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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 306 Documents
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Legalitas Perjanjian Asuransi Melalui Telemarketing Ditinjau Dari Peraturan Otoritas Jasa Keuangan (Pojk) Nomor 1/Pojk.07/2013 Tentang Perlindungan Konsumen Sektor Jasa Keuangan; Studi Kasus: BNI Life Rahma Dwi Saputri; M Nadratuzzaman Hosen
JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019)
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.v1i2.13874

Abstract

AbstractInsurance is a willingness to determine the loss as a substitute for large losses that are not yet certain. Along with technological advancement, the insurance industry has begun to develop and the marketing model has also transformed, initially marketing insurance products are only done face-to-face (conventional) method, but now the method was developed by using the telemarketing method. This study aims to determine how the legality of insurance agreements through telemarketing reviewed from Peraturan Otoritas Jasa Keuangan (POJK) Nomor 1/POJK.07/2013 and also to find out the suitability of the insurance agreement through telemarketing according to the principle of consensual in the agreement law at BNI Life. This research uses normative-empirical research and library research by conducting a study of the applicable laws and regulations that support the results of a study. The results of the study show that the insurance offers made by BNI Life were in accordance with those stipulated in POJK 1/2013. However, in practice, the insurance agreement made when making the offer cannot be a perfect agreement, because the insurance agreement through telemarketing by BNI Life does not fulfil the principle of consensual in the agreement law.Keywords: Agreement, Insurance, Telemarketing, Legality
Perlindungan Hukum Terhadap Hak Cipta Karya Tulis Dalam Media Internet Bayu Rizki Ramadhan; Nahrowi Nahrowi
JOURNAL of LEGAL RESEARCH Vol 1, No 3 (2019)
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.v1i3.13072

Abstract

AbstractThis study aims to explain how the protection of writings on the internet that are widely circulated and the rise of violations that occur in the internet media. Especially violation of piracy or plagiarism of papers in the internet media, in the provisions of Law Number 28 of 2014 concerning Copyright, Article 1 Paragraph (1) states that copyright is an exclusive right in which the protection is automatically granted by the law since the creation is realized in real form. This protection limited to creations in physical form but includes all creations in physical or non-physical forms such as online media. This research method uses a normative approach. The data collection technique used is the study of literature, namely research conducted by finding references to support this research material through various literature such as books, lecture materials, articles, journals, theses, laws and document results. The results of research conducted by a researcher are that legal protection on the internet is normatively well regulated by Law Number 28 of 2014 concerning Copyright, as well as legal sanctions imposed on violators of the provisions of reasonable limits in taking or quoting written works have not been regulated in the provisions of the Copyright Act.Keywords: Protection Law, Papers, Copyright, Internet
Akibat Hukum Peralihan Hak Atas Saham Berdasarkan Pembatalan Akta Hibah; Studi Kasus Putusan Peninjauan Kembali No 53/Pk/Tun/2014 Tanggal 12 Agustus 2014 Nadhira Amaliah
JOURNAL of LEGAL RESEARCH Vol 1, No 6 (2019)
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.v1i5.11409

Abstract

AbstractThis study raises legal issues regarding changes in the composition of limited liability company shareholders which are not in accordance with applicable laws and regulations. The background to the problem is the drafting of the Meeting's Decree regarding changes in the composition of shareholders based on the authority of the parties in acting. The parties based their authority on the Declaration of Decision which canceled the deed of share grant, in which this Decision was a reference to the deed making. Therefore problems arise regarding the validity of the transfer of rights to shares based on the cancellation of the grant and the legal consequences of the transfer of rights to shares based on the cancellation of the grant.Keywords: Changes in the Composition of Shareholders, Cancellation of Deed of Grant, Decision on Declaration
Kewajiban Mempekerjakan Penyandang Disabilitas Menurut Undang-Undang Nomor 8 Tahun 2016 Pada Perusahaan Swasta Ade Ansah Muhamad Fauzi; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019)
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.v1i5.13908

Abstract

AbstractPrivate companies have the responsibility to employ persons with disabilities, as stipulated in Article 53 of Law Number 8 of 2016 that private companies are required to employ 1% of workers with disabilities out of the total number of workers. This responsibility is not limited to only employing people with disabilities, but there are other obligations that must be done by the company, in order to provide decent and decent work for persons with disabilities. These obligations include providing job security, promoting promotions and providing accessibility to persons with disabilities.Keywords: Responsibility, Company, Persons with Disabilities 
Tanggung Jawab PT. Guntur Kharisma Perkasa Terhadap Pemutusan Hubungan Kerja; Studi Putusan Mahkamah Agung Nomor: 641K/Pdt.Sus-PHI/2018 Raines Indah Mutiara; Muhammad Ali Hanafiah Selian
JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019)
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.v1i1.12180

Abstract

Abstract:Termination of Employment is the termination of employment due to a certain reason that results in the termination of rights and obligations between workers or laborers and employers. This can happen to business entities that are incorporated or not incorporated. Including happens to entities owned by individuals, belonging to associations, or other legal entities, both private and state owned. This includes social enterprises and other businesses that have management and employ others by paying wages or other forms of compensation. This study aims to find out the form of corporate responsibility after terminating employment, and the suitability of the arguments in the Supreme Court Decision Number 641 K / Pdt.Sus-PHI / 2018. This study uses a type of normative juridical research and library research by conducting an assessment of applicable laws and regulations that support the results of a study. The results showed that the Supreme Court Decision Number 641 K / Pdt.Sus-PHI / 2018 is not much different and gives legal power over the First Level Decision Number 37 / Pdt.Sus-PHI / 2017 / PN Smr. In Decision Number 641 K / Pdt.Sus-PHI / 2018 the Panel of Judges in its consideration was fair enough in providing legal protection for workers who were terminated, in order to fulfill compensation for workers' rights that should have been accepted in accordance with Law Number 13 2003 About Employment.Keywords: Termination of Employment, Workers, Companies, Employment Relations
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 Nada Najiha; Ria Safitri; Fathudin Fathudin
JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020)
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.v2i1.15674

Abstract

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. 
Perlindungan Hukum dalam Sengketa Merek BMW vs BMW Body Man Wear; Studi Putusan Mahkamah Agung Nomor 29.PK/PDT.SUS-HKI/2016 Risris Bayanillah; Abu Tamrin
JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019)
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.v1i4.12185

Abstract

Abstract:The main problem in this study is the analysis of the protection of well-known brands, especially in the element of equality that basically applies to non-similar goods. In addition to analyzing the consideration of judges Number 29 PK / Pdt.Sus-HKI / 2016 which contains trademark disputes between BMW brands and BMW Body Man Wear. The research method uses a normative juridical approach. The results showed that the element of equality in principle applies to goods of different types because it is a principal element that exists in the legal order of the brand associated with the distinguishing power element that exists in a brand. The panel of judges in deciding this case considers SEMA Number 3 / BUA.6 / HS / SP / XII / 2015 which states that all cases of filing claims for cancellation of brands that have similarities in principle in non-similar goods, the lawsuit must be declared with amar 'is not acceptable 'because the Government Regulation mandated by Law Number 15 Year 2001 Concerning Trademarks has not yet been enacted.Keywords: Trademark Protection, Elemental Equality Principals, Decision Analysis 
Implikasi Doktrin Kepentingan Yang Sewajarnya Pada Media Streaming Online Youtube.com Panji Rystho Ramadhan; Umar Al-Haddad; Asrori S. Karni
JOURNAL of LEGAL RESEARCH Vol 1, No 3 (2019)
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.v1i3.13069

Abstract

Abstract. Copyright Law is a rule that enables the exclusivity of the creator to manipulate their invention for their own good. Fair use doctrine is enabling other people to use the content/art who belong to other people without their permission for studied, research and non-profit purposes. The object of the copyright law is written on the Law of Number 28 the year 2014 about Copyright. This research is using qualitative and Normative empiric approaches. The result of this research showed that Youtube unwritten gave permission to peoples used other creations as long it is for criticism, comment, play gaming, song cover as long it makes a new source of art and creation as long the real creator is okay with it.Keywords; Intellectual Property, Fair Use Doctrine, Youtube 
Tinjauan Yuridis Pasal Pemidanaan bagi Pelanggar Rahasia Dagang dalam Undang-Undang Nomor 30 Tahun 2000 Akram Sri Nerendro Tomo; Burhanudin Burhanudin
JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020)
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.v2i1.16168

Abstract

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. 
Mekanisme Penggunaan Tenaga Kerja Asing Di Indonesia Berdasarkan Peraturan Presiden Nomor 20 Tahun 2018 Tentang Penggunaan Tenaga Kerja Asing Karvin Fadila; Abdullah Sulaiman
JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019)
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.v1i1.13274

Abstract

Abstract.The background of this research is based on the existence of mechanisms that are often violated and there are several articles in this presidential regulation that cause legal uncertainty. Not only that, many of them do not meet the terms and conditions that have been regulated by legislation, so that many foreign workers do not meet expectations. This study examines the laws and regulations especially Presidential Regulation Number 20 Year 2018 and relates cases that often occur to strengthen this research. The approach used is normative by using primary legal materials consisting of Law Number 13 of 2003 concerning Labor, Presidential Regulation Number 20 of 2018 concerning Use of Foreign Workers. The results showed that the Republican foreign labor mechanism based on Presidential Regulation Number 20 Year 2018 on the Use of Foreign Workers whose articles violated the rules above and caused legal uncertainty, causing violations in carrying out the mandate of the law and the need for a review of the regulations this president so that there are no articles that conflict with the rules above.Keywords: Foreign Workers, Presidential Regulation 

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