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Perkara: Jurnal Ilmu Hukum Dan Politik
Published by Universitas Sains Dan Teknologi Komputer
ISSN : 29887755     EISSN : 29885213     DOI : 10.51903
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 251 Documents
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Perlindungan Hukum Konflik Batas Wilayah Sipadan Dan Ligitan Dalam Hukum Internasional Seri Mughni Sulubara; Oni Tri Asri; Maulida Maulida; Sinta Amelia; Hasma Yanti; Namira Simah Bengi; Maula fitri; Zikri Yandi; M Fizza Anggara; Diana Juwita; Fachrul Razi; Niswatul Khaira; Laya Shafura; Nurkhalisah Nurkhalisah
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1637

Abstract

The dispute between Indonesia and Malaysia over the islands of Sipadan and Ligitan continued throughout the years until 1997. The issue of Sipadan and Ligitan islands was resolved by international law through the International Court of Justice. The two islands located in the middle of Indonesia, precisely in the Makassar Strait, were finally won by the Malaysian side on December 17, 2002. The theory used in this research is the theory of legal protection. The theory of legal protection is very relevant to the research made here, because there is a need for legal protection regarding territorial boundaries in the territorial sovereignty of the State of Indonesia. The research method used regarding international legal protection of the Sipadan-Ligitan island dispute is carried out by means of qualitative descriptive research. The technique or instrument of data collection used is library research by studying various books as literature, official documents, laws and regulations, results of previous research, and other literature sources related to the problems studied. The decision of the international court on December 17, 2002 in its decision gave sovereignty over the islands of Sipadan and Ligitan to Malaysia, the international court declared Malaysia as the most entitled party to the two islands based on three main statements that were used as the basis for claims by both countries.
Ketidaksesuaian Antara Pemenuhan Jaminan Garansi Dengan Garansi Yang Diperjanjikan Nadhira Yasmine Faluni; Siti Nurlaeli Al Fadilah; Dara Berlianti; Muhammad Ageng Cahyo Sambodo; Anak Agung Gede Divpra Kusuma Aryuntra; Farahdinny Siswajanti
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1642

Abstract

The rapid growth of technology in both conscious and unconscious man has depended on technology in all aspects of his life. Because technology items are quite expensive and prone to damage, a guarantee (guarantee) becomes an attraction for consumers so that at least the expensive items they have bought are protected within a certain time and guaranteed quality. However, often in fulfillment of the warranty does not match the warranty promised by the business operator when purchasing the product. This article is intended to share information with the public about the warranty and protection, and the ways or steps that the public can take when faced with the issue of mismatches between warranty fulfillment and the promised warranty. In this research we used a normative juridical study methodology with library information collection procedures. Regarding this problem, the government has made a legal product, namely Law Number. 8 Year 1999 on consumer protection in which a person controls a warranty, which, if the public may be harmed by such discrepancies, he or she has the right to bring this to law through the Consumer Dispute Resolution Agency or through a public court.
Peranan Perjanjian Matunu Tedong Dalam Acara Adat Rambu Solo Di Tana Toraja Crameraldo Anugerah Putra Openg; Melani Anastasia Wijono; Stefanus Don Rade
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1644

Abstract

Reflecting aspects of local wisdom, such as social values, culture or customs recognized by the local Tana Toraja community. Toraja is an area that has many very unique cultural traditions. One of them is the mantunu tedong ritual, which can be said to be one of the rituals that native Toraja people are certainly proud of. By using normative research methods that focus on research that uses legal sources, statutory regulations, local regional regulations, and legal theory and legal documents relating to wisdom in completing the Matunu Tedong agreement which occurred during the Rambu Solo event in Tana Toraja, South Sulawesi regarding the agreement in the Matunu Tedong event which is one of a series of customs in the Rambu Solo event. In completing this agreement, the Tana Toraja people have methods in accordance with customs and cultural heritage that have existed for a long time.
Analisis Yuridis Undang-Undang No 8 Tahun 1999 Tentang Perlindungan Konsumen Terhadap Accountability Penjual Clouthing Line Terhadap Konsumen Akibat Barang Yang Cacat : (Studi Kasus SICKMYND) Muhammad Sabrisa Khartanta Ginting Suka; Nirwan Junus; Dolot Alhasni Bakung
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1662

Abstract

This research aims to find out about the liability of clothing line sellers towards consumers due to defective goods in terms of Law No. 8 of 1999 on consumer protection, the Sickmynd case study. This research aims to determine the liability of clothing line sellers towards consumers who are harmed by defective goods as stipulated in Law Number 8 of 1999 concerning Consumer Protection. And to find out the factors that cause consumers to experience losses due to defective products when buying at SICKMYND Gorontalo. The method used in this research uses a normative type of researcher. Normative legal research is library legal research, namely research on primary data. What is studied are the rules written in laws, norms or other rules. Based on the results of research conducted, even though there are violations, this research highlights the responsibility of producers in overcoming consumer losses due to defective goods. Enforcement of the Consumer Protection Law is important to protect consumer rights and ensure balance in buying and selling relationships in the market. Violations of the Consumer Protection Law, especially Articles 8 to 17, were identified in the SICKMYND CLOTHING LINE business. The prohibition on producing and trading goods and services that do not comply with the standards, conditions and promises stated in labels or sales promotions is a violation that must be avoided by business actors.
Penerapan Undang-undang Nomor 32 Tahun 2009 Pasal 109 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup Bara Firmansyah; Fenty Puluhulawa; Lisnawaty W. Badu
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1672

Abstract

This research aims to determine the effectiveness of ownership of operational permits for wastewater disposal installations as factors inhibiting this effectiveness in the Randangan District Health Center. This research is a sociological or empirical study, with the aim of presenting as complete data as possible regarding the effectiveness of permit ownership for Community Health Centers in Randangan District, as stated in Law Number 32 of 2009. The types of data used include primary data and secondary data, and the data collection techniques used are field research and literature study. Based on the research in the results of the discussion, conclusions are drawn; Firstly, the Motolohu Community Health Center in Randangan District has been operating an IPAL since 2017 but until 2023 it has not received a permit from the Pohuwato Regency Environmental Service, even though according to the regulations, IPALs that have been operated must have a permit. Second, factors that hinder effectiveness include legal factors, law enforcement factors, legal advice and facilities, and community factors.
Dampak Penjualan Barang Thrifting Di Indonesia M Susilo Agung Saputro; Aris Prio Agus Santoso; Nanda Puspitasari Wardoyo; Nurani Sofiyana; Shahnata Putri Dwi Ramadhani
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1675

Abstract

The thrifting phenomenon has become a rapidly growing trend in Indonesia, especially among the younger generation. Thrifting, or the activity of buying used goods, has a significant impact, especially in economic, environmental and social contexts. This research aims to determine the impact of selling thrifting goods and solutions that can be proposed to overcome the problem of thrifting in Indonesia. The research method uses a literature study approach, the data is then analyzed qualitatively. The research results were obtained directly from the impact of thrifting goods sales in Indonesia, including; The impact on the economy in Indonesia is in the form of lower prices for illegally imported goods compared to local products which can reduce the competitiveness of local business actors, even triggering business closures; Environmental and health impacts in the form of hazardous materials containing bacteria, for example on the skin. Due to low quality and cleanliness it can cause health issues such as scabies and eczema; The impact on economic actors could also be in the form of low local MSME textile production, as well as a drastic reduction in demand for goods and a decline in general competitiveness; The impact on consumers is in the form of easy access to quality goods at more affordable prices from well-known brands.
Perspektif Hukum Mengenai Kasus Rahasia Dagang Antara Indomie Dan Mie Gaga Dilihat Dari Hukum Kekayaan Intelektual Niken Aulia Kusumawati; Yukova Miska Athira; Mustaqim Mustaqim
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1676

Abstract

In this era of globalization, intellectual property plays an important role in driving innovation and commercial competition. Trade secrets are an important element in this situation that requires legal protection. The purpose of this research is to examine the legal aspects of trade secret issues involving two well-known instant noodle companies, Indomie and Mie Gaga, with an emphasis on Indonesian intellectual property law. The food sector has developed rapidly and is ingrained in people's daily lives, especially with regard to instant noodles. One of the industry leaders, Indomie, has developed exclusive recipes and production techniques. The legal troubles over Gaga Noodles, a fast-growing new brand, show how difficult it is to legally protect trade secrets. This research is important because it adds to our knowledge about the Indonesian legal system's handling of trade secret issues, especially in the country's dynamic food sector. Through an examination of legal viewpoints, this research will offer a valuable perspective for the creation of relevant regulations, corporate procedures, and guidelines. It is hoped that this research will increase the protection of innovation and creativity in the business sector by providing a deeper understanding of the legal perspective surrounding the trade secret case between Indomie and Mie Gaga. This will help shape Indonesia's legal framework for intellectual property. With an emphasis on elements of intellectual property law, this research attempts to examine a court case involving trade secret claims between two well-known companies, Indomie and Mie Gaga. A comparative review of the legal protection for trade secrets under the Indonesian Intellectual Property Law is part of this research. This research approach includes a thorough case study of relevant legal and judicial developments, and a thorough analysis of the data collected to understand the fundamental ideas and applications of law relating to trade secrets in Indonesia. It is hoped that the findings of this research will provide a comprehensive understanding of how trade secret disputes in the food business sector are handled under intellectual property law. The real world impact of
Perampasan ASET Dalam Perbankan Atas ASET Yang Dihasilkan Melalui Tindak Pidana Pencucian Uang Dan Akibat Hukum Atas Hubungan Hukum Antara Perbankan Dengan Nasabah Penyimpan Atas ASET Yang Dirampas Ahmad Shobari; Anzira Sania Desivha ; Mita Riza Rahmanda  ; Reza Dio Wijatmika  ; Nabiella Putri Nastiti  
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1678

Abstract

This research aims to provide insight and knowledge for readers regarding Asset Forfeiture in banking on assets generated through Money Laundering Crimes and legal consequences on a legal relationship between banks and depositors on assets that are seized. The background in this research concerns the conception of Indonesia as a state of law in carrying out its role as a state through state representatives who have law enforcement status in carrying out the law enforcement process in money laundering cases, especially in carrying out a series of mechanisms to seize the assets of suspects or defendants in banking. The research method in this study uses normative research methods by analyzing the identification of problems outlined in this discussion with various laws and regulations related to this discussion and strengthened by literature data consisting of books and legal research journals. In the research in the first sub-chapter discussion analyzes and discusses asset forfeiture in banking for assets resulting from money laundering crimes by linking to the relevant laws and providing an explanation of the formal law in conducting asset forfeiture in banking. Then, in the second sub-chapter discussion discusses and analyzes the legal consequences of the legal relationship between banks and depositors on assets that are seized and indicated that the assets are generated through money laundering for the benefit of cases in the criminal justice process.
Penegakan Hukum Terhadap Pelanggaran Kode Etik Advokat Giovani D.B. Nggabut; Adean E. Berti Bano; Damianus Bria; Kathrine M. Mamengko; Yuliiyana C.S. Mudamakin
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1679

Abstract

Based on Article 33 of Law Number 18 of 2003 concerning Advocates, this code of ethics is declared mutatis mutandis to be valid until new provisions are made by the advocate organization. Considering that in Article 16 of Law Number 18 of 2003 concerning Advocates in conjunction with Constitutional Court decision No. 26/PUU-XI/2013 concerning Advocates, it is stated that: "Advocates cannot be prosecuted either civilly or criminally for carrying out their professional duties in good faith for the benefit of client defense inside and outside the courtroom." In this article, advocates in carrying out their profession, apart from being guaranteed by law normatively, also have the right to immunity or impunity in carrying out their profession by adhering to the professional code of ethics. However, what is in focus here is what kind of good faith is meant in the Article, because the good faith meant in the Article has a very broad or general meaning where the advocate's right to immunity depends on the good faith of the advocate. This gives rise to vague norms that arise in society and this is clearly in conflict with the principle of legal certainty where there should be no conflicting laws and laws must also be made with formulations that can be understood by the general public. Problem formulation: How is law enforcement against violations of the code of ethics committed by advocates. The method used in this research is a normative juridical approach, or library legal research, namely legal research carried out by examining library materials or secondary data. In carrying out their duties, advocates need to fulfill the limitations specified in Law Number 18 of 2003 concerning Advocates. Apart from the Law, advocates also have a Code of Ethics which imposes obligations and at the same time provides legal protection to each member in carrying out their profession. In order for a professional code of ethics to function properly and effectively, there must be a body or instrument tasked with developing and supervising it. In advocate organizations, it is usually assigned to a body or professional honorary council to carry it out. Apart from ensuring that the rules of the code of ethics are obeyed by all members, this body also has the authority to carry out discipline or administrative action against its members who clearly violate the professional code of ethics. The administrative action taken by the honorary council can be in the form of the lightest punishment, for example in the form of a reprimand or warning, but it is possible that considering and considering the seriousness of the code of ethics violations committed by its members, the honorary council may impose severe punishment in the form of dismissal from membership in the organization. Advocate is a noble and honorable profession (Officium Nobile). In accordance with Article 5 paragraph (1) of Law Number 18 of 2003 concerning Advocates, Advocates are also law enforcers in Indonesia apart from Judges, Prosecutors and Police. If an advocate violates the code of ethics, he will receive a warning or warning and light sanctions in the form of administrative sanctions and heavy sanctions in the form of dismissal from membership. Advocates are free to express opinions or statements in defending cases for which they are responsible in court by adhering to the professional code of ethics and statutory regulations. In carrying out their profession, Advocates have the right to obtain information, data and other documents, both from government agencies and other parties related to these interests which are necessary to defend the Client's interests in accordance with statutory regulations.
Hukum Agraria Dalam Penyelesaian Sengketa Tanah Di Indonesia Rio Rolando; Santy Fitnawati Wn; Dwi Juniyanto; Nahes Setiawan
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1682

Abstract

Agrarian law is the entire norm legal norms, whether written or notwriting that regulates legal relations between legal subjects in the agrarian sector. SeciIn human life, land has a very important role because in reality will be in touch during the length of time between humans and the land. In this case it can It is described that the relationship between humans and land is very close because land is m human livelihood. However, in reality there are still many people who take advantage of it conditions where there are weaknesses in law enforcement resulting in an increase in a number of land disputes. Land disputes are unavoidable in this day and age, besides dise This is because weak law enforcement officers are also caused by various reasons The need for land is very high nowadays while the number of plots of land is limited. In resolving land disputes there are several settlement processes can This can be done, among other things, through court and mediation.

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