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Yuris: Journal of Court and Justice
Published by JF Publisher
ISSN : -     EISSN : 28097572     DOI : https://doi.org/10.56943/jcj
Core Subject : Social,
In 2022, YURIS (Journal of Court and Justice) giving opportunities for legal researcher to publish scientific article The editorial team of YURIS seek publication on the paper which related to the contribution of law theory and enforcement and to consider them carefully for external review. By following the standard and procedures which published four times a year. It goes by the review process from expert and external reviewer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol. 1 Issue 2 (2022)" : 5 Documents clear
TRADING IN INFLUENCE AS A CRIME IN INDONESIA CRIMINAL LAW SYSTEM: A JURIDICAL STUDY Imansyah, Shahrul Kresna; Sumaryanto , Dr. A. Djoko
YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (208.433 KB) | DOI: 10.56943/jcj.v1i2.107

Abstract

This research aims to identify whether the rules in Indonesian Corruption Eradication can be applied in the case of influence trading and to determine the prospects for regulating influence trading in the Indonesian Corruption Eradication Law in the future. As a research method, the researchers uses a normative research method based on the antinomy between one law and another. The results of this study can be applied to cases of trafficking under influence, including Article 5, Article 12 letters a and b, Article 11 of the Corruption Eradication Law and related to Article 55 of the Criminal Code (KUHP). However, the application of these articles still has several weaknesses, both from legal subjects and related to objective requirements. both in the formulation of the elements of the article and strict sanctions then they do not conflict with existing regulations. The form of regulation can be set forth in a special regulation on trading in influence, or it can also be reformulated with the existing articles in the Indonesian Corruption Eradication Law or modify the elements of Article 18 UNCAC, 2003 concerning trading in influence so that the regulation does not overlap with the existing regulations. exists then that it deserves to be criminalized. This aims to create legal certainty and justice for the community and prevent the community from falling into the act of trading in influence.
LEGAL CONSEQUENCES OF NAME-CHANGING PERSON IN OFFICIAL STATE DOCUMENTS: A CIVIL LAW REVIEW Wirianistiati, Ardianita; Sadjijono, Prof. Dr. Sadjijono
YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (161.468 KB) | DOI: 10.56943/jcj.v1i2.108

Abstract

Changing the name is basically changing the person’s identity on birth certificate. For its validity, name changing must meet the procedures contained in Law Number 23 of 2006. This research aims to find out the procedure for changing names in official state documents and the consequences of changing one's name in official state documents which are not procedural in terms of civil law. In conducting this research, normative legal research will be used by reviewing the existing laws and regulations. Name changing will have legal consequences for the new name and the legal status of official document will affect the changed name, but the rights and obligations will remain same. This happened because they were the same person, but their rights and obligations changed to different name that was obtained from local district court decision. The name changing will cause problems in population administration when it is not meet the procedure. Then, it is essential to follow the existing procedural in changing the name.
THE CRIMINAL RESPONSIBILITY FOR PORNOGRAPHY VIDEO MAKER THROUGH DIGITAL FORENSICS ON SOCIAL MEDIA Hartono, Dhimas Joeantito; Sugiharto, Dr.
YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (191.515 KB) | DOI: 10.56943/jcj.v1i2.119

Abstract

Cybercrime phenomenon is a crime that is not easy to trace its existence. Digital Forensics is an application in the Computer Science and Technology for the purpose of pro-justice, which in this case is to prove scientifically high-tech crimes so that digital evidence is obtained and it can be used to catch pornography suspects, which was transmitted to various media, such as magazines, television programs, and internet. Cyberporn is a crime in transmitting some pornography contents through website. This research used juridical- normative method as its research method. The researcher used the method to find out the criminal responsibility for pornography video maker through digital forensics on social media. In consequence, if there is a punishment for the perpetrator, then it is retaliation for his actions which aims to improve attitudes and behavior so that they are even better in using social media services and are also intended to prevent others from the possibility of committing similar acts.
ATTEMPTION OF BRAND PROTECTION FROM THE EQUALITY OF BRAND INFRINGEMENT: A Case Study of Indonesian Supreme Court Decision No. 332K/Pdt.Sus-HKI/2021 Rini, Dian Puspito; Hamid, Adnan; Dwi Sasongko, Baried
YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (185.83 KB) | DOI: 10.56943/jcj.v1i2.131

Abstract

The dispute over the brand infringement from the use of word 'Strong' by PT Unilever Indonesia, Tbk on their oral care product, 'Pepsodent Strong 12 Jam' has the same name as 'Strong' on the product belonging to Hardwood Private Limited (holding company of the Orang Tua Group). Indonesian Supreme Court Decision on March 30, 2021 No. 332K/Pdt.Sus-HKI/2021, they do not provide legal protection for the first registrant of strong mark and legal certainty for registered brand owners and this is contrary to the passive judges principle in the KUHAP (Criminal Procedure Code). The word of 'Strong' has a distinguishing power with the brand 'Pepsodent Strong 12 Jam'. The brand naming 'Strong' is formed from a descriptive word which is a common word in a foreign language which has a certain meaning and the owner of the registered brand cannot monopolize it. The TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement provides exceptions for brand protection based on fair use principles contained in brand dispute jurisprudence involving common words. This research method is normative research through a legal approach. The comprehension and regulation will be reviewed on Law No. 20/2016 concerning of Marks and Geographical Indications and HIR (Herzien Inlandsch Reglement). The word 'Strong' is an adverb, which means 'in a strong or forceful manner' which is quoted from Merriem Webster. Therefore, using its word is public property and it can be used by everyone,but not for personal used.
AN INDONESIA-FRANCE COMPARISON: THE DESIGN MECHANISM FOR LEGISLATION ESTABLISHMENT AND LEGISLATION REGULATION EVALUATION Arlinandes Chandra, Jeffri; Wahanisa, Rofi; Kosasih, Ade; Bararah Barid, Vera
YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.015 KB) | DOI: 10.56943/jcj.v1i2.132

Abstract

The good laws and regulations are in harmony with other laws and regulations. The disharmony of a statutory regulation with other regulations, both at the same level and at different levels, will cause a complex problem. As a result, these regulations can be canceled due to things that are contrary to constitution, laws and other regulations. This research is a qualitative research. The research method used is a combination of normative research supported by empirical field research data, namely research that uses information from research targets or subjects who are usually called informants or respondents through data collection instruments such as interviews and then combines it with data from library materials, especially those related to legal issues. Indonesia based on Law No. 12 of 2011 in conjunction with Law 15 of 2019 has determined a review system and monitoring in law formation, but the best practice from French regarding legislation reviews by independent institutions, called constitutional council and evaluation methods that implement by Australian with the sunset regulation and rescheduling culled methods provides a new perspective on the formation and evaluation in Indonesia, there will be consequences in adopting it either partially or completely that will be discussed in further research.

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