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Jurnal Hukum dan Sosial Politik
Published by International Forum of Researchers and Lecturers
ISSN : 29864445     EISSN : 29863287     DOI : 10.59581
Core Subject :
Jurnal Hukum dan Sosial Politik dengan e-ISSN : 2986-3287, p-ISSN : 2986-4445 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 terbit 1 tahun 4 kali (Februari, Mei, Agustus dan November).
Arjuna Subject : -
Articles 268 Documents
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Permohonan Pailit Terhadap Anak Perusahaan Badan Usaha Milik Negara : (Studi Kasus PT Indonesia Power) Nabilla Syafira; Elisatris Gultom; Deviana Yuanitasari
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2084

Abstract

In debt and credit problems, bankruptcy is often the last solution to resolve the problem. State-Owned Enterprises or SOEs are also not immune from debt and credit problems that lead to bankruptcy. The regulation regarding the bankruptcy of SOEs itself is regulated in Article 2 Paragraph (5) of the Bankruptcy Law and its explanation. However, problems then arise when the subsidiaries of SOEs become bankruptcy respondents. There is no legislation that specifically regulates the bankruptcy of SOEs Subsidiaries, so this has led to confusion and debate in the community regarding the status of SOEs Subsidiaries in terms of bankruptcy. The ambiguity and debate can be seen in the implications of the bankruptcy petition case filed by the Kinarya Liman Margaseta Consortium against PT Indonesia Power, which is a Subsidiary of SOEs, namely PT PLN. This research aims to find out how the position of a SOEs Subsidiary in terms of bankruptcy is reviewed from the Bankruptcy Law and SOEs Law. The type of research used in this research is normative legal research. The research specifications used in this research are descriptive analysis. The approach used in this research is a statutory approach and case approach. Based on the results of this case study, it can be seen that when viewed from the Bankruptcy Law and the SOEs Law, basically the subsidiaries of SOEs and SOEs cannot be equated in status and position. This is supported by several theories and strengthened by the Constitutional Court Decision and the Supreme Court Decision. Thus, PT Indonesia Power's bankruptcy petition should be filed by its creditors in addition to the Minister of Finance.
Strategi Dinas Kependudukan Dan Catatan Sipil Kota Tanjungpinang Dalam Pemanfaatan Sistem Digital Melalui Aplikasi “Si Kancil” Syaihidina Hefir; Zhahara Dwi Amanda
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2086

Abstract

Along with technological advances, the development of information in today's world has grown faster and faster, so that many agencies have improved the quality of their services in various ways. E-goverment is an information technology system developed by the government to improve public services by providing options for the public to get easy access to public information. The Tanjungpinang Population and Civil Registration Office (Disdukcapil) launched the Population and Civil Registration Information System (Sikancil) application. The creation of the Sikancil application is a demand from the Minister of Home Affairs (Mendagri) who wants to be able to streamline online services, as stated in Permendagri no. 7 of 2019 concerning online administrative services (Walo, 2021: 19). This study aims to determine how the Strategy of the Population and Civil Registry Office of Tanjungpinang City in utilizing the Digital System through the Sikancil Application at the Tanjungpinang Population and Civil Registration Office (Disdukcapil), the research method used is descriptive research method with a qualitative approach.
Analisis Yuridis Penyelesaian Perkara PT. Sarana Farmindo Utama (Putusan Perkara Nomor: 28/KPPU-M/2019) Eqlima Dianti Agustianingrum; Diniati Wafida Rohmah
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2089

Abstract

Basically, merger, merger, and expropriation are actions that are unknown and also not developed in Indonesia. Mergers, mergers, and takeovers are also very vulnerable to monopolistic practices and unfair business competition, therefore the Law on antimonopoly strongly violates marger, acquisition, and consolidation which is likely to result in monopolistic practices or unfair business competition, which has been regulated in Article 29 of Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The Competition Supervisory Commission also has the obligation to conduct investigations and examinations on unfair business actors, and the existence of unfair business competition can result in an imbalance of economic power because it is controlled by one pillar only and this can lead to unfair business competition. The purpose of this study is to be able to understand the takeover procedure carried out by PT. Sarana Farmindo Utama to PT. The prospect of Karyatama in Decision Number Case 28 / KPPU-M / 2019 and also to be able to understand the settlement of cases carried out by PT. Sarana Farmindo Utama in the case of the takeover of shares of PT. Karyatama Prospects. Based on the results of the share takeover research conducted by PT. Sarana Farmindo Utama is to save PT. The prospect of Karyatama almost going bankrupt and also to continue to run as a feeder for livestock chickens, a violation that was carried out by PT. Sarana Farmindo Utama is late notification of takeover to the Commission. And PT. Sarana Farmindo has been legally penalized by paying fines, and is also required to submit proof of fine payments to the Business Competition Supervisory Commission.
Pelindungan Hak Ekonomi Terhadap Pencipta Sinematografi Digital: Studi Perbandingan Hukum Hak Cipta Indonesia dan Jerman Praxedis Ajeng Pradita; Eddy Damian; Tasya Safiranita
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2098

Abstract

Cinematographic work is protected by law under the Copyright Law No. 28 of 2014 in Indonesia. The fundamental principle is that the Creator is entitled to fair remuneration for the use of their work, in line with the alter-ego concept that gives the highest position to the Creator. In contrast to Indonesia, Germany has clearly regulated the procedures for the collection, management, and distribution of remuneration through the Urheberrechtsgesetz and the Collective Management Organization (CMO) operating with authorization from the Creator. The research method used is juridical-normative with a descriptive analysis approach. This study applies a comparative legal approach, utilizing data from both conventional and online literary sources, as well as interviews. The research findings indicate that Indonesia does not yet have specific regulations to protect the economic rights of digital cinematography. The absence of a Collective Management Organization (CMO) leads to an imbalance in licensing agreements between the Creator and digital platforms as users of cinematographic works.
Efektifitas Penerapan Sistem Persidangan Elektronik E-Court dalam Pengadilan Negeri Pamekasan R.Moh Hilman Wahyudi; Mohammad Hosen
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2109

Abstract

E-court is a court instrument as a form of service to the public in terms of registering cases carried out by the parties online, estimating court costs electronically, paying downpayments online, summoning online and sending court documents online. The purpose of this research to study the effectiveness of implementing e-court electronic trials in the Pamekasan District Court. This study uses normative legal research methods. The statutory and conceptual approaches are the approaches used in this research. The collection of legal materials in this journal uses library research. The method of analysis of legal materials used in this journal refers to deductive, namely drawing conclusions from a general problem to the concrete problems faced. The results of this research show that there are advantages and disadvantages in implementing electronic trials in the Pamekasan district court and the need for them. Further adaptation by the community in the latest innovations in case handling. In accordance with Perma No. 1 of 2019.
Penggunaan Merek Atas Peningkatan Pendapatan Dan Perlindungan Hukum Terhadap Merek UMKM Sego Pedes Basman Elvira Rosa Astrianto; Kiara Dhafa Nahdah Azalia; Natalia Evira Palit; Ramot Andrew Christian Siagian; Rumagam Amputua Hasian Siregar; Asep Saripudin
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2110

Abstract

Micro, Small and Medium Enterprises or what are usually called MSMEs have an important role in national economic development efforts in Indonesia. From year to year, the number of MSMEs in Indonesia has increased quite rapidly. However, there are still many MSME business actors who have not registered their trademarks due to limited capital and information about the benefits they receive. Trademark registration is considered to increase people's purchasing power towards a product because it can be used as a characteristic or differentiator from other products. Trademark registration can also receive legal protection for a product's trademark. Therefore, the use and legal protection of a trademark is considered very important for MSMEs. This research discusses the use of brands to increase income and legal protection for the Sego Pedes Basman Umkm Brand. The research uses qualitative research with a normative juridical approach method.
Understanding The Ruling Of The Constitutional Court No: 90/PUU-XXI/2023 From A Civil Law And Common Law Perspective Endro Satoto; Zainal Arifin Hoesein
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2112

Abstract

To ensure legal certainty in a country, various countries in the world have different legal systems which are acclimated to the needs and characteristics of each country. In general, two legal systems are commonly applied, namely the civil law legal system and the common law legal system. The civil law system is a legal system that originates from mainland Europe and is based on Roman law with the main characteristic being the existence of a codification system of the main legal principles. The three primary features of civil law legal systems are codification, non-precedential judges, and an inquisitorial judiciary. Meanwhile, the common law system is a system that refers to customs in England that are not written down and which through judge decisions are then made legally binding. The choice of the legal system will affect the preparation of legal products and the results decided. The choice of legal system significantly impacts legal products produced, whether regulations or jurisprudence. Indonesia's recent Constitutional Court verdict (90/PUU-XXI/2023) is raising concerns over its legitimacy and potential impact on the country's legal framework. Further analysis and scrutiny are necessary.
Keberadaan Komisaris Independen dalam Menerapkan Good Corporate Governance pada Perseroan Terbatas Safiratul Ummah; Eva Dwi Nur Aini; Sumriyah Sumriyah
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2116

Abstract

The existence of an Independent Commissioner in a Limited Liability Company (PT) is a crucial element in realizing Good Corporate Governance (GCG). The role of the Independent Commissioner is not only as a supervisor, but also as a balancer of the interests of shareholders, management and other related parties. So with this Independent Commissioner, transparency, accountability and company integrity can be improved. This explains how the role of the Independent Commissioner makes a positive contribution to the company's sustainability and stakeholder trust, company reputation, and creates a healthy and sustainable business environment. So, the existence of an Independent Commissioner is not just a formality, but the main key in realizing Good Corporate Governance (GCG) practices in Limited Liability Companies.
Implementasi Kebijakan Hukum Agraria Terhadap Pembagian Hak Tanah Garapan di Desa Sampali Kecamatan Percut Sei Tuan Kabupaten Deli Serdang Dahlia Natalia Lumban Gaol; Fani Nolpiana Nadapdap; Johana Andriani Nainggolan; Muhammad Hafis Faisal; Rahma Dhani Fitria Sinaga; Wulan Ayu Trisna; Yana Sebha Pasaribu; Ramsul Nababan
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2126

Abstract

This research discusses the implementation of agrarian law policies regarding the distribution of rights to cultivated land in Sampali Village, Percut Sei Tuan District, Deli Serdang Regency. This study was conducted with the aim of analyzing the impact of policies, the level of community participation, and the factors that influence the implementation of these policies. The research method is descriptive qualitative which involves literature study, field study and interviews. The research results show that the implementation of agrarian law policies has had positive impacts such as changes in land ownership status, but also has negative impacts such as conflict and legal uncertainty. The level of community participation is proven to have a crucial role in the success of policy implementation. Factors such as unequal distribution of land, legal uncertainty, and lack of community involvement are obstacles to policy implementation in Sampali Village. It is recommended to revise agrarian law policies by considering input from the community and increasing their participation in the decision-making process. Strengthening institutions at the local level, participatory conflict resolution, and developing educational programs were also identified as important steps to improve sustainability and fairness in policy implementation. It is hoped that this research can contribute to a better understanding of the dynamics of agrarian law policy implementation at the local level and become a basis for improving policies that are more effective and inclusive.
Public Perceptions of Political Phenomena Without Vote Buying: Study on The 2020 Local Election Tirta Pandu Winata
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2131

Abstract

Vote buying is a phenomenon that is often found in the arena of political contestation. However, there is a unique phenomenon in the 2020 Regional Head Election for Wonosobo Regency, which consists of one pair of candidates against an empty box. In the election (Pilkada), there was no indication of its use of money politics or vote buying, either by the candidate pair or the empty box support team. This study aims to analyze the perceptions of the people of Wonosobo Regency, who are familiar with the phenomenon of vote buying but have yet to find it in the 2020 Pilkada. The research method used in this study is a qualitative method with a descriptive approach. The results of this study indicate that three main components become symptoms and can indicate public perceptions of their absence of vote buying in the Pilkada of Wonosobo Regency in 2020. First, the cognitive component includes public knowledge and its implications for the view that there is no vote buying. Second, the affective component indicates a positive emotional aspect of vote buying. Third, the cognitive component that influences positive action after the above expectations of vote buying are not fulfilled.

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