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Indonesia Law Reform Journal (ILREJ)

ilrej
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Published by Universitas Muhammadiyah Malang

ISSN : 27769259 EISSN : 27769674 DOI : 10.22219

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Scope of scientific articles published in this journal deals with various topics in the multidisciplinary field of study of Law from around the world, in particular issues related to: 1. Jurisprudence 2. Legal theory 3. Laws in modern countries 4. Comparative law 5. Constitutional law 6. Law and environment 7. Customary law 8. International law 9. Legal institutions 10. Islamic law 11. other legal topics

Arjuna Subject : Ilmu Sosial - Hukum

Articles 10 Documents

Search results for , issue "Vol. 2 No. 3 (2022): November, 2022" : 10 Documents clear

Implementasi Demokrasi dan Legitimasi Penjabat Kepala Daerah di Indonesia Abustan Abustan
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Indonesia is a country based on the rule of law. As a country, the Indonesian state is also an organization of power with a democratic concept that includes an understanding of the fields of politics and government. However, as a legal state, state power must have legitimacy or be regulated by law (constitutional) so that the state government's power is limited by law. The dynamics of local government have recently received a lot of public scrutiny, especially the controversy over the appointment of acting regional heads. Lately, of course, this is not limited to the essence of democracy with the rule of law. This study takes the subject of the implementation of democracy which contains legal truth and provides justice (legal justice). The research aims to find out the aspects that are of public concern in the appointment of acting regional heads. This research is empirical research that uses a sociological juridical approach. The reality of conditions that exist in the regions, in the research conducted found various questions from the community, why the appointment of acting regional heads is only through the appointment of the central government. That is the development of the dynamics of democracy found in the research conducted.

Penerapan Asas Praduga Tidak Bersalah (Presumption of Innocent) Pelaku Tindak Pidana Pencurian di Tingkat Penyidikan: Studi di Kepolisian Resort Pamekasan Ahmad Faiz Alamsyah; Sidik Sunaryo; Yaris Adhial Fajrin
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

The principle of the presumption of innocence is one of the principles regulated in the Criminal Procedure Code (KUHAP). The application of the principle of the presumption of innocence is closely related to the application of rights to individuals, for example to suspects in the crime of theft who are in the process of being investigated. The regulation of these rights is regulated concretely in the Criminal Procedure Code. However, despite this, the application of the principle of the presumption of innocence in this case the application of the rights of the suspect during the arrest and detention process is still not given much attention by police investigators. Therefore, the researcher raised two problem formulations. First, how is the application of every person arrested for committing the crime of theft to be considered innocent until there is an Inkracht Decision at the Pamekasan Police Resort. Second, how is the application of every person who is detained for the crime of theft must be considered innocent until the Inckracht Decision is made by the Pamekasan Resort Police. The research method used is a sociological juridical approach. It can be concluded that in the application of rights in the arrest process, two rights have not been implemented by the Pamekasan Police investigators, namely the suspect's right to ask the investigator to show an arrest warrant (Article 18 paragraph (1) KUHAP) and regarding the right for the family of the arrested suspect to receive a copy of the letter. an immediate arrest order (article 18 paragraph (3) KUHAP). While in the detention process, two rights have not been implemented, namely those related to the suspect's right to give information freely (article 52 KUHAP) and the suspect's right to obtain legal assistance and law enforcers are required to appoint legal counsel (article 54 KUHAP)

Perlindungan Hak Anak Sebagai Korban Tindak Pidana Persetubuhan dalam Penyelidikan : (Studi di Kepolisian Resort Kota Batu) Fachry Ahsany; Sidik Sunaryo; Yaris Adhial Fajrin
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

This research was to determine the form of providing protection for children's rights as victims of the crime of sexual intercourse during the investigation stage. This study uses a sociological juridical method with an empirical legal approach that describes the actual conditions that live in society. Data was collected by direct observation at the Criminal Investigation Unit of the PPA Police of the Batu City Resort Police, interviews with investigators and other related parties. The data analysis technique is the investigation of children's rights as victims of criminal acts of sexual intercourse based on Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. The results of this study are that in the investigation process there are still obligations for children's rights that are not given or fulfilled, such as children being free from treatment that demeans their dignity and getting social advocacy assistance from child social workers during examinations at the police to determine physical, psychological and psychosocial conditions. The child is a victim of a crime of sexual intercourse.

Implementation of E-Court in Civil Life Settlement to Realize Simple Principles Quickly and Low Costs (Study in Malang District Court Class 1a) Ferlyawan Isnanda Nuh; Herwastoeti Herwastoeti; Dwi Ratna Indri Hapsari
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

The development of technology and information in the digital era as it is today is a significant change in human behavior. The digital era as it is today requires all elements of society and institutions to meet the needs of the community related to the development of this era. On the basis of this fulfillment, the Supreme Court has created an e-court application. This research is a type of empirical legal research. Empirical legal research is oriented to primary data (research results in the field). As for the results of this study, the implementation of e-court at the Malang District Court has been implemented in accordance with Perma No.1 of 2019, there are 4 features of e-court services, namely registration, payment, summons, and trial, all of which are held electronically. This is also an effort made by the Supreme Court to modernize the judicial process in Indonesia without eliminating aspects that existed in the previous judicial system, namely maximizing the existing potential with the support of information and communication technology. In line with the suitability of the simple principle of fast and low cost, the number of cases at the Malang District Court that entered via e-court in 2019 to 2021 reached 4,985 cases, namely civil cases that include applications, lawsuits, simple claims, and objections. In 2019 there were fewer cases that went through compared to cases that went through the manual procedure, but over time the e-court became effective, and manual case registration began to be abandoned. The effectiveness of e-courts in the settlement of civil cases at the Malang District Court has been running effectively since 2020, namely the examination and settlement of issues are carried out in an efficient and effective manner, and at a cost that the community can reach.

The Implementation of Intellectual Property Registration for Startups in the Industrial Revolution Era 4.0 in Pontianak Tri Atika Febriany; Heru Yudi Kurniawan; Deni Setiyawan
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

The development of thinking supported by the ease of obtaining information in real-time with the assistance of a smartphone has changed a person’s pattern of life and the way to socialize. With the current technology, face-to-face socialization has been shifted to video calls. Not only socializing patterns, trading patterns have also been affected. Today trading process is not only held conventionally (buyers come to the store), but also by using the available applications. Through the applications, we can buy goods without having to leave the house. The presence of this change cannot be separated from the role of technology-based startups which create an application offering a variety of convenience services. The growth of the nation’s startups has now penetrated the world market. Some Indonesian startups have a valuation of US $ 1 billion and are included in the Unicorn class such as Tokopedia, Buka Lapak, and Traveloka. Now Go-Jek has also entered the Decacorn class. To protect their business, businessmen need to register their brands for intellectual property. Considering the importance of intellectual property in the industrial revolution 4.0, the researchers carried out this research to protect digital startups in Pontianak, especially in terms of intellectual property registration.

The Effectiveness of Application Mediation in Reducing Divorce Cases at Jombang Religious Court Muhammad Amin Syarifudin; Herwastoeti Herwastoeti; Dwi Ratna Indri Hapsari
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

The reason for the occurrence of divorce at the Jombang Religious Court is due to several factors, but in how many years the pandemic has increased other factors such as a moral crisis, no responsibility, persecution, biological defects, economic problems, and other factors, jealousy, forced marriage, and no household harmony and underage marriage, divorce is a legal way to deal with marital conflicts under the umbrella of Indonesian law and formalized Islamic law, it is hoped that mediation will be the mediating point of all kinds of divorce issues, Mediation is a process of judicial proceedings regulated in PERMA No. 1 of 2016 concerning mediation procedures in court. the implementation of mediation at the Jombang Religious Court has been carried out according to the procedure, but in the last 4 years the Jombang Religious Court has experienced an increase in cases and the number that cannot be mediated is quite a lot due to the absence of the parties even though they have been summoned more than twice but the parties still choose not present so that the case continues and cannot be mediated, while cases that can be mediated are influenced by the peaceful intentions of both parties so that the mediation can be carried out or those who are being mediated choose to come because they demand their rights as in the case of divorce talk is alimony arising from divorce, so the authors found the ineffectiveness of mediation in its implementation which was unsuccessful due to several obstacles in its implementation, namely the strong desire between parties, ignorance of the importance of mediation by the community, the role of advocates. The author also provides a solution to the obstacles to the ineffectiveness of mediation by maximizing the panel of judges, mediation training, the role of the mediator, the role of the government, and evaluating the performance of the mediator.

Sinkronisasi Pengawasan CSR dalam Hukum Positif Indonesia Nanda Melinia Safitri; Surya Anoraga; Fitria Esfandiari
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Since CSR has become an obligation for companies through Law Number 40 of 2007 concerning Limited Liability Companies. However, in its implementation there are still many problems. One of them is the regulation of CSR which has been implicitly regulated in various sectoral laws. So the problem that will be studied in this paper is how to synchronize the supervision of Corporate Social Responsibility (CSR) in the Limited Liability Company Law, Investment Law, Government Regulation No. 47 of 2012, as well as Article 23 and Article 24 of Malang Regency Regulation No. 1 of 2013. The research method used in this paper uses a normative juridical research type, using a statutory approach, a conceptual approach, and a comparative approach. The PT Law and the PM Law have different definitions regarding CSR, although both laws require the implementation of CSR, both have not provided clear regulations regarding the mechanism for monitoring CSR implementation. Then based on the mandate in Article 74 paragraph (4) of the Company Law, PP No. 47 of 2012, the establishment is intended to clarify the implementation of CSR but in fact the articles contained in the PP also do not accommodate the supervision of CSR implementation. Although it is not regulated in the Law and PP, the Malang Regency Regulation clearly regulates the supervision of CSR implementation. In this study, it is concluded that the various regulations are synchronized, namely in terms of implementation accountability, sanctions, and regulations for monitoring the implementation of CSR. Therefore, the government needs to form a separate law that accommodates CSR comprehensively along with the mandate of establishing a CSR supervisory body whose job is to oversee the implementation of CSR, giving executive authority to impose sanctions on those who do not carry out CSR.

Tinjauan Yuridis Sosiologis Pelepasan Hak Atas Tanah Adat Menjadi Sertifikat Hak Milik di Distrik Arso Kabupaten Keerom Provinsi Papua Rama Thimoty Sanjaya; Catur WIdo Haruni; Sholahuddin Al-Fatih
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Part of the Keerom Regency area is a forest owned by the Keerom Indigenous people, in Articles 1 and 2 of the UUPA. the implementation of ulayat rights and similar rights of indigenous peoples, as long as in reality they still exist, must be so that they are in accordance with the national and state interests. The problem in this study is a sociological juridical review of the release of customary land rights into property rights certificates in Keerom Regency. This study raises the problem studied are, First how to release customary land rights to become property rights certificates. Second, what are the obstacles to releasing customary land rights into title certificates? Third, what are the efforts to overcome the obstacles to the Release of Customary Land Rights into Ownership Certificates in Keerom Regency? The research was conducted using a sociological juridical approach. Sources of data, primary data, secondary data, and tertiary flat. Data collection techniques are observation, interviews, and document studies. Based on the results of research and discussion; First, the transfer of rights carried out by indigenous peoples in Keerom Regency are of several kinds, namely; imnaway twa, Ken Baa, maafowor, Mararap Kambiswap, and Kin tuwri Ngkwaf. Second. obstacles, because customary land is not measured on the boundaries of the customary land. Third, to overcome obstacles, the Regional Government and Regency BPN must be active in conducting socialization with the community regarding the importance of registering land rights to ensure legal certainty. The author's suggestion in this study, the local government, and the customary council in Keerom Regency must make a regulation related to customary land so that customary land has legal clarity regarding land ownership.

Public Participation in the Law-Making in the Digitalization Era Dodi Jaya Wardana; Hasnan Bachtiar
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v2i3.23764

Technology can play an important role and provide a useful tool for creating informed and active citizens, thereby contributing to democracy from the ground up. The shift from e-governance to e-democracy has become an important example of the capacity of technology to influence public law as a whole. There are at least four methods that can be used to participate in public participation in law-making, namely digitally: Interactive Applications, Legislative Crowdsourcing, and Utilizing Big Data. There are at least 2 (two) ways that the community can conventionally take to get involved in forming the law, namely active participation, and passive participation. Through active participation, the public takes the initiative to participate in the process of forming legislation products by attending general meetings, and public debates, as well as writing open letters in the mass media addressed to the apparatus in charge of discussing the Draft Law. Passive participation means that participation initiatives come from outside the community.

Settlement of Brand Rights Disputes Through the Commercial Court in Indonesia: Study of Surabaya Court Decision I Gede Mahatma Yogiswara; Lesza Leonardo Lombok; Asrul Ibrahim Nur; I Gusti Bagus Indra Kumara; Ni Nyoman Sri Purnama Sutianti
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v2i3.23754

Brands play a significant role in economic development because they help consumers identify the origin of a product or service. Brand ownership is acknowledged at the time of brand registration with the Directorate General of Intellectual Property. The first prerequisite for registering a brand is ensuring that it possesses all of its attributes. Therefore, some characteristics distinguish it from other brands. Despite these regulations, brand infringements still occur. One of them is the disagreement between PT. Gudang Garan and PT. Gudang Baru, whose brands are comparable. Therefore, a study on Indonesian law enforcement in resolving brand issues is required. The current study employed normative legal research and normative juridical methodologies. Using descriptive qualitative data analysis, the study focused on laws and regulations. The Surabaya Commercial Court determined, based on a dispute between PT. Gudang Garan and PT Gudang Baru, that PT. Gudang Baru breached Article 21 Paragraph 1 of Law No. 20 of 2016, declaring the Gudang Baru brand comparable to the well-known Gudang Garan brand. As a result, the Gudang Baru brand was revoked, and to ensure a deterrent effect, DGKI ordered any application for registration of a brand that resembles PT. Gudang Garan be denied.

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Home Page

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Contact Name Nur Putri Hidayah

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Editorial Address Jalan Raya Tlogomas 246 Malang

Location Kota malang, Jawa timur INDONESIA

Abstract

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Abstract

Contact Name
Nur Putri Hidayah

Contact Email
ilrej@umm.ac.id

Phone
-

Journal Mail Official
ilrej@umm.ac.id

Editorial Address
Jalan Raya Tlogomas 246 Malang

Location
Kota malang,

Jawa timur

INDONESIA