Jurnal Hukum dan Sosial Politik
Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial.
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256 Documents
<![CDATA[Pelindungan Hak Ekonomi Terhadap Pencipta Sinematografi Digital: Studi Perbandingan Hukum Hak Cipta Indonesia dan Jerman ]]>
<![CDATA[Praxedis Ajeng Pradita]]>;
<![CDATA[Eddy Damian]]>;
<![CDATA[Tasya Safiranita]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2098
<![CDATA[Cinematographic work is protected by law under the Copyright Law No. 28 of 2014 in Indonesia. The fundamental principle is that the Creator is entitled to fair remuneration for the use of their work, in line with the alter-ego concept that gives the highest position to the Creator. In contrast to Indonesia, Germany has clearly regulated the procedures for the collection, management, and distribution of remuneration through the Urheberrechtsgesetz and the Collective Management Organization (CMO) operating with authorization from the Creator. The research method used is juridical-normative with a descriptive analysis approach. This study applies a comparative legal approach, utilizing data from both conventional and online literary sources, as well as interviews. The research findings indicate that Indonesia does not yet have specific regulations to protect the economic rights of digital cinematography. The absence of a Collective Management Organization (CMO) leads to an imbalance in licensing agreements between the Creator and digital platforms as users of cinematographic works.]]>
<![CDATA[Efektifitas Penerapan Sistem Persidangan Elektronik E-Court dalam Pengadilan Negeri Pamekasan ]]>
<![CDATA[R.Moh Hilman Wahyudi]]>;
<![CDATA[Mohammad Hosen]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2109
<![CDATA[E-court is a court instrument as a form of service to the public in terms of registering cases carried out by the parties online, estimating court costs electronically, paying downpayments online, summoning online and sending court documents online. The purpose of this research to study the effectiveness of implementing e-court electronic trials in the Pamekasan District Court. This study uses normative legal research methods. The statutory and conceptual approaches are the approaches used in this research. The collection of legal materials in this journal uses library research. The method of analysis of legal materials used in this journal refers to deductive, namely drawing conclusions from a general problem to the concrete problems faced. The results of this research show that there are advantages and disadvantages in implementing electronic trials in the Pamekasan district court and the need for them. Further adaptation by the community in the latest innovations in case handling. In accordance with Perma No. 1 of 2019.]]>
<![CDATA[Penggunaan Merek Atas Peningkatan Pendapatan Dan Perlindungan Hukum Terhadap Merek UMKM Sego Pedes Basman ]]>
<![CDATA[Elvira Rosa Astrianto]]>;
<![CDATA[Kiara Dhafa Nahdah Azalia]]>;
<![CDATA[Natalia Evira Palit]]>;
<![CDATA[Ramot Andrew Christian Siagian]]>;
<![CDATA[Rumagam Amputua Hasian Siregar]]>;
<![CDATA[Asep Saripudin]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2110
<![CDATA[Micro, Small and Medium Enterprises or what are usually called MSMEs have an important role in national economic development efforts in Indonesia. From year to year, the number of MSMEs in Indonesia has increased quite rapidly. However, there are still many MSME business actors who have not registered their trademarks due to limited capital and information about the benefits they receive. Trademark registration is considered to increase people's purchasing power towards a product because it can be used as a characteristic or differentiator from other products. Trademark registration can also receive legal protection for a product's trademark. Therefore, the use and legal protection of a trademark is considered very important for MSMEs. This research discusses the use of brands to increase income and legal protection for the Sego Pedes Basman Umkm Brand. The research uses qualitative research with a normative juridical approach method.]]>
<![CDATA[Understanding The Ruling Of The Constitutional Court No: 90/PUU-XXI/2023 From A Civil Law And Common Law Perspective ]]>
<![CDATA[Endro Satoto]]>;
<![CDATA[Zainal Arifin Hoesein]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2112
<![CDATA[To ensure legal certainty in a country, various countries in the world have different legal systems which are acclimated to the needs and characteristics of each country. In general, two legal systems are commonly applied, namely the civil law legal system and the common law legal system. The civil law system is a legal system that originates from mainland Europe and is based on Roman law with the main characteristic being the existence of a codification system of the main legal principles. The three primary features of civil law legal systems are codification, non-precedential judges, and an inquisitorial judiciary. Meanwhile, the common law system is a system that refers to customs in England that are not written down and which through judge decisions are then made legally binding. The choice of the legal system will affect the preparation of legal products and the results decided. The choice of legal system significantly impacts legal products produced, whether regulations or jurisprudence. Indonesia's recent Constitutional Court verdict (90/PUU-XXI/2023) is raising concerns over its legitimacy and potential impact on the country's legal framework. Further analysis and scrutiny are necessary.]]>
<![CDATA[Keberadaan Komisaris Independen dalam Menerapkan Good Corporate Governance pada Perseroan Terbatas ]]>
<![CDATA[Safiratul Ummah]]>;
<![CDATA[Eva Dwi Nur Aini]]>;
<![CDATA[Sumriyah Sumriyah]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2116
<![CDATA[The existence of an Independent Commissioner in a Limited Liability Company (PT) is a crucial element in realizing Good Corporate Governance (GCG). The role of the Independent Commissioner is not only as a supervisor, but also as a balancer of the interests of shareholders, management and other related parties. So with this Independent Commissioner, transparency, accountability and company integrity can be improved. This explains how the role of the Independent Commissioner makes a positive contribution to the company's sustainability and stakeholder trust, company reputation, and creates a healthy and sustainable business environment. So, the existence of an Independent Commissioner is not just a formality, but the main key in realizing Good Corporate Governance (GCG) practices in Limited Liability Companies.]]>
<![CDATA[Implementasi Kebijakan Hukum Agraria Terhadap Pembagian Hak Tanah Garapan di Desa Sampali Kecamatan Percut Sei Tuan Kabupaten Deli Serdang ]]>
<![CDATA[Dahlia Natalia Lumban Gaol]]>;
<![CDATA[Fani Nolpiana Nadapdap]]>;
<![CDATA[Johana Andriani Nainggolan]]>;
<![CDATA[Muhammad Hafis Faisal]]>;
<![CDATA[Rahma Dhani Fitria Sinaga]]>;
<![CDATA[Wulan Ayu Trisna]]>;
<![CDATA[Yana Sebha Pasaribu]]>;
<![CDATA[Ramsul Nababan]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2126
<![CDATA[This research discusses the implementation of agrarian law policies regarding the distribution of rights to cultivated land in Sampali Village, Percut Sei Tuan District, Deli Serdang Regency. This study was conducted with the aim of analyzing the impact of policies, the level of community participation, and the factors that influence the implementation of these policies. The research method is descriptive qualitative which involves literature study, field study and interviews. The research results show that the implementation of agrarian law policies has had positive impacts such as changes in land ownership status, but also has negative impacts such as conflict and legal uncertainty. The level of community participation is proven to have a crucial role in the success of policy implementation. Factors such as unequal distribution of land, legal uncertainty, and lack of community involvement are obstacles to policy implementation in Sampali Village. It is recommended to revise agrarian law policies by considering input from the community and increasing their participation in the decision-making process. Strengthening institutions at the local level, participatory conflict resolution, and developing educational programs were also identified as important steps to improve sustainability and fairness in policy implementation. It is hoped that this research can contribute to a better understanding of the dynamics of agrarian law policy implementation at the local level and become a basis for improving policies that are more effective and inclusive.]]>
<![CDATA[Public Perceptions of Political Phenomena Without Vote Buying: Study on The 2020 Local Election ]]>
<![CDATA[Tirta Pandu Winata]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i2.2131
<![CDATA[Vote buying is a phenomenon that is often found in the arena of political contestation. However, there is a unique phenomenon in the 2020 Regional Head Election for Wonosobo Regency, which consists of one pair of candidates against an empty box. In the election (Pilkada), there was no indication of its use of money politics or vote buying, either by the candidate pair or the empty box support team. This study aims to analyze the perceptions of the people of Wonosobo Regency, who are familiar with the phenomenon of vote buying but have yet to find it in the 2020 Pilkada. The research method used in this study is a qualitative method with a descriptive approach. The results of this study indicate that three main components become symptoms and can indicate public perceptions of their absence of vote buying in the Pilkada of Wonosobo Regency in 2020. First, the cognitive component includes public knowledge and its implications for the view that there is no vote buying. Second, the affective component indicates a positive emotional aspect of vote buying. Third, the cognitive component that influences positive action after the above expectations of vote buying are not fulfilled.]]>
<![CDATA[Peran Serta Perkembangan Hukum Perseroan di Indonesia dalam Maraknya ISU Penyimpangan Hukum Perseroan ]]>
<![CDATA[Alfaatihah Intan Inayah]]>;
<![CDATA[Nevarezita Rahmanda Arsyilhakim]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2134
<![CDATA[Some of the existing issues examined in this study include: how is the development of a Limited Liability Company(hereinafter referred to as “PT”) in Indonesia after the enactment of Law Number 40 of 2007 on Limited Liability Company? This study uses normative research. How to obtain the data used in this study the use of secondary data collection techniques. The technique of collecting secondary data obtained from the study of literature. The analysis used in this study is qualitative analysis, the data obtained will be described in the form of information and explanations, will now be studied by experts, legal theories that are relevant, and the arguments of the own author. The results showed that PT was first set out in Article 36 through Article 56 Indonesian Commercial Code(Hereinafter referred to as “KUHD”). In addition, PT is regulated in Article 1233 to Article 1356 and Article 1618 to Article 1652 of the Indonesian Civil Code(Hereinafter referred to as “Kuhperdata”). New Orde, Indonesian Government issued Law Number 1 of 1995 on PT which became the lex specialis under Indonesian legal framework over KUHPerdata and KUHD. In the Era of Reform, Indonesian Government issued Law Number 40 of 2007 regarding on Indonesian Limited Liability Company Law. New things are regulated in the Law as follows: Social Responsibility and Environment (TJSL) which is an application of the concept of Corporate Social Responsibility (CSR), changes in the company's capital, the affirmation of the board of company’s responsibillity and registration of the company's own use of Information technololgy (IT) therefore that the company registration can be performed online.]]>
<![CDATA[Praktek Berbangsa Dan Bernegara Berdasarkan Ketuhanan Di Indonesia Dalam Kaitanya Dengan Teori Pembentukan Negara Teokrasi ]]>
<![CDATA[Riyanto Riyanto]]>;
<![CDATA[Avi Firzashafira]]>;
<![CDATA[Taufiqurrohman Syahuri]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2174
<![CDATA[Pancasila as a national ideology implies a religious view of the nation, which upholds the values of God Almighty. This is as determined in the constitution of the Republic of Indonesia, which is stated in Article 29 A paragraph (1) of the 1945 Constitution as a result of the amendment of Chapter XI which states that "The state is based on the Almighty God" so that religious legitimacy is still needed in various aspects of the life of the nation and state, so that it cannot be separated from the Theory of Theocracy which states that the supreme power in a country is God's power which means, no one has supreme power in a country, apart from God. The purpose of this study is to examine and analyse carefully the practice of the nation and state based on divinity in Indonesia in relation to the theory of the formation of theocratic states. The legal research method used is normative juridical legal research method by conducting research on library materials and using statute approach. The result of the research is that the practice of religious life should strengthen and strengthen unity, integrity, and national resilience with Pancasila as the state philosophy and ideology of the nation as a determinant of national integration, a source of ethics for state administration, and continue to clarify and reinforce the role of religion as a state direction in the nation and state.]]>
<![CDATA[Implementasi Peran Bahasa Indonesia Dalam Menghadapi Era Globalisasi Ditinjau Dari UU Nomor 24 Tahun 2009 ]]>
<![CDATA[Satrio Wicaksono Adi]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i1.2178
<![CDATA[Bahasa plays a very important role for people and society, for example by creating a tool to maintain the exchange of ideas between, among, or within groups of people within a particular group. Groups are also considered personal identities. Communication is an activity that unites, connects and builds relationships between many people. This scientific work aims to formulate the problem of the role of Indonesian in facing the era of globalization. This research uses a literature review method, which means this method examines the results of analysis of various conceptual information as well as qualitative and quantitative data from various previously published scientific articles. Almost all agreements in Indonesia are dominated by long sentences, up to eighty to one hundred words in one sentence. This is ironic, because Indonesian shouldn't be like that, thus showing clichéd mistakes that keep repeating themselves and lead to uncertainty. In short, understanding Indonesian is no longer the responsibility of a linguist or writer, but also of legal practitioners as the spearhead of law enforcement in Indonesia.]]>
