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Lex Jurnalica (Ilmu Hukum)
Published by Universitas Esa Unggul
ISSN : 18580262     EISSN : 18580262     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Lex Jurnalica adalah jurnal ilmiah yang memuat tulisan penelitian dan non penelitian dalam bidang ilmu Hukum, yang diterbitkan oleh Pusat Pengelola Jurnal Ilmiah UEU. Jurnal ini terbit 3 (tiga) kali dalam setahun yaitu pada bulan April, Agustus dan Desember.
Arjuna Subject : -
Articles 519 Documents
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Pertanggung Jawaban Perdata Seorang Dokter dalam Kasus Malpraktek Medis
Lex Jurnalica Vol 8, No 3 (2011)
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Abstract

Actually, this malpractice is not only related to the physician / health kalangangan, because other professions also can do as lawyers, teachers, journalists and others. However, because other professions less problematic than with health circles, the term is more attached to the health, especially among doctors. This will be discussed in this study is about How to implement the values contained in the Code of Medical Ethics Indonesia (Keki) for a doctor? How is accountability and medical personnel (doctors) in the event of a medical malpractice case? The objectives of the research conducted by the authors is to find out how to implement the values contained in the Code of Medical Ethics Indonesia (KEKI) for a doctor. and to find out how the accountability of medical personnel (doctors) in the event of a medical malpractice case. The method of writing this thesis is the normative method. Normative legal writing is also called the writing of literature (Library Research) is the research done by searching or reviewing and analyzing library materials or the materials ready-made documents.Keywords: Responsibility, Docter, Malpractice
Kalian Pembentukan Hukum Internasional di Komite Antariksa Perserikatan Bangsa-Bangsa (PBB)
Lex Jurnalica Vol 8, No 3 (2011)
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Abstract

United Nations Commiteee on Peaceful Uses of Outer Space (UNCOPUOS) is the first of United Nations Committee which apply using consensus procedures in adopt its decisions.  The result of the Committee and the both Subcommittee (Scientific and Technical Subcommitee and Legal Sub-commitee) use this method in adopting five United Nations Treaties on Outer Space and become positive international space law and  have been ratified by some States.  There are several challenge for the implementing of this method such as having much times to make every decisions.  This paper investigates how to implement this method in making decisions.This type of research is a normative study.Keywords:  International law, United Nation, Outer Space
Proses Pembuktian Tindak Pidana Pencabulan Terhadap Anak Kandung yang Dilakukan oleh Ayahnya
Lex Jurnalica Vol 8, No 3 (2011)
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Abstract

The problem of abuse within the family environment is not a secret anymore, it is proven by the reports in the media which includes cases of abuse like this is difficult to uncover because it is still considered taboo to be disseminated, and if to tell the other person means it will bring shame on family. Based on the above, then the problem will be the writer suggested the writing of this research is, What about efforts to control the problem of abuse within the family of the child of his father had done? The purpose of this study was to determine the response problems in the family sexual abuse against the child of his father had done. In this paper the authors obtain the necessary data through library research. The nature of this writing is descriptive of a method that takes data in writing to be elaborated so as to obtain a thorough overview and understandingKeywords: Proof, Sexual Abuse, Children
Prinsip Pengakuan dalam Pembentukan Negara Baru Ditinjau dari Hukum Internasional
Lex Jurnalica Vol 8, No 3 (2011)
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Abstract

The birth of a new nation in the international community would elicit a reaction from the country - other countries are reflected in the statement - a statement accepting or acknowledging the birth of a new country or vice versa there are countries - countries that reject or do not recognize the presence of the new state. In recognition of international law is a fairly complicated issue, because it involves the issue of Law and Political issues. Issues to be discussed is the role of the recognition How-world countries in the establishment of a new country? This study is expected to be useful and provide an evaluation of work so that these results can contribute to the development of mind, knowledge of International Law, particularly in terms of recognition of new States, and is also expected to be useful in taking the attitude that relates to the independence of a new State. This study uses a type of normative descriptive study using data types of library materials which are secondary data, ie data - data obtained from reading materials and libraries.Keywords: New Nation, Recognition, International Law
Perjanjian Alih Teknologi Melalui Usaha Patungan Antara ”Enterprise” dengan Perusahaan Perintis
Lex Jurnalica Vol 8, No 3 (2011)
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Abstract

Natural resources in oceanic seabed has been declared in International Maritime Law Convention as heritage for all people, which it exploration, exploitation, production, and distribution, required science and technology. This thing constituted by reality that limited science and technology mastered by several advanced industrial states, while natural resources, geographically not spread over widely in the world, most often the biggest natural resources spread in several developing countries.To avoid domination monopolies the source of natural resources by developed countries (industrial states) with their science, technological and capital, required the compensation for exploitation and exploration with 1 (one) term and condition which is the existence of transfer of  technology with hope can be distributed fairly among  developing countries. Through International Maritime Law Convention, arranged rights and obligations of developed countries (industrial states) to transfer of  their techno-logy to developing countries as receiver.Indonesia as member of International Maritime Law Con-vention has adopted the convention into national legislation. Transfer of technology aspects between Investor that mastering science and technological with Join Company to be certain company, intentio-nally formed for the agenda to explored and exploited the natural resources and implication must be evaluated from national importance for the agenda of wealthy people.Keywords: Transformation, Technology, Agreement
Perlindungan Konsumen, Terhadap Produk Peralatan Makan yang Mengandung Melamin Palsu
Lex Jurnalica Vol 8, No 2 (2011)
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Abstract

Tableware used in the past only made of glass / glass, kramik, plastic. With the development in various fields of science, it is currently known tableware made of melamine. Melamine is known for excellence that is not easily broken and light. Melamine is more demand led to increased production of melamine by the domestic manufacturers and overseas production of melamine. This research will discuss about the rights and obligations of consumers and businesses against products containing melamine tableware? How the security products that contain melamine tableware fake? And How is legal protection for consumers against products containing melamine tableware fake? The purpose of this study was to clarify the rights and obligations relating to consumer products containing melamine tableware false, then to explain the effects of products containing melamine tableware false, and to explain the legal protection for consumers against products containing melamine tableware false. The methodology used in this study is the Normative research is by looking at the rules relating to consumer protection as well as the issues being raisedKeywords: Protecting, Consument, Melamin
Tinjauan Terhadap Delik Pencemaran Nama Baik yang Dilakukan dengan Media Internet Berdasarkan Peraturan Perundang-Undangan di Indonesia
Lex Jurnalica Vol 8, No 2 (2011)
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Abstract

To the development of information technology and global trends as described above, included at least three elements essential requirement in the legal world, namely: (1) the legislation as an instrumental element that is expected to regulate the use and support the development of information technology, (2) Institutions war policy and oversee its implementation and control of the parties involved in the world of telematics as an element that is institutional, and (3) elements of the behavior of providers and users of information technology. Today, these elements have not been sufficiently developed in the life of society and the nation of Indonesia, so it might not be expected to actually support and reflect the characteristics of the information society as an ideal. Especially in terms of instrumental and institutional. What is Glare Libel and the Media How the Internet can become the Media Libel? What are the legal basis that can be used to trap the perpetrators of a crime or mempidana defamation committed through the medium of the Internet in Indonesia? How do I complete the offense of defamation case out of court? Form of research that writer used in this study normative research. Which is a form of normative research study conducted by searching or reviewing and analyzing library materials or materials that document readyKeywords: Delict, Internet, Regulation
Waralaba (Franchise) di Indonesia
Lex Jurnalica Vol 8, No 2 (2011)
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Abstract

Franchise contracts are granting permission by the holders of Intellectual Property Rights or other know-how to other parties to use the brand or a particular procedure is and as kopensasinya franchise holder shall pay a royalty for use of trademarks and product manufacturing processes that amount to be determined in the form of a written agreement bardasarkan , where in the event of cancellation of the agreement, then the franchise to Demand acquisition compensation and the fulfillment of the agreement.Keywords: Franchise, Agreement, Royalty
Proses Pembuatan Sertipikat atas Tanah Negara Menjadi Hak Milik Akibat Peralihan Jual Beli di Kantor Pertanahan Kota Jakarta Barat
Lex Jurnalica Vol 8, No 2 (2011)
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Abstract

Along with the growing population, demand for land continues to increase. Those needs sometimes lead to conflicts of interest so that land becomes a problem often faced by society. In carrying out the process pensertifikatan state land becomes the property should be based on legislation and regulations. But the practice, there may be irregularities. This research want to discuss about how the process of making the certificate on state land becomes the property of the transition due to buying and selling in the office of the Land West Jakarta City? and what obstacles it faced in the implementation of the manufacture of certificate of state land becomes the property of the transition due to buying and selling in the office of the Land west of Jakarta? In making this the author uses the methods of normative legal research using primary legal materials that the author got from library research. From the survey results revealed that the process pensertifikatan state land becomes the property of the transition due to be implemented by way of individual rights by attaching all the requirements of the petition and brought to the Land Office to subsequently issued certificate. And note also that the obstacles encountered in the process that is difficult to achieve agreed pensertifikatan from citizens, bureaucratic maze of government officials, many costs that are not clearly collected from residents. Solution of the obstacles encountered in the process pensertifikatan ie increased awareness of citizens, a more strict regulations governing the cost and strict sanctions.Keywords: Certified, Land, Trading
Pengaruh Budaya Masyarakat Tradisional dalam Rangka Penegakan Hukum Hak Kekayaan Intelektual
Lex Jurnalica Vol 8, No 2 (2011)
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Abstract

When listening a song that remembering us in past fond memories, then at that time, we were actually listening to an intellectual work.. Certainly, few of us,  who want to know that he/she actually  created it, laboriously. When we saw a sign form of pictures, names, words that have been prepared on combination alluring colors, then at that moment, we were actually watching an intellectual masterpiece of the creator. Or when we eat fried chicken "Kentucky Fried Chicken" which is typical, accompanied by a question mark, wonderingly , how it made, then the answer is, it is a property right that guaranteed of its confidentiality. In addition to Intellectual Property Rights (IPR), such as: Industrial Design Patents, Layout Designs of Integrated Circuits (DTLST) and Plant Variety, all of which are protected by the state through legislation. Then,  question  arises, why they should be protected ?. Except, because Indonesia has ratified the international convention (treat), there are at least two (2) answers to that question. Firstly ,because Intellectual Property Rights               (IPR) exist  from a process of  thinking, laboriously, has to be appreciated. Then, secondly, Intellectual Property Rights (IPR) has economic value for their owners, directly and provide revenue for the state of the tax sector, indirectly. Among developed countries, Intellectual Property Rights (IPR)  have appreciation, respect and protection  and they become a serious concern, both state and among entrepreneurs. In the other side ,in developing countries just like Indonesia, recognition and protection of Intellectual Property Rights( IPR) are still very bad. Primarily among domestic entrepreneurs. Whereas ,the  owners of Intellectual Property Rights still have lower awareness of law to register their IPR to Directorate General of  Ministry of Law and Human Rights. It is highly influenced by the legal culture of society who do not really care or even to let his/her right imitated by person / other parties.Keywords: IPR Protection, Economic, Cultural Rights of the Public Law

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