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Verdict: Journal of Law Science
Published by CV Wahana Publikasi
ISSN : -     EISSN : 29853680     DOI : https://doi.org/10.59011/vjlaws
Core Subject : Social,
Verdict: Journal of Law Science (E-ISSN: 2985-3680) is an open-access, anonymous peer-reviewed journal published by CV Wahana Publikasi. This journal publishes articles on all aspects of law, covering international, national, and local levels. It aims to provide a platform for researchers, academics, practitioners, students, teachers, judges, and administrators to publish original research articles or review articles, and offers opportunities for them to stay abreast of new ideas and advances in legal reform. The topics covered by this journal are diverse, including criminal law, civil law, commercial law, health law, environmental law, agrarian law, maritime law, international law, tax law, consumer protection law, medical law, spatial planning law, labor law, transportation law, mining law, energy law, administration, and legal justice. However, it is also open to interdisciplinary legal research. The journal warmly welcomes contributions from scholars in related disciplines, with a priority on new and current issues for publication. Verdict: Journal of Law Science is published twice a year.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 71 Documents
The Legal Basis for Intellectual Property Protection: A Focus on Trademarks Dzikir, Naufal
Verdict: Journal of Law Science Vol. 3 No. 2 (2024): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.3.2.2024.94-101

Abstract

Legal protection of intellectual property, especially brands, is very important in today’s era of globalization and digital economy. A brand is not only a trade identity but also a part of an intangible asset that has high strategic value. This study aims to analyze the legal basis of intellectual property protection, especially trademarks, from a normative juridical perspective, as well as assess the effectiveness of legal implementation through case studies of trademark infringement in Indonesia. This research uses a normative juridical approach method by examining national and international laws and regulations, as well as literature studies from Scopus-indexed legal journals. The secondary data used were analyzed descriptive-qualitatively to find gaps and implementable constraints in brand protection. The results of the study show that Indonesia already has a sufficiently adequate legal apparatus, namely Law Number 20 of 2016 concerning Trademarks and Geographical Indications which is in line with international provisions such as the TRIPS Agreement and the Paris Convention. However, the effectiveness of the implementation of this regulation is still constrained by weak law enforcement, lack of public understanding, and challenges from digital-based brand infringement. The implications of this research lead to the need to strengthen legal institutions, public education, and technology-based policy innovations for more effective brand protection. Therefore, a more proactive and collaborative regulatory approach between governments, business actors, and the public is needed to realize a resilient and globally competitive brand protection system.
Tantangan dan Hambatan Pendidikan Anti Korupsi di Sektor Pendidikan Cantika, Azzahra Bunga; Sari, Hermita Liana; Indiana, Putu Nanda Karenita
Verdict: Journal of Law Science Vol. 4 No. 1 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.1.2025.1-10

Abstract

Indonesia still faces major challenges in eradicating corruption that has taken root in various sectors of life. Corruption is an act of abuse of authority or position with the aim of obtaining personal or group benefits, which is carried out illegally and harms the rights of other parties. This phenomenon not only hinders national development, but also damages the moral order and public trust in state institutions. Therefore, education, especially character education, plays a crucial role in efforts to prevent corruption from an early age. Character education not only teaches moral and ethical values, but also equips the younger generation with critical thinking skills, honesty, and high social responsibility. The challenges in the digital era are increasingly complex, because children and adolescents are increasingly exposed to content and interactions that can influence their mindset and behavior. To answer these challenges, synergy is needed between educators, parents, and the community in instilling anti-corruption values ​​through an adaptive, value-based, and contextual educational approach to the development of the times. In addition, the state’s commitment to the protection and development of children as regulated in Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, is a strong legal basis for integrating anti-corruption education into the national education system. Thus, holistic and sustainable education is expected to be able to form the character of the nation’s generation that is anti-corruption in order to create a clean, just and dignified Indonesia.
Eksploitasi Nikel di Era Energi Terbarukan: Antara Harapan Global dan Kutukan Sumber Daya, Studi Kasus di Sulawesi Tenggara, Indonesia Ham, Umirul; Abdillah, Ashar
Verdict: Journal of Law Science Vol. 4 No. 1 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.1.2025.57-69

Abstract

The transition toward renewable energy, promoted as a global response to the climate crisis, has generated a new paradox in Indonesia. On the one hand, green energy policies aim to reduce carbon emissions; on the other, they have accelerated the extraction of mineral resources such as nickel, leading to ecological degradation and social inequality. This study examines how the paradox of energy transition materializes in nickel exploitation practices in Southeast Sulawesi and to what extent this reflects the phenomenon of the resource curse. Using a descriptive qualitative approach within a socio-legal framework, the research integrates environmental law analysis with empirical data from interviews, observations, and policy documents. The findings reveal that weak law enforcement, overlapping institutional authority, and the dominance of economic interests have deepened ecological inequality. The green paradox and resource curse are evident in the imbalance between sustainability objectives and extractive realities. Addressing this issue requires environmental law reform based on ecological justice, strengthened multi-level governance, and meaningful community participation in decision-making processes.
Prohibition and Sanctions for Beggars: A Juridical Review Hau, Lucia de Canossa Silva; Wirawan, Ketut Adi
Verdict: Journal of Law Science Vol. 4 No. 1 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.1.2025.11-22

Abstract

The phenomenon of beggars in public spaces has become a social and legal issue that continues to evolve in Indonesia. On one hand, begging is viewed as an expression of economic necessity among marginalized communities; on the other hand, its presence is often considered to create social problems that require legal intervention. This study aims to address two main research questions: (1) how sanctions for beggars are regulated in Indonesia; and (2) what legal consequences arise when someone gives money to beggars. This research employs a normative juridical method with statutory and conceptual approaches to examine relevant legal provisions in the Indonesian Criminal Code (KUHP), Regional Regulations (Peraturan Daerah), and scholarly literature. The findings indicate that regulations concerning beggars are not specifically stipulated in the KUHP, but many regions have established provisions within Regional Regulations on public order. Sanctions for beggars may include imprisonment, administrative fines, and social rehabilitation. Meanwhile, individuals who give money to beggars are generally not subject to direct criminal penalties, although some Regional Regulations extend the prohibition by imposing sanctions on givers as well. This study concludes that regulations concerning beggars largely depend on regional authority and are administrative in nature, thereby highlighting the need for policy harmonization to ensure a more effective approach in addressing the issue of begging.
Analisis Kriminologis terhadap Anak sebagai Pelaku Tindak Pidana Pencurian (Studi Kasus Putusan Pengadilan Negeri Tabanan Nomor 14/Pid.Sus/2014/PN.Tbn) Paramahan, Marchello Gabriel; Taun, Taun
Verdict: Journal of Law Science Vol. 4 No. 1 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.1.2025.23-35

Abstract

This study aims to analyze the legal considerations of the judges in the Tabanan District Court Decision No. 14/Pid.Sus/2014/PN.Tbn regarding children as perpetrators of theft, as well as to examine the criminological factors that underlie the child’s criminal behavior and its relevance to the imposed criminal sanctions. The research applies a normative legal method using statutory, case, and conceptual approaches. The findings indicate that the panel of judges accurately applied the elements of aggravated theft and complied with juvenile justice procedures, including the use of social investigation reports, legal assistance, and parental involvement. However, substantively, the decision has not fully reflected the principles of restorative justice and the best interests of the child as mandated by the Juvenile Criminal Justice System Law (UU SPPA). From a criminological perspective, the child’s action was influenced by inadequate parental supervision, negative peer influence, economic pressures, psychological immaturity, and situational opportunities to commit the crime. These factors demonstrate that the child’s behavior is situational and should be addressed through rehabilitative rather than punitive imprisonment measures. Therefore, this study emphasizes the need to optimize the implementation of restorative justice in juvenile cases to ensure the achievement of protection and rehabilitation objectives.
Efektivitas Kejaksaan dalam Penanganan Kasus Korupsi Timah: Suatu Analisis Yuridis Kuantitatif Zulkifli, Suhaila; Br. Situmorang, Zefanya Rianju; Vitri, Indah Sya; Hidayat, Afrah; Felix, Felix; Sembiring, Adrian
Verdict: Journal of Law Science Vol. 4 No. 1 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.1.2025.36-56

Abstract

The analysis focuses on three key dimensions: the institutional authority of the Prosecutor’s Office in conducting investigations, prosecutions, and asset recovery; the juridical and statistical indicators that reflect the institution’s performance; and the legal factors that support or hinder the Prosecutor’s Office in managing complex corruption cases in the natural resources sector. The findings reveal that the centralized and integrated structure of the Prosecutor’s Office provides a strong legal foundation for exercising investigative and prosecutorial powers in corruption cases. Quantitatively, the increase in the number of investigations, the identification of key actors, and measurable progress in state-loss recovery signify an improving level of institutional effectiveness. However, several challenges persist, including regulatory gaps in calculating state losses in extractive industries, the complexity of criminal networks, and evidentiary barriers related to proving unlawful conduct and state financial loss. In the area of asset recovery, the Prosecutor’s Office demonstrates substantial legal authority, yet limitations in cross-jurisdictional asset tracing and administrative land verification remain obstacles. The study concludes that regulatory reform, enhanced institutional capacity, and strengthened data and forensic technology support are essential to improve the Prosecutor’s Office’s effectiveness in resolving the tin corruption case and maximizing state recovery.
Analisis Itikad Tidak Baik dalam Pendaftaran Merek: Tinjauan Hukum dan Implikasinya Noor, Tajuddin; Zulkifli, Suhaila; Keliat, Venia Utami
Verdict: Journal of Law Science Vol. 4 No. 2 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.2.2025.87-101

Abstract

To prevent infringement and cancellation, trademarks, as a form of intellectual property, must be clearly distinguishable from one another. The process of trademark registration must comply with the procedures established by the Directorate General of Intellectual Property (DGIP), which serve as a formal basis for the recognition of legal ownership. Despite this, similarities between trademarks frequently occur, resulting in disputes that are often rooted in bad faith. This study examines the procedural aspects of trademark registration under Law No. 20 of 2016, the criteria for acceptance or rejection of a trademark application, and the mechanisms for resolving disputes arising from bad-faith registration. This research adopts a normative juridical approach, utilizing theories, legal concepts, and statutory frameworks that are relevant to trademark protection. Primary data were obtained through field observations and community interviews, while secondary data were collected from books, online databases, and prior research. The findings indicate that bad faith is characterized by the deliberate intent to imitate an existing registered trademark, which may cause economic loss or reputational damage to the rightful owner. The law further stipulates that applicants acting in bad faith may be subject to sanctions. In conclusion, trademark registration procedures are governed by Article 4 of Law No. 20 of 2016, which requires that a trademark possess distinctiveness. Applications that fail to meet this requirement may be rejected in accordance with Article 21. Available dispute-resolution mechanisms include deletion or cancellation of a registered mark, as well as the filing of infringement lawsuits.
Praktik Penjualan Akun Netflix Sharing Premium Ilegal dalam Perspektif Hak Cipta Putri, Made Dhea Mulya; Kosasih, Johannes Ibrahim; Putra, I Made Aditya Mantara
Verdict: Journal of Law Science Vol. 4 No. 2 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.2.2025.124-135

Abstract

The development of digital technology has transformed the way people consume entertainment content, including through streaming services such as Netflix. Under copyright law, Netflix is protected as a computer program. However, the unclear definition and lack of classification related to computer programs in Law Number 28 of 2014 on Copyright create legal uncertainty regarding the protection of streaming applications. This study examines copyright protection for the Netflix application in relation to the illegal sale of shared premium accounts, as well as the legal consequences arising from such practices. The research employs a normative legal method with a statutory and conceptual approach. The findings indicate that Netflix is protected internally through its Terms of Use and externally under Law Number 28 of 2014, which prohibits commercialization without the authorization of the copyright holder, as well as Law Number 1 of 2024, which criminalizes illegal access. The legal consequences of the illegal sale of Netflix accounts include the cancellation of sale and purchase agreements, potential claims for damages by Netflix, and the possibility of account suspension for buyers. In conclusion, the public should possess legal awareness in respecting intellectual property rights, particularly copyright, by refraining from purchasing and using illegal Netflix accounts. Such conduct not only violates existing legal regulations, but also generates negative impacts in the form of losses for creators or rights holders.
Kajian Undang-Undang Desa 3 Tahun 2024: Narasi Perubahan Abdillah, Ashar; Ham, Umirul; Fakruddin, Faiz
Verdict: Journal of Law Science Vol. 4 No. 2 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.2.2025.115-123

Abstract

This study aims to analyze how the Village Law has changed from Law Number 6 of 2014 to its amendment through Law Number 3 of 2024, as well as the objectives behind this alteration. The Village Law introduces a new dimension to village governance by positioning villages as strategic actors in regional development. This regulation provides broader space for the involvement of all stakeholders in village advancement and offers opportunities for villages to demonstrate their capacity and transform towards independence. Furthermore, the authority to establish and manage village institutions and to acquire sources of revenue enhances village autonomy in determining development directions. This research employs a qualitative approach. Data were collected through library research methods. In addition, data were obtained by reviewing relevant literature such as articles, books, and documents. The results indicate that the changes to the Village Law are expected to guide village governance towards prioritizing development, community building, and community empowerment based on Pancasila, the Constitution of the Republic of Indonesia, the Unitary State of the Republic of Indonesia, and Bhinneka Tunggal Ika in accordance with statutory regulations. The transformation of the policy from Village Law No. 6 of 2014 to Law No. 3 of 2024 is not merely an administrative adjustment, but rather an effort to reorient the paradigm of village development. This change illustrates that villages are no longer viewed as development objects dependent on the central government, but as political entities with greater authority, capacity, and flexibility in determining their own development pathways.
Legal Framework on Women’s Participation in Legislative Elections in Indonesia: A Normative Analysis of the Role of Political Parties Guterres, Mirela Maria Ribeiro; Dewi, Anak Agung Sagung Laksmi
Verdict: Journal of Law Science Vol. 4 No. 2 (2025): Verdict: Journal of Law Science
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.2.2025.70-86

Abstract

Women’s participation in legislative elections is one of the key indicators of the success of substantive democracy in Indonesia. The Indonesian Constitution guarantees equality between men and women in all aspects of state life. However, women’s representation in legislative bodies remains far below expectations, despite the existence of several legal regulations governing quotas and women’s participation in politics. This article examines two main issues: (1) the legal framework regulating women’s participation in legislative elections in Indonesia, and (2) the implementation of these regulations by political parties in the legislative nomination process. This research employs a normative juridical method using a statute approach and an analytical approach. Data were obtained through an examination of the Constitution, statutory regulations, regulations issued by the General Elections Commission (KPU), and relevant academic literature. The findings show that the regulation of women’s participation in legislative elections is embedded in various legal instruments, such as Articles 28H and 28I of the 1945 Constitution, Law Number 7 of 2017 on General Elections, and KPU Regulation Number 10 of 2023. However, in practice, the implementation of these provisions continues to face several challenges, particularly relating to political party structures, entrenched patriarchal culture, and the limited institutional commitment to gender equality. It can be concluded that although the normative framework governing women’s participation is adequate, its implementation remains ineffective. Political parties require internal political reform, and stronger oversight from electoral management bodies is necessary to ensure that women’s representation is not merely formalistic but also substantive.