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Albertus Drepane Soge
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Jurnal Hukum Caraka Justitia
Published by Universitas Proklamasi 45 Yogyakarta
ISSN : -     EISSN : 28083512     DOI : http://dx.doi.org/10.30588/jhcj.v3i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Caraka Justitia is a periodic scientific journal published by the Faculty of Law of Proclamation University 45 twice a year. This journal is intended to collect scientific writing, a summary of research results, book reviews, or fresh original ideas that are mainly related to the study of Legal Science. The editorial invites experts, practitioners, or anyone with great concern for the development of science in these areas to submit their works.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2022)" : 6 Documents clear
Perlindungan Hukum Bagi Konsumen dan Pemegang Merek Terdaftar dari Pemanfaatan Merek Terkenal See, Benedictus Renny
Jurnal Hukum Caraka Justitia Vol. 2 No. 2 (2022)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (192.974 KB) | DOI: 10.30588/jhcj.v2i2.1403

Abstract

The tendency of consumers to buy and use famous brands is a lifestyle for some people in this modern era. Considering that generally goods/services of well-known brands have a relatively more expensive sale value when compared to non-branded goods/services, so their existence is often used by parties who are not responsible for producing counterfeit goods/ services or selling counterfeit goods/services with us and utilize well-known brands. Therefore the use of a well-known trademark that has been registered by another unauthorized party will bring legal impact and loss to many parties, the first party that loses is the owner of the registered brand, and this will lead to fraudulent competition, the second party to be disadvantaged is the consumer community who buy and consume counterfeit products using well-known brands which should be protected from misleading behavior, other parties who are also disadvantaged by the use of well-known brands are the government/country in addition to not getting fees from the distribution of these well-known brands will also affect the country's image from the international business environment. In this study, the author tries to find out how the form of legal protection against "Famous brand holders" and against "Cosmetics" from the illegal use of famous brands and what needs to be done by the government to protect the practice of using registered (well-known) brands from the use of parties who are not entitled to.
Perlindungan Hukum Bagi Konsumen dalam Sengketa dengan Pelaku Usaha Pengembang Perumahan Wibowo, Sigit
Jurnal Hukum Caraka Justitia Vol. 2 No. 2 (2022)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (203.307 KB) | DOI: 10.30588/jhcj.v2i2.1282

Abstract

The purpose of this study is to find out and examine why the form of legal protection for consumers in disputes with housing developers is still not optimal. The approach method used is normative juridical. This approach is intended to be a type of dogmatic research and a form of descriptive research concerning laws. Furthermore, the specification of this research is descriptive-analytical, namely by providing an overview of the problems raised and providing an analysis of the problem to be able to provide answers to these problems. Methods of data collection using library research that is testing the document materials and library materials used in this study. The data were analyzed qualitatively normative, namely conducting research by interpreting and constructing statements contained in statutory regulations. The thesis statement is that the Consumer Protection Act in the implementation of the protection of consumer rights has not been fully realized, mainly related to behavior to fight for rights, such as advocacy rights and the right to obtain compensation. The obstacles to implementation are related to factors that are not known in detail about the rights and obligations of the consumers. So housing consumer protection in the Consumer Protection Act had not played a role as expected when it was enacted, namely providing legal protection for consumer rights. This can be seen from the many violations related to buying and selling houses, where the parties who are greatly disadvantaged here are the housing consumers. Government control is still weak on business actors in the housing industry or developers, only limited to licensing alone, while regarding the interaction or direct relationship between developers and consumers, the government does not intervene.
Penerapan Restorative Justice Kepolisian Terhadap Pencemaran Nama Baik dalam Dunia Digital Hartanto, Hartanto; Budiarto, Djoko; Rhiti, Hyronimus
Jurnal Hukum Caraka Justitia Vol. 2 No. 2 (2022)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (188.851 KB) | DOI: 10.30588/jhcj.v2i2.1100

Abstract

The National Police of the Republic of Indonesia is given a very broad authority in carrying out its duties as the main task of the National Police, among others Harkamtibmas, Protecting, Mengayami, Serving the community and Law Enforcement, in which it is also given another authority that is discretionary police an authority to perform actions based on the conscience of police members on duty and supported by the rules that exist in police institutions. The issue that will be discussed is whether the concept of Restorative Justice in accordance with the Circular letter of the Police Chief Number SE/2/II/2021 on Ethical Cultural Awareness to Realize a Clean Digital Space of Indonesia, Healthy, and Productive can be applied in accordance with the Law of the Republic of Indonesia No. 19 of 2016 Amendments to Law No. 11 of 2008 on Information and Electronic Transactions and Criminal Defamation regulated in the Criminal Code as an alternative to suppress cybercrime, but also must be able to as a deterrent effect in order to provide protection for the human rights of others.
JHCJ Editorial, Vol. 2 No. 2, November 2022 JHCJ, Editor
Jurnal Hukum Caraka Justitia Vol. 2 No. 2 (2022)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.412 KB)

Abstract

Jurnal Hukum Caraka Justitia merupakan jurnal ilmiah berkala yang dikelola oleh Fakultas Hukum Universitas Proklamasi 45 Yogyakarta dua kali dalam satu tahun. Jurnal ini dimaksudkan untuk mengumpulkan tulisan ilmiah, ringkasan hasil penelitian, resensi buku, atau ide-ide orisinal yang baru terkait dengan kajian ilmu hukum. Redaksi mengundang para pakar, praktisi, atau siapa saja yang memiliki kepedulian besar terhadap perkembangan ilmu pengetahuan di bidang hukum untuk mengirimkan karya-karyanya. Jurnal Hukum Caraka Justitia is a periodical scientific journal organised by the Faculty of Law, Universitas Proklamasi 45 twice a year. This journal is intended to collect scientific writings, summaries of research results, book reviews, or new original ideas related to the study of law. The editors invite experts, practitioners, or anyone who has great concern for the development of science in the field of law to submit their works.
The Impact of The Special General Election Judiciary on The Authority of The Constitutional Court Lobubun, Muslim; Anwar, Iryana
Jurnal Hukum Caraka Justitia Vol. 2 No. 2 (2022)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (242.104 KB) | DOI: 10.30588/jhcj.v2i2.1372

Abstract

This study aims to analyze the establishment of a special general election Judiciary and to analyze if the special Judiciary can take over the constitutional court’s authority in handling the electoral disputes without going through changes to Article 24-C of the 1945 Constitution especially paragraph 1. The approach applied in order to answer the problems and objectives of this research was a normative juridical approach. This study employed several approaches to legal issues including the Statutory Approach, the Conceptual Approach, and the Historical Approach. The results of this study explain that although it has been mandated in Article 157 paragraph (1-2) of Law No. 10 of 2016 on a special general election Judiciary. However, the constitutional court’s authority is still well-maintained until the 2024 general elections or amendments to Article 24-C to such an extent that it concerns electoral disputes. The constitutional authority cannot be transferred immediately to the Special Courts according to Articles 156 and 157 of Law No. 10 of 2016 because there is no amendment to Article 24-C. Therefore, the constitutional court’s authority is still well-maintained until the special court is regulated by a special law.
Kewenangan Penyelesaian Sengketa Pemilihan Kepala Daerah Pasca Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022 Saragih, Geofani Milthree
Jurnal Hukum Caraka Justitia Vol. 2 No. 2 (2022)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (131.391 KB) | DOI: 10.30588/jhcj.v2i2.1380

Abstract

Indonesia is a country that upholds people's sovereignty which is carried out based on law, this is confirmed constitutionally in Article 1 paragraph (2) of the 1945 Constitution. In electing leaders, the people are allowed to determine them directly, namely through an election process. At the regional level, there are Regional Head Elections (Pilkada). Initially, the Supreme Court had the authority to resolve regional election disputes as emphasized in Article 106 paragraph (1) of Law Number 32 of 2004 concerning Regional Government. In its development, this authority was transferred to the Constitutional Court with the passing of Law Number 12 of 2008 concerning the Second Amendment to Law Number 32 of 2004 concerning Regional Government. Then, the authority of the Constitutional Court in deciding disputes over regional head election results was declared unconstitutional through Constitutional Court Decision Number 97/PUU-XI/2013. However, in the end, the Constitutional Court again took over the authority to resolve regional election disputes through Constitutional Court Decision Number 85/PUU-XX/2022. In this study, we will discuss the authority to resolve regional election disputes while still at the Supreme Court. Then, the following discussion examines the discourse on forming a particular judicial body in resolving regional election disputes. The final debate will examine the authority to resolve regional election disputes of the Constitutional Court from when it was still a temporary authority until it became a permanent authority after Constitutional Court Decision Number 85/PUU-XX/2022.

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