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INDONESIA
Pemuliaan Keadilan
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30632811     EISSN : 3063282X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 85 Documents
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Analisis Penegakan Hukum Pelanggaran Merek Dagang Kasus Louis Vuitton dan Louis Vuiton Dak Ni Ketut Ayu Diah Sapitri
Pemuliaan Keadilan Vol. 3 No. 1 (2026): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i1.1528

Abstract

Trademarks not only serve as product identities but also represent the reputation and trust built by a company over the long term. In increasingly fierce global competition, legal protection for brands, especially well-known brands, is crucial. This study examines the legal implications of alleged trademark infringement by the Louis Vuitton Dak restaurant in Korea, which resembles the luxury brand Louis Vuitton. The purpose of the study is to analyze the application of Law Number 20 of 2016 concerning Trademarks and Geographical Indications and to assess the effectiveness of law enforcement against such violations. The method used is normative juridical with a statutory and conceptual approach. The analysis focuses on similarities in principle, the element of bad faith in trademark registration, and violations of exclusive rights to well-known brands. The results of the study indicate that although regulations have provided protection, law enforcement in practice still faces various obstacles and has not fully created a deterrent effect.
Tinjauan Yuridis terhadap Pengangkatan Anak Yatim Piatu dalam Perspektif Hukum Perdata Indonesia Ni Nengah Eilsa Ayu Mediana
Pemuliaan Keadilan Vol. 3 No. 2 (2026): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i2.1579

Abstract

Adoption is an act of adopting a child which, according to legal regulations, transfers the rights and responsibilities of the child from their biological parents to their adoptive parents. This study aims to examine the legal framework governing the legal determination of adopted children. This research was conducted using a juridical-normative research approach. This study focuses on reviewing the status of an adopted child, including their position in obtaining inheritance rights, using a review of the Civil Code and other applicable regulations. Based on the analysis that has been carried out, the position or status of a child adopted by adoptive parents has a legal status if it is carried out through applicable legal procedures, which means that the child has equal rights to biological children. This research is expected to contribute to providing references for firmness in family law that is more certain and does not harm any party.
Wealth Taxation as an Instrument of Fiscal Justice: Legal and Policy Analysis Fryandi Simanullang; Norma Yulita Sari
Pemuliaan Keadilan Vol. 3 No. 2 (2026): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i2.1582

Abstract

Inequality in Indonesia remains significant, particularly due to the concentration of wealth among high-net-worth individuals (HNWIs). Emphasizing the importance of addressing this disparity can motivate policymakers to pursue equitable solutions, thereby promoting social justice through wealth taxation. Using a literature review and an empirical legal approach, this research analyzes relevant regulations, policy discussions, and academic literature on wealth taxation in Indonesia. The study also evaluates institutional readiness and potential challenges in implementing such a policy. The results indicate that the wealth tax has considerable revenue potential, ranging from IDR 54 trillion to IDR 155.3 trillion, depending on the tax model applied. Highlighting this potential can empower policymakers and foster optimism about the tangible benefits of implementing such a policy.
Victim Blaming sebagai Bentuk Reviktimisasi Sekunder dalam Perspektif Viktimologi di Indonesia Indah Sari Br Barus; Nia Utami Ritonga
Pemuliaan Keadilan Vol. 3 No. 2 (2026): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i2.1603

Abstract

This study examines the phenomenon of victim blaming as a form of secondary victimization within the perspective of victimology in Indonesia. Victim blaming remains a significant issue where victims of crime, particularly in cases of violence, are often blamed for the incidents they experience. This condition not only exacerbates the psychological and social suffering of victims but also hinders their access to justice. The objective of this research is to analyze how victim blaming occurs and to understand its impact as a form of secondary victimization. This study employs a normative juridical method with a qualitative approach, using literature review from legal documents, journals, and relevant academic sources. The findings indicate that victim blaming is influenced by social stigma, cultural perspectives, and a lack of public awareness regarding victims’ rights. Furthermore, such practices result in secondary victimization, where victims experience repeated harm due to negative societal responses. From a victimological perspective, victim blaming contradicts the principle of victim protection and justice. The implication of this research highlights the need for stronger legal protection, public education, and a more victim-centered approach in addressing crime in Indonesia.
Hambatan Pelaksanaan Eksekusi Putusan Perdata dan Upaya Penyelesaiannya dalam Praktik Peradilan di Indonesia Zahra Najwa Herlita; Putri Rahayu; Anggi Sri Haryati Simasmata
Pemuliaan Keadilan Vol. 3 No. 2 (2026): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i2.1605

Abstract

This study aims to analyze the obstacles to the implementation of civil judgment execution and efforts to resolve them in judicial practice in Indonesia. The research method used is normative juridical legal research with a statutory and conceptual approach. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of the study indicate that the implementation of civil judgment execution still faces various obstacles, which include legal, technical, and non-legal obstacles. Legal obstacles include legal efforts used to delay execution, technical obstacles related to the unclear object of the dispute and limited facilities, while non-legal obstacles include resistance from the losing party and the public. These conditions indicate ineffectiveness in the implementation of civil procedural law, resulting in the failure to achieve legal certainty, justice, and benefit. Efforts to resolve obstacles are carried out through improving regulations, increasing the professionalism of judicial officials, utilizing technology, and a non-litigation approach. Thus, legal reform and strengthening of judicial institutions are needed so that the implementation of civil judgment execution can run more effectively and provide optimal legal protection.
Analisis Yuridis Pengaturan Rehabilitasi terhadap Residivis Tindak Pidana Narkotika Cempaka Arumsari
Pemuliaan Keadilan Vol. 3 No. 2 (2026): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i2.1606

Abstract

Narcotics abuse is no longer considered a victimless crime, but rather an offense that claims numerous victims and inflicts a prolonged catastrophe upon humanity. Furthermore, an emerging challenge is narcotics cases committed by recidivists, namely individuals who re-offend after having been previously convicted and sentenced. Recidivist status raises juridical issues, as it constitutes grounds for the aggravation of criminal penalties. The objective is to ensure that the imposition of criminal sentences effectively provides a deterrent effect and precludes the offender from repeating the same criminal offense. The existence of narcotics abuser recidivists also creates a distinct dilemma for Law Enforcement Officials. Judges are mandated to impose fair and proportionate sentences in accordance with statutory regulations. The recidivist status of a narcotics abuser frequently serves as a justification for Law Enforcement Officials to bypass the integrated assessment required for rehabilitation. This research utilizes a normative legal research method, employing statutory and conceptual approaches. The legal materials used consist of primary legal materials, taking the form of statutory regulations and court decisions, as well as secondary legal materials, comprising legal books and journals, which are analyzed using a descriptive-analytical method. The research findings indicate that recidivists may obtain rehabilitation even in the absence of an assessment. This research concludes that the objectives of sentencing, in addition to providing a deterrent effect, aim to cure or at least restore the offender's condition through rehabilitation; however, guidelines or jurisprudence are required to ensure legal certainty and consistency of application in the future.
Perlindungan Hukum Anak dibawah Umur terhadap Pengaruh Narkoba di Kelurahan Sei Mati Nurul Tahlida Lubis; Muhammad Ridwan Lubis
Pemuliaan Keadilan Vol. 3 No. 3 (2026): Juli : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i3.1635

Abstract

 This study aims to analyze the legal protection of minors affected by drug abuse in Sei Mati Village, Medan Maimun District. The problems examined in this study include the legal regulations concerning children involved in drug abuse, the implementation of legal protection, and the inhibiting factors in its application. This research employs an empirical legal research method with a qualitative approach, which examines law based on real conditions in society (law in action). Data collection techniques were carried out through interviews, observations, and documentation involving informants consisting of children who had been involved in drug abuse, parents, and community leaders. The results of the study indicate that the legal regulation concerning children involved in drug abuse has been stipulated in Law Number 35 of 2009 concerning Narcotics, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, and Law Number 35 of 2014 concerning Child Protection, which emphasize rehabilitation and guidance approaches. The implementation of legal protection in Sei Mati Village tends to prioritize a familial approach, guidance, and social supervision rather than punishment. However, the implementation of legal protection still faces several obstacles, such as low legal awareness among the community, weak parental supervision, negative peer influence, and limited rehabilitation facilities and professional assistance. Therefore, synergy among the government, law enforcement officials, families, and the community is needed to enhance the effectiveness of legal protection for children, particularly in preventing and addressing drug abuse.
Peran Kepala Desa sebagai Mediator dalam Pencurian Kelapa Sawit di Hubungkan dengan Asas Keadilan di Desa Pinarik Kecamatan Dolok Sigompulon Darni Hayana Ritonga; Muhammad Ridwan Lubis
Pemuliaan Keadilan Vol. 3 No. 3 (2026): Juli : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i3.1636

Abstract

The village head's role as a mediator in palm oil theft cases essentially serves as a neutral third party to resolve conflicts between perpetrators and victims without resorting to the courts. This study aims to analyze the role of the village head as a mediator in resolving palm oil theft crimes related to the principle of justice in Pinarik Village, Dolok Sigompulon District, North Padang Lawas Regency. The village head's role as a mediator has a clear legal basis. Based on Law Number 6 of 2014 concerning Villages, the village government has the authority to manage and resolve problems that arise within the village. This study used a normative juridical method with data collection techniques through observation, interviews, and documentation. Informants in this study consisted of the village head, traditional leaders, and community members. The results indicate that the village head's role as a mediator has been quite effective, with a mediation success rate of approximately 90%. This success is influenced by several factors, such as the village head's neutral and fair attitude, support from village officials and community leaders, the community's level of legal awareness, and an understanding of the perpetrator's socio-economic conditions. Several obstacles were encountered, such as low public legal awareness, limited authority of the Village Head, economic factors, and the weak deterrent effect of sanctions imposed through mediation.
Perlindungan Hukum Guru dalam Pemberian Sanksi kepada Murid di SD Swasta Bina Bangsa Tanjung Morawa Suci Maharani; Syahrul Bakti Harahap
Pemuliaan Keadilan Vol. 3 No. 3 (2026): Juli : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i3.1666

Abstract

This research is motivated by the increasing number of legal cases involving teachers resulting from sanctions imposed on students in elementary schools. Teachers often find themselves in a dilemma between exercising their pedagogical authority to discipline students and the risk of legal action from parents due to differing perceptions. This situation highlights the importance of studying legal protection for teachers without neglecting the protection of children's rights in the educational process. This study aims to analyze the forms of legal protection for teachers at Bina Bangsa Private Elementary School in Tanjung Morawa and to identify the factors causing conflicts between teachers, students, and parents, along with efforts to resolve them. The method used is empirical juridical with a field approach. Data were obtained through interviews, observations, and literature review, then analyzed qualitatively to describe the application of legal protection in practice. The results indicate that legal protection for teachers is regulated normatively in legislation, but its implementation is not yet optimal. Teachers remain vulnerable to legal conflicts due to differing understandings regarding the limits of educational sanctions. Factors contributing to these conflicts include differences in perception, lack of communication, increased public legal awareness, and unclear boundaries between educational sanctions and violence. Therefore, strategic efforts are needed, such as reinforcing school regulations, increasing outreach to parents, strengthening communication between schools and parents, and establishing a preventative dispute resolution mechanism. These efforts are expected to create legal certainty while maintaining a balance between protecting children's rights and protecting the teaching profession.  
Vakum Norma Status dan Pengelolaan Aset Daerah Hasil Kerja Sama Pemerintah Pusat dan Daerah Pasca Pemekaran Wilayah Shella Yulianingsih; I Dewa Gede Herman Yudiawan
Pemuliaan Keadilan Vol. 3 No. 3 (2026): Juli : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i3.1797

Abstract

Regional decentralization within the framework of regional autonomy in Indonesia often creates a regulatory vacuum regarding the ownership and management of assets resulting from cooperation between the central and regional governments. This study aims to analyze the provisions of Law No. 23 of 2014 on Regional Government and to identify regulatory gaps and models for resolving conflicts over public assets following decentralization. The research method employed is a normative legal approach using legislative, conceptual, case-based, and comparative analyses. The findings reveal that Law No. 23/2014 does not explicitly regulate the status of assets during the agreement period, mechanisms for the transfer of rights and obligations, ownership proportions from multi-source financing, or compensation for the parent region. Consequently, legal uncertainty arises regarding large-scale strategic assets involving third parties. This study also found that multi-party mediation involving the governor and the prosecutor’s office proved more effective in resolving public asset disputes than litigation, as demonstrated in the Tasikmalaya case. This study recommends revising Law No. 23/2014 by adding a special chapter on the transfer of assets resulting from post-decentralization cooperation and formalizing the involvement of the prosecutor’s office in the mediation of public asset disputes.

Page 8 of 9 | Total Record : 85

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