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Annual Review of Legal Studies
Published by Universitas Negeri Semarang
ISSN : 30477581     EISSN : 30477875     DOI : 10.15294/arls
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Annual Review of Legal Studies aims to provide an in-depth, multidisciplinary annual review in the field of legal studies. The journal scope encompasses a comprehensive understanding of the latest developments in legal theory, legal practice, legal policy, and relevant legal issues globally. The primary focus of ARLS is to present critical and evaluative analyses of key topics in legal studies, including but not limited to Legal Theory, Legal Practice, Legal Policy, and Contemporary Legal Issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 63 Documents
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The Role of Law in Protecting Business Entities Injured by Consumers in E-Commerce Transactions: Peranan Hukum dalam Melindungi Pelaku Usaha Yang Dirugikan Konsumen dalam Transaksi E-Commerce Febriyanti, Ferli
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.5692

Abstract

Violations in e-commerce transactions are not only felt by consumers, but sellers as business entities also experience losses due to negligence and bad faith on the part of consumers. This results in neglect and legal uncertainty for business entities. This research examines and investigates legal regulations in protecting business entities injured by consumers in e-commerce transactions. The research employs a normative legal research method with a legislative approach. The study concludes that legal protection for business entities is not yet optimal. Existing regulations tend to provide protection to consumers as vulnerable parties, making it difficult for business entities to obtain their rights when they suffer losses. Legal protection for business entities is often unresolved due to the lack of good faith from consumers. If disputes arise from such transactions, they can be resolved through both repressive and preventive legal protection. Repressive legal resolution can be achieved through litigation and non-litigation methods, emphasizing the importance of the government's role and law enforcement in protecting the rights and legal certainty of business entities in e-commerce transactions.
Implementation of Wiretapping Authority by Prosecutors in Corruption Crimes in Central Java: Implementasi Kewenangan Penyadapan oleh Jaksa Dalam Tindak Pidana Korupsi di Jawa Tengah Heryanto, Diana Marlisye; Sumardiana, Benny
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.5879

Abstract

Corruption is a serious threat to the development and welfare of Indonesian society. Wiretapping is one of the powers given to prosecutors to uncover corruption cases. This research aims to analyze the legality of the Prosecutor's authority in conducting wiretapping in corruption cases in Central Java and analyze the implementation of wiretapping authority by the Central Java High Prosecutor's Office. This research uses a qualitative approach with empirical or non-doctrinal research. The research location is the Central Java Prosecutor's Legal Area. Data collection was carried out by observation and interviews, as well as using an interaction data analysis model. The research results show that the prosecutor has the legal authority to conduct wiretapping in cases of criminal acts of corruption in Central Java. This authority is based on Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia and the Criminal Procedure Code (KUHAP). However, the implementation of wiretapping must comply with established procedures and limits. The Central Java High Prosecutor's Office has implemented wiretapping authority in handling around 10 corruption cases in the last two years. Wiretapping procedures include applying for permission, limiting the subject and time of wiretapping, making an official report, and using the results of wiretapping as evidence in court. The obstacles faced include limited human and technological resources and maintaining the security of wiretapping results.
Implementation of the Principles of Free, Prior and Informed Consent in the Field of Natural Resources Utilization within the Indonesian Regulatory Framework: Implementasi Prinsip Free, Prior and Informed Consent Pada Bidang Pemanfaatan Sumber Daya Alam dalam Kerangka Regulasi Indonesia Winarsih, Winarsih; Wulandari, Cahya
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6136

Abstract

Free, prior and informed consent (FPIC) is one of the principles that emerged from international declarations and conventions. Indonesia is a country that is active in several conventions and declarations. However, there is no recognition in national regulations that explicitly incorporates FPIC elements in their entirety. On the other hand, there is a prolonged conflict between indigenous communities and project initiators resulting from various kinds of problems. This article aims to conduct an analysis related to FPIC in regulations in Indonesia both at the national and regional levels. This research uses normative juridical methods using library materials as the main source. The results of this research are: First, FPIC has basically begun to be recognized in regulations at the central level. However, this recognition is still partial and implicit. Second, in regulations at the regional level such as Minahasa Regency, Bengkayang Regency and Central Sulawesi Province, several elements of FPIC have also begun to be absorbed and explicitly recognized. This is marked by the preparation of general guidelines for implementing FPIC in the form of a Regulation of the Governor of Central Sulawesi Province.
Registration of Trademarks Rejected in Other Countries in Accordance with Ratification of the Madrid Protocol: Pendaftaran Merek Yang Ditolak di Negara Lain Sesuai Dengan Ratifikasi dari Protokol Madrid Sasvia, Hayyu; Sulistianingsih, Dewi
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6155

Abstract

Current globalization has had an impact on goods, services, labor, etc. that flow freely between countries in the world. Indonesia itself is no exception to this global phenomenon. The free flow of trade in and out of Indonesia makes products from Indonesia vulnerable to being imitated if they are not protected, especially protecting their trademarks. Not only brands from Indonesia must be protected domestically, but they also need protection abroad. Efforts to protect brands from Indonesia can be carried out through country or international registration mechanisms. This article attempts to explain that international registration can be carried out effectively through the Madrid Protocol, which provides for centralized trademark registration at the World Intellectual Property Organization (WIPO), rather than registering trademarks centrally. Trademarks in the respective countries where the goods or services are intended to be traded. The purpose of this article is to find out how the implementation of trademark registration based on the Madrid Protocol after its ratification in Indonesia and how the impact of trademark registration carried out in Indonesia has had an impact in other countries that have implemented and ratified this system.
Potential of Geographical Indications of Coffee as ​​an Effort to Improve Community Welfare in Ngresepbalong Village on the Slope of Mount Ungaran: Potensi Indikasi Geografis Kopi Sebagai Upaya Peningkatan Kesejahteraan Masyarakat Di Desa Ngresepbalong Lereng Gunung Ungaran Mustaidah, Nurul; Waspiah, Waspiah
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6376

Abstract

Geographical indication, this coffee can be identified as a product that comes from a particular region, which in this case the selling value and products of this coffee can increase. But in reality, the potential of geographical indications of coffee in Indonesia is still not fully utilized or used to improve the welfare of the community. This paper formulates two main issues: (1) Requirements and procedures that must be met to obtain legal protection of the potential geographical indication of coffee from Ngresepbalong Village, Ungaran Mountain Slope, 2) Potential geographical indication of coffee from Ngresepbalong Village on the slopes of Mount Ungaran as an effort to improve the welfare of the community. The method used in this writing is normative juridical research method. This normative legal research focuses on primary and secondary legal materials, namely research that leads to the norms that exist in the legislation. Based on the discussion, it can be concluded that Geographical Indications of coffee have significant potential in improving the welfare of the community in Ngresepbalong Village on the slopes of Mount Ungaran. With Geographical Indication certification, coffee produced in the area can be guaranteed to have a unique and distinctive quality, and has a high reputation in the international market. Geographical Indication of coffee can be an effective tool in improving the welfare of the people in Ngresepbalong Lereng Gunung Ungaran Village, as well as maintaining the cultural identity and traditions of the area.
The Legal Basis of Electronic Signatures in Civil Dispute Evidence in Indonesia: A Study of the Indonesian Information and Electronic Transactions Law (ITE Law): Dasar Hukum Tanda Tangan Elektronik dalam Pembuktian Sengketa Perdata di Indonesia: Kajian Terhadap Undang-Undang Informasi dan Transaksi Elektronik Indonesia (UU ITE) Arbaya, Nisma Raditya; Baidhowi, Baidhowi
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6498

Abstract

Documents signed electronically using electronic signatures are governed by the Indonesian Information and Electronic Transactions Law (ITE Law), which regulates electronic information, electronic documents, and/or their printed results. According to the ITE Law, printed results, electronic documents, and/or electronic information are all considered valid additional evidence that can be used in court. These pieces of evidence constitute an extension and valid evidence according to the applicable procedural law in Indonesia and are also valid evidence in court. The research technique used to compile this article is literature research or normative juridical method, classified as legal research. Several court decisions have defined the legal authority of electronic signatures from the perspective of civil law. Thus, it is clear that from the perspective of civil law, electronic signatures have the same legal force as traditional signatures made with wet ink and have legal consequences. The considerations of judges in civil judgments consist of two parts: factual considerations, which are the evidence submitted by the parties, which party's evidence reaches the minimum threshold of proof, what arguments are proven, and to what extent the probative value held by the parties. The second part relates to legal considerations, including articles in statutory regulations and unwritten law as the basis for making judgments.
Legal Regulation of Copyright of Works Created by Artificial Intelligence Creative Economy Actors: Pengaturan Hukum Hak Cipta Karya Ciptaan Artificial Intelligence Pelaku Ekonomi Kreatif Nurjannah, Alifah
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.4084

Abstract

Artificial Intelligence, known as artificial intelligence, is a new breakthrough in the current digital era. Artificial Intelligence is considered capable of working and producing work like humans. This has had an impact on the Intellectual Property Rights sector, the existence of a work produced by Artificial Intelligence raises concerns regarding the urgency of protecting works. The purpose of this research is to analyze the legal protection of creations created by creative economy actors who use Artificial Intelligence if they adopt the United States Work Made for Hire Doctrine and/or the urgency of protecting creative economy creative works produced by Artificial Intelligence, including those Creations that can be protected by law. Copyright Act. This writing is normative juridical law writing using a qualitative approach method. The data obtained from this writing is from literature studies, namely books, scientific articles, interviews as supporting data and others. As well as document studies, namely based on statutory regulations. Data analysis uses qualitative descriptive research that is appropriately researched. The research results are: Protection of Creations resulting from Artificial Intelligence if adopting the Work Made for Hire Doctrine provides a solution that the subject of Creation results remains humans. In order to avoid a legal vacuum, Indonesia should be able to create implementing regulations by adopting the United States' Work Made for Hires concept. The urgency of creations produced by artificial intelligence can be included in the scope of creations protected by the UUHC, by paying attention to the principle of originality of creative works by creative creative actors who use applications and act as artificial intelligence programmers as a means of legal protection for their work. 
The Position of Property Rights over Flats as Collateral for Debts Charged with Dependent Rights in Semarang City: Kedudukan Hak Milik Atas Satuan Rumah Susun Sebagai Jaminan Hutang Yang Dibebankan dengan Hak Tanggungan di Kota Semarang Diwasasri, Muhammad Titan; Suhadi, Suhadi
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.4085

Abstract

As the owner of the ownership rights to an apartment unit whose ownership is proven by a Certificate of Ownership of the Apartment, the owner of the apartment can apply for credit by using the Certificate of Ownership Rights for the apartment unit he owns as collateral for credit at the bank. With the imposition of mortgage rights on the ownership rights of apartment units in Semarang Tengah District, Kembangsari Village, Semarang City. Taking the problem formulation: (1) Why is the ownership right to the flat unit Kel. Kembangsari, District. Central Semarang, Semarang City used as debt collateral? and (2) What is the procedure for imposing an ownership certificate on an apartment unit, Ex. Kembangsari, District. Central Semarang, Semarang City, burdened with mortgage rights? The method used is a qualitative descriptive legal research method with a sociological juridical approach. The data collected is primary data and secondary data. Data validity using source triangulation techniques. The research results show: (1) Requirements and procedures for guaranteeing ownership certificates for condominium units, Kel. Kembangsari, District. Central Semarang, Semarang City as collateral in a banking credit agreement, namely a certificate of ownership of an apartment unit must meet the requirements for economic value and juridical value. Meanwhile, the procedures in SHMSRS guarantee are stages that have been determined in an organized manner and must be fulfilled for the sake of smoothness and security between debtors and creditors, consisting of the credit application stage, data analysis stage, credit implementation stage, guarantee stage, and credit expiration stage. In these stages, there are several parties who have roles and duties to ensure that the credit is implemented properly, including the bank, the notary/PPAT, and the Land Office. (2) Procedure for Imposing Ownership Certificates on Flat Units in Kel. Kembangsari, District. Central Semarang, Semarang City is closely related to agreements or contracts between legal subjects, namely creditors and debtors regarding debt agreements in the form of, for example, bank credit, with the Ownership Certificate being used as collateral for the debt with the consequence that if the debtor breaks his promise or defaults, then the guarantee is can be executed to take repayment of the debt. The encumbrance procedure is related to the registration mechanism, making Certificates of Ownership Rights for Flats in Kel. Kembangsari, District. Central Semarang, Semarang City, Power of Attorney to Encumber Mortgage Rights, and others.
The Legal Awareness of Cafe Owners towards The Fulfillment of Economic Rights in The Form of Royalty Payment as A Copyright Protection: Kesadaran Hukum Pemilik Kafe Terhadap Pemenuhan Hak Ekonomi Berupa Pembayaran Royalti Sebagai Bentuk Perlindungan Hak Cipta Faisal, Muhammad Hafidz
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.4097

Abstract

With the existence of Government Regulation Number 56 of 2021 concerning the Management of Royalties for Copyrighted Songs and/or Music, the commercial use of songs/music is required to pay royalties. Article 2 paragraph (1) and Article 3 paragraphs (1) and (2) of the Government Regulation mention that the party paying royalties through LMKN (Collecting Society for Music Works) is those who publicly announce creations, including cafes that frequently play songs or music through speakers. This research aims to discover facts in the field regarding legal awareness among cafe business operators regarding the payment of these royalties through data triangulation, which involves collecting data through observation, interviews, and documentation. The research location will be initially observed to identify cafes that play songs or music through speakers. After identifying the cafes that play songs or music through speakers, interviews will be conducted with cafe operators to explore their legal awareness regarding copyright and royalty payment obligations, while the researcher gathers documentation as evidence. The findings in the field prove that legal awareness regarding royalty payments is still lacking among many. This is because they have not heard about the royalty policy and also due to a lack of awareness campaigns from the relevant authorities, necessitating awareness campaigns in various regions, as this can be considered a legal violation. Therefore, it can be said that the most influential factor affecting legal awareness here is the legal framework, which should be more proactive in disseminating information regarding this policy and also more stringent in handling violations.
Implementation of Soft Loan Disbursement for Micro Enterprises and Cooperatives Affected by Covid-19 Viewed from the Precautionary Principle: Implementasi Penyaluran Pinjaman Lunak Bagi Usaha Mikro dan Koperasi Terdampak Covid-19 Ditinjau dari Prinsip Kehati-Hatian Fathan, Muhammad Haikal
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.4100

Abstract

In order to handle the economic impact in Rembang Regency, the Rembang Regency government is providing stimulus in the form of strengthening business capital to MSMEs and micro actors who are affected by the economic impact due to Covid-19 in Rembang Regency. by assigning the Regional Owned Enterprise PD BPR BKK Lasem to carry out soft loans for micro businesses and cooperatives. The problems studied include 1.) How to implement the Rembang Regent's regulation No. 44 of 2020 concerning soft loans for micro businesses and cooperatives affected by Corona Virus Disease 2019 (Covid-19) through assignments to PT. BPR BKK Lasem (Perseroda) in Rembang Regency; 2.) How is the The distribution of soft loans for micro enterprises and cooperatives is carried out at PT.BPR BKK Lasem (Perseroda) reviewed the principle of caution in granting credit. Research results show that 1) In its implementation, the Rembang Regency Government has assigned BKK Lasem to provide stimulus from BUMD which can later be distributed to MSMEs and Cooperatives affected by Covid 19. 2) soft loans provided to Micro Enterprises and Cooperatives Affected by Covid-19 in Rembang Regency are operationally in the form of distribution of PT credit products. BPR BKK Lasem (Perseroda), namely Bangkit Micro Monthly Credit (KMB) with 0% (zero percent) interest, without collateral and no administration fees. Meanwhile, insurance and legalization costs are borne by PT. BPR BKK Lasem (Perseroda). The conclusion of this research is that the implementation of the Rembang Regent's Regulation Number 44 of 2020 relating to the provision of soft loans for Micro Enterprises and Cooperatives Affected by Covid-19 in Rembang Regency is a form of the Rembang Regency Government's commitment to regional economic recovery through the placement of APBD funds for operational subsidies to PT . BPR BKK Lasem (Persero) so that it can better carry out its function as a financial institution that can channel public funds effectively and efficiently, especially in credit services intended for Micro Enterprises and Cooperatives which are affected by the Covid-19 pandemic conditions and are hampered by collateral problems.

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