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INDONESIA
Legalpreneur Journal
Published by Universitas Dharmawangsa
ISSN : 29620961     EISSN : 29649889     DOI : https://doi.org/10.46576/lpj.v1i1
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Other
We provide editors and reviewers on topics related to legal issues globally. The scope of articles published in this journal is related to the Department of Law available in the Master Of Law at Dharmawangsa University, where the purpose of this journal is to provide a forum for academics, practitioners and researchers to publish research manuscripts or conceptual manuscripts. The scope of articles published in this journal deals with topics in the fields of Comparative Law, Customary Law, Constitutional Law, Administrative Law, Criminal Law, Civil Law, International Law, Islamic Law, Environmental Law, Economic Law, Medical Law and other discussions related to the study of law.
Arjuna Subject : Umum - Umum
Articles 72 Documents
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The Use Of Mediation In Maritime And Fisheries Dispute Resolution Gayo, Sabela
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3718

Abstract

AbstractThe sea is one of the boundaries between countries and is one of the sources of income and life of a nation, Marine Management provides benefits that are so great that all parties orcountries want to explore and exploit these resources, including the high seas, so thatsometimes it causes disputes between partiesincluding between countries in carrying outits management. Disputes that occur can be resolved nationally or internationally,depending on the parties to the dispute in it. Internationally, the settlement of fisheriesdisputes that occur at sea can be resolved peacefully between the two parties, but if apeaceful agreement between the parties cannot be reached , then the procedure forresolving fisheries disputes at sea can be done by mediation methods, namely cooperativemaritime diplomacy, persuasive maritime diplomacy and coercive maritime diplomacy.Keywords: Alternative Dispute Resolution, Marine, Fisheries
Legal Protection For Outsourced Workers Who Are Dismissed Due To Disability Due To Work Accidents Hermawan, Hermawan; Rilawadi, Rilawadi; Azmi, Syariful
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.2638

Abstract

Workers / laborers can get work accident insurance if the employer or company has registered themselves and their workers as participants in the BPJS Ketenagakerjaan program. Based on the results of the study, the conclusion in this study is that the legal relationship between companies and workers based on Labor Law is the relationship between employers and workers/workers based on labor agreements, which have elements of work, wages, and orders and are regulated in Law Number 11 of 2020 concerning job creation. Based on Law Number 11 of 2020 concerning job creation Article 116, Article 117, Article 123 Article 124 and Article 151. One of the obligations of employers is to provide protection and safety for outsourced labor, especially for workers who have had work accidents who perform one job related to employment relations, in accordance with Article 151 Number 1 of the job creation Law Number 11 of 2020 stating employers or workers, unions/trade unions, and the government, with all efforts must try to avoid layoffs. Work accident that occurred in Sujatmiko resulting in defects in the hand, but as a result of the incident Sujatmiko laid off from his workplace, namely PT. PT. BIA without severance pay. Dinasker party gave a summons to PT. BIA. Then there was a bipartite meeting between Sujatmiko and PT. BIA accompanied by PT. KMP running Time 2 weeks finally PT. BIA issued severance pay of Rp.60,000,000 to Sujatmiko provided that the money given to PT. KMP to be channeled to Sujatmiko.
Copyright Protection Against Plagiarism Nugraha, Dede Aditya
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.4733

Abstract

Forms of repressive protection of copyright law authors can make a prosecution against the person on the paper. Preventively, the author who publish written works through electronic media also get protection laws of the government aimed at preventing before a violation occurs. Then, legal consequences if there is a violation of written works through electronic media, namely, repressively, the person who commits a violation of a copyrighted work in this case paper, it will be sanctioned in the form of fines, imprisonment, and additional penalties given the government when the authors are harmed prosecution. In Law- Basic Law No. 28 of 2014 on copyright also explained that “copyright is exclusive rights of the creator arising automatically on the basis of the declarative principle after a creation is realized in tangible form without prejudice to the restrictions in accordance with the provisions legislation".
The Use Of Mediation In Industrial Dispute Resolution Gayo, Sabela
Legalpreneur Journal Volume 2, No. 2 April 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i2.4326

Abstract

Administrative legislation and / or economic administrative law that “involves” criminal law in Indonesia is quite a lot. One example is Law No. 20 of 2016 on brands and Geographical Indications involved in the development of industry. Problems of criminal law in the field of administrative law and economic law, especially in the enforcement and protection of intellectual property rights have not shown action in line with the spirit of law formation. One form of violation of the law that is currently growing in Indonesia is duplication of copyright. But so far, efforts to provide legal protection for copyright holders seem inadequate. Even in the process of implementing law enforcement, it is not uncommon for copyright infringement cases to run aground in the middle of the road. Seeing the problems in the enforcement of economic criminal law, especially in the field of intellectual property rights, gave birth to an alternative discourse on the resolution of criminal disputes in the field of intellectual property rights, especially against violations of brand rights. How is the concept of industrial criminal punishment related to brand and geogtaphic indications, and whether mediation is the right choice in resolving industrial disputes.
Legal Sanctions Against Perpetrators Criminal Persecution That Resulted Serious Injury (Case Study Medan District Court Decision No. 000/ Pid.Sus/2022/Pn.Mdn) Azmi, Syariful; Kusbianto, Kusbianto; Zuliah, Azmiati; Fitriana, Fitriana
Legalpreneur Journal Volume 1, No. 2 April 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i2.3138

Abstract

Criminal acts of persecution it is a form of action that can harm others that is against the physical. One of them that can cause serious injury or it can even cause loss of life somebody.The act occurred the factors include less public behavior well controlled due to low level of education and environmental influences, less Association good that eventually resulted disputes both personal and groups. Problems that appointed in this study are how is the application of criminal law against the crime of persecution this resulted in severe injuries in The Samarinda District Court and what to consider judge's decision to drop verdict against criminal acts the resulting persecution serious injuries in court (Case Study Medan District Court Decision No. 000/ Pid.Sus/2022/Pn.Mdn
Comparison Of Criminal Sanctions Against Sexual Harassers In Indonesia And Malaysia Satar, Abdul; Surnada, Surnada; Sitompul, Ariman
Legalpreneur Journal Volume 2, No. 2 April 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i2.4225

Abstract

State on sexual harassment. This article uses normative research methods with a legislative approach and a comparative approach to the laws of Indonesia and Malaysia. Based on the results of the analysis conducted by the state of Indonesia and Malaysia have similarities in defining sexual harassment. Sexual harassment is part of sexual violence in the form of sexual acts through physical and non-physical touch with the target sexual organs or sexuality of the victim. Sexual harassment through physical touch in the form of poking or touching parts of the body. Sexual harassment in Indonesia is regulated by Law Number 12 of 2022 concerning the crime of sexual violence, while the criminal law on sexual harassment in Malaysia is regulated by the Anti-Sexual Harassment Law 2022. The threat of punishment for perpetrators of sexual violence in Indonesia is the highest 12 (twelve years) and/ or a maximum fine of Rp300, 000, 000.00 (three hundred million rupiah). While the threat of punishment for perpetrators of sexual violence in Malaysia is the highest 10 years or a fine or both.
The Urgency Of Corruption Crimes In The Perspective Of Islamic Criminal Law Nurhayati, Nurhayati
Legalpreneur Journal Volume 1, No. 2 April 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i2.3133

Abstract

Corruption is an extraordinary crime and can even be categorized as an international crime. corruption has been categorized as a very serious crime and has an impact on the stability of a country. The fact is that despite the existence of corruption laws and money laundering laws in Indonesia, Corruption is increasing. Thus, this paper examines how corruption is assessed as a crime in the perspective of Islamic criminal law. The research was conducted by optimizing the literature data and secondary data review. This study shows that this corruption crime does not get a single discussion in Islamic law, but is likened to the act of theft, robbery or taking other people's things without permission.
The Process Of Investigating Civil Servants (PPNS) Customs Regional Office Of The Directorate General Of Customs And Excise (DJBC) North Sumatra In Cracking Down And Investigating Customs Smuggling In Its Jurisdiction Hutagalung, Gindo F.M
Legalpreneur Journal Volume 1, No. 1 October 2022
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v1i1.4739

Abstract

Smuggling and illegal sectors have severely damaged Indonesia's economic structure. Indonesia's economy has been dominated by illegal market economy, the indication can be seen in the occurrence of a large difference between production capacity and domestic consumption levels, whereas the number of imports continues to decline. Actors can achieve large profits due to price differences or disparities, the gap between the index of production of large and medium industries and total consumption, including household consumption, is getting bigger. This reality proves the high level of smuggling in Indonesia. The research method used is normative and empirical juridical research. The nature of the research used in this study is descriptive analysis. The data sources used in this study are primary and secondary data. The method of data analysis used in this study is descriptive qualitative. Based on the results of the research, the conclusion in this study is the regulation of Customs crimes contained in the law of the Republic of Indonesia No. 17 of 2006 on amendments to Law No. 10 of 1995 on customs, which can be found in Article 103 letter A, Article 103 letter b, Article 103 letter c, Article 103 A, Article 103 letter d, Article 104 letter a, Article 104 letter b, Article 104 letter c, Article 104 letter d, Article 105, Article 107. As for smuggling as a customs crime, it is regulated in Article 102 and Article 102 A. Handling the eradication of counterfeit goods based on Law No. 17 of 2006 on customs at the Belawan Customs and Excise Office is carried out in several stages, namely through examination of goods by conducting document research and physical examination, investigating goods that are suspected of being fake or not in accordance with existing documents, taking action against goods that are strongly suspected of being counterfeit, and the last is investigating counterfeit goods located in the Belawan customs area or territory. In carrying out its functions, Belawan Customs and Excise Office often faces obstacles, including the Director General of Customs and Excise does not have its own provisions in handling the eradication of counterfeit goods, which means it is still interrelated with agencies related to these goods later.not having a clear basis for consideration in the form of guarantees or determining the amount for the suspension and issuance of counterfeit goods, the authority for the destruction of goods resulting from IPR violations is not clearly stated
The rights and obligations of consumers, banks and developers in the home purchase agreement through the home ownership loan facility (STUDY PT.PILAR WAHANA SEJATI) Ahadin, Ahadin; Azmi, Syariful; Sahputra, Rilawadi
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5129

Abstract

This study aims to (1) Examine and analyze the legal relationship between consumers and developers due to the Home Purchase Agreement. (2) reviewing and analyzing the legal protection of Home consumers due to the obligations of the developer due to the house sale and purchase agreement. The research method used is juridical normative by using conceptual (conceptual approach). Data analysis is done qualitatively by utilizing relevant positive theories and laws. Legal protection of consumers is regulated in law No. 8 of 1999 on consumer protection this law is expected to protect consumers in buying and selling homes through home ownership credit facilities. Based on the rules of law ,then in making the sale and purchase of houses must be made in the form of an authentic deed that is a deed that is made in the form specified by law and made before the competent public officials. Deed of sale and purchase under Article 617 of the Civil Code Kepmenpera number 09/1995 and PP24 / 1997, The Deed of sale and purchase must be signed by the seller and buyer in the presence of PPAT.
Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City Pramono, Rahman; Sahputra, Rilawadi; Kusbianto, Kusbianto
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5128

Abstract

The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.

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