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.
Articles
306 Documents
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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[Pembuktian Tidak Langsung Dalam Kasus Perjanjian Kartel Impor Bawang Putih; Analisis Putusan Ma No.1495 K/Pdt.Sus-Kppu/2017 ]]>
<![CDATA[Imam Santoso]]>;
<![CDATA[Muhammad Ali Hanafiah Selian]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[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.v1i4.13902
<![CDATA[AbstractThis study aims to analyze the application and strength of indirect evidence in the case of the agreement on the importation of garlic cartels conducted by the Supreme Court of the Republic of Indonesia in the decision Number 1945 K / Pdt.Sus-KPPU / 2017. The Supreme Court in its decision used indirect evidence. The research method uses a type of normative legal research with a normative juridical approach by reviewing the applicable legislation, doctrine or expert opinion, and the existing literature books. The results of this study explain that the application of the concept of indirect evidence is not appropriate, because indirect evidence is not explicitly mentioned explicitly in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.Keywords: Indirect Monopoly Evidence, Supreme Court ]]>
<![CDATA[Pengelolaan dan Pengawasan Dana Desa Babakan Dayeuh, Cileungsi, Bogor ]]>
<![CDATA[Latipah Nasution]]>;
<![CDATA[Ahmad Tholabi Kharlie]]>;
<![CDATA[Irfan Khairul Umam]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[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.v1i1.12824
<![CDATA[AbstractThis study aims to describe and analyze the management and utilization of village funds in Desa Dayeuh in terms of applicable laws and regulations. The aim is to find out what is the problem of ineffective village funds in Babakan Dayeuh Village. To achieve these objectives, researchers use legal research methods that are Normative and Empirical approaches. While the data collection techniques used in this study are field research and library research. Field research consists of observation, selection of information documents, and identification. Based on the results of this study indicate that the management and supervision of the Village Fund in Babakan Dayeuh Village has not been carried out according to applicable regulations, because village governments often ignore the rules that become a reference in managing Village funds such as; Regulation of the Minister of Disadvantaged Villages, Development and transmigration in the form of rules related to the Priority of Village Funds where the aim is that development in the village is directed according to the vision of the National Government.Keywords: Village Funds, Village Fund Management, Village Fund Supervision]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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[Studi Analisis Disparitas Putusan Mahkamah Agung Atas Pembatalan Merek Terkenal Untuk Barang Tidak Sejenis; Perbandingan Kasus Merek SKYWORTH dengan Merek BMW ]]>
<![CDATA[Widya Novita]]>;
<![CDATA[Soefyanto Soefyanto]]>;
<![CDATA[Andi Syafrani]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[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.v1i1.13275
<![CDATA[AbstractThis study aims to determine the disparity in the Supreme Court's decision on the cancellation of famous brands for non-similar goods in the SKYWORTH Brand case with the BMW Brand. The problems related to disparity in cancellation of trademark registration applied by the Supreme Court as outlined in the Supreme Court decision Number: 32 PK / Pdt.Sus-HKI / 2018 and the Supreme Court decision Number: 29 PK / Pdt.Sus-HKI / 2016 related to the protection of famous brands for non-identical types of goods, as well as about how the legal protection of famous brands for non-similar kind of goods This research method uses a normative juridical approach by analyzing decisions and relating to laws and regulations in the field of Trademark Law. The results of this study indicate that the factors considered by the Judges in deciding the cancellation of trademark registration that cause disparities are, the guidance of some judges in Article 6 Paragraph (2) of Law Number 15 Year 2001 Concerning Trademarks and partly guided by Article 16 Paragraph (3) TRIPs Agreement.Keywords: Disparity, cancellation of trademark registration, famous trademark, Non-identical goods, Supreme Court. ]]>
<![CDATA[Implementasi PMA Nomor 8 Tahun 2018 Oleh Penyelenggara Perjalanan Ibadah Umrah (Studi Kasus PPIU PT. Solusi Balad Lumampah) ]]>
<![CDATA[M Izzul Mutho]]>;
<![CDATA[Asep Syarifuddin Hidayat]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 3 (2019) ]]>
Publisher : <![CDATA[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.v1i3.12008
<![CDATA[AbstractThis study seeks to analyze the implementation of PMA Number 8 of 2018 which is a revised result of PMA Number 18 of 2015 by looking at legal cases that ensnare PPIU Lumadah Balad Solutions. PT. SBL in running its business provides low-cost Umrah, bonuses for agents, and provides an installment mechanism. According to the Financial Services Authority (OJK) they must subsidize Umrah promo pilgrims and cover the costs of pilgrims who have left. Here there is a miss management as conveyed by the Financial Services Authority (FSA), mainly related to the ponzi scheme that is run. There are many shortcomings in PMA Number 18 Year 2015 as a regulation that makes PT. SBL failed to dispatch the congregation. Among these are the reporting mechanism as in article 25 paragraph 2 which makes this regulation considered passive. Add to this the lack of oversight by the government and the cost standards not yet specified in this PMA. This then resulted in a revision effort by the Government by making additional regulations, namely PMA Number 8 of 2018. In it set reference fees for Umrah pilgrims, the maximum limit of departure and also the prohibition of PPIU to dispatch their pilgrims using bailout funds as in article 12.Keywords: PMA, PT. SBL, Implementation]]>
<![CDATA[Tinjauan Yuridis Terhadap Over Credit (Pengalihan Utang) Dalam Perjanjian Leasing Kendaraan Mobil di PT Toyota Astra Financial ]]>
<![CDATA[Imas Febrianto]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019) ]]>
Publisher : <![CDATA[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.v1i5.12184
<![CDATA[AbstractIn the overcredit agreement under the hand on the vehicle, the car caused a loss both from the leasing party and the parties who took the action. In fact, the leasing financing agreement prohibits the action stated in the clause.This study examines the legality of overcredit within the scope of Civil Law in Indonesia. Then the researcher explained the right stages in overcrediting car vehicles officially according to the SOP (Standard Operating Procedure) on leasing PT. Toyota Astra Financial. In addition, the research study examined the legal consequences of overcrediting under the hands of car vehicles in a philosophical, juridical, and sociological perspective.The results of the study show that due to the law of overcrediting under the hands of car vehicles in terms of philosophical contradiction with the Contracted Justice Theory proposed by John Rawls. The act of overcrediting under the juridical aspect can also have a negative impact by paying compensation to the leasing party in accordance with the Civil Code Article 1243, Article 1266, and Article 1267 due to default (broken promise). Then, overcredit under the hand can also end in court as in the case of Decision Number 10 / Pdt.G / 2017 / PN.Rkb.Keywords: Due to Law, Under Hands, Overcredit, Leasing Agreement]]>
<![CDATA[Penegakan Hukum Pemalsuan Data Pada E-Commerce Dalam Sistem Multi Level Marketing Perusahaan PT. Mulia Rejeki Waterindo ]]>
<![CDATA[Gladyswidya Wiratamia]]>;
<![CDATA[Umar Al Haddad]]>;
<![CDATA[Tresia Elda]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[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.v1i4.12181
<![CDATA[AbstractElectronic crime is an act that can be ensnared by the Information and Electronic Law. This study explains the extent to which the ITE Law provides legal protection for e-commerce users and presents a solution to meet the compensation for the victims of the crime of falsification of electronic data in the case of PT. NOBLE REJEKI WATERINDO. The approach used in this research is juridical normative through library research with qualitative research methods. The results of this study indicate that legal protection for e-commerce users under the ITE Law can be strengthened by making electronic contracts. For the fulfillment of victims' compensation in the case of PT. MULIA REJEKI WATERINDO can go through a civil suit or a request for restitution. This is because in the final decision of the case the application for compensation compensation was not submitted.Keywords: Law Enforcement, Crime, Data Counterfeiting, E-commerce, Multi Level Marketing]]>
<![CDATA[Penegakan Hukum Kelembagaan Ketenagakerjaan Terhadap Pengawasan Tenaga Kerja Asing Di Kota Tangerang Selatan ]]>
<![CDATA[Alvan Ridwan]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[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.v1i1.12005
<![CDATA[Abstract:This study aims to explain the Law Enforcement of Supervision of Foreign Workers by the Tangerang Regional Supervision Agency 2 Based on Law No. 13 of 2003 concerning Labor in the City of South Tangerang. This study uses qualitative research using an empirical normative research approach. This study conducted a review of the laws and regulations, books, and journals (library research) that are directly related to this research. The researcher also conducts direct field research by observing and interviewing relevant parties, namely the Tangerang Regional Supervision Region 2. The results of the study indicate that there are still foreign workers who violate the applicable provisions stipulated in Article 42 to Article 49 concerning the Use of Foreign Workers Act Number 13 of 2003 concerning Manpower and the insufficient number of supervisors of the Tangerang 2 Regional Supervision Agency to supervise companies in the City of South Tangerang to carry out supervision in accordance with Law Number 13 of 2003 concerning Manpower.Keywords: Law Enforcement, Supervision, Foreign Workers]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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]]>
