Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,
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697 Documents
<![CDATA[AKIBAT HUKUM TERHADAP PELAKU USAHA YANG MELAKUKAN PELANGGARAN HAK ATAS MEREK ]]>
<![CDATA[Desy Salsa Biela]]>;
<![CDATA[Abraham Ferry Rosando]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i1.157
<![CDATA[Brand is an important thing that is owned by business actors and is often said to be an asset of a business. For this reason, one of the intellectual property rights that the state is required to protect is the mark. Law No. 8 of 1999 Concerning Consumer Protection and Law No. 20 of 2016 Concerning Marks and Geographical Indications control brand rules in Indonesia. However, even though it has been protected, various trademark protections still occur and are mostly carried out by business actors. This study aims to investigate the legal consequences and accountability of business actors who abuse trademark rights. This study uses normative research methods and qualitative research approaches. The study's findings demonstrate that business actors who violate trademark rights may face civil or criminal liability from the original brand owner. The responsibility of business actors who violate trademark rights is regulated in the Trademark Law where the perpetrators can be subject to prison sanctions or witness compensation]]>
<![CDATA[KEWENANGAN MENTERI.KEUANGAN DALAM.MENGAJUKAN PERMOHONAN PAILIT BUMN ]]>
<![CDATA[Rahma Widya Swastiningsih]]>;
<![CDATA[Endang Prasetyawati]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i1.158
<![CDATA[State Owned Enterprises (SOE) are the state’s mediator that is expected to be able to achieve their initial goals as agents of development. However, such goals are often difficult to achieve because they are too costly. SOE’s performance is considered inadequate. It only delivers an insignificant impact which could lead to bankruptcy. This study examines how SOE bankruptcy arrangements are executed and what the authority of the minister of finance in submitting bankruptcy applications are. This study1uses a normative juridical method with a conceptual statutory approach to approach SOE bankruptcy arrangements in Law Number 37 of 2004 Article 21paragraph (5). The object in this study is Merpati Nusantara Airlines Ltd. The study found that only the finance minister is entitled to file a bankruptcy action for an SOE engaged in the public interest based on the elucidation of Article 2 paragraph (5) of Law Number 37 of 2004 regarding the authority to file a bankruptcy. In Law.Number 19.of 2003 concerning State-Owned Enterprises, in contrast to state-owned enterprises, whose capital is divided into shares, a public company is defined as a company whose capital is wholly owned by the state and is not divided into shares. All or at least 51%.are owned.by the state. Tge Supreme Court Decision Number: 447 K/pdt.sus-pailit/2016 rejected Sudiyarto and Jafar Tambunan's appeal. The judge's considerations rejected the appeal because the applicant was not entitled to file for bankruptcy. According to the judge, only the finance.minister can apply for bankruptcy]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA PIHAK KREDITUR YANG MEMPEKERJAKAN DEBTCOLLECTOR DALAM PENYELESAIAN KREDIT MACET ]]>
<![CDATA[Marcellina Denisanjaya]]>;
<![CDATA[Yovita Arie Mangesti]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i1.159
<![CDATA[In this study, it will examine the criminal liability of creditors who employ debtcollectors in collecting bad debts. Card-Based Payment Instruments (APMK) regulated in PBI (Bank Indonesia Regulation) Number 14 of 2012, one example of a payment instrument that is often used by the public is the use of Credit Cards. With this payment instrument, it can pose several risks for the community, a problem that often occurs is delays or overdue in paying credit card bills. Until it finally causes credit bottlenecks in payments and also the nominal collection that is increasing due to late fees. The existence of credit congestion can cause other problems for the creditor and the debtor. In general, in the event of a bad debt, the creditor will use the services of a Debtcollector as a third party to collect debts. Debtcollector as a third party charged by the creditor (bank) in collecting debts to the debtor, but the power of attorney that has been given makes the debtcollector do various ways of collecting. There are some debt collection individuals who commit arbitrary acts or unlawful acts in collection. In this study, it uses normative juridical research methods with a statutory approach and a conceptual approach. The results of this study show that the form of criminal liability of creditors who employ debtcollectors can be in the form of imprisonment and/or fines of a certain amount of money for compensation to the aggrieved party. It has not been clearly regulated in the laws and regulations regarding the form of criminal liability of creditors in hiring debtcollectors who commit unlawful acts at the time of debt collection.]]>
<![CDATA[LANDASAN PERUMUSAN LOCUS DELICTI DALAM SURAT DAKWAAN PADA KEJAHATAN SIBER ]]>
<![CDATA[Rio Dirgantara Pakaya]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i1.160
<![CDATA[This research will discuss the basis for the formulation of locus delicti in an indictment on cybercrime, an indictment is an essential matter in a criminal procedure, especially if it contains material conditions, which if these conditions are not met can result in the indictment being blurred (Obscuur Libel) or null and void (for the sake of law). Vernietigbaar). The mistake in formulating locus delicti was the beginning of the non-fulfillment of the requirements in the indictment. So that the formulation of the problem is whether the basis for theformulation of locus delicti in the indictment on cybercrime has been regulated in procedural law in Indonesia. This type of research is a legal research by studying the existing positive legal rules and adding conceptually exploring the issues discussed through legal principles and expert opinions. So it is found that in criminal procedural law in Indonesia there are no rules that regulate explicitly and are used as a basis in formulating locus delicti in an indictment on cybercrime]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KONSUMEN PDAM SURYA SEMBADA KOTA SURABAYA ATAS PENETAPAN TARIF DALAM KONTRAK BAKU ]]>
<![CDATA[Raden Riyan Budi Setiawan]]>;
<![CDATA[M.Revendra Diva Firdiansyah]]>;
<![CDATA[Maulana Syarif Hidayatullah]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i1.161
<![CDATA[Development in Indonesia is a complete human development, namely development in all fields, considering that economic development and development in general and especially development in the business sector is increasing, unhealthy business competition will inevitably arise both between one business actor and another business actor and between business actors and consumers. One of the business entities engaged in these services is the Regional Drinking Water Company (PDAM) which is a business entity engaged in clean water supply services. Where related to its grievances as a business entity oriented towards profit-oriented on the one hand, and protection of consumers on the other hand is a juridical issue that needs to be considered. The legal relationship that arises between PDAM business actors and consumers as users of water services is a legal relationship born from contractual, where the type of contractual is a standard contract or standard contract, by looking at the concept of a standard contract, it can be seen that the position of one of the parties, in this case, the consumer is in a very weak position because consumers are only given two choices, namely agreeing or disagreeing with the contract. Some PDAMs issued a unilateral tariff increase policy and imposed new tariffs that experienced a significant increase from the old tariff provisions. This tariff increase is considered a unilateral policy so the position of consumers as users of water services in standard contracts is greatly harmed by the unilateral tariff policy. The formulation of the problem in the paper is How is the legal protection of consumers for unilateral tariff determination by PDAM? Based on the results of the study, consumer legal protection for tariff determination carried out unilaterally in standard contracts by PDAMs is regulated in Law Number 8 of 1999 concerning Consumer Protection and Permendagri Number 23 of 2006 concerning Technical Guidelines and Procedures for Regulating PDAM Drinking Water Tariffs. Based on Law Number 8 of 1999, consumers can file a lawsuit civilly with the District Court (PN) or the Consumer Dispute Resolution Agency (BPSK) based on a legal relationship born of contractual origin. Meanwhile, based on Permendagri Number 23 of 2006, if the decision of the Regent and/or Mayor regarding the tariff increase is contrary to Permendagri Number 23 of 2006, it can be sued for cancellation of the decree in the State Administrative Court (PTUN).]]>
<![CDATA[PERLINDUNGAN HUKUM DATA PRIBADI YANG DISALAHGUNAKAN UNTUK KEGIATAN PROSTITUSI ]]>
<![CDATA[Aulia Dean Puspita Sari]]>;
<![CDATA[Erny Herlin Setyorini]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i1.162
<![CDATA[In this research, it has the aim of mentioning the regulation regarding personal data that is used by other people for prostitution activities according to written regulations in Indonesia or often referred to as positive law and to understand the form of legal protection for victims whose personal data is used for prostitution activities. In accordance with article 28G of the Constitution of the Republic of Indonesia which states that all people have the right to personal and family protection which is a human right. The type of research used in this study is normative legal research and for research it refers to the rules or norms that behave in society. This research is based on the regulations that apply, especially on the norms according to the law. The approach method used by the author is a case approach (casus approach) and a conceptual approach (conceptual approach). The results of this study, show the regulations for the use of personal data used by other people who are not responsible for committing crimes, especially in matters of identity fraud and legal protection of personal data and defamation for victims whose personal data is misused by others for acts of prostitution]]>
<![CDATA[PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA MELARIKAN WANITA YANG BELUM CUKUP UMUR PUTUSAN /36/Pid.B/2019 PN GST ]]>
<![CDATA[Sinta Nuriyah]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v3i1.163
<![CDATA[This type of crime against human freedom in Chapter II Chapter XVIII of the Criminal Code, which is specifically investigated in Article 332 of the Criminal Code, which means running away from an underage woman. This study explains the criminal responsibility of elderly women who have run away and legal considerations for judges deciding crimes where elderly women are not sufficient. This study uses normative research, due to criminal acts that run away from immature women. The application of punishment is not in accordance with Article 332 of the Criminal Code, namely the conflict between Article 332 of the Criminal Code and the judge's decision. People who run away with too few women can only be held accountable if they meet the criteria of criminal responsibility, in this case they can be sentenced to a maximum of 7 years in prison according to Article 332 Paragraph (1) 1st of the Criminal Code. The basis for the opinion of the judge to give a decision in the case of running away from a girl who is not yet an adult is a matter of legal consideration based on legal facts in court to prove the guilt of the defendant]]>
<![CDATA[HAK KARYAWAN YANG TERDAMPAK PEMUTUSAN HUBUNGAN KERJA SECARA SEPIHAK DI PT. YOUNG TREE INDUSTRIES ]]>
<![CDATA[Aden Fadli Mukhammad]]>;
<![CDATA[Rosalinda Elsina Latumahina]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v3i1.166
<![CDATA[Termination of employment or what is often called layoffs is the end of an employment relationship betweeniworkers or laborersiand employersiwhere theiend ofian employmentirelationship resultsiin theiloss ofithe obligations andirights ofiworkers. Layoffs are often carried out by a company where a situation occurs which results in a reduction in workers so that the company can survive its operations. Workers who experience layoffs also have their own legal protection for the rights and obligations that must be given by the company because it has laid off its workers/laborers.Theimethod used inithis studyiis ainormative juridicalimethod withia statutory and conceptual approachiwhich will discuss inidetail what are theilegal protections for employees who experience layoffs and what are the rights of employees when laid offiby theicompany. Theiresults ofithis studyiare thatimany companies carry out layoffs of workers arbitrarily without giving the rights that workers must receive when laid off. The existence of a rule in the law also cannot guarantee whether a company can fulfill certain rights and obligations to workers who have been laid off. With unilateral layoffs by companies, it can also increase the unemployment rate in this country, therefore strengthening laws and regulations is also one way so that companies do not arbitrarily lay off workers unilaterally]]>
<![CDATA[PROSEDUR PENETAPAN TERSANGKA PASCA DIPERLUASNYA OBJEK PRAPERADILAN: STUDI KASUS PUTUSAN NOMOR 01/PID.PRA/2022/PN. JBG ]]>
<![CDATA[Winny Savitri]]>;
<![CDATA[Frans Simangunsong]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v3i1.167
<![CDATA[Pretrial agencies aim to monitor the acts of coercive efforts made by investigators or public prosecutors against suspects. Along with the development of the pretrial object in terms of the determination of suspects regulated in the Constitutional Court Decision Number 21/PUU-XII/2014 dated April 28, 2015 which decided the determination of suspects as pretrial objects has created its own legal problems. Especially on the difficulty of distinguishing between proof for pretrial and proof for the subject matter. With the acceptance of the determination of the suspect as a pretrial object, the pretrial judge must test the evidence as a minimum requirement for the determination of the suspect in the pretrial hearing process. The aim of this research is to realize how the procedure for determining suspects after the expansion of pretrial objects. This study applied normative juridical methods based on primary and secondary data through literature studies. This research result is that the procedure for determining suspects must be complemented by an examination of potential suspects with the need for laws and regulations as implementers of the Constitutional Court Decision Number 21 / PUU-XII / 2014 to be used as guidelines by law enforcement officials, namely investigators, both prosecutors and police in determining suspects so that there is no multi-interpretation in phrase 2 (two) evidence and accompanied by examination of potential suspects]]>
<![CDATA[TANGGUNG JAWAB PIDANA BAGI PELAKU YANG MENGGUNAKAN BAHAN BAKU KEDALUWARSA ]]>
<![CDATA[Erlina Dwi Susanti]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v3i1.168
<![CDATA[This article or article aims to discuss criminal responsibility for the perpetrators of using expired raw materials using the Study of Decision Number 284/Pid.Sus/2019/PN.Mjk. The defendant is an owner of UD. BAROKAH which is engaged in the production of super instant noodles stamped BUNGA TROMPET. Implementation of activities or processes of production, storage, transportation, and distribution of super instant noodle food, the Defendant used raw materials by purchasing expired instant noodle raw materials, then reprocessing them like instant noodle processing in general, but the raw materials used where default has expired. Then the instant noodles are repackaged using plastic packaging and labeled super instant noodles stamp BUNGA TROMPET. The method used in this research is normative juridical or legal research, namely research that is focused on examining the application of rules or norms in positive law. This research was conducted by examining various formal legal regulations such as laws, as well as literature containing theoretical concepts related to the problems discussed in writing. This study concludes that corporate criminal liability is still a problem that needs to be resolved. Likewise, the issue of criminal liability to corporations in criminal acts in the field of consumer protection still contains many weaknesses. As well as the Decision Number 284/Pid.Sus/2019/PN.Mjk has a deterrent effect on the Defendant. However, the actions of Defendant can still fulfill the elements of Article 11 letters a and b of the UUPK. As well as labeling the noodles as if they were edible and safe for health]]>
