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INDONESIA
JOURNAL of LEGAL RESEARCH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 27157172     EISSN : 27157164     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Search results for , issue "Vol 4, No 1 (2022)" : 16 Documents clear
Peran Anggota DPR Perempuan dalam Upaya Pengarusutamaan Gender pada Fasilitas Publik Pengaturan Lahan Parkir Berbasis Gender di Kota Depok Lia Fauziyyah Ahmad; Rosdiana Rosdiana; Atep Abdurofiq
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.17847

Abstract

This study aims to determine the role of women DPRD in overseeing parking policies between women and men and to understand the impact of the role of women DPRD on public facilities in gender mainstreaming efforts in Depok City, especially in hospitals, shopping centers, and Depok City Hall in 2019 The parking lot policy as gender-responsive is a strategic step to seek gender mainstreaming. The research method used in this study uses a sociological empirical approach through empirical or non-doctrinal legal research with qualitative data, which observes policies and is analyzed through application to concrete events. Through a study of parking area policies in Depok City, it is corroborated by the results of interviews with female DPRD members in Depok City for the 2019-2024 period, visitors, and parking managers in Depok City. The results of the study indicate that the role of women's DPRD is considered capable of maintaining gender-responsive stability and achieving equitable justice for the community, both men and women.
KEWENANGAN PENGUJIAN PERATURAN PERUNDANG-UNDANGAN (Analisis Perbandingan Antara Negara Indonesia Dengan Negara Prancis) Fathudin Fathudin; Annisa Hidayatush Sholikha; Ismail Hasani
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.21092

Abstract

This study describes comparison problems of Judicial Reviews in Indonesia and France. Which is where in the comparison, there is an equation and Judicial Review of the Prevailing Laws. This study aims to determine the development of the Judicial Review in Indonesia and French. In particular, this thesis explores a method of Judicial Review between Indonesia and France. The results show that, in Indonesia, there are two institutions that carry out Judicial Review, namely the Supreme Court and the Constitutional Court. This is the basis for the comparison of Judicial Review with the French state, which in the French state is only carried out with one institution, namely the Constitutional Council. In general, the practice of Constitutionality contains various aspects such as institutional aspects, procedures and the nature of the decision. In the institutional context, a special institutionalization model is to form an institution such as the Constitutional Court in Indonesia. Then a model of testing by establishing a new body specifically but having a political character and not a judicial body was found in France with the Conseil Constitutionnel. The existence of a Constitutionality Review agency has implications for the procedural aspects and forms of testing it.
Scientific Evidence of a Clash between Das Sollen and Das Sein in the book How Democracies Die by Steven Levitsky and Daniel Ziblatt Nur Rohim Yunus
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.24929

Abstract

Porsi buku ini banyak mengulas soal fenomena yang terjadi di Amerika Serikat. Yakni ketika Donald Trump, yang diusung oleh Partai Republik, menang pada Pilpres Amerika Serikat tahun 2016. Trump unggul atas kandidat Partai Demokrat, Hillary Clinton. Padahal banyak lembaga survei lokal yang memprediksi kekalahan Trump. Trump diduga kuat menang karena berhasil memainkan isu rasisme kulit hitam dan menebarkan ketakutan melalui hoax. Begitu terpilih, Trump langsung mengeluarkan pernyataan kontroversial membuatnya terkesan seperti diktator. Beberapa di antaranya pernyataan perang yang diumumkan lewat akun Twitter pribadinya, rencana membangun tembok perbatasan Meksiko-Amerika Serikat; kebijakan luar negeri Korea Utara dan Afghanistan yang memicu perang; reformasi pajak; sikapnya arogan kepada media yang mengkritiknya; ketidakpercayaannya pada fenomena perubahan iklim; hingga yang paling kontroversial soal pengakuan Trump atas Yerusalem sebagai ibu kota Israel.
Akibat Hukum Terhadap Pihak Ketiga Atas Pengangkatan Direksi dan Dewan Komisaris Yang Tidak Diberitahukan Kepada Menteri Hukum dan Ham Republik Indonesia Hemi Marihot Goldfirst Nainggolan; Tofik Yanuar Chandra; Bernard Nainggolan
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.25102

Abstract

The nomination of a Limited Liability Company's Board of Directors and Board of Commissioners must be informed to the Minister of Law and Human Rights, as specified in Articles 94 and 111 of Law No. 40 of 2007 respecting Limited Liability Companies. Following compliance with these criteria, the Board of Directors and the Board of Commissioners are effectively appointed externally and are authorized to enter into legal relationships with other parties. The research method employed is a normative juridical one, with a statutory, conceptual, and case-based approach. The study's findings indicated that the legal consequences for third parties of not notifying the Ministry of Law and Human Rights of the Republic of Indonesia about the appointment of the Board of Directors and the Board of Commissioners resulted in the cancellation of a legal relationship between a third-party and the Board of Directors and the establishment of legal protection for third parties, namely that a third party could sue the Board of Directors, the Board of Commissioners.
Tindak Pidana Mempekerjakan Anak Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan: Analisis Putusan Mahkamah Agung Nomor 293/ K/Pid.Sus/2018 Fithania Wahyu Fitria Saputri; Rosdiana Rosdiana; Mohamad Mujibur Rohman
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.23788

Abstract

This study explains how Law Number 13 of 2003 on Employment makes child labor a crime. It also looks at Supreme Court Verdict Number 293 K/Pid.Sus/2018, which was made by the Supreme Court in 2018. Qualitative methods are used in this study, which takes a look at the case from a constitutional (statutory) point of view (case approach). On the basis of Law Number 13 Year, 2003 on Employment and Manpower, employers aren't allowed to hire children. Some people say that children between the ages of 13 and 15 can do light work, but they can't do anything that could harm their health or development in any way. The threat of punishment for people who do things that are illegal There are rules about how to get a job in Law Number 13 of the Year 2003 about Manpower, which you can find in Articles 181, 183, and 182. (1). People who work for the Supreme Court think about things that aren't related to law when they make decisions about Supreme Court No. 293 K/Pid.Sus 2018. That is because it was revealed at the trial that the child witnesses didn't have any problems with their bodies, minds, or social lives. Indonesia's law on employment was used to look at Supreme Court No. 293/K/Pid.Sus/2018, and it was found to be in line with the law.
Implementasi Pembinaan Korban Penyalahgunaan Narkotika Melalui Rehabilitasi Pada Lembaga Pemasyarakatan Nurlaila Nurlaila; Kristiawanto Kristiawanto; Mohamad Ismed
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.24812

Abstract

Discussion of the Implementation of Guidance for Victims of Narcotics Abuse in Correctional Institutions via Rehabilitation. This legal research takes a normative juridical approach, which means that it examines still-in-force legal concepts and norms. According to Article 54 of Law Number 35 of 2009 concerning Narcotics, addicts and victims of drug abuse must undergo medical and social rehabilitation. Additionally, pursuant to Law Number 12 of 1995 concerning Corrections, special narcotics prisons are provided for violators of narcotics crime laws. Fostering victims of drugs misuse in Correctional Institutions is accomplished in two ways: medical rehabilitation and social rehabilitation in accordance with court rulings. Where medical rehabilitation is provided to victims of narcotics misuse in accordance with the therapy plan established by the Doctor Team from the Integrated Assessment Team and in accordance with the program applicable to the rehabilitation institution. Meanwhile, a rehabilitation institute built by the Provincial National Narcotics Agency provides social rehabilitation for victims of narcotics usage.
Perlindungan Hukum Merek Asing Terkenal Yang Bergantung Pada Sistem Konstitutif Di Indonesia Muhammad Lukman Fadillah; Nahrowi Nahrowi; Ipah Farihah
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.22254

Abstract

In order to improve the similarity of peoples to perform passing off reputation on the other side, now, therefore, mark breaching is especially motivated by a desire to gain benefit in the goods and services trade with the other mark which has been famous or popular or with the passing off owner mark or well-known mark. Trading of the trademark in well-known mark speed on selling to the market will undoubtedly profit quickly. The behavior in violation of the law harmed a company's reputation. With regard to the "EIK, EIKA, and EIKA brand" trademark issue, this journal seeks to discover how the "EIK" trademark is protected in Indonesia against well-known foreign marks that are not registered in Indonesia. A qualitative normative legal study employing a statute and case method. The statute used in this study is Law No. 20 of 2016 governing Marks and Geographical Indications, while the case used in this study is Supreme Court Decision No. 1300 K/Pdt.Sus-HKI/2017. The results of this study show that Law No. 20 of 2016 Governing Marks and Geographical Indications solely protects trademark rights based on registration. The Supreme Court judges gave substantial and correct consideration to the evidence in the case between the EIK brand and EIK, EIKA, and EIKA.
Sistem First To File Sebagai Perlindungan Hukum Dalam Hukum Merek: Studi Putusan Mahkamah Agung Nomor 57/Pdt.Sus- Merek/2019/Pn Niaga Jkt.Pst Dezza Al Manda; Raditya Permana; Faris Satria Alam
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.23794

Abstract

In this study, we will look into the First to File system and the principle of equality in the law on trademarks and geographical indications. We will also look into how the judges looked at the Geprek Bensu case in the Supreme Court Decision Number 57/2018/PN Niaga Jkt.Pst. First to File is the most important thing in Law Number 20 of 2016, which deals with trademarks and geographical indications. It is the first step to a chance. Article 3 of Law Number 20 of 2016 says that if the mark has been registered in the General Register of Marks, you can get the right to a mark. Even though the law doesn't say it, this is what it says (DUM). It was found that Ruben Samuel Onsu was not careful when he tried to use the Geprek Bensu trademark. The Supreme Court ruled that he broke the First to File system. The results of this study show that some Indonesian people haven't paid much attention to the First to File system. One of them is Ruben Samuel Onsu. It was finally up to the judge in this case to decide that he didn't believe the Plaintiff, Ruben Samuel Onsu, and that he wanted the Director General of Trademarks and Geographical Indicators to remove the registration of the marks in the name of Ruben Samuel Onsu.
Perlindungan Hukum Terhadap Hak Dan Kewajiban Antara Pt Migo Anugerah Sinergi Dengan Para Pihak Dalam Perjanjian Kemitraan Azdho Muhamad Ramadhon; Soefyanto Soefyanto; Nisrina Mutiara Dewi
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.22562

Abstract

The purpose of this thesis is to establish and define the kind of legal protection that will be provided to the parties bound by the PT Migo Anugerah Sinergi partnership agreement in order for them to fulfill their rights and obligations. PT Migo Anugerah Sinergi has entered into an agreement with Migo Station, which serves as its partner, to explain the rights and obligations of the parties regarding legal protection in the event of a loss, as well as the type of legal protection that will be provided to them by the Migo Ebike transportation service provider, in order to better understand the implementation or application of the agreement. As a result of their participation in the partnership arrangement, they have suffered losses. Because the relationship between PT. Migo Anugerah Synergy and Migo Station is not only established in writing through a partnership/cooperation agreement, but it is also established through an electronic agreement, both parties are required to approve and sign the electronic agreement. A qualitative research approach is used in this study, which employs a normative empirical approach based on Indonesian laws and regulations, specifically Article 1 paragraph (13) and Article 11 of the Law of the Republic of Indonesia Number 20 of 2008 concerning Micro, Small, and Medium-Sized Enterprises and Article 4, Article 5, Article 6, and Article 7 of the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and Article 4, Article 5, and Article 6 of the Law of the Republic of Indonesia Number 11 of 2016 concerning Small and Medium-Sized.
Suatu Kegentingan Memaksa Menjadikan Peraturan Pemerintah Pengganti Undang-Undang Menjadi Undang-Undang Iskandar Iskandar
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.24813

Abstract

The State of Indonesia is a legal state that tries to keep things in order and make things clear for the people who work for the government. People and the government should always use the law as a guide when they do things in the name of the country or state. The Constitution gives the President, who is in charge of the government, the power to make a rule called a "Government Regulation in Lieu of a Law." This rule is meant to make sure that the safety of the state can be taken care of by the government in an emergency so that the government can act quickly and appropriately. Regulations made by the government instead of law are rules that are at the same level as the law, made in a time of crisis, and formed by the President. They do the same thing as the law. The President can make rules for the government instead of law when there is a "compelling need." This means that Perppu must be based on Pancasila and Indonesia's constitution from 1945. It must also be based on state laws and basic laws in-laws and regulations, and it must also be the source of laws and regulations, as well. The one on the bottom. Even though the level and degree of the law are the same, there are a lot of differences between the two types of legislation, including who made it, how it was made, and when it was made.

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