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Albertus Drepane Soge
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Jl. Proklamasi No. 1 Babarsari, Caturtunggal, Depok, Kab. Sleman, Daerah Istimewa Yogyakarta, 55281
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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 69 Documents
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Perlindungan Hukum Bagi Pemegang Merek Dagang Terdaftar dengan Penerapan Prinsip First To File Terhadap Pihak Lain : Studi Kasus Putusan MA Nomor 161K/Pdt.Sus-HKI/2023 Wibowo, Sigit
Jurnal Hukum Caraka Justitia Vol. 3 No. 2 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v3i2.1675

Abstract

This research aims to determine and analyze the form of legal protection for registered trademark holders based on the first-to-file principle against other parties who have bad intentions in the form of resembling the reputation of the registered trademark. The research uses a statutory approach and a case approach related to applying the first-to-file principle for registered brand owners toward parties passing off the registered mark. Like the case of the registered trademark MS Glow in the Supreme Court cassation decision Number: 161K/Pdt.Sus-HKI/2023). The qualitative analysis method is built based on data and substance originating or sourced from various literature, books, journals scientific works, laws, and regulations.The result of this research is the legal protection for the registered trademark holder (MS Glow) to have the right to their trademark and the right to produce their cosmetic brand, and for other parties (PS Glow) to no longer use their brand because the principle of first to use and first to file exists in the owner of the MS Glow trademark. As a legal consequence of the Supreme Court's cassation decision, PS Glow must stop cosmetic products (PS Glow) and withdraw all PS Glow brand products from the cosmetics business. Considering that the result of this decision is a decision at the cassation level, the decision has permanent legal force.
Analyzing Negative Advertisements from Legal Framework in Indonesia and The Impact on Indonesia Business Pramono, Ardiyanto; Mumpini, Danandaka
Jurnal Hukum Caraka Justitia Vol. 3 No. 2 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v3i2.1678

Abstract

Negative advertisement has been a marketing strategy in Indonesia’s business world. However, the debate around this strategy has occurred due to divided opinion. While several parties agreed that it is a common practice, others are against negative advertisements since the impact will corrupt the vision of a sustainable economy in Indonesia entirely and have negative impacts on the development of Indonesian business. This research analyses the legality of negative advertisements in Indonesia in various contexts, such as Consumer Protection Law, Information and Electronic Transaction Law, and Fair Business Competition Law.Later, the research will discuss the impacts of existing laws on negative advertisements and recommendations on how to tackle the negative impacts of negative advertisements. Finally, the research is done by the normative-judicial method. It explores the element of law-sociology to explain the phenomenon of negative advertisement and the future impacts due to the flaws of existing laws.
Efektivitas Pemanggilan Surat Tercatat dalam Menciptakan Peradilan yang Sederhana, Cepat, dan Biaya Ringan: Pasca Peraturan Mahkamah Agung Nomor 7 Tahun 2022 Dewantoro, Dewantoro
Jurnal Hukum Caraka Justitia Vol. 3 No. 2 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v3i2.1684

Abstract

The summons for court summons and notification of court decisions to litigants keep up with the times by keeping up with developments in information and communication technology. The use of registered mail services replaces the role of the bailiff in summoning and notifying the decision. The hope for this change is to create justice that is simple, fast, and low-cost, but in the field, the role of registered mail services is not yet as expected.This research is normative juridical research to find research results that the use of registered mail services has not been effective in helping to create justice that is simple, fast, and low cost. The court needs to carry out socialization, and training in procedural law as well as monitoring and evaluation on cooperation in the use of mail services with PT Pos Indonesia (Persero). Administrative risks can be taken by the interested parties if errors in summons and notification of court decisions and decrees continue to be repeated. 
Analisis Penanganan Kesalahan Profesi Medis dan Kesehatan Dalam UU Nomor 17 Tahun 2023 Tentang Kesehatan Menurut Perspektif Hukum Kesehatan Soge, Albertus D
Jurnal Hukum Caraka Justitia Vol. 3 No. 2 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v3i2.1690

Abstract

Health Law is a Lex Specialist law used to protect providers and receivers of health services. The new Health Law, namely the "Omnibus Law" Law Number 17 of 2023 concerning Health, makes changes in the regulation of handling medical and health professional errors. From the results of the discussion, it is concluded that the provisions for handling medical and health professional errors in Law Number 17 of 2023 have better protected medical and health personnel, but some provisions are not following the Health Law paradigm so that they can cause disadvantages on the side of providers and receivers of health services.
JHCJ Editorial, Vol. 3 No. 2, November 2023 JHCJ, Editor
Jurnal Hukum Caraka Justitia Vol. 3 No. 2 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.
Pergulatan Perpanjangan Masa Jabatan Kepala Desa dalam Perpektif Hukum dan Demokrasi Luhukay, Roni Sulistyanto
Jurnal Hukum Caraka Justitia Vol. 4 No. 1 (2024)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v4i1.1804

Abstract

The current village head's term is considered insufficient to develop the village due to tension and polarization after the village head election, and the village head's term of office is too short which will fail to achieve the vision and mission. In this research, the researcher used a normative legal research method, with this method it will be able to provide an overview of the problem of extending the term of office which has the potential to make the democratic climate unhealthy and can foster oligarchy in the village. Democracy is interpreted as an effort to limit power and build elite circulation as part of ending oligarchy and excessive accumulation of power. Extension of the village head's term of office is considered to injure the spirit of democracy itself considering that elite circulation does not occur briefly and accumulation carried out over a long period will foster dictatorial power.
The Importance of Renewing The Whistle Blower Regulation for Corruption Crimes in Indonesia Patria, Vincentius
Jurnal Hukum Caraka Justitia Vol. 4 No. 1 (2024)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v4i1.1833

Abstract

The existence of whistleblowers in disclosing corruption plays a very important role considering that corruption is carried out in a very neat and organized manner. Disclosure of corruption by a whistleblower certainly carries huge risks because the testimony given by the whistleblower is detrimental to the corruptor. The role of the whistleblower certainly needs to be provided with adequate legal protection. The purpose of writing this article is to analyze the concept of updating legal protection for whistleblowers in the future.This article was written using normative legal research methods with a statutory approach and a conceptual approach. The results of this research show that comprehensive protection is not only limited to legal protection and special protection that applies during the criminal justice process but also needs to be implemented after the criminal justice process has been completed, and it is necessary to reform institutional whistleblower protection. 
Tinjauan Yuridis tentang Penetapan Sebagai Saksi Pelaku yang Bekerja Sama (Justice Collaborator) pada Kasus Tindak Pidana Korupsi di Indonesia See, Benedictus Renny
Jurnal Hukum Caraka Justitia Vol. 4 No. 1 (2024)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v4i1.1837

Abstract

The purpose of this study is to analyze the laws and regulations governing the legal position and role of justice collaborators, especially regarding the criteria for a person to be designated as a justice collaborator and what is the limit of legal reduction for a justice collaborator. This research is a normative juridical research that is descriptive and analytical, using a legislative approach related to the role and position of justice collaborators in corruption crimes. Data is obtained through document studies and analyzed using qualitative normative methods.Based on the results of the research, it is known that the determination of a person to be able to serve as a Justice Collaborator has not been expressly regulated in the Criminal Code or laws and regulations governing corruption crimes and there are no rules governing the amount of sentence reduction that can be received by a justice collaborator. The suggestion of this research is the need for a special regulation on justice collaborators which regulates the determination as a cooperating whistleblower (justice collaborator), especially about the definition of “Main Perpetrator” and the need for a clear determination of the amount of sentence reduction that can be given to a justice collaborator as a guideline for law enforcers in determining a person as a justice collaborator in a corruption case.
Prinsip Deklaratif Sebagai Wujud Perlindungan Hukum Bagi Pemegang Hak Cipta Atas Ciptaan Sketsa Tugu Selamat Datang di Jakarta : Studi Kasus Putusan Nomor 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Ps Wibowo, Sigit
Jurnal Hukum Caraka Justitia Vol. 4 No. 1 (2024)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v4i1.1838

Abstract

The research aims to determine and analyze the resolution of copyright holder disputes over creative works of sketches of the welcome monument in Jakarta based on declarative principles based on Indonesian positive law. The research method uses normative juridical research. This type of research is intended as a type of dogmatic (doctrinal) research and a form of descriptive research about laws. The approach to this research is a statutory approach and a case approach related to the application of the declarative principle for the copyright holder of a creative work, Sketsa Tugu Selamat Datang, against other parties who use the sketch's copyrighted work, without the permission of the copyright holder, such as in cases of copyright infringement. sketch of the welcome monument registered in case Decision Number: 35/Pdt.Sus-Hak Copyright/2020/PN Niaga Jkt.Ps).The results of this research are a form of legal protection for copyright holders for the Selamat Datang Monument Sketch, namely that the copyright holder has received automatic rights protection (declarative principle) if a work has been created or realized, and has received recognition from the state even though the work has not been registered or published. As well as providing legal protection for moral rights, economic rights (royalties), and rights related to copyright holders. These aspects have characteristics that must be carried out to be fulfilled in law enforcement. Another form of legal protection is a judge's decision that punishes PT. Grand Indonesia (defendant) to pay for material losses suffered by Seana Meaya Nunjung and other heirs (plaintiffs) due to the use of the PT Logo. Grand Indonesia, which is paid in full and at once after the verdict in this case, has permanent legal force.
Batasan Pertanggungjawaban PPAT Terhadap Ketidakabsahan Dokumen Kelengkapan Persyaratan dalam Sistem Hak Tanggungan Elektronik (HT-EL) Buditama, Fitriya Nurmayuvita; Olii, Indah Wahyuni; Azizah, Theanya Putri
Jurnal Hukum Caraka Justitia Vol. 4 No. 1 (2024)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v4i1.1839

Abstract

This research aims to analyze the limits of PPAT's responsibility for documents completing the requirements in the Electronic Mortgage System (HT-el) as well as analyze the legal protection of PPAT as the person responsible for the validity and correctness of documents in the HT-el system. The research was conducted by the authors using a normative juridical writing method with descriptive analysis with a conceptual approach and a statutory approach. The legal sources used are primary, secondary, and tertiary legal sources using literature study methods and then analyzed by the author using systematic, extensive, and comparative interpretation. The limitation of PPAT's responsibility for the HT-el system is limited to the process of making a statement letter. If PPAT has carried out its duties and procedures by the provisions then it cannot be punished by Article 51 Paragraph 1) of the Criminal Code and according to Supreme Court Jurisprudence 385/K/Pid/2006. PPATs in carrying out their profession receive legal protection, namely preventive legal protection and repressive legal protection. PPAT's preventive legal protection in carrying out each of its duties and authorities must be based on the precautionary principle. Repressive legal protection: A PPAT can make efforts to defend themselves and receive legal assistance in the form of advice, input, or assistance during the investigation process.

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