Lex Journal : Kajian Hukum dan Keadilan
Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for law and justice observers in their contribution to the development of law. Editors accept independent writings which can be in the form of articles, studies, and research results related to the field of law and justice, in Indonesian and English according to the writing style.
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104 Documents
<![CDATA[KSISTENSI HUKUM ISLAM DALAM PEMBENTUKAN HUKUM PIDANA DI INDONESIA ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i1.1223
<![CDATA[ABSTRACTIndonesia is a legal country that has experienced such a long legal history process. The existence of law in Indonesia become a necessary in order to arrange the citizen life. Before the independence, Indonesia followed custom laws and religious laws of the society. One of them is Islamic law having lived among the Indonesian people before the freedom time. This Islamic law has lived along with the Custom Law in Indonesia and being obeyed by the society based on the awarness each individual. Therefore, it is not suprisingly that the Islamic and Custom laws have higher position than the Positive law taken from the colonial/west law. Thus, in formulating the National Law, the Islamic and Custom laws become the material sources stated in formulating a positive law. Moreover, the formulating of the National Law, including the criminal law, needs the contribution of the Islamic law as well as the Custom and West Laws. The history of criminal law development in Indonesia has filled with Islamic values, because the socialization process of the Islamic law integrated with the custom development in resolving the celriminal cases. Keyterms: The Existence of Islamic Law, Criminal Law, National Law.]]>
<![CDATA[KRITERIA TANDA PUBLIC DOMAIN YANG DIGUNAKAN SEBAGAI MEREK ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i2.1409
<![CDATA[This study examines the Criteria for Signs of Public Domain Used as a Brand. This research is legal research by using a method that is in accordance with the scientific characteristics of Law (jurisprudence), namely normative legal research. Concluded also some signs of criteria in the Public Domain Trademark law, namely: Public Domain because it is over the protection period, the Public Domain for distinguishing the substantive requirements are not met. (Article 20 letter (f) UU No. 16/2016 on Trademarks and Geographical Indications), Public Domain because it includes the area of public property, Public Domain because it does not open rivalry, Public Domain because it includes Public Knowledge. Public Domain since its birth, Public Domain because of government policy, Public Domain because something that can be enjoyed by everyone at any time, Public Domain because it is a public good, and Public Domain because there is no scarcity and is available to all]]>
<![CDATA[KRITERIA INGKAR JANJI PADA PEMBIAYAAN MUSYARAKAH DI BANK SYARIAH ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i2.1410
<![CDATA[Musyarakah is a cooperation contract between two or more parties for a particular business that each party provides a portion of the fund provided that the profit will be divided according to the agreement, while the loss will be borne in accordance with the respective portion of the fund. When a customer does not provide a profit sharing ratio, it is categorized as a broken promise. So the problem that will be analyzed is that the customer criteria are said to breach of contract to musyarakah financing. The approach used in this study is the legislative, conceptual and case approach. The criteria of breach of contract for musyarakah financing when the customer does not have good intentions in carrying out payment according to the agreed time period or the customer does not carry out payment of principal and profit sharing ratio while the business is still running so that there is still income earned by the customer. Then the customer is obliged to fulfill it in accordance with a contract that has been mutually agreed upon.Keywords: breach of contract, musyarakah, sharia bank]]>
<![CDATA[UPAYA PREVENTIF DAN REPRESIF TERHADAP PROSTITUSI ONLINE BERDASARKAN PERATURAN PERUNDANG-UDANGAN YANG BERLAKU DI INDONESIA ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i2.1411
<![CDATA[The crime of online prostitution is a renewal of conventional prostitution. If conventional prostitution only uses one place facility/building to run an illegitimate business. In contrast, online prostitution only uses technological, the internet that makes it easier for prospective users with male / female commercial sex workers (PSK) or between potential users with pimps, PSK service brokers. The mode used is to use the means of electronic information exchange, photo exchange, video and finally meet in one place to have intimate relationships and make payments for these services. This writing uses a normative juridical method, analyzes the laws and regulations that apply to legal phenomena, online prostitution. The Conclutions are: there are factors that cause online prostitution: 1. internal factors such as family factors and friendships; 2. External factors such as avoiding tracking officers and economic factors to obtain large amounts of money but quickly. Preventive efforts can be made through educational facilities, means of economic equality & employment in the informal sector, increasing social & cultural awareness starting from the neighborhood of Neighborhood Groups (RT), supervising boarding houses or apartments / flats so as not to be misused as a place of prostitution. Whereas the repressive efforts that can be carried out are through means of providing legal sanctions based on the prevailing laws and regulations, online prostitutes, both users of commercial sex workers, prostitutes and pimps. The purpose of the criminal sanctions is to make deterrence, so that no other people will carry out online prostitution & so that these former prisoners can be well received in society.]]>
<![CDATA[HAK CIPTA SEBAGAI SUATU OBJEK JAMINAN FIDUSIA ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i2.1412
<![CDATA[Copyright is the exclusive right of the creator that arise automatically based on the principle of declarative after an invention is embodied in a tangible form without prejudice to the restrictions in accordance with the provisions of the legislation. Copyright can be used as the object of fiduciary cause it has an economic value. Creditors are willing to give the debt to the debtor, if debtor can provide wealth to ensure smooth payment of debts. The object of fiduciary is not controlled by the creditor, but remains dominated by the debtor. There is no physical delivery of goods, only the economic rights of copyright can be transferred. Copyright may be encumbered by fiduciary guarantee provided that the encumbrance be put not over the copyrighted work, but on its economic value. In order to be secured under fiduciary claim, copyright must be registered with the Cirectorate General of Intellectual Property Rights]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PEMAKAI OBAT KADALUARSA ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i2.1413
<![CDATA[Health has a very important meaning for humans, and humans must maintain good health. Health can be maintained by taking drugs, drugs have a purpose and various. Circulation of drugs in the community a lot and the Drug and Food Supervisory Agency is authorized to supervise drug distribution in the community. The distribution of the drug must obtain a marketing permit from the Food and Drug Supervisory Agency and must include an expired date label.The more drugs in circulation, the public does not know the drugs have expired. If drug expiration circulates the authority of the Drug and Food Supervisory Agency to monitor and sanction. Users of expired drugs can be given recovery or compensation.]]>
<![CDATA[AKIBAT HUKUM PEMISAHAN KEKAYAAN NEGARA MELALUI PENYERTAAN MODAL ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 2 (2018): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i2.1414
<![CDATA[The present state finances can not be seen as only the state's role as the authority, the roles / actions outlined in the State Budget. Differences in the understanding of state finances is also due to differences in the definition of state losses. Not only related to the definition of loss to the state, problems related to the wealth of a country that has invested in state-owned through equity participation led to various problems, among others related to the status of the State Treasury were separated. Besides the differences in the definition of the State Treasury and Financial Limited, causing some company directors who have capital from countries not hesitate in taking business decisions because they must be confronted with the threat of the risk of financial loss to the country and the threat of corruption. If the loss is equal to loss of state-owned it conflicts with limited liability.]]>
<![CDATA[Harmoni Pengaturan Surat Ketetapan Penghentian Penyidikan oleh Kepolisian Negara Republik Indonesia. ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 3 No 1 (2019): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v3i1.1813
<![CDATA[Starting from the Separation of the National Police of the Republic of Indonesia (Indonesian National Police) and National Tentana Indonesia (TNI), with the Decree of the People's Consultative Assembly of the Republic of Indonesia Number VI / MPR / 2000, and continued with the establishment of Law Number 2 of 2002 concerning the Republic of Indonesia National Police amendment to Law Number. 28 of 1997 and Law Number. 13 of 1961 concerning the National Police of the Republic of Indonesia. In these changes there are legal problems, and need to be studied. By using clear legal theories and concepts, it is hoped that they can find answers to the legal problems of regulating the cessation of investigations by police investigators.Keywords: Harmony of regulation of termination of investigation by the National Police. ]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KEKERASAN PSIKOLOGIS DIDALAM RUMAH TANGGA DARI ORANG TUA ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 3 No 1 (2019): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v3i1.1814
<![CDATA[Domestic violence is a classic problem in the world of law and gender. Althougt the legal umbrella for protecting victim from domestic violence is already existing, namely law number 23 of 2004 concerning the elimination of domestic violence, this is not enough to anticipate the violence in this chase the need for attention and legal protection for government, law enforcement officer, and from the community so that everyone who hears, sees, or knows about the occurrence of domestic violence is obligated to take preventive measure and provide assintance. actually what is the cause and what kind of protection for women victim of criminal acts of violence in the hosehold that are regulated in indonesia positive law.keywords: legal protection, domestic violence]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI NASABAH PERUSAHAAN PERGADAIAN ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 3 No 1 (2019): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v3i1.1815
<![CDATA[Preventive legal protection for customers of pawnshop company has been adequately regulated in the Financial Services Authority Regulations, namely regarding the requirements for legal entity forms, ownership and capital. In addition, there are restrictions that must be obeyed by pawnshop company as a form of protection for customers. Whereas repressive protection is a dispute resolution mechanism through the settlement of complaints made by the pawnshop company and dispute resolution through a court or an outside judicial institution, namely through an alternative dispute resolution institution.Keywords: Protection, customers, pawnshop company ]]>
