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INDONESIA
Deposisi: Jurnal Publikasi Ilmu Hukum
Published by International Forum of Researchers and Lecturers
ISSN : 29875188     EISSN : 29874211     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Deposisi: Jurnal Publikasi Ilmu Hukum dengan e-ISSN : 2987-4211 p-ISSN : 2987-5188 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini diterbitkan 4 kali setahun (Maret, Juni, September dan Desember).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 258 Documents
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Penerapan Hukum Kekayaan Intelektual terhadap Sengketa Kasus Merek Geprek Bensu Menggunakan UU No 20 Tahun 2016
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 4 (2024): Desember : Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i4.4371

Abstract

The rise of trademark and copyright issues in Indonesia is related to the reality of globalization in modern trade, because inventive progress often causes plagiarism difficulties and challenges the legal framework of modern intellectual property rights. In the case of Ruben Onsu and Geprek Bensu, this journal attempts to answer several issues from the problem. The research method used is juridical-normative with a qualitative approach to explore data and analyze related legal norms. This study explores copyright protection in the culinary industry, the tension between name ownership and trademark rights. This journal will focus on the urgency of trademark registration and how to resolve the Geprek Bensu dispute.
Peran Japesda dalam Penguatan Kebijakan Konservasi Lingkungan Berdasarkan Undang-Undang Republik Indonesia Nomor 32 Tahun 2024
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 4 (2024): Desember : Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i4.4372

Abstract

This study examines Japesda's role in supporting the implementation of Law No. 32 of 2024 on the Conservation of Biological Natural Resources and Their Ecosystems. Japesda plays a strategic role in education and counseling, aligning with Article 37 paragraph (2), which mandates fostering public awareness through conservation education. It also contributes to managing conservation areas, as outlined in Article 5A and Article 8 paragraph (4), which emphasize local wisdom and participatory mapping. Japesda’s policy advocacy encourages community participation, supporting Article 37 paragraph (1), which underscores dialogue between the government, indigenous peoples, and stakeholders. Japesda is also active in monitoring and reporting violations, leveraging Article 39A paragraph (1), which recognizes community reports as valid initial evidence. Furthermore, Article 43A paragraph (1) provides a legal framework for Japesda to ensure conservation policies adhere to conservation principles. Despite challenges such as stakeholder resistance, limited resources, and low public awareness, Japesda continues to build capacity, forge partnerships, and enhance coordination among stakeholders. These efforts aim to overcome obstacles and support the effective implementation of conservation policies, ensuring the preservation of biological resources and their ecosystems for future generations. Japesda’s multifaceted role highlights its significance in advancing Indonesia's conservation agenda.
Tinjauan Yuridis Perlindungan Hukum terhadap Pekerja Migran Indonesia Berdasarkan Undang-Undang Nomor 18 Tahun 2017
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 4 (2024): Desember : Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i4.4376

Abstract

The phenomenon of Indonesian labor migration abroad is an important strategy for improving community welfare and contributing to national economic growth. Every year, thousands of Indonesian migrant workers (TKI) leave for various countries in hopes of finding better job opportunities. However, the reality they face often falls short of expectations, as many migrant workers experience discrimination, exploitation, and violence. Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers (UU PPMI) serves as a legal framework to provide comprehensive protection, yet its implementation still faces significant challenges. This research employs a normative legal method to analyze the effectiveness of UU PPMI in providing legal protection for migrant workers. The analysis reveals that structural, technical, and legal obstacles hinder the effectiveness of protection. Therefore, a comprehensive approach is needed, including strengthening institutions, enhancing human resource capacity, and fostering collaboration among government, private sector, and civil society. This study aims to contribute to improving the conditions of Indonesian migrant workers and promoting more effective protection.
Harmonisasi Nilai Adat dan Hukum Negara: Analisis Putusan Perkara Nomor 94/PDT.G/2022/PN JAP
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 4 (2024): Desember : Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i4.4397

Abstract

Indonesia, as a country with a pluralistic legal system, faces challenges in harmonizing customary law and state law, particularly in resolving disputes over customary land that involve traditional values of indigenous communities. This study aims to analyze how customary values are integrated with state law through a case study of court decision Number 94/Pdt.G/2022/PN Jap. The research employs a qualitative approach with content analysis techniques applied to court decision documents, supported by relevant literature reviews. The findings reveal that the court in this case not only applied positive legal norms but also considered relevant customary aspects, including the legitimacy of indigenous leaders and the recognition of communal land rights (ulayat). The panel of judges issued a decision that accommodated customary values in accordance with Article 18B paragraph (2) of the 1945 Constitution, while still adhering to the formal procedures of state law. This study identifies challenges in integrating customary law into the national legal system, such as the lack of formal regulations related to customary courts and the limited understanding of legal officers regarding local cultural contexts.
Mekanisme Rancangan Peraturan Perubahan Anggaran Pendapatan dan Belanja Daerah (APBD)
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 4 (2024): Desember : Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i4.4409

Abstract

This study aims to find out about . What is the mechanism for drafting regulations on changes to the Regional Revenue and Expenditure Budget (APBD). What are the implications and legal impacts on regulatory mechanisms for amending the Regional Revenue and Expenditure Budget (APBD) which are not in accordance with statutory provisions. The method of data collection in this study was carried out by normative empirical, namely research that uses and processes primary data and side by side with secondary, empirical normative research is focused on the implementation of statutory (normative) legal provisions in action in every particular legal event that occurs in a society (empirical) related to the mechanism of Changes to the Regional Revenue and Expenditure Budget. The results of the study show that the Regional Revenue and Expenditure Budget, hereinafter abbreviated as APBD, is the regional government's annual financial plan that is discussed and agreed upon jointly by the local government and the Regional People's Representative Council (DPRD), and stipulated by regional regulations/Perda. The APBD budget year covers a period of one year, starting from January 1 to December 31. The Regional Revenue and Expenditure Budget consists of the Revenue Budget originating from Regional Original Revenue (PAD), which includes regional taxes, regional levies, regional wealth management results and the share of balancing funds, which includes Profit Sharing Funds, General Allocation Funds (DAU) and Funds Special Allocation. Also known as legitimate income such as grants or emergency funds. While the expenditure budget is the budget used for various purposes of carrying out government tasks in the region. The Regional Government submits a draft Regional Regulation concerning changes to the Regional Revenue and Expenditure Budget (APBD) for the current fiscal year to obtain approval from the Regional People's Representative Council (DPRD) before the end of the fiscal year. After obtaining approval from the Regional People's Legislative Council (DPRD) regarding the draft regional regulation regarding the Revised Regional Revenue and Expenditure Budget (APBD-P), then the process of evaluating and establishing the draft Regional Regulation concerning the Revised Regional Revenue and Expenditure Budget (APBD-P) and the draft Regional Head Regulations regarding the translation of the Amended Regional Revenue and Expenditure Budget (APBD-P) into Regional Regulations and Regional Head Regulations. There are two legal implications of the mechanism of the Amended Regional Revenue and Expenditure Budget (APBD-P) regulations which are not in accordance with statutory provisions. First, all processes of a series of changes that do not meet the normative requirements cannot be followed up directly. Second, administratively, all types of regional government work programs originate from the remaining budget from the previous year. (APBD-P) as the legal basis
Implikasi Penundaan Kontrak Akibat Kondisi Force Majuere dalam Pandemi Covid 19
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 1 (2025): Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i1.4571

Abstract

The research aims to analyze the form of contract delay in the Civil Code and outline the implications of contract delay due to force conditions in the Covid-19 pandemic. To answer this problem, normative legal research methods or library research are used. This normative type of research uses qualitative analysis, namely by explaining existing data with words or statements sourced from prime legal materials, secondary legal materials and tertiary legal materials. Data obtained from the literature will be analyzed deductively. Analysis is a method of analyzing general legal knowledge data obtained from laws and literature and then implemented on the problems raised, so that answers to specific problems are obtained. The results of the research show that the form of contract delay is regulated in articles 1244-1245 of the Civil Code which determines that force majeure can eliminate the element of default in the agreement, as long as the force force actually occurs and prevents one of the parties from carrying out its obligations, the type of contract delay is a contract in banking institution agreements, contracts in certain collateral imposition agreements, and contracts in business agreements. The implications of contract delays due to force majeure conditions in the Covid-19 pandemic where actions occur by not carrying out or delaying carrying out the achievements stated in the contract resulting in default and ultimately civil legal disputes between the parties involved in the contract. Dispute resolution through court or litigation refers to procedural law regarding the requirements under which a dispute or legal action can be submitted and the efforts that can be taken by the parties. as for preferences for conflict resolution (ADR) or non-litigation or preferences for conflict resolution using mediation, arbitration and negotiation methods
Dasar Hukum Penetapan Tersangka sebagai Objek Praperadilan dalam Hukum Pidana
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 1 (2025): Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i1.4572

Abstract

This study aims to find out about . What are the legal provisions for determining suspects as pretrial objects in criminal law and b What are the legal implications for re-determination of suspects after being canceled by a pretrial decision. The data collection method in this study was carried out by literature study, which is a way of collecting data by searching and studying library materials (literature, research results, scientific magazines, scientific bulletins, scientific journals, etc.). Legal materials are collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials according to research problems. Therefore, the data collection technique used in this study was a literature study. The results of the study show that pretrial is a new thing in the life of law enforcement in Indonesia, has a goal to be upheld and protected, namely protecting the rights of suspects at the level of investigation and prosecution or preventing the arbitrariness of law enforcement officials against someone who is undergoing a legal process and To guarantee the protection of human rights and for law enforcers to carry out their duties consistently, the Criminal Procedure Code establishes a new institution called pretrial. Seeing the contents of the decision as referred to in Article 82 paragraph (3) of the Criminal Procedure Code, that there are 3 (three) types of implementation of pretrial decisions: committing certain acts, paying an amount of money and providing rehabilitation. The legal basis for pretrial authority in deciding the suspect's determination is found in the Constitutional Court (MK) decision No. 21/PUU-XII/2014 which states that the determination of the status of a suspect is included in the object of pretrial and also in its ruling that Article 77 of the Criminal Procedure Code is contrary to the 1945 Constitution and does not have binding legal force as long as the pretrial is not interpreted including determination of suspects, searches , and confiscation. Meanwhile, the background to the addition of pretrial authority in deciding the determination of the suspect is that the determination of the suspect's status is the end result of the investigation activities carried out which are none other than the object of pretrial. Criminal acts after the status of the determination of the suspect is declared invalid in the pretrial decision are basically still valid. Examination in pretrial cases is only in the administrative area of the investigative process. Often the Pretrial decision which cancels the determination of the suspect by the investigator, is based.
Penegakan Hukum terhadap Korporasi Pelaku Tindak Pidana Perdagangan Orang dari Perspektif Perlindungan Korban
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 1 (2025): Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i1.4588

Abstract

The government's efforts to overcome the crime of human trafficking committed by corporations are stated in Article 13 of Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. This study focuses on discussing the crime of human trafficking committed by corporations.The research method used is a normative legal approach. This study uses a statute approach and a case approach which in principle originates from primary legal materials consisting of laws and judges' decisions, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The legal material analysis technique uses grammatical interpretation techniques.The results of this study show that law enforcement is closely related to criminal liability by corporations so that when a corporation is involved as a perpetrator of a crime, the corporate management can be held criminally responsible and legal protection for victims of human trafficking in this case is in the form of restitution or compensation, this is stated in Article 48 of Law Number 21 of 2007, but in its implementation, law enforcement does not pay attention to restitution for victims, this can be seen in the court decision in the verdict that there is no compensation for the victim's recovery. law enforcement, corporations, human trafficking crimes
Aspek Argumentasi Hukum dalam Nota Pembelaan (Pledoi) yang Disusun oleh Penasehat Hukum
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 1 (2025): Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i1.4591

Abstract

The role of a lawyer is very necessary and important in order to help the defendant prepare and submit a defense memorandum (pledoi) from the perspective of legal argumentation which is based on logical and accountable thinking. We will discuss about the issued: how the defense memorandum (pledoi) functions for defendants undergoing the criminal case examination process and How aspect legal argumentation in the defense memorandum (pledoi) prepared by the lawyer. The conclusions obtained are first, the function of the defense memorandum (pledoi) for defendants undergoing the criminal case examination process is as a forum for the defendant to defend himself against the accusations or demands submitted by the public prosecutor and to convince the panel of judges trying the a quo case that the defendant should not be sentenced to justice. or at least punished with the lightest punishment possible. Second, the legal argumentation aspect in the defense memorandum (pledoi) prepared by the lawyer is a clear and logical explanation in the context of defense, rebuttal, and/or refutation of the public prosecutor's accusations and demands based on legal thoughts or views as a result of an interpretation or reasoning. law.
Tanggung Jawab Pidana Tenaga Medis Dalam Kasus Malpraktik: Perspektif Hukum Kesehatan
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 1 (2025): Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i1.4625

Abstract

Based on the objectives of the Republic of Indonesia, which protects every right and existence in order to provide welfare to its people, it is evident that technological advancement also has a significant impact on the healthcare world. Medical malpractice is a medical act that can be highly detrimental, as it directly affects the community by causing negligence in medical services. In this regard, legislation provides protection to the Indonesian people and safeguards their rights as recipients of healthcare services. The aim of this research is to examine the criminal responsibility of healthcare professionals in cases of malpractice. The author also employs a juridical research method, where the main issue serves as the primary data, and in order to provide strong results, legal regulations are used as secondary data to offer an assessment for addressing malpractice cases transparently. The results of this research explain that a doctor can be legally prosecuted for their negligence in providing healthcare services, both from the perspective of law and medical ethics.

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