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INDONESIA
Syiar Hukum: Jurnal Ilmu Hukum
Published by Universitas Islam Bandung
ISSN : 20865449     EISSN : 25496751     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 257 Documents
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Trademark Registration As A Legal Protection Effort For MSME Products Asep Hakim Zakiran; Mentari Jastisia; Belardo Prasetya Mega Jaya
Syiar Hukum Volume 20, No 2 (2022) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v20i2.11883

Abstract

MSMEs in Indonesia have enormous potential to support economic growth. It is because the number of MSMEs in Indonesia reaches 99.9% of all businesses operating in Indonesia. However, the high number of MSMEs in Indonesia has not been followed by the level of awareness of MSME actors to register their business brands. The purpose of this study is to determine the legal protection that MSMEs can obtain for their trademark registration. The method used in this research is normative juridical. The results of this study indicate that there are various benefits of registration, both preventive and repressive legal protection.
Supervision Of The Financial Services Authority's (OJK) Strategy In Counteracting Illegal Investment In The Community Komala Sridewi Lestari; Rani Apriani
Syiar Hukum Volume 20, No 2 (2022) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v20i2.7856

Abstract

This study aims to find out the duties, functions, and authorities of the financial services authority and how the role of the financial services authority in supervising and preventing illegal investment fraud that is rife in the community. Using normative juridical research methods, investment in society in general is often known as investment. Another thing with illegal investment is business activities in the form of collecting funds from the community. Therefore, supervision of the financial services authority is needed to monitor and inform important information about good and correct investment requirements.
Legal Consequences Of Land Nominee Agreements Related To Foreign Ownership (Decision Analysis Of Gianyar State Court Number 259/Pdt.G/2020/Pn.Gin) Khairunnisa Khairunnisa; Mohamad Fajri Mekka Putra
Syiar Hukum Volume 20, No 2 (2022) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v20i2.9612

Abstract

Under the Basic Agrarian Law No. 5 of 1960 article 21 paragraph 1 stated that only Indonesia citizen may have the right of ownership and it is the main principle of right of ownership in Indonesia. However, it would not be a problem for foreign citizen to have the right of land ownership in Indonesia with the use of Nominee Agreement. Nominee agreement is a form of legal smuggling towards the right of ownership by foreign citizen. The research method that will be used in this article is a juridical-normative approach by using primary and secondary legal material. As for the approach that will be used is the study documents through library research derived from statutes, publications, and related legal articles. The result shows the use of nominee agreement in right of ownership towards foreign citizen is null and void. The legality of this agreement is dubious because it does not fulfill the requirements for the validity of agreements, that is a legal cause. There is no legal protection towards the notary who create this agreement.
Administrative Sanctions For Abuse Of Authority In The Field Of Environmental Licensing Zahra Malinda Putri
Syiar Hukum Volume 20, No 2 (2022) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v20i2.9889

Abstract

Every government action in implementing government administration must be based on the applicable laws and regulations. One of them is in making a state administrative decision, namely Permit. However, often the issuance permits issued by government agencies or officials are contrary to laws and regulations, such as environmental permits. This is a form of abuse of authority in the form of exceeding the authority based on Article 18 paragraph (1) of Law Number 30 of 2014 concerning Government Administration. This study aims to determine the administration of administrative sanctions against acts of abuse of authority in the field of environmental licensing based on positive law in Indonesia. This research uses a normative juridical approach with a qualitative normative analysis method. The results of the study conclude that administrative sanctions against government agencies or officials in committing acts of abuse of authority in the field of environmental licensing are not regulated in Law Number 32 of 2009 concerning Environmental Protection and Management but are regulated in the Government Administration Act, namely receiving administrative sanctions heavy.
Criminal Law Policies In Overcoming Corruption In Indonesia Through Death Penalty In Relation To The Principle Of Justice Herman Suherman
Syiar Hukum Volume 20, No 2 (2022) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v20i2.9994

Abstract

Law of the Republic of Indonesia Number 31 of 1999 Juntco Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption Crimes still contains weaknesses in regulating death penalty. This research is a normative juridical research with the starting point of Article 2 paragraph (2) of the Corruption Crime Act. The approach in this writing uses a statutory approach (statute appoach). This study uses secondary legal materials with data collection methods used in literature studies. The results of the research found various reasons that make the implementation of death penalty stiff against perpetrators of corruption in Indonesia, therefore through criminal law policies it is necessary to reform the law. This legal renewal through a collaborative approach is based on the fact that law enforcement is a system that complements one another. These three are the legal substance aspect, the legal structure aspect, and the legal culture aspect.There are four reform models that can be carried out to deal with criminal acts of corruption, namely first, reforming legal institutions. Here, it is necessary to strengthen the authority and strengthen the professionalism of the apparatus that fills the legal institution, the police, prosecutors and the KPK must be able to work together and haveunified legal opinionregarding corruption cases, the most overt nature and sectoral ego in eradicating corruption must be eliminated. The main thing is the realization of a framework and a unified view of corruption cases. Second, reforming the legislation in the sense of re-evaluating, reorienting and reformulating the applicability of the Corruption Crime Law, both the formulation of the act and the system of sanctions, especially related to death penalty. Third, improvement in the community legal culture sector. It is no longer a legal secret that the Indonesian people are people who like to circumvent the law. With these three models of legal renewal, it is hoped that it is hoped that the handling of criminal acts of corruption through death penalty that fulfills a sense of justice can be realized.
Problem-Solving Approach By BHABINKAMTIBMAS In Mediation Of Household Problems In Mulyosari Village Rahman, Ricky; Asnawi, Habib Shulton; Mukhlishin, A; Pradikta, Hervin Yoki
Syiar Hukum Volume 21, No 1 (2023) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v21i1.11743

Abstract

This article analyzes the success of the role of Bhabinkamtibmas in carrying out problem solving efforts in mediating household problems. The purpose of writing this article is the problem solving technique of Bhabinkamtibmas in mediating household problems. In addition, to reveal the obstacles that occur in problem solving techniques when mediating household problems. This type of research is field research, which is a type of field research, which was conducted in Mulyosari Village, West Metro District, Metro City. The field research study was analyzed qualitatively. This research approach was analyzed using a case study approach. The result of her research is the problem solving of Bhabinkamtibmas in mediating household problems which was taken by Aibda Ali Iqbal by taking several steps, including identifying the problem, looking for several alternative solutions, choosing the best solution, implementing the agreed solution, the result of mediation is that both parties take the path peace. While the obstacle in carrying out mediation is the unanimous determination of the husband and wife to still want to divorce. In addition, disputing parties often give up quickly during the mediation process.
LEGAL PROTECTION FOR COMMUNITY HEALTH CENTERS THAT DO NOT HAVE PHARMACISTS IN PROVIDING PHARMACEUTICAL SERVICES wahyuni, sri
Syiar Hukum Volume 21, No 2 (2023) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v21i2.12114

Abstract

Puskesmas is a very important basic health care facility in Indonesia. One of the health services available at puskesmas is pharmaceutical services. The legal relationship between health workers who provide pharmaceutical services and patients in health centers is basically also a relationship born on the basis of a therapeutic agreement, which is an agreement where health workers who provide pharmaceutical services try their best to help the patient's recovery. The legal relationship between health workers who provide pharmaceutical services and patients in health centers is basically also a relationship born on the basis of a therapeutic agreement, which is an agreement where health workers who provide pharmaceutical services try their best to help the patient's recovery. However, often patients demand health workers both doctors and other health workers involved in their treatment in the Health Center because the disease is not successfully cured, even though in the therapeutic contract the object of the agreement is the best effort or effort of health workers be it doctors or other health workers to heal (inspanning verbitenis) and in no way cured or not cured of patients (resultaat verbitenis). The main problem is how legal protection for health centers that do not have pharmaceutical personnel in providing pharmaceutical services to patients is connected with Decree No. 74 of 2016 on Pharmaceutical Service Standards in Health Centers, and how the implementation of pharmaceutical services for health centers that do not have pharmaceutical personnel in practice in Sukadami Health Center
The Urgency of Formulating Legislation On The Protection of HIV/AIDS Patients From A Human Rights Perspective Indiyarto, Fadhil Muhammad; Lewoleba, Kayus Kayowuan
Syiar Hukum Volume 22, No 1 (2024) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v22i1.13831

Abstract

The state has an obligation to guarantee the human rights of all members of society, including people living with HIV/AIDS (PLWHA). However, in practice, the human rights of PLWHA are often violated through various forms of discrimination. One way the state provides legal guarantees is by enacting legislation related to specific issues. This is the objective of the author's research: to examine PLWHA from a human rights perspective and the urgency of formulating legislation in the context of legal protection for people living with HIV/AIDS. The author employs a Normative Juridical research method in this study. The findings of the research indicate that people living with HIV/AIDS, or PLWHA, still possess human rights despite often being targets of human rights violations in Indonesia. Consequently, the formation of legislation for the legal protection of PLWHA must be expedited to ensure their legal protection.
The Role And Position Of Basyarnas In The Settlement Of Islamic Banking Disputes Moetaba, Ahmad
Syiar Hukum Volume 21, No 1 (2023) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v21i1.11290

Abstract

In Islamic banking disputes, the institution authorized to resolve disputes is the Religious Court which is the litigation route, while there are several non-litigation routes such as deliberation, mediation, and sharia arbitration. The purpose of this study is to analyze the position of Basyarnas in resolving Islamic banking disputes. The research method uses a juridical approach that uses secondary data in the form of books, journals and laws and regulations that are analyzed qualitatively. The National Sharia Arbitration Board (Basyarnas) is an arbitration institution based on Islamic law. The National Sharia Arbitration Board was established by the Indonesian Ulema Council. The reason for the establishment of the National Sharia Arbitration Board is the idea of Sharia Economics which is characterized by the development of Islamic banking, with the example of the birth of Islamic banks which of course have disputes that must be resolved with sharia, for this reason the need to include other parties for mediation in resolving sharia disputes.
JURIDICAL REVIEW OF THE ACQUISITION OF SHARES OF A LIMITED LIABILITY COMPANY IN A BUSINESS LAW PERSPECTIVE Cahyani, Gisella Tiara; Azzahra, Najwa Maulida; Hosnah, Asmal ul
Syiar Hukum Volume 21, No 2 (2023) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v21i2.12859

Abstract

Acquisition of shares in a business often occurs when one company buys shares of another company. This article discusses the juridical aspects of share acquisition in the context of a Limited Liability Company (PT) by analyzing legal regulations, the rights and obligations of parties, and the legal protection of shareholders. As well as the legal impacts that may arise as a result of the transaction, by reviewing legal issues that may arise in the acquisition of shares, such as unfair business competition, legal protection of shareholders. Through this understanding, this article aims to provide a deeper understanding of the legal regulations governing share acquisition in the context of limited liability companies by explaining their implications in the business environment.

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