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Jurnal Globalisasi Hukum
Published by Universitas Trisakti
ISSN : -     EISSN : 30475988     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Globalisasi Hukum menyediakan wadah bagi para akademisi, praktisi hukum, dan peneliti untuk berbagi pengetahuan, temuan, dan pemikiran terbaru di bidang hukum. Dengan mempublikasikan artikel-artikel yang berkualitas dan terkini, Jurnal Globalisasi Hukum membantu menyebarkan pengetahuan hukum yang relevan dan penting bagi pembangunan hukum dan kebijakan di Indonesia. Hal ini memungkinkan para pemangku kepentingan, seperti pemerintah, pengadilan, praktisi hukum, dan masyarakat umum, untuk mengakses dan memanfaatkan pengetahuan tersebut dalam proses pengambilan keputusan dan implementasi kebijakan. Dengan mendorong pemikiran hukum yang berkualitas dan progresif, Jurnal Globalisasi Hukum membantu mengembangkan pandangan baru, solusi hukum yang lebih baik, dan pendekatan yang lebih efektif dalam menangani masalah-masalah hukum yang kompleks di Indonesia. Dengan demikian, Jurnal Globalisasi Hukum dapat membantu menciptakan lingkungan hukum yang lebih stabil, adil, dan berkelanjutan yang mendorong pertumbuhan dan pembangunan yang berkelanjutan di Indonesia. Jurnal Globalisasi Hukum terbit online secara berkala 2 kali dalam satu tahun pada setiap April dan Oktober setiap tahun.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 44 Documents
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PENERAPAN SAHAM SERI A DWI WARNA PADA HOLDING BUMN PUPUK: Application of Series a Shares of Dwi Warna in The Holding of State-Owned Pupuk MUNINGGAR, RORO AJENG
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21031

Abstract

The purpose of this scientific research is to analyze the implementation of Article 2A paragraph (2) of Government Regulation Number 72/2016 concerning the obligation for the State of Indonesia, especially to have special shares in subsidiaries of former SOEs. The State of the Republic of Indonesia c.q the Ministry of SOEs followed up PP 72/2016 by issuing a letter to the Fertilizer SOE Holding to assign shares with privileges to PT PKT, PT PKG, PT PKC, and PT PIM. The establishment of the Fertilizer SOE Holding itself was carried out based on PP 28/1997 and PP 54/2011. The normative research method uses the law as a source of approach and research material to obtain conclusions that are carried out with the deductive method. The results of this study explain that the transfer of the same owned by the State of the Republic of Indonesia to PT PKT, PT PKG, PT PKC, and PT PIM to the Fertilizer SOE Holding was carried out before the enactment of PP 2/2016 which took effect on the date of promulgation on December 31, 2016. Based on this, PT PKT, PT PKG, PT PKC, and PT PIM have no obligation to issue Series A Dwi Warna Shares as per Article 2A paragraph (2) PP 72/2016. This obligation applies to ex-BUMN companies whose transfer of shares of the State of Indonesia to SOEs occurs after the entry into force and promulgation of PP 72/2016. Also included is PT PSP which is an ex-spin off company
ANALISIS PENETAPAN NOMOR 253/PDT.P/2023/PN BPP TENTANG PERUBAHAN ANGGARAN DASAR PADA PERSEKUTUAN KOMANDITER (CV): Analysis of Determination Number 253/Pdt.P/2023/PN Bpp concerning Articles of Association Amendment on Limited Partnership (CV) Bintani, Putri Shilah
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21033

Abstract

The Decision of the Bpp District Court Number 253/Pdt.P/2023/PN Bpp provides a decision regarding heirs who can replace a deceased active partner in a Limited Partnership (CV). This examination will discuss whether there are other aspects that need to be considered by the judge in making the decision. Generally, the court will consider both juridical and non-juridical aspects. This research uses a qualitative method, producing descriptive analysis, and the data collection used is through literature review to obtain primary legal materials and secondary legal materials. The result of this research, the analysis of decision number 253/Pdt.P/2023/PN Bpp shows that the judge issued a decision that should have been declaratory in nature, but in this case, the judge issued a condemnatory decision and included a constitutive clause.
PERLINDUNGAN HUKUM KREDITUR TERHADAP DEBITUR YANG MENGGUNAKAN PRINSIP CROSS DEFAULT DAN COLLATERAL DALAM PERJANJIAN KREDIT: Legal Protection of Creditors against Debtors who use Cross Default and Collateral Principles in Credit Agreements Safira, Excha Restya
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21034

Abstract

This scientific research aims to outline the legal protection that creditors get to debtors who use the principles of cross default and cross collateral in credit agreements. In this scientific research, the method used is normative law that uses legislation as a source of data. The technique of collecting legal documents uses literature study techniques. The results of this scientific research show that the Cross Default and Cross Collateral principles by using the debtor's guarantee object can create one or more different credit facilities that use the same collateral, while the creditor remains protected because the existence of the Cross Default and Cross Collateral principles aims to anticipate if in the future there is a defaulting party and the creditor can still demand responsibility for the negligence.
PROBLEMATIKA PROSES PENYIDIKAN TPPU KEJAHATAN DALAM PERBANKAN: Problems of the Process of Investigating TPPU Crimes in Banking Adie Arief Wibawa
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21036

Abstract

In the mechanism for investigating money laundering crimes originating from banking crimes, legally there are overlapping arrangements, which makes it difficult for police investigators, prosecutors' investigators and financial services authorities to synergize. This study was conducted in order to evaluate judicially the workings and issues surrounding TPPU investigations pertaining to financial offenses. by doing a literature research and applying normative legal techniques. Studies can be conducted at every level, including placement, stacking, and integration, according to research. Depending on the circumstances of the case, investigations may be conducted by any investigative body. First: A corruption case; after that, money was laundered; when it was discovered that a criminal banking act had been committed as the predicate offense, the Financial Services Authority and the Corruption Investigation Commission were enlisted. Second, money laundering gave the authorities and the Financial Services Authority reason to believe that the banking crime originated there. Third, the Financial Services Authority and the police will be the first to investigate if money laundering occurs after illegal banking activities are uncovered.         
DAMPAK TERHAMBATNYA PEMBANGUNAN JALAN TOL SEMARANG-DEMAK AKIBAT KEPEMILIKAN TANAH MUSNAH MASYARAKAT: The Impact of Delayed Development of the Semarang-Demak Toll Road Due to the Destruction of Community Land Ownership Quraisy, Raflinov
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21037

Abstract

Infrastructure development, particularly the Semarang-Demak Toll Road Project, poses serious challenges concerning the procurement of land for public use, especially in the context of unique land characteristics such as degraded land. This study examines legal aspects related to land acquisition within the framework of Indonesia's national agrarian law, including the state's role in ensuring justice and protection of land rights for the community. The issue is analyzed from the perspective of relevant regulations and legal responses to degraded land conditions. The importance of ensuring equal land rights for all citizens is highlighted, in line with the principles of national agrarian law. However, in addressing infrastructure development challenges, particularly concerning land with special characteristics, as seen in the Semarang-Demak Toll Road Project, adaptive regulations are needed. However, in facing the challenges of infrastructure development, especially concerning land with such specific characteristics, adaptive regulations are required. This is reflected in the implementation of special regulations set by the Government, particularly regulating the issue of land acquisition in the context of development for public interest. Research encompasses the differences between general land acquisition mechanisms and mechanisms for addressing social and community impacts on land conditions owned by the community at the project site. Resolving the issues in the project in question relies not only on legal regulations but also requires good collaboration and coordination between policymakers and the community.
ANALISIS PUTUSAN NOMOR 60/PDT.SUS.HAK CIPTA/2020/PN. NIAGA JKT PST ATAS PERLINDUNGAN HUKUM PEMEGANG HAK CIPTA PROGRAM KOMPUTERANALYSIS OF DECISION NUMBER 60/PDT.SUS. COPYRIGHT /2020/ PN.NIAGA JKT PST ON LEGAL PROTECTION OF COMPUTER PROGRAM COPYRIGHT HOLDERS: Analysis of Decision Number 60/Pdt.Sus. Copyright /2020/ PN.Niaga Jkt Pst on Legal Protection of Computer Program Copyright Holders Jamlean, Rozikin
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21041

Abstract

Along with the development of technology, the importance of legal protection to anticipate legal violations of copyright, the author takes the formulation of this research problem (1) How is the legal protection of the copyright of the CXM application computer program recorded by other parties without the permission of the copyright holder in case No. 60/Pdt.Sus.Copyright/2020/PN.Niaga Jkt Pst? This research uses normative legal research. Analysis The copyright protection of the CXM computer program, in this case, written by a third party without a license to the copyright owner is based on article 97 paragraph (1) of the Copyright Act, and the plaintiff claims to be the original copyright owner. Since you are the creator of the CXM application, the plaintiff is the owner of the application. It is stated that the business registration number titled Customer Service Management System number 000116753 created in the name of the defendant is incorrect, because the CXM application was first filed, published and distributed by the plaintiff for the first time, the plaintiff requests that the registration be terminated with the registration number 000116753 and the name specified above as the defendant in the recording of the creation by the Customer Experience Management System and the defendant all legal effects. The co-defendant is also directed to immediately delete the creation registration number 000116753 under the name of Customer Experience Management System which is named by the Defendant at the place of registration
STUDI HUKUM TANGGUNG JAWAB DROPSHIPPER DAN DISTRIBUTOR PADA TRANSAKSI ONLINE: Responsibility Of Dropshippers With Distributors In Online Business Transactions Aisyah, Nada
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21046

Abstract

This paper aims to find out how the legal review of the Dropshipper's responsibility with the distributor. In online-based business transactions, the parties still use the rules in the Civil Code as the rules in making agreements. Another rule used in e-commerce transactions is Law No. 11 of 2008 concerning Information and Electronic Transactions which has been amended by Law No. 19 of 2016 (hereinafter referred to as the ITE Law). In connection with this, this thesis raises three problems, namely first, how is the legal regulation related to agreements in online-based business transactions carried out by dropshippers with distributors, second, how does the existence of a business relationship between dropshippers and distributors affect online-based business transactions, and third, what is the form of legal protection for the division of responsibility between dropshippers and distributors in online-based business transactions
PERLINDUNGAN HUKUM USAHA MIKRO KECIL MENENGAH TERHADAP PLATFORM SOCIAL COMMERCE: Legal Protection for Micro Small Medium Enterprises Against Social Commerce Platform Pantow, Fickry Petrus
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21048

Abstract

The rapid growth of digital businesses affects the way people conduct business transactions and switch from offline to online systems. One of the digital platforms that is experiencing rapid development in Indonesia is the Tiktok Shop social commerce platform, which has a major impact on Micro, Small and Medium Enterprises (MSMEs) business actors in Indonesia, in terms of increasing turnover and market share reach but accompanied by a number of potential legal risks that can harm MSMEs. This research to examines aspect of legal protection of MSMEs on social commerce platforms, so based on the result of this study expected to provide an understanding of legal protection for MSMEs operating in digital trade through social commerce platforms. This research using a normative method with a statutory approach that examines related and relevant regulations. The result is that the current regulations are sufficient to protect MSMEs in conducting business on social commerce platforms. However, the MSMEs must continue to adapt to technological developments along with product and service innovations in order to compete. Recommendations for regulators to consistently apply existing regulations in protecting MSMEs.
ANALISIS ASAS HUKUM ULTIMUM REMEDIUM DALAM TINDAK PIDANA PERPAJAKAN DI INDONESIA: Analysis of the Legal Principle of Ultimum Remedium in Tax Crime in Indonesia Kurniawan, Deny
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21056

Abstract

The principle of ultimum remedium in tax crimes in Indonesia is a principle in Indonesian criminal law stating that criminal law should be used as a last resort in law enforcement. This paper discusses tax crimes as criminal acts within the scope of administrative law (administrative criminal law or dependent crimes), where the aim of law enforcement is to ensure taxpayers fulfill their tax obligations, namely reporting and paying taxes. Criminal sanctions in the general tax provisions law should be understood differently from the main objective of tax law, which is to secure state revenue from the tax sector. Therefore, criminal sanctions in tax law can serve as a last resort to provide a deterrent effect in the law enforcement process (ultimum remedium).
HAK ROYALTI DALAM INDUSTRI MUSIK: ANALISIS PERLINDUNGAN HUKUM TERHADAP PENCIPTA LAGU TERKAIT COVER LAGU: Royalty Rights in The Music Industry: Legal Protection Analysis For Songwriters Regarding Cover Songs Rogate, Luvito
Jurnal Globalisasi Hukum. Vol. 1 No. 2 (2024): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i1.21423

Abstract

The purpose of this research focuses on the concept of royalty rights for songwriters and its implications in the music industry. As works of art, songs are protected by copyright which includes the economic and moral rights of the creator. Unauthorized use of songs, such as in the creation of cover songs, raises various issues related to royalties. Royalties are the compensation that creators must receive as a form of appreciation for the commercial use of their work. This study also highlights the importance of legal protection and an effective royalty payment system to safeguard the rights of songwriters and musicians. Without adequate protection, songwriters may not be properly compensated for their works, which could be detrimental to creativity and innovation in the music industry. In addition, this research underscores the need for regulatory adjustments and updates to address issues that arise with the development of technology and digital media, such as platforms that are often used to publish cover songs. These issues require special attention to ensure that the royalty management system works well and songwriters get their due fairly. This research provides an in-depth look at the need for a transparent and fair system in royalty management to support the sustainability of the music industry and   

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