JOURNAL of LEGAL RESEARCH
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
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<![CDATA[Barrier To Entry Dalam Kebijakan Undang-Undang Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal Menurut Putusan Dispute Settlement Body Nomor 484 Tentang Kasus Impor Daging Ayam Dan Olahan Daging Ayam Oleh Brazil ]]>
<![CDATA[Ahmad Farhan Hadad]]>;
<![CDATA[Hasanudin Hasanudin]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.18204
<![CDATA[The main problem in this article is how the implementation of halal product guarantees creates a barrier to entry based on Law Number 33 of 2014 concerning Halal Product Guarantee according to the Dispute Settlement Body Decision number 484. The research method uses a juridical normative approach. Juridical normative research has two sources of law, namely primary and secondary sources of law. Primary sources of law refer to the Dispute Settlement Body Decision Number 484 and Law Number 33 of 2014 concerning Halal Product Guarantee. The secondary source of law refers to the book by Huala Adolf entitled International Trade Law. The results of the study indicate that the Dispute Settlement Body decision has binding power for the Indonesian state because Indonesia is part of the WTO. This decision also gave the impact of creating uncertainty in the law, especially regarding the Halal Product Guarantee. The efforts of the Indonesian state to protect the Halal Product Guarantee by making an appeal to the Dispute Settlement Body, although the results are still not in accordance with what Indonesia wants.]]>
<![CDATA[Pelanggaran Hak Cipta Karya Fotografi Di Media Daring Menurut Hak Kekayaan Intelektual ]]>
<![CDATA[Karina Putri]]>;
<![CDATA[Nahrowi Nahrowi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.16174
<![CDATA[This study aims to examine the legal protection of copyright creators of photographic works whose moral and economic rights are violated on the internet according to Law Number 28 of 2014 concerning Copyright. This research method uses a normative juridical research approach, namely research that refers to the legal norms that exist in statutory regulations, literature, expert opinion and papers. The results in this study indicate that photographic copyright infringement is still rife, referring to one of Aryono's cases, where photos on his personal Instagram were taken by online media for commercial purposes. In this case there was a violation of moral rights and economic rights. In the Copyright Law, it is explained in article 5 that moral rights are attached to the creator to maintain the creator's right which is valid for life and if used for commercial purposes, it is explained in Article 9 that the creator has economic rights, that is, everyone is required to obtain the author's permission to carry out commercial use of this protection. valid for 50 years.]]>
<![CDATA[Efektivitas Pengawasan Badan Penyelesaian Sengketa Konsumen pada Pencantuman Klausul Baku di Provinsi Dki Jakarta ]]>
<![CDATA[Rizky Darmawan]]>;
<![CDATA[Mustolih Mustolih]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.14572
<![CDATA[This thesis aims to determine the effectiveness of BPSK supervision on the inclusion of standard clauses in DKI Jakarta Province, and how the regulations related to the supervision of standard clauses are regulated in the Decree of the Minister of Industry and Trade No. 350 / MPP / Kep / 12/2001 regarding the implementation of duties and authorities of the Settlement Body. Consumer Disputes. The type of research used in this research is empirical juridical. Juridical empirical is an approach taken to analyze the extent to which a regulation or statute or law is currently in effect. The results of this thesis research indicate that the DKI Jakarta BPSK has not been able to play an active role in supervising the inclusion of standard clauses according to their duties and authorities because there are no regulations related to technical rules regarding standard clause supervision in the consumer protection law. Even though it has not been optimal in monitoring standard clauses, in this case the DKI Jakarta Provincial BPSK assemblies can only interpret their authority as stated in the consumer protection law regarding the supervision of the inclusion of standard clauses. Although it is still in the stage of groping and learning from cases that have been disputed by consumers in carrying out standard clause supervision.]]>
<![CDATA[Keabsahan Perjanjian Restrukturisasi Nomor: 003/Pam/F/K.KH/III/2018 Oleh Dan Antara Perusahaan Daerah Air Minum Daerah Ibukota Jakarta (PAM Jaya) Dan PT. Aetra Air JakartaBerdasarkan Putusan MK Nomor 85/PUU-IX/2013 ]]>
<![CDATA[Nada Najiha]]>;
<![CDATA[Ria Safitri]]>;
<![CDATA[Fathudin Fathudin]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.15674
<![CDATA[The main problem in this research is regarding the management of water resources after the Constitutional Court Decision Number 85 / PUU-IX / 2013 and whether or not the Restructuring Agreement Number 003 / PAM / F / K.KH / III / 2018 between PAM Jaya and PT. Aetra Air Jakarta based on the Constitutional Court Decision Number 85 / PUU-IX / 2013. This research aims to make everyone understand that the contents of the agreement must be in accordance with the prevailing laws and regulations. This research method uses a normative juridical approach. Juridical normative in this study has two sources of law, namely primary and secondary sources of law. Primary sources of law refer to the Restructuring Agreement Number 003 / PAM / F / K.KH / III / 2018 and the Constitutional Court Decision Number 85 / PUU-IX / 2013. The results of the study show that in the Constitutional Court Decision Number 85 / PUU-IX / 2013 mandating the participation of state shares in water resources management cooperation with the private sector, while the Restructuring Agreement Number 003 / PAM / F / K.KH / III / 2018 is considered invalid. valid because it does not include state shares in accordance with the appropriate proportion. ]]>
<![CDATA[Tinjauan Yuridis Pasal Pemidanaan bagi Pelanggar Rahasia Dagang dalam Undang-Undang Nomor 30 Tahun 2000 ]]>
<![CDATA[Akram Sri Nerendro Tomo]]>;
<![CDATA[Burhanudin Burhanudin]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.16168
<![CDATA[Abstract.The law number 30 year 2000 about trade secret was first enacted on December 20th 2000. The main purpose of this law is to create a conducive and innovative business climate to create a national and international business competition to be conducive. The other purpose of this law is to protect the rights of the trade secret owners that has not been noticed. To protect the rights of the trade secret owner, the articles of 13 and 14 regulates the elements of violation about trade secrets and then these both articles is accommodated in article 17 abaout the criminal provisions. However, there is a problem in the Article about the punishment due to the inconsistency of the phrase which results in a double understanding of the phrase. The phrase is "Violation" which has consequences on the threat of punishment that is given a maximum imprisonment and fines based on book 3 of the Criminal Code (WvS), while in Article 17 which received a delegation of Articles 13 and 14, the threat of punishment is a maximum of 2 years in prison and fines. In addition, the problem with the ineffectiveness of this law in snaring violators is the absence of provisions on various matters. From the description above, the researcher tries to provide a researcher's perspective through a juridical review of the Criminal Code of trade secrets and also the problem of the ineffectiveness of the application of the Article. ]]>
<![CDATA[Hak Merek Sebagai Jaminan Fidusia Dalam Praktik Pemberian Kredit Oleh Perbankan Di Indonesia ]]>
<![CDATA[Wely Saputra]]>;
<![CDATA[Muhammad Yasir]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.14612
<![CDATA[The goal of this study is to develop the legal status of brand rights as collateral for bank credit guarantees and to analyze the risks of applying brand rights as collateral for bank credit guarantees in Indonesia. Brand rights are part of intellectual property rights which, of course, are of commercial significance to be used as collateral for bank loans. This study is a normative legal research using a regulatory methodology or a legislative approach to interpreting the idea of brand rights being used as security for bank loan guarantees, as laid down in statutory regulations, which are meant to try to get closer to the problems examined on the basis of laws, norms and rules. In compliance with the purpose of the analysis. The findings of the research suggest that Brand Rights can potentially be used as collateral for bank credit guarantees in compliance with the relevant legal requirements, but there are no specific laws and regulations that explicitly govern brands used as collateral for bank credit and, as a result, many banks in Indonesia have not been able to consider brands as collateral for bank credit guarantees.]]>
<![CDATA[Validitas Hukum Permendag Nomor 29 Tahun 2019 Tentang Ketentuan Ekspor dan Impor Hewan terhadap Eksistensi Undang-Undang Jaminan Produk Halal Indonesia ]]>
<![CDATA[Nurul Miftah Jannah]]>;
<![CDATA[Andi Syafrani]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.14578
<![CDATA[The issues that will be examined in this article are related to the legal validity of the Minister of Trade Regulation Number 29 of 2019 concerning the Export and Import of Animal and Animal Products to the existence of the Halal Product Guarantee Law. The problem is related to the legality of the inclusion of the Halal Product Guarantee Law in the consideration and legal basis of MOT Number 29 of 2019 and the legal validity of the Minister of Trade Regulation Number 29 of 2019 faced with the existence of the Halal Product Guarantee Law. This research method uses a normative juridical approach by analyzing the problems associated with statutory regulations (statute approach) in the field of consumer protection law. The results in this study indicate that the existence of the problem (conflict) is the philosophical impact that is incurred against the theory of legal protection and legal morality where a norm basically aims to protect consumers, especially Muslim consumers in their rights. Sociologically, this research also has an impact on decreasing moral stability and certainty in the law that applies to the inclusion of halal certification in imported animal products and animal products in Indonesia after the issuance of MOT 29/2019 concerning the provisions of Export and Import of animals and animal products, so that it can be issued. cause multiple interpretations and misunderstandings from various circles.]]>
<![CDATA[Keabsahan Perjanjian dan Tanggung Jawab Badan Hukum Virtual Office terhadap Konsumen yang Melakukan Perbuatan Melawan Hukum ]]>
<![CDATA[Arsyilla Destriana]]>;
<![CDATA[Ali Hanafiah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.14580
<![CDATA[AbstractThis thesis aims to establish and clarify the legitimacy of the virtual office lease arrangement because the agreement has violated Article 18 of the Law of the Republic of Indonesia Number of 1999 concerning Consumer Safety because it includes standard provisions and virtual office obligations to customers who perform unlawful actions. This type of study is methodological normative research. Use case studies in the context of legal conduct goods. The main point of the study is the implementation or implementation of positive legal provisions and contracts in fact at any particular legal event that occurs in society in order to achieve predetermined goals. The results showed that the validity of the agreement in the virtual office is the same as the provisions stipulated in Article 1320 of the Civil Code, namely that subjective and objective requirements must be fulfilled. The responsibility of virtual office business entities to consumers who commit acts against the law is to provide all data and information about consumers who commit acts against the law provided that the Virtual office has no errors and can prove that they are not guiltyKeywords: Virtual office, Agreement, Legal Responsibility, Consumer Protection, Standard Clause]]>
<![CDATA[Upaya Hukum Peninjauan Kembali Terhadap Putusan Bebas ]]>
<![CDATA[Hapit Suhandi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.19294
<![CDATA[AbstractThis legal research aims to determine the reasons for the convicted perpetrators of criminal acts in filing legal remedies for judicial review in an acquittal. The rules regarding the reasons for filing a judicial review are contained in Article 263 of the Criminal Procedure Code. The main requirement for filing legal remedies for judicial review is in Article 263 paragraph (1), namely that the court's decision must be legally binding. Then Article 263 paragraph (2) explains the material reasons for filing a legal reconsideration effort. The reason the convicted person filed a judicial review is in accordance with the provisions of Article 263 paragraph (2) letter c, the Cassation decision clearly shows a judge's mistake or an obvious mistake. The review is carried out by the prosecutor / public prosecutor as a legal breakthrough in an effort to obtain justice and truth due to new circumstances (novum), or mistakes or mistakes of judges and / or decisions that contradict one another. The Attorney General / Public Prosecutor does not use the cassation for the sake of the law which is his right and prefers to file a review. The Indonesian State Government System, as contained in the explanation of the 1945 Constitution of Indonesia is a state based on law (Rechtsstaat), not based on mere power (Machtsstaa). In this study using qualitative research methods, with a normative juridical approach. The results of this study, the study used normative legal research in which data collection was carried out through literature study and interviews with several sources, which were then analyzed qualitatively. The results of this study conclude that the prosecutor / public prosecutor filed a review on the legal basis of the provisions of Article 263 paragraph (3) of the Criminal Procedure Code, the provisions of Article 68 paragraph (1) of Law Number 3 of 2009 and the provisions of Article 24 paragraph (1) of Law No. 48 of 2009. Keywords: Reconsideration, Free Decision, Legal Remedies]]>
<![CDATA[Tinjauan Yuridis Ketentuan Uang Muka di Bawah Ketentuan Peraturan Menteri Keuangan dan Otoritas Jasa Keuangan ]]>
<![CDATA[Ardrian Yolanda]]>;
<![CDATA[Ali Hanafiyah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.14575
<![CDATA[The goal of this analysis is to decide the implementation of the down payments in the provisions of the relevant laws and regulations and how the legal implications of the violation of the provisions laid down in Regulation No 43/PMK.010/2012 of the Minister of Finance concerning the advances for customer financing of motor vehicles in financing companies are to be decided. , and Financial Services Authority Regulation Number 35 / POJK.05 / 2018 concerning Business Conduct of Financing Companies. The method of research used in this research is legal normative, i.e. legal research carried out by analyzing library resources or secondary data as fundamental research material by undertaking a review of the laws and literature pertaining to the problem under review. The findings of this analysis show that Regulation No 43 / PMK.010 / 2012 of the Minister of Finance concerning Developments for Automotive Financing for Motor Vehicles in Financing Companies and Regulation No 35 / POJK.05 / 2018 of the Financial Services Authority concerning Market Activity of Financing Companies do not interfere with the existing Regulation. However, this regulation cannot be implemented optimally in the field, because there are still many violations regarding the existence of low Down Payment (DP) promotions at dealers who have collaborated with leasing. However, because there is no strict supervision in the field, dealers / leasingers often commit violations, which creates uncertainty in law enforcement.]]>
