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Honeste Vivere
Published by Universitas Kristen Indonesia
ISSN : 02158922     EISSN : 29639131     DOI : https://doi.org/10.55809/hv.v34i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Honeste Vivere is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol 34 No 1 (2024): January" : 12 Documents clear
URGENSI PENGAWASAN EKSTERNAL HAKIM MAHKAMAH KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG BERDASARKAN KEKUASAAN KEHAKIMAN MENURUT UUD NRI 1945 Sibarani, Mery R.L; Hutahean, Armunanto
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i1.308

Abstract

This research discusses the urgency of external supervision of Constitutional Court judges in reviewing laws from the perspective of judicial power. The research uses normative juridical methods. The aim of the research is to examine the urgency of external supervision of constitutional court judges in reviewing laws and supervision of Constitutional Court Judges according to the judicial powers in the 1945 Constitution of the Republic of Indonesia. The results of this research find that external supervision of Constitutional Court Judges is an important thing to go along with supervision which takes place internally, namely the Ethics Council of the Constitutional Court and the Honorary Council of the Constitutional Court (MKMK). As for external supervision of Constitutional Court Judges, it does not violate the principles of judicial power and the independence of judges and the impartiality of judges because its application is carried out in enforcing the code of ethics of behavior of Constitutional Judges and the aim of judicial power to enforce law and justice. Furthermore, the authorized institution is the Judicial Commission (KY) because it is a constitutional organ and its implementation must amend the 1945 Constitution of the Republic of Indonesia to explicitly explain the supervisory function of the KY in the Supreme Court and Constitutional Court. Apart from that, the absence of external supervision as a check & balance for the Constitutional Court against the Constitutional Court is due to Constitutional Court Decision No. 005/PUU-XII/2006 and PMK No. 1-2/PUU-XII/2014. This is because in this decision the Constitutional Court judges were excluded from the authority of the KY because the decision was different from the interpretation of the Supreme Court judges
PENERAPAN ASPEK KEPASTIAN HUKUM DALAM PERJANJIAN LISENSI DAN WARALABA PADA PUTUSAN NOMOR 394/Pdt.G/2010/PN.Jkt.Sel. Situmeang, Tomson; Jayadi, Hendri; Setiawan, Liana
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i1.310

Abstract

In business, agreements are the basis for running a business. However, it is not uncommon for agreements to experience problems, where one of the parties commits a breach of contract or acts against the law. In Indonesia, foreign business actors often have doubts about investing or collaborating with Indonesian companies, because there is no guarantee of legal certainty. Among them, a business agreement dispute between Harvey Nichols and Company Limited and PT Hamparan Nusantara and PT Mitra Adiperkasa, Tbk. The business agreement begins with the signing of an Exclusive License Agreement. This problem is quite interesting and complex, where apart from the International Arbitration decision, there is also the South Jakarta District Court Decision Number 394/Pdt.G/2010/PN.Jkt.Sel. which are contradictory to each other which gives rise to legal uncertainty. This article was written to discuss this matter, namely regarding the Application of Legal Certainty Aspects in License Agreements and Franchise Agreements in Decision Number 394/Pdt.G/2010/PN.Jkt.Sel. In this paper, a normative juridical research method is used with a statutory approach and a case approach. The theory of legal certainty is used to analyze existing problems. The analysis concludes that the Exclusive License Agreement is not the same as a Franchise Agreement or a License Agreement for Intellectual Property Rights. This Exclusive Permit Agreement has its own specifics as an Unnamed Agreement (innominaat). This agreement is a form of innovation and implementation of current developments in economic and business practices in the world. The agreement is subject to the provisions of Article 1338 paragraph (1) of the Civil Code, Article 1319 of the Civil Code, and Article 1320 of the Civil Code which regulate the conditions for the validity of an agreement, namely: the agreement of those who bind themselves, their ability to make an agreement; a certain thing, and a lawful cause.

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