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INDONESIA
Jurnal Independent
Published by Universitas Islam Lamongan
ISSN : 27752011     EISSN : 27751090     DOI : https://doi.org/10.30736/ji.v13i2
Core Subject : Humanities, Education, Social,
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
The Jurnal Independet is a peer-reviewed academic journal focusing on the development of legal studies and practices in national and international contexts. It publishes scholarly articles, research findings, case studies, and critical analyses covering various fields of law, including constitutional law, criminal law, civil law, administrative law, international law, human rights, and legal philosophy. This journal seeks to provide a platform for academics, legal practitioners, policymakers, and students to exchange ideas, foster dialogue, and contribute to the advancement of legal knowledge. With an interdisciplinary approach, the journal emphasizes both theoretical perspectives and practical implications in addressing contemporary legal challenges. The journal is published [periodically—e.g., twice a year/quarterly] and welcomes submissions in English and Bahasa Indonesia, ensuring accessibility to a wide range of readers. Its mission is to strengthen legal scholarship and support the development of just and sustainable legal systems.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 212 Documents
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Trademark Registration Law as an Effort to face the Growth of the Digital Economy Kurniati, Grasia
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.174

Abstract

The progress of today's digital economy can be put to the best use for the creation of a work that produces the greatest economic benefits for the creator. The new work created by one's creativity must be legally protected through Copyright protection. The research method used in this study is normative juridical legal research, namely legal materials, besides that primary legal materials are also used as support for secondary legal materials and for the analysis of legal materials carried out with qualitative juridical analysis methods. The results of the research and discussion reached several conclusions, namely First, the legal concept of Brands has been known since the Dutch East Indies era, first known as a brand in Law Number 21 of 1961 concerning Trademarks and Business Marks, then experienced various dynamics until finally the current trademark regulation is Law Number 20 of 2016 concerning Brands and Geographical Indications. Secondly, Indonesia adheres to a Trademark registration system with a constitutive system, registration is a must in order to obtain Trademark rights, in the absence of state registration will not give rights to the Mark to the owner of the Mark and the First-to-file system means that the registration of a mark will only be given to the party who first submits a registration request for a mark. Third, a mark will only receive legal protection if it has been registered with the Directorate of Trademarks. In Indonesia, in carrying out and providing legal protection there are two means of legal protection, namely Preventive and Rerpressive Legal Protection Facilities.
CRIMINAL LIABILITY FOR PERSONS OF CRIMINAL ACTION OF HAND PHONE PROCEEDINGS FROM A CRIME BASED ON DECISION NUMBER 1870/Pid.B/2022/PN SURABAYA kambali, lukas; Pramesti, Wahyu
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.187

Abstract

The crime of extortion or the crime of facilitating this is a crime that is closely related to the crime of destroying other people’s assets. The crime of extortion or the crime of facilitating this is regulated in the title XXX, Book II in Article 480 of the Criminal Code (KUHP). Withholding as described in the article can be said to be an act of “conspiracy”. The act of receiving objects obtained because of a crime is not seen as a crime that stands alone or as a zelfstandig misdrijft, but as an act of helping to commit a crime or as a medeplichtigheid in a crime, that is, by which act the perpetrator can obtain the objects obtained. from crime The main issues that will be discussed in writing this thesis are how criminal responsibility is for the perpetrators of criminal acts of receiving cellphones as the result of a crime based on Decision Number 1870/Pid.B/2022/PN Surabaya and what are the legal considerations of judges in deciding the perpetrators of criminal acts of collecting cellphones proceeds from a crime based on Decision Number 1870/Pid.B/2022/PN Surabaya.Based on this normative juridical research approach is used Using the case approach (Case Approach) aims to study the application of legal norms or rules carried out in legal practice. Especially regarding cases that have been decided as can be seen in the jurisprudence of cases that are the focus of research. The case approach (Case Approach) is used by practitioners in conducting research by identifying court decisions that have qualified jurisprudence to be used in concrete cases. Furthermore, the statutory approach (Statute Approach), this approach is carried out by examining all laws and regulations that are related to the problems (legal issues) that are being faced.In the crime of collection, the perpetrator already knows or should suspect that the item or object is the result of a crime. Meanwhile, the motive of the intermediary acts almost always to enrich oneself in one way or another that cannot be allowed, so to take advantage of other people's crimes. The intermediary is always related to goods "obtained from crime  
Limitative Changes in Indictment Letter After Constitutional Court Decision Number 28/PUU-XX/2022 as a From of Legal Certainty Guarantee Rahayu, Mutia Dwi; Marpaung, Devi Siti Hamzah
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.172

Abstract

In the preparation of the indictment, accuracy and are needed. This is because the indictment is used as the basis for the judge in determining the limits of the examination at trial. Indictments that are not qualified for formal and material will have the status of being voidable and charges that are null and void. This study aims to describe and clearly know what makes the reasons for the cancellation of the indictment letter and the legal certainty of the indictment letter after the Constitutional Court ruling. Normative juridical methods and library research techniques with the introduction of laws and regulations and conceptuals are the choices of researchers in this study. The results showed that non-fulfillment of the formal conditions, namely the conditions relating to the identity of the defendant, resulted in the charges being dropped being dropped. Meanwhile, the material requirements are related to a careful, clear, and complete description of the criminal act charged, which in fulfillment of the material conditions is not met, the charges filed can be null and void. Article 144 of the Criminal Code provides for the provision of changing the letter of indictment once without any limitative arrangement for changing the substance of the indictment. After the 2022 Constitutional Court Decision, the Public Prosecutor has limitations in changing the substance of the indictment as a form of certainty and legal justice as Amar Decision Number 28 / PUU-XX / 2022.
CRIMINAL ACTS OF ABUSE OF TRANSPORTATION APPLICATIONS ONLINE IN SURABAYA Septian, Gery Kiven Agung
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.202

Abstract

Online transportation is a development in the world of transportation and communication which is inseparable from the development of science and technology which is increasingly advanced and very sophisticated. This study aims to find out the forms of abuse of online transportation applications, to find out the efforts of the police in preventing criminal acts of violating online transportation applications and to find out the penalties for online transportation drivers in the crime of theft of online transportation applications, and to find out the factors inhibiting the police in prevent criminal acts of theft of online transportation applications. Based on the results of the research it is known that the provisions regarding criminal acts of electronic fines are specifically regulated in Article 30 paragraph (3) of Law Number 19 of 2016 concerning Information and Electronic Transactions (UU ITE). The criminal threat of this article is stated in Article 46 paragraph (3) of the ITE Law, which is imprisonment for a maximum of 8 (eight) years.
IMPLEMENTATION OF CRIMINAL SANCTIONS FOR THE CRIMINAL ACTION OF FRAUD AGAINST CONSUMERS RELATED TO THE SALE SYSTEM BASED ON LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION Kholim, Nur; Lestari, Helsi Febri
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.190

Abstract

This research was conducted to find out the criminal sanctions for the crime of selling sales and to find out the responsibilities of business actors and the efforts of consumers who are harmed by sale and purchase transactions that are deceptive and misleading in terms of Law no. 8 of 1999. which is associated with the Bandung District Court Decision Number 930/Pid.Sus/2021/PN.Bdg. This study uses a normative juridical research method, namely the legal research method of literature which is carried out by examining library materials or secondary materials. The results of the study show that the application of law and criminal sanctions is in accordance with the provisions of Article 62 paragraph (2) in conjunction with Article 11 letter b of Law no. 8 of 1999 concerning Consumer Protection by imposing criminal sanctions on the defendant in the form of imprisonment for 8 (eight) months. Sentence is carried out as a preventive and repressive effort that is educative, constructive and motivational so that the defendant does not commit the act again in the future. Meanwhile, the responsibility of business actors in fraud cases can be in the form of liability for criminal sanctions in the form of imprisonment or fines and can also be in the form of civil matters such as replacement of compensation.
THE EXISTENCE AND EFFECTIVENESS OF THE LAW ON THE APPLICABILITY OF THE CONSTITUTIONAL RIGHTS OF CITIZENS-NATURALIZATION IN ELECTIONS IN INDONESIA Rifandhana, Raditya Feda; Budiono, Indro; Ningtias, Ayu Dian; Nurita, Riski Febria; Wahyono, Bambang Angkoso
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.199

Abstract

AbstractIndonesia is a country based on the Constitution of the Unitary State of the Republic ofIndonesia of 1945, so that the basis of the country, has a basis on which it regulateshuman rights, human rights are not only the rights of Indonesian citizens, but the rightsof foreign citizens through naturalization, both citizen statuses have the same rights inelections, and in this writing using juridical research, So that the research is based onlaws and regulations, as well as a research approach with legal theory.
LEGAL PROTECTION OF WITNESSES TO OBTAIN ADVOCATE ASSISTANCE IN THE INVESTIGATION PROCESS nggau, yonasius
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.194

Abstract

The development of the times has made the dynamics of law in Indonesia follow suit, so that legal products are truly useful, provide certainty and justice. This makes regulations outside the Criminal Procedure Code and regulations from the Chief of Police appear to respond to all changes in legal dynamics that develop in society. As is the case with regard to legal protection for witnesses to obtain advocate assistance during the investigation process. This research was conducted using a normative juridical approach with the aim of getting an overview and explanation of whether a witness must be accompanied by an advocate at the Investigation stage as well as legal protection for witnesses at the investigative stage in criminal proceedings. The Investigative Process, the aim is none other than to protect the rights of witnesses. So that it is necessary to make changes to the criminal procedural code that are more modern according to the times and provide a sense of justice for society and protection of human rights. Keywords: Advocates, Legal Assistance, Witnesses, Investigations. 
Legal Aspects of the Concept of a Brand with a Domain Name of Intellectual Property Nurpalah, Nurpalah; Senjaya, Oci
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.173

Abstract

This is a problem in itself considering that domain names, which technically function as online identifiers used to make it easier to find certain locations in cyberspace, are often associated with brands that are actually business identifiers in the real world. The purpose of this study is to determine the linkage, protection, and settlement for brand owners whose brands are registered as domain names by other parties in the context of Indonesian law. The method used in this research is a normative legal research method with a statutory, case, and concept approach. However, the result of this research is that brands and domain names have a common function as a "differentiator" of a product or business, especially in cyberspace, there are significant differences from the legal constructions that govern them. Domain names are only protected by law if they are registered with the Directorate General of Intellectual Property Rights (Ditjen HKI) as a trademark in accordance with Law No. 15 of 2001 concerning Trademarks, besides that the form of legal protection is also contained in the Law on ITE. Meanwhile, dispute resolution of domain names of well-known brands on the internet can be done through the Indonesian Internet Domain Name Manager (PANDI), as well as the implementation of dispute resolution in the Arbitration and Dispute Resolution Law, the Electronic Information and Transaction Law, as well as the Trademark Law, and other international rules that contain domain names.
CRIMINAL ACTS OF CORRUPTION (BRIBE) BY PRIVATE HOSPITAL AGAINST A MIDWIFE IN REWARD FOR SERVICES FOR PATIENT REFERRAL sutrisno, achmad; Soekorini, Noenik
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.185

Abstract

The term bribe in corruption cases is a bribe or money given to another party to facilitate certain goals. People in Indonesia refer to bribes as facilitation payments. Cases of bribery have been going on for a long time in Indonesia. Bribes are usually given to officials in the government bureaucracy who have important roles, law enforcers, as well as customs and tax officials. Ironically, cases of bribery are still considered common in Indonesia.The results of a survey at the "MM" Hospital  in November 2022 showed that midwives get a caesarean patient referral fee with BPJS of Rp. II in the amount of Rp. 600,000, - ; Class I Rp.700.000,-; VIP class Rp.800.000,-. Whereas there was an incident at the hospital where the patient could not pay off the payment, the patient was advised to be referred to the hospital by the midwife, and it was known that the midwife received a fee from the hospital.From the interview, there was a criminal act of bribery between the midwife and the hospital, which is referred to as bribery according to RI Law Number 11 of 1980 concerning the crime of bribery, article 1 which reads "Whoever receives or gets something from someone with the intention of persuading that person to do something or not. doing something in their duties, contrary to their authority or obligation which concerns the public interest, shall be punished for giving bribes with imprisonment for a maximum of 5 (five) years and a maximum fine of Rp. 15,000,000.- (fifteen million rupiahs).Legal responsibility for midwives and doctors, namely in the form of administrative sanctions based on Minister of Health Regulation No.58 of 2016 concerning sponsorship for health workers in the form of verbal warnings, revocation of licenses and also criminal sanctions based on the Corruption Crime Act, namely fines and imprisonment  Keywords: Bribery, midwife referral
STATE RESPONSIBILITY IN LEGAL PROTECTION OF LABOR THROUGH CORPORATE APPROACH Charda, Ujang
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.192

Abstract

The purpose of this research is to find out the basic concept of labor protection in theIndonesian legal state and to analyze the application of the legal protection model forworkers through a corporatist approach. The research method used is analyticaldescriptive with a normative juridical approach through the library and field researchstages with data collection techniques through literature study. Then the data wereanalyzed through qualitative normative methods without using numbers andmathematical formulas. Based on the results of the study, it is shown that the type ofIndonesian labor law in legal protection of workers is a corporate model of labor lawthrough legislation in the form of legislation as an instrument of government policy.

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