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[PERLINDUNGAN HUKUM TERHADAP MONETISASI KARYA SENI MUSIK UNTUK KONTEN VIDEO YANG DIUNGGAH KE YOUTUBE DITINJAU UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA ]]>
<![CDATA[Martin Eka Dwi Chandra]]>;
<![CDATA[Nahrowi Nahrowi]]>;
<![CDATA[Mara Sutan Rambe]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.21414
<![CDATA[In today's rapid technological developments, many people are involved in the world of electronic entertainment and one of them is being a content creator on Youtube. However, in practice there are still many people who use other people's copyrighted works for their video content without having the approval or license of the related parties. This research focuses on circulating literature sources and the result is that every activity that uses the copyrighted work of others must have permission from the creator and/or copyright holder in accordance with Law Number 28 of 2014, besides that Youtube itself has regulated the Copyright Matching Tool. or plagiarism checking tools owned by Youtube.]]>
<![CDATA[Kewenangan dan Tanggung Jawab Notaris Dalam Pembuatan Akta Pernyataan Keputusan Rapat Yayasan Yang Tidak Memenuhi Kuorum ]]>
<![CDATA[Melvina Aldhia Assyauqi]]>;
<![CDATA[Ramlani Lina Sinaulan]]>;
<![CDATA[Putra Hutomo]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.25411
<![CDATA[Notaries have jurisdiction under Article 15 of the UUJN and responsibility under Article 16 of the UUJN. A Notary's responsibilities extend beyond his own, as he is a public authority authorized to make a genuine deed. Because the Notary's negligence will have legal ramifications for the deed he made. Notaries must also follow all applicable laws and regulations while preparing the Deed of Statement of Foundation Meeting Resolutions. This study used the library research approach, which involves looking through library materials or secondary data. This project will discover, explain, and categorize library materials that provide information pertinent to the concerns presented. According to the research, a Notary's principal authority is to make a genuine document, which might be an official deed (relaas) or a party deed (partij). The UUJN controls a Notary's particular authority, which is to provide legal advice in connection with the making of a deed. The Foundation Law must be followed while drafting the Deed of Statement of Foundation Meeting Decisions based on the Trustees meeting decision. Deed of Statement of the Foundation Meeting Resolutions whose minutes do not reach the quorum are subject to sanctions such as cancellation of the deed.]]>
<![CDATA[Efektivitas Aturan Hukum Penggunaan Masker Dalam Penanggulangan Kesehatan: Studi Pelaksanaan Peraturan Gubernur DKI Jakarta Nomor 3 Tahun 2021 tentang Peraturan Pelaksanaan Peraturan Daerah Nomor 2 Tahun 2020 tentang Penanggulangan Coronavirus Disease 2019 ]]>
<![CDATA[Sigit Prayogo Soemodihardjo]]>;
<![CDATA[Syahrul Adam]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.20876
<![CDATA[This study discusses the application of the use of masks in the Governor of DKI Jakarta Regulation No. 3 of 2021 concerning The Implementation Regulation of Regional Regulation No. 2 of 2020 on The Prevention of Coronavirus Disease 2019 whether it can run effectively through the realization of the application of health protocols in the handling of coronavirus in DKI Jakarta through the theoretical approach of effectiveness of legislation. This research is field research that describes and describes a situation by reviewing the results of data and interviews obtained through the relevant agencies and then describing and associating with applicable regulations to support research. The method used is qualitative by using the approach of legislation (statue approach). The results of this study showed an analysis of the Governor of DKI Jakarta Regulation No. 3 of 2021 concerning The Implementation Regulation of Local Regulation No. 2 of 2020 on The Prevention of Coronavirus Disease 2019 is associated with the theory of effectiveness of soerjono Soekanto law, so this regulation looks quite effective by looking at the legal factors itself, law enforcement factors, facilities or facilities that support in law enforcement , the societing factor itself, and the cultural factor.]]>
<![CDATA[Green Open Space Governance Strategy Against City Development in East Jakarta Mayor Perspective of Law Number 26 of 2007 concerning Spatial Planning ]]>
<![CDATA[Pamungkas Alukman Nulhakim]]>;
<![CDATA[Siti Ngainnur Rohmah]]>;
<![CDATA[Abu Tamrin]]>;
<![CDATA[Mufidah Mufidah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.25602
<![CDATA[The existence of Law Number 26 of 2007 concerning spatial planning is a shared hope, both for the local government and the community in East Jakarta Municipality. Urban problems arise due to unclear urban spatial planning, as well as inconsistencies in environmental management. The purpose of this study is to explain the importance of managing urban spatial planning as a strategy for designing and developing environmentally friendly areas in East Jakarta Municipality based on Law Number 26 of 2007 concerning Spatial Planning. The research method used is qualitative with a normative and empirical juridical approach. The results of the study found that one of the benchmarks for the application of the Green City concept is the existence of Green Open Space (RTH) in urban areas. Green Open Space in a city must meet a minimum area of 30% of the total land area, with a composition of 20% public green open space and 10% private green open space (Law No. 26 of 2007).]]>
<![CDATA[Scientific Evidence of a Clash between Das Sollen and Das Sein in the book Why Nations Fail by Daron Acemoglu and James A Robinson ]]>
<![CDATA[Nur Rohim Yunus]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.25150
<![CDATA[Luxembourg lebih kaya tiga ratus lima puluh kali lipat dibanding Burundi. Menurut data World Bank, Pendapatan rata-rata penduduk negara kecil yang berada di dataran Eropa tersebut pada 2017 sebesar 104,1 ribu dolar AS. Sedangkan pada tahun yang sama, pendapatan rata-rata penduduk Burundi hanya mendekati 300 dolar AS. Ilustrasi di atas boleh jadi bagi sebagian orang hanya perkara sepele. Sebagian lainnya mungkin menganggap itu takdir. Namun, Daron Acemoglu dan James A. Robinson bukan tipe orang semacam itu. Di hadapan dua ekonom tersebut, ilustrasi di atas ialah rangkaian misteri yang mesti disibak. Walhasil, mereka menyelidikinya dan menuliskannya dalam sebuah buku berjudul Why Nations Fail: The Origins of Power, Prosperity, and Poverty (2012). Di Indonesia, buku tersebut terbit pada 2017 dengan judul Mengapa Negara Gagal: Awal Mula Kekuasaan, Kemakmuran, dan Kemiskinan. ]]>
<![CDATA[Legalitas Anggota TNI Aktif Dalam Rangkap Jabatan Sipil: Studi Terhadap Undang-Undang Nomor 34 Tahun 2004 Tentang Tentara Nasional Indonesia ]]>
<![CDATA[Muhammad Adlan Kamil]]>;
<![CDATA[A Salman Maggalatung]]>;
<![CDATA[Feni Arifiani]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.21921
<![CDATA[The question of active TNI members holding civilian positions has sparked much controversy. The TNI's right to shape Indonesia's future, the accumulation of non-job TNI officers, and the government's direct policy of asking active TNI members to choose civilian jobs were cited as major factors. To explain the role, status, and function of Indonesia's TNI in the country's constitutional system and the legality of TNI personnel working in parallel civilian occupations. This study use the statute technique for formative and library research. This approach to legislation references Law 34 of 2004 on the Indonesian National Army and TAP MPR Number VII/MPR/2000 on the role of the TNI and POLRI. The study's legal experts' doctrine or theory is called the conceptual approach. This research found that many civilian positions held by active TNI members are illegal. State Security, Presidential Military Secretary, State Intelligence; National Code; National Defence Institutions; and the National Defence Council are the only TNI disciplines that allow concurrent TNI positions. SAR. and the Supreme Court are not included. Many TNI members currently work in jobs that do not fit this description.]]>
<![CDATA[Perlindungan Hukum Terhadap Persamaan Pemegang Hak Atas Merek Dalam Persaingan Dagang ]]>
<![CDATA[Henny Novianti]]>;
<![CDATA[Joko Sriwidodo]]>;
<![CDATA[Sartono Sartono]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.25410
<![CDATA[Regarding the critical nature of trademark reform, Indonesia participated in the World Intellectual Property Organization's approval of the International Trademark Agreement (WIPO). The 1992 Trademark Law was updated in 1997 by Law No. 10 Resolution No. 14 of 1997, which takes into account the provisions of the International Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS-GATT). This clause protects the origin and geographical indicators of products. Additionally, the provision modifies the former in the preceding law. With regards to trademarks in Indonesia Each user has the ability to trademark his or her name. According to Article 3 of Law No. 20 of 2016 on Marks, trademark rights are granted to registered trademark owners, indicating that the brand system in Indonesia is a constitutive (active) system, with registered trademark owners being trademark rights holders. The registered mark's owner, as the mark's holder, either uses the mark himself or grants authorization to others to do so. Additionally, Article 40 of Law No. 20 of 2016 on Marks and Geographical Indications provides that trademark rights may be transferred in accordance with the Act's provisions.]]>
<![CDATA[Perlindungan Hukum Bagi Para Pihak Akibat Perbuatan Tindak Pidana Yang dilakukan Oleh Notaris ]]>
<![CDATA[Gassanova Farah Diba]]>;
<![CDATA[Wira Franciska]]>;
<![CDATA[Felicitas Sri Marniati]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.25412
<![CDATA[The involvement of a notary in a criminal case is caused by the negligence and carelessness of the notary. Such as the criminal act of falsifying the deed he made intentionally. As in several cases examined in this study. The type of research used in this research is normative juridical. The research approach used is a statutory approach, an analytical approach and a case approach. The results of the research obtained are the legal consequences of a Notary deed containing elements of forgery does not automatically result in the deed being null and void, because the aggrieved parties must file a civil lawsuit to the court to cancel the deed. If a court decision has permanent legal force, then the deed can be annulled. Notaries cannot be held criminally responsible for deed falsification if it is not proven that there was an intentional factor, because the Notary only records what was submitted by the parties to be included in the deed. False information submitted by the parties is the responsibility of the parties. However, if it is proven that there is an element of intent, the notary can be held criminally responsible.]]>
<![CDATA[Analisis Probabilitas Sikap Indonesia Terhadap Pemerintahan Taliban Di Afghanistan Tahun 2021 ]]>
<![CDATA[Ida Susilowati]]>;
<![CDATA[Muh Zulfadillah Alvarezel]]>;
<![CDATA[Rafif Ibnu Widyadana]]>;
<![CDATA[Syahril Ady Fahlanda Siregar]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.25015
<![CDATA[Shortly after the withdrawal of US troops in Afghanistan, the Taliban quickly occupied the Afghan capital, Kabul. President Biden's decision to withdraw these troops from Afghanistan has attracted a lot of attention from various parties. Indonesia as a Muslim-majority country of course needs to determine its attitude towards the Taliban's rule. This journal analyzes the probability of Indonesia's attitude towards the Taliban government after the withdrawal of US troops in Afghanistan. The method used is descriptive qualitative with literature study data collection techniques. The results show that Indonesia tends to focus on establishing peace and upholding the rights of every citizen in Afghanistan. This is viewed from the principle of Indonesia's foreign policy which is "Free and Active" as well as the concept of norms and identity in the constructivism paradigm.]]>
<![CDATA[Penegakan Hukum Bagi Pelaku Reaksi Pasif Masyarakat Terhadap Korban Kecelakaan Lalu Lintas ]]>
<![CDATA[Rizkiyah Nurul Fatihah]]>;
<![CDATA[Alfitra Alfitra]]>;
<![CDATA[Mara Sutan Rambe]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i2.17640
<![CDATA[This study intends to evaluate the existence of persons who are passive when they witness a traffic collision and the efforts or law enforcement carried out by the authorities, specifically the police, in dealing with such individuals. This study employs a qualitative approach to criminology-based research. In research, main legal texts or field data serve as data sources. Interviews and a literature review were utilized to acquire data for this investigation. The findings of this study reveal that there are still a significant number of individuals who react passively to victims of traffic accidents for a variety of reasons, such as a dread of blood, a fear of being witnesses, etc. Then, law enforcement continues to be hampered by a number of problems. Then, Islamic law has laws addressing this society's passive response.]]>
