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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 312 Documents
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Analisis Yuridis Terhadap Penyelesaian Sengketa Merek Gudang Garam Dan Gudang Baru (Studi Kasus Putusan Nomor 104 PK/Pid.Sus/2015) Muhamad Ikbal Hajizi; Mohammad Ali Wafa; Muhammad Yasir
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.v1i2.12007

Abstract

Abstract:Provisions regarding the resolution of trademark disputes in CHAPTER XV of Law Number 20 Year 2016 concerning Trademarks and Geographical Indications state that the procedure for resolving trademark disputes can be carried out in civil cases through the Commercial Court within the scope of General Courts/District Courts, Crimes through District Courts, Arbitration through Arbitration Institutions, and Other alternative dispute resolution in accordance with the agreement of the parties to the dispute. The existence of provisions regarding civil and criminal settlement in trademark problems sometimes causes polemic, because in the legal world the boundary between criminal law and civil law is very thin. Therefore, it is not uncommon in trademark disputes that should be resolved by civil law instead ends with criminal sanctions. The purpose of this study is to find out the procedure for resolving trademark disputes if resolved in a Civil and criminal manner, as well as the causes of Dissenting Opinion of the Supreme Court judges in examining the Review of the New Gudang brand in decision No. 104 PK/ Pid.Sus / 2015.Keywords: Brand Dispute Resolution, Dissenting Opinion
Sanksi Atas Kelalaian Penyampaian Laporan Keuangan Bagi Perusahaan Publik Dalam Perdagangan Saham Di Bursa Efek Indonesia dan Akibat Hukum Terhadap Pengelolaan Perusahaan; Studi Kasus Suspensi Saham PT Tiga Pilar Sejahtera Food Tbk Sari Fitria Ningrum; Ahmad Chaerul Hadi
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.v1i5.13911

Abstract

Abstract.Failure to submit financial statements is a form of violation in the capital market. This research is a case study of PT Tiga Pilar Sejahtera Food Tbk's stock suspension which refers to the Indonesian Company Law and the Indonesian Company Law. The approach used in this study is a normative approach through library research with qualitative research methods. The results of this study are the forms of violations committed by PT Tiga Pilar Sejahtera Food Tbk in the form of negligence in submitting financial statements in 2017-2018. The legal consequence of negligence in submitting financial statements is the sanction imposed by the Indonesia Stock Exchange on companies in the form of fines and suspension of shares of PT Tiga Pilar Sejahtera Food Tbk (AISA). In addition, shareholders exercise their right to dismiss directors.Keywords: Information Openness, Good Corporate Governance, Fiduciary Duty, Stock Suspension Sanctions.
Pengedaran Farmasi Ilegal Golongan Kosmetika Dalam Perspektif Hukum Perlindungan Konsumen; Studi Putusan Pengadilan Negeri Martapura No. 361/pid.sus/2017/pn.mtp Inayatul Mukaromah; Mustolih Sidradj
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.v1i4.13905

Abstract

AbstractThe problem of this research is the presence of business actors who sell pharmaceuticals in the form of cosmetics which are unfit for circulation for almost two years. But in its consideration, the Panel of Judges disagreed with the actions taken by BPOM in practice that were deemed not in accordance with the duties and functions as they should, so the Judge considered that this matter was detrimental to the defendant. This research method uses qualitative research by using a normative-empirical research approach. The study also uses a law in books approach and an empirical approach. The results showed that in the perspective of the UUPK, the defendant violated Article 4, 7 and 8 of Law Number 8 of 1999 concerning Consumer Protection. BPOM's actions towards the defendant in the Martapura District Court's decision No. 361 / Pid.Sus / 2017 / PN.Mtp are in accordance with the main duties and functions stipulated in Article 4 of Presidential Regulation Number 80 Year 2017 concerning BPOM RI.Keywords: Distribution, Pharmacy, Illegal Cosmetics, Consumer Protection, Legal Certainty, BPOM RI 
Eksistensi dan Kewenangan Kementerian Pemberdayaan Perempuan dan Perlindungan Anak Menurut Perpres Nomor 59 Tahun 2015 Tentang KPPPA Dalam Urgensi Pemberdayaan Perempuan dan Perlindungan Anak di Indonesia Quthub Al Faruqi; Zaitunah Subhan; Abdul Qodir
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.v1i1.12010

Abstract

AbstractThis study aims to explain the existence and authority as well as the effectiveness of the performance of the ministry of women empowerment and child protection and its urgency in empowering women and child protection in Indonesia. Researchers use normative research methods with a juridical approach. The results of this study indicate that Presidential Regulation No. 59 of 2015 Concerning the Ministry of Women's Empowerment and Child Protection is indicated to have minimal authority, thus causing ineffective tasks and functions of the Ministry of Women's Empowerment and Child Protection. As a result, many problems cannot be solved. In addition, the Ministry does not have a vertical or representative body in the region which causes the Ministry of Women's Empowerment and Child Protection to have difficulty in resolving technical issues related to women's empowerment and child protection on a national scale. Another problem, the lack of a budget that impacts the integration of central and regional commitments to solve various problems of women and children in Indonesia.Keywords: Women's Empowerment, Child Protection, KPPPA 
Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto) Gagah Yaumiyya Riyoprakoso; AM Hasan Ali; Fitriyani Zein
JOURNAL of LEGAL RESEARCH Vol 2, No 5 (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.v2i5.14581

Abstract

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.
Penggunaan Alat Bukti Tidak Langsung Oleh Komisi Pengawas Persaingan Usaha Dalam Perkara Kartel Di Indonesia; Studi Putusan Nomor 294k/pdt.sus/2012 dan 163/pdt.g/kppu/2017 Dwi Anggorowati; Indra Rahmatullah
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.v1i3.13875

Abstract

AbstractThe use of Indirect Evidence in Business Competition Law, especially in handling cases becomes a problem in its own right for the judiciary, both for the KPPU institution, as well as the District Court and the Supreme Court as the highest institution in the judiciary, because there are pros and there are also contra to the use of Indirect evidence. This study uses a normative legal research method using the law approach and case approach. The legislative approach refers to Law Number 5 of 1999 and its implementing regulations, namely the Regulation of the Business Competition Supervisory Commission Number 4 of 2010 concerning Cartels, while for the case approach based on the Decisions of the Business Competition Supervisory Commission, District Courts and Supreme Court with the aim of exploring and understand the meaning of different truths in cases that have been decided by the Supreme Court against the Decision of the Business Competition Supervisory Commission which has permanent legal force. The results of this study reveal that the power of proof using Indirect Evidence still reaps the pros and cons, where in the use of Indirect Evidence in each case the strength of the evidence is different.Keywords:Indirect evidence, Cartel, KPPU, Supreme Court 
Kekuatan Hukum Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 32 Tahun 2017 Tentang Tata Cara Penyelesaian Sengketa Peraturan Perundang-Undangan Melalui Jalur Nonlitigasi Amalia Hasnah; Abdul Qodir; Mufidah Mufidah
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.v1i3.13076

Abstract

AbstractThe Ministry of Law and Human Rights issued a legal product namely Ministerial Regulation Number 32 Year 2017 Concerning Procedure for Dispute Resolution of Legislation through Non-litigation. Whereas in the Ministerial Regulation gives new authority to the Ministry of Law and Human Rights to resolve conflicting laws and regulations disputes. This study uses a type of normative research that is by studying the literature, legislation, books, official documents, and writings of scholars relating to this research. In this study, the method of data collection is done by the study of literature. Data that has been collected and analyzed using descriptive-qualitative methods. The approach used in this research is the statutory approach and conceptual approach. The results of the study can be concluded that in the hierarchy of statutory regulations in Indonesia the status of the Ministerial Regulation is recognized as other regulations in Article 8 Paragraph (1) of Law Number 12 of 2011 concerning Formation of Laws and Regulations of the Minister of Law and Human Rights Number 32 of 2017 has a binding legal force because it is made by an authorized institution/official namely the Minister of Law and Human Rights. And with the issuance of these Regulations become a new alternative for the community to resolve conflicting norms and conflicting regulations outside the court more easily and quickly.Keywords: Legal Strength, Ministerial Regulation, Non-litigation.
Perilaku Kekerasaan Dalam Rumah Tangga Sebagai Pelanggaran Hak Asasi Manusia Ahmad Mukri Aji
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.v1i6.14418

Abstract

Abstract:Domestic violence is a behavior that can be categorized as a violation of human rights. Because this behavior results in disruption of the social dimension of humanity, due to actions that do not humanize humans in general. Even in the context of domestic violence, the perpetrators who are supposed to protect even commit acts of violence, mistreatment, intimidation and even the loss of the victim's life. The research method uses the normative juridical method, using secondary data obtained through literature study and analyzed qualitatively. The results and discussion of this study are that there are aspects of human rights violations that occur in domestic violence behavior. So the government is obliged to take action in the form of legal protection for victims by ensnaring the perpetrators with laws and regulations. Both the Criminal Code and the Law on the Elimination of Domestic Violence.Keywords: Domestic Violence Behavior, Human Rights, Violence.
Studi Perbandingan Kewenangan Kejaksaan Republik Indonesia Dengan Kejaksaan Malaysia Dalam Penanganan Perkara Tindak Pidana Korupsi Nada Ulya Qinvi; Alfitra Alfitra
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.v1i5.12188

Abstract

AbstractThis study aims to explain the role of the Attorney General of the Republic of Indonesia and the Malaysian Attorney in corruption, as well as the similarities and differences between the authority of the Attorney General of the Republic of Indonesia and the Attorney General of Malaysia in handling corruption cases. This research uses qualitative research. In this study the method of data collection is done by the study of literature. Data that has been collected and analyzed using descriptive-qualitative methods. The approach used in this research is the statutory approach and conceptual approach. The results of this study indicate that the similarity between the authority of the Republic of Indonesia Prosecutor's Office with the Malaysian Prosecutor's Office is the role of the Prosecutor as the Public Prosecutor, while the distinguishing authority of the Prosecutor's Office of the Republic of Indonesia and the Prosecutor's Office is Malaysian authority in the field of prosecution.Keywords: Comparison, Authority, Prosecutor, Corruption
Kekuatan Eksekutorial Dalam Pelaksanaan Eksekusi Putusan Badan Arbitrase Nasional Indonesia; Studi Kasus Putusan Badan Arbitrase Nasional Indonesia Jakarta No.801/II/ARB-BANI/2016 Dara Fitryalita; Asep Syarifuddin Hidayat; Mufidah Mufidah
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.v1i1.12006

Abstract

Abstract:The presence of the Indonesian National Arbitration Board (BANI) provides new hope in effective and efficient dispute resolution efforts. Nevertheless, BANI has obstacles when carrying out the execution of the decision. This study uses normative juridical methods and literature studies. The results showed that the BANI decision No. 801 / II / ARB-BANI / 2016 had the power of execution because the BANI had registered an authentic copy of the arbitration award at the Registrar of the South Jakarta District Court, so that the decision could be carried out with court assistance or voluntarily by the respondent. However, the implementation encountered an obstacle namely the removal of the object of achievement because of public policy. Other potential obstacles include the applicant's execution and execution refusing because it is not in accordance with the ruling, other than because the ruling decision is considered unclear, the execution of movable property, the existence of resistance, and payment assets are difficult to find.Keywords: Executorial Strength, Arbitration, Decision of the Indonesian National Arbitration Board

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