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Jurnal Hukum dan Konstitusi
Published by anwarpublisher
ISSN : 31097359     EISSN : 31097359     DOI : https://doi.org/10.64272/hm8f2b42
Core Subject :
Jurnal Hukum dan Konstitusi is an open access and peer-reviewed journal that aims to disseminate the results of research or conceptual studies on criminal verdicts, criminal justice, human rights crimes, child criminal cases that conflict with the law, and correctional.
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Articles 35 Documents
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Legal Issues in Trademark Licensing Agreements: Disputes And Enforcement Challenges: Legal Issues in Trademark Licensing Agreements: Disputes And Enforcement Challenges Agung Sujatmiko
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 2 (2026): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/keznnb63

Abstract

This paper will elaborate the problems of trademark license agreement. The goal of this research is to search what is the real problem in the contract agreement between licensor and licensee. To analyze this substantive, this work will apply normative legal research. At the end, this work offers some substantive and pragmatic approaches. The substantive approach will discuss and examine some theories, norms, and policies. The freedom of contract principle is the main principle of contract to legalize a trademark license agreement. Freedom of contract is applied in the manufacture of a trademark license agreement. According to the freedom of contract, the parties are free to formulate the license agreement including but not limited to royalty payment, dispute resolution, and the end of the license agreement. The other basic principle of contract covering a trademark license agreement is mutual benefit. This principle requires that the parties must obtain economic value (profit) on the agreement. Licensor is willing to obtain royalty payments from the licensee.  To sump up the royalty belongs to economic rights which is transferable in order to maximize benefit of the trademark to the licensor. In addition, another principle is the principle of equality. Equality does not mean only the licensor who has a right to terminate the license agreement but also the licensee does.
Law Enforcement Against Drug Smuggling to Nusakambangan Prison from the Perspective of Indonesian Positive Law: Penegakan Hukum Terhadap Penyelundupan Narkoba ke Lapas Nusakambangan dalam Perspektif Hukum Positif Indonesia Natanael Gracio
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/3r1f0s46

Abstract

This study examines law enforcement against drug smuggling into Nusakambangan Correctional Institution (Lapas Nusakambangan) from the perspective of Indonesian positive law. Despite its super maximum security status, Nusakambangan continues to experience drug infiltration, revealing a significant gap between the normative functions of the correctional system and its empirical reality. This study uses normative juridical method with statutory and conceptual approaches, this study analyzes applicable regulations, including Law Number 35 of 2009 on Narcotics, Law Number 22 of 2022 on Corrections, and Government Regulation Number 99 of 2012 on Conditions and Procedures for the Implementation of the Rights of Convicted Criminals of Corruption, Narcotics, and Terrorism. The findings indicate that drug smuggling occurs through multiple channels: postal parcels disguised as everyday goods, family visits exploiting loose inspection procedures, involvement of corrupt correctional officers, illegal communication devices, and transfer pathways of inmates. Contributing factors include the high economic value of narcotics, the persistence of organized criminal networks operating from within correctional facilities, weak institutional integrity among certain officers, inadequate security infrastructure, and severe overcrowding that compromises supervisory effectiveness. Law enforcement responses encompass both administrative-disciplinary and criminal-procedural channels, yet their effectiveness remains suboptimal due to a persistent gap between legal norms (das sollen) and on-the-ground implementation (das sein). The study concludes that resolving this gap requires not only normative regulation but also institutional reform, personnel integrity strengthening, advanced security technology adoption, and consistent inter-agency coordination among the Directorate General of Corrections, National Narcotics Board, National Police, and Prosecution Office.
Implementation of Correctional Legal Policy from the Perspective of Prisoner Rights Protection and the Effectiveness of Continuous Guidance at Class I Makassar Prison, South Sulawesi: Implementasi Kebijakan Hukum Pemasyarakatan Dalam Perspektif Perlindungan Hak Narapidana dan Efektivitas Pembinaan Berkelanjutan di Lapas Kelas I Makassar, Sulawesi Selatan Ilham Fahru Rozi Siregar
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/42yxax35

Abstract

This study investigates the implementation of correctional legal policies from the perspective of prisoners’ rights protection and the effectiveness of sustainable rehabilitation programs at Class I Makassar Correctional Institution, South Sulawesi. The study is based on the transformation of Indonesia’s penal system from a retributive orientation toward a correctional approach emphasizing social reintegration, human rights protection, and continuous rehabilitation of inmates. This study aims to examine how correctional legal policies are implemented in practice, particularly in fulfilling prisoners’ fundamental rights, including healthcare services, education, personality development, and humane treatment. Furthermore, this research evaluates the effectiveness of rehabilitation programs in supporting inmates’ social reintegration after completing their sentences. This study adopted an empirical juridical approach, integrating statutory analysis with empirical data collected through observations, interviews, and document analysis to examine the implementation of the correctional system. The findings reveal that, normatively, Indonesia’s correctional legal framework has accommodated the protection of prisoners’ rights. Despite these developments, the implementation of the correctional system still encounters several challenges that affect its overall effectiveness. These include prison overcrowding, limited human resources, insufficient supporting facilities and infrastructure, and the less-than-optimal implementation of sustainable rehabilitation programs. In conclusion, although the implementation of correctional legal policy at Class I Makassar Correctional Institution has been carried out, it has not yet fully achieved effective protection of prisoners’ rights and sustainable rehabilitation goals. Therefore, stronger policy implementation, improved facilities, and more adaptive rehabilitation programs are necessary to create a more humane and effective correctional system.
Legal Protection Of Well-Known Trademarks: Reasons Why Famous Trademarks Have Their Protection Expanded: Legal Protection Of Well-Known Trademarks: Reasons Why Famous Trademarks Have Their Protection Expanded Agung Sujatmiko
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/zn4zrh20

Abstract

A trademark constitutes one of the key forms of Intellectual Property Rights (IPR) and plays a strategic role in the trade of goods and services. Among the various categories of trademarks, well-known trademarks possess significant economic value due to their reputation, quality, and widespread public recognition. However, this high economic value also makes well-known trademarks particularly vulnerable to infringement, including imitation, counterfeiting, and unauthorized use by irresponsible parties. This study aims to analyze the criteria of well-known trademarks within the trademark law system in Indonesia and to examine the rationale for granting broader legal protection to well-known trademarks compared to ordinary trademarks. This research employs a normative legal research method using both conceptual and statutory approaches. The analysis focuses on the concepts of well-known trademarks and the legal provisions governing their protection under Indonesian legislation. The findings reveal that well-known trademarks receive special protection under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Such protection extends beyond the use of similar goods and/or services and may also apply to dissimilar goods and/or services under certain conditions. The expansion of protection is justified by the substantial investments made by trademark owners in building brand reputation, conducting promotional activities, and registering their trademarks across multiple jurisdictions. Accordingly, this study recommends strengthening the legal criteria for determining well-known trademark status and enhancing the effectiveness of law enforcement mechanisms to provide greater legal certainty and prevent infringements against well-known trademarks.
Restorative Justice-Based Correctional Legal Policy in Addressing Determinant Factors of Juvenile Delinquency: Politik Hukum Pemasyarakatan Berbasis Restorative Justice Dalam Menangani Faktor Determinan Kejahatan Anak Firhar Firhar Krisna Dewa
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/m85xbt41

Abstract

The shift in Indonesia's correctional paradigm through Law No. 22 of 2022 on Corrections marks a significant move toward restorative and rehabilitative approaches. Yet a persistent gap remains in the handling of juvenile offenders: the legal system continues to overlook deep-seated psychological drivers that lie at the root of delinquent behavior. This study examines the legal policy of corrections based on restorative justice, focusing particularly on childhood traumacommonly referred to as "inner child" wounds and Adverse Childhood Experiences (ACEs) as primary catalysts of juvenile crime. Employing a qualitative normative-empirical method, this research investigates how restorative justice can be reconceptualized beyond mere procedural diversion to function as a genuine rehabilitative instrument that addresses psychosocial deficits. Findings reveal that while current legal frameworks particularly Law No. 11 of 2012 on the Juvenile Criminal Justice System and Law No. 22 of 2022 on Corrections provide a normatively solid foundation for diversion and social reintegration, they lack specific operational protocols for trauma-informed care within the Special Juvenile Correctional Institution (LPKA). The research concludes that integrating psychological restoration into the restorative justice framework, through institutionalized trauma-informed correctional care, multi-disciplinary collaboration, and sustained parental engagement, is essential for reducing recidivism and producing lasting rehabilitative outcomes

Page 4 of 4 | Total Record : 35

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