Syiah Kuala Law Journal
We are interested in topics relating to domestic and international legal issues. it accepts articles relating to Civil Law, Criminal Law, Civil Procedural Law, Criminal Justice Process, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, Environmental Law and Constitutional Procedural Law.
Articles
185 Documents
<![CDATA[The Existence of the Rule of Law’s Problem: Over-regulation of Policy Regulations ]]>
<![CDATA[I Gede Agus Kurniawan]]>
<![CDATA[ Syiah Kuala Law Journal Vol 6, No 3: Desember 2022 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v6i3.27307
<![CDATA[The rule of law must be interpreted comprehensively, including regulation of the community through appropriate legal products. In this case, the phenomenon of many policy regulations requires a separate study related to the conception of the rule of law. This study aims to analyze the number of regulatory and external policy regulations that should be regulated in laws and regulations. This research is a normative legal research with a statutory approach and a conceptual approach. Primary legal materials include: Law no. 12 of 2011, Law no. 15 of 2019, Law no. 30 of 2014 and Law no. 13 of 2022. Secondary legal materials include: books, journal articles, as well as research results related to the legal ambiguity of the meaning of policy regulations in statutory regulations. Non-legal materials include legal dictionaries. The results of the study indicate that the concept of the rule of law actually places the position of laws and regulations as vital in an effort to regulate and organize society. In addition, evaluation of regulatory policy regulations can be carried out by representative institutions of the people and the general public through administrative efforts to the Administrative Court.]]>
<![CDATA[THE LEGAL CERTAINTY ON CHILDREN'S PERSONAL DATA: REALIZING LEGAL PROTECTION ON SOCIAL MEDIA ]]>
<![CDATA[Regina Kartika Sari]]>;
<![CDATA[Didik Endro Purwoleksono]]>;
<![CDATA[Amira Paripurna]]>
<![CDATA[ Syiah Kuala Law Journal Vol 7, No 2: Agustus 2023 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v7i2.32557
<![CDATA[This research focuses on legal certainty regarding the formulation of children's personal data in the PDP Law and legal protection efforts for children's personal data on social media. This research is a normative legal research with a concept and statutory approach. The results of the study show that the formulation of children's personal data in positive law actually creates legal uncertainty so that it has an impact on the implementation of legal protection related to children's personal data requiring further regulations and guidelines. Legal protection efforts for children's personal data on social media can be carried out preventively and repressively. Preventively, legal protection for children's personal data on social media is carried out by involving the role of parents, society, and the state through the establishment of special institutions that provide an understanding of the importance for children to protect and understand the benefits of personal data. Repressively, legal protection for children's personal data on social media is carried out by prioritizing the aspect of compensation if the child's personal data is misused which harms the child's personality and is oriented towards criminal sanctions as determined in laws and regulations.]]>
<![CDATA[CASE STUDY DECISION OF PEMATANG SIANTAR STATE COURT NUMBER 288/PID.B/2020/PN PMS REGARDING MURDER COMMITTED BY HALLUCINATION SUFFERERS ]]>
<![CDATA[Nurhafifah Nurhafifah]]>;
<![CDATA[Fadila Jamiatul Husna]]>
<![CDATA[ Syiah Kuala Law Journal Vol 6, No 3: Desember 2022 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v6i3.30723
<![CDATA[The decision 288/Pid.B/2020/PN Pms of the Pematang Siantar District Court on the murder committed by a psychotic schizophrenic (hallucinations). In this ruling, the judge concluded that the defendant, Suheri Sihombing, had been lawfully and conclusively established to have violated Section 338 of the Criminal Code, committing the crime of murder. Even though the defendant has paranoid schizophrenia, the judge believes he can still be held accountable for his conduct, therefore he is sentenced to thirteen years in jail. The findings indicate that the judge in case 288/Pid.B/2020/PN Pms did not consider the trial's facts when rendering a verdict. The judge did not voice his thoughts on the defendant with paranoid schizophrenic mental disease. The judge did not give significant consideration to Article 44, paragraph 1, of the Criminal Code concerning criminal abolition. According to Article 44 of the Criminal Code, defendants with mental problems might be ordered to spend one year in a mental hospital. The panel of judges at the Pematang Siantar District Court found the defendant guilty, resulting in a decision that did not maximally satisfy the norm of legal fairness.]]>
<![CDATA[The Perspectives of Legal Progressivism Concerning Song Royalty Payments ]]>
<![CDATA[Dina Kurniawati]]>
<![CDATA[ Syiah Kuala Law Journal Vol 6, No 3: Desember 2022 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v6i3.27337
<![CDATA[The Royalty is actually an economic right that must be accepted by the creator as a form of respect and reward for a work. In this case, the existence of rules regarding the payment of royalties is important in ensuring legal certainty. Even so, the economic right to pay royalties must also take into account social realities. This is especially the case when cafés are subject to royalty payments for music and songs. Of course, the lack of clarity about the meaning of café makes every coffee shop also have to pay royalties. This research is a normative legal research with legal issues of legal ambiguity on the meaning of café. This research is a juridical-normative research. The research uses two approaches, namely the legislation approach and the concept approach. The legal materials in this study are primary legal materials which include: the 1945 Constitution of the Republic of Indonesia, Law no. 28 of 2014 concerning Copyright, and Government Regulation No. 56 of 2021 concerning Management of Song and/or Music Copyright Royalties. Secondary legal materials include: books, journal articles, to research results. Non-legal materials include language dictionaries. The results of the study confirm that the progressive legal aspect of royalty payments must place royalties not only as a right but also as an effort to promote public welfare. The emphasis on the creator's economic rights in paying royalties is actually contrary to the value of justice from a progressive legal perspective. Thus, the President should revise the PP royalty by providing firm, clear, and limitative information.]]>
<![CDATA[REVIEWING THE APPROACHES OF INDONESIA ON TRADEMARK DILUTION DOCTRINE ]]>
<![CDATA[Rina Shahriyani Shahrullah]]>
<![CDATA[ Syiah Kuala Law Journal Vol 7, No 1: April 2023 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v7i1.28991
<![CDATA[Rights to well-known trademarks need legal protection. The well-known trademark case relates to the trademark dilution doctrine. This research aims to analyze and determine the legal doctrine of trademark dilution in Indonesia. The research used a normative juridical approach so that secondary data was collected by using library research methods. The conclusion of the research is that the regulation of the trademark dilution doctrine in Indonesian national law is still implied. However, provisions related to the trademark dilution doctrine in the Paris Convention for the Protection of Industrial Property Rights and the Agreement on Trade-Related Aspects of Intellectual Property Rights can be applied. The ssolution of violations of the trademark dilution doctrine in Indonesia under the Trademark Law is not optimal. The well-known trademark cases studied in this research meet the trademark dilution doctrine which contains the concept of passing off. The regulation on the trademark dilution of well-known trademark in Indonesia is still not perfect, so it is necessary to improve its legal substances.]]>
<![CDATA[THE EXISTENCE OF THE ELECTION SUPERVISORY AGENCY POST 2024 BASED ON POSITIVE LAW ]]>
<![CDATA[Murjani Murjani]]>;
<![CDATA[Suwardi Sagama]]>
<![CDATA[ Syiah Kuala Law Journal Vol 6, No 3: Desember 2022 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v6i3.28441
<![CDATA[Bawaslu was formed to oversee elections and elections to run in a direct, free, confidential, honest, and fair manner. Bawaslu's authority is only to supervise in stages. In 2024, elections and elections will be held simultaneously. The stages will start again before the elections and elections in 2029. Researchers are interested in knowing the existence of Bawaslu post-election and elections in 2024. The research uses a normative legal research method with a statutory approach. Based on Law Number 7 of 2017 concerning Elections, Bawaslu only has supervisory authority at the election and election stages for 20 months. Bawaslu oversees the stages set by the KPU based on the PKPU. After the general election and simultaneous elections in 2024, Bawaslu does not have supervisory authority until it enters the stages for implementation in 2029. The existence of Bawaslu without any supervisory activities can return to being an ad hoc body at the beginning of its formation.]]>
<![CDATA[Non-Fungible Token (NFTs) Copyrights Towards Indonesia Digital Economy Development 2030 : Polemic and Challenges ]]>
<![CDATA[Ninne Zahara Silviani]]>;
<![CDATA[Seela Anwar Sya'adah]]>
<![CDATA[ Syiah Kuala Law Journal Vol 7, No 1: April 2023 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v7i1.29291
<![CDATA[In the last two decades, art and technology are increasingly inseparable. Existing technology has developed rapidly, in this case the internet which has given birth to a new era known as the digital era which was followed by the emergence of many legal problems, one of which was copyright infringement. The emergence of Non-Fungible Tokens (NFTs) is said to be able to democratize the arts industry and Indonesia digital economy decentralized. Indonesia has a regulation named the Law of the Republic of Indonesia Number 28 of 2014 which regulates the exclusive rights of creators from the industrial sector to works of art. With the existence of These Non-Fungible Tokens (NFTs) the copyright of a digital artwork is questionable. The unique thing with the existence of this Non-Fungible Tokens (NFTs) is that Non-Fungible Tokens (NFTs) does not have the same values, each unique asset cannot be exchanged, so the artists use Non-Fungible Tokens (NFTs) as a certificate of ownership of a rare digital asset. However, because there is no specific regulation regarding Non-Fungible Tokens (NFTs) either in copyright regulations or its protection by the government, there have been cases of copyright infringement intentionally or unintentionally. This research aims to analyze how Indonesian government set the pace to protect copyrights of digital artworks as a preparation for the Indonesia 2030 Digital Economy Development.]]>
<![CDATA[Actions By KPI As A Supervisory Institution Against Advertisements That Violate Ethics ]]>
<![CDATA[Sherly Angelina]]>;
<![CDATA[Dwi Desi Yayi Tarina]]>
<![CDATA[ Syiah Kuala Law Journal Vol 6, No 3: Desember 2022 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v6i3.28544
<![CDATA[Advertising is a tool used by business actors to promote their products. Advertisements must contain complete, correct, clear, and honest information regarding the product. Moreover, advertisement must follow broadcastiong ethics. The broadcasting ethics are listed in Law Number 32 of 2002 concerning Broadcasting, KPI Regulation Number 01/P/KPI/03/2012 concerning Broadcasting Behavior Guidelines, KPI Regulation Number 02/P/KPI/03/2012 concerning Broadcast Program Standards, and Advertising Ethics Indonesia. However globalization causes rapid developments in the digital world that resulting in advertising often violating broadcasting ethics. The purpose of this study is to explain the supervisory function carried out by KPI and analyze KPI’s actions against advertisements thay violate ethics. The research method used is emperical juridical with a statutory approach and a case approach. The result is supervision carried out by KPI, namely by monitoring every advertisement that is being broadcast and if it is found or there is a report on advertisements that violate ethics, administrative sanctions will be given in accordance with the decision of the 9 (nine) Commissioners on Plenary Meeting.]]>
<![CDATA[Legal Consequences of Not Including The Identity of Business Actors in The Marketplace and The Role of The Marketplace Related to Fulfilling Consumer Rights ]]>
<![CDATA[yulia shadrina]]>
<![CDATA[ Syiah Kuala Law Journal Vol 7, No 1: April 2023 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v7i1.29507
<![CDATA[Buying and selling transactions through information technology media and the internet (e-commerce) have positive and negative sides. Several problems often occur in its implementation, which often requires the seller’s accountability to not harm consumer rights. However, one element that is often forgotten by sellers and buyers is the inclusion of the identity or address of the business actor in the marketplace. As a result, fulfilling the responsibilities of the seller is often difficult and the buyer becomes disadvantaged. Not only the seller, the marketplace as a place that facilitates sellers and buyers also has an important role so that consumer rights can be fulfilled. Not including the identity/address of business actors in the marketplace also creates legal consequences that differ from several laws and regulations in Indonesia, requiring more attention from the government]]>
<![CDATA[LEGAL STUDY ON THE ACTION OF PKPU ADMINISTRATORS THAT CONDUCTED ILLEGAL INCREASE OF CREDITORS’ RECEIVABLES ]]>
<![CDATA[Margareth Rae Sita]]>
<![CDATA[ Syiah Kuala Law Journal Vol 6, No 3: Desember 2022 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala ]]>
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DOI: 10.24815/sklj.v6i3.28581
<![CDATA[This study aims to analyze the implementation of the duties and authorities of the Administrator in compiling the number of PKPU Creditors' receivables and the legal liability of the Administrator who illegally enlarges the number of PKPU Creditors' receivables using a normative juridical approach. This study concludes with several results. Firstly, the task and authority of the Administrator in compiling the number of Creditors' receivables based on Law Number 37 of 2004 is to receive all claims from Creditors and then match these claims with notes and reports held by the Debtor. In practice, some Administrators do not match claims in compiling the number of receivables. Secondly, the Administrator who illegally enlarges the number of PKPU Creditors' receivables can be held legally responsible based on Law Number 37 of 2004. If it has harmed the Debtor's assets, the Administrator can be sued through civil law based on Articles 1365 and 1366 of the Indonesian Civil Code.]]>
