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Audito Comparative Law Journal (ACLJ)
Published by Universitas Muhammadiyah Malang
ISSN : 27231968     EISSN : 27232476     DOI : https://doi.org/10.22219/aclj.v3i1.19873
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum in publishing works that promote up-to-date legal scholarships in the South East Asia countries, specializing in comparative law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 4 No. 2 (2023): May 2023" : 6 Documents clear
Legal Issues Behind Village Autonomy and Village Head Role in Village Governments Anggun Rahmawati; Arief Budiono; Syaifuddin Zuhdi; Nuria Siswi Enggarani
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.23281

Abstract

The village government is currently given lots of new authority and funding from both the central and regional governments. Such things aim to increase the progress of development and prosperity of village communities. Unfortunately, this does not necessarily make the village governments run according to existing laws. Worse, they do not necessarily make progress. Concerning the prosperity of villagers, since the enactment of Law Number 22 of 1999, major changes have happened to villages. They are no longer areas that are directly supervised by the regional government or merely administrative areas. But the village has transformed into an independent and separate autonomous force with the peculiarities of self-government. This paper uses the normative juridical research method. Results show that the lengthy tenure of village heads impacts the democratization process in the regions. It will result in the stagnation of development progress in the villages. These conditions certainly resulted in negative speculations about the consequences arising from violations of justice to the possibility of many legal violations due to the long Village Head office term
Offense of Contempt Against Government in Law Number 1 of 2023 Concerning Criminal Law Code From Constitutionalism Perspective Muhammad Ihsan Firdaus
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.24812

Abstract

The reform of criminal law in Indonesia has gone through a long process so it came to the enactment and promulgation of Act number 1 of 2023 concerning the Criminal Law Code which revokes the colonial heritage Criminal Law Code. However, as a newly legal product, of course, there are legal issues in it, which is related to the offence of contempt against the government which includes executive, legislative and judicial powers. Specifically for contempt against the President and Vice President, a judicial review has been submitted to the Constitutional Court and ruled unconstitutional, but it has been re-enacted in the Criminal Law Code. So, based on this premise, this research analyzes how the offence of contempt against the government is in Act number 1 of 2023 concerning the Criminal Law Code and whether the offence of contempt against the government is contrary to the principles of constitutionalism. This study uses legal research methods. So, the results of this research are first, that the offence of contempt against the government is contained in Articles 218-220 concerning attacks on honour or dignity and humiliation of the government and or state institutions which are regulated in Articles 240 and 241. Second, these offences are contrary to the principle of constitutionalism which states that power must be limited so that the recognition, respect, and protection of human rights can be properly manifested. So that the state should not regulate the offence, moreover the offence related to contempt of the President and Vice President has been adjudication unconstitutional by the Constitutional Court.
The Power of Legal Certainty in the Trademark Exhaustion Principle Governing Parallel Imports Alif Muhammad Gultom; Dodik Setiawan Nur Heriyanto
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.25232

Abstract

The exhaustion doctrine in intellectual property law refers to the limitation imposed on the rights of owners to enforce their intellectual property rights after a particular point of sale. It creates a framework for determining the legality of parallel imports and helps to balance the interests of intellectual property owners and consumers. This paper presents a comparative study on the trademark exhaustion principle and parallel import between the European Union (EU) and Indonesia. The study investigates the legal framework and the practical application of these concepts in both jurisdictions. This study uses a normative research method and a legal comparative approach to analyze and describe the legal frameworks of different jurisdictions. The research findings indicate that the EU has a well-defined threshold for the exhaustion of trademark rights, which is aligned with the regional exhaustion principle. In contrast, the Indonesian legal system lacks clarity on this principle, which creates confusion and uncertainty for trademark owners and parallel importers. Last, this research also provides insights for policymakers, practitioners, and academics who are interested in the current exhaustion principle and parallel import development.
Understanding Beschikking, Regeling and Beleidsregel in Indonesian Legal System Sholahuddin Al-Fatih; Mujibur Rahman Khairul Muluk
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.25417

Abstract

This article examines beschikking, regeling, and beleidseregel in the Indonesian legal system. This article aims to understand beschikking, regeling, and beleidseregel in the context of its content's type, form, and material. Using a conceptual approach method, this article will likely provide an understanding for academics and practitioners in the field of legislation. The results of this study show that beschikking in Indonesia appears in the form of KTUN. In contrast, regeling appears in the form of laws and regulations, while beleidseregel manifests in circulars and instructions. Measuring the marketability, binding, and usability of a beschikking, regeling, and beleidseregel uses a typology approach to the division of power.
Guarantee of Information and Communication Technology Application Security in Indonesia: Regulations and Challenges? Nurfaika Ishak
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.26098

Abstract

In this era of rapid development of science, knowledge, and technology, society faces a challenge related to the use of information and communication technology that can be misused by irresponsible parties and can cause harm and loss to others in the form of threats to security stability in cyberspace. This study aims to find out how to guarantee the security protection of information and communication technology applications for Indonesian citizens from the perspective of laws and regulations perspective, then how challenges and opportunities can be addressed to overcome the gaps that occur. This research is normative research with a statutory approach. The data collection technique used in this study is a literature study technique collected by reviewing scientific works, journals, laws and regulations, and other related materials related to information and communication technology, and crimes in cyberspace. The results show that the Indonesian government has issued a law on information and electronic transactions. Furthermore, several work teams were also formed under state agencies/institutions that focused on responding to information security issues such as teams under the auspices of the Ministry of Communication and Information; there were also other teams from Indonesian National Police Agency. The challenges faced are related to law enforcement on the regulations that have been set, namely how the substance of the contents in these regulations can accommodate the protection/guarantee of the security of personal information in Indonesia. In addition, this is also influenced by the apparatus's actions and the community's response.
Comparative Study of State Jurisdiction: The Protection Towards Geographical Indication at Indonesia, the EU and US Rianda Dirkareshza; Anni Alvionita Simanjuntak
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.26434

Abstract

Geographical Indication (GI) is one of the Intellectual Property Rights features. In this instance, one component that needs to be highlighted is its registration. Unfortunately, there are several infringements of Indonesian GI exist, such as Indonesian product registration being claimed by foreigners or outsiders. This article examines the legal protection of Geographical Indications based on Indonesian Legal Instruments and the law of outsiders parties and the international’s rule in Geographical Indication dispute settlement among countries. This article uses normative juridical research methods with a descriptive-analytical approach using national and international laws and relevant regulations to its issues. The findings revealed that protecting Geographical Indications in the International domain often causes polemics due to the need for firmness regarding the International Agreements’ substance. The arrangement of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) merely requires legal provisions for each country in protecting Geographical Indications. Consequently, each country has fundamental different legal for protecting GI, and the legal uncertainty in International Agreement raises new issues.

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