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JURNAL LITIGASI (e-Journal)

litigasi
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Published by Universitas Pasundan

ISSN : 08537100 EISSN : 24422274 DOI : http://dx.doi.org/10.23969/litigasi

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 6 Documents

Search results for , issue "Vol 18 No 1 (2017)" : 6 Documents clear

KEPASTIAN HUKUM PENILAIAN KEBARUAN DESAIN INDUSTRI DI INDONESIA BERDASARKAN PENDEKATAN KEKAYAAN INTELEKTUAL DAN PERBANDINGAN HUKUM Ranti Fauza Mayana
JURNAL LITIGASI (e-Journal) Vol 18 No 1 (2017)
Publisher : Fakultas Hukum Universitas Pasundan

[Legal Certainty Of Industrial Design Revenue In Indonesia Based On Intellectual Property Approach And Legal Comparison] Protection of Industrial Designs, as well as intellectual property, is based on the ability of human creativity through creativity, taste and intention. According to Article 25 paragraph (1) TRIPs Protected Industrial Design Agreement is a new or original Industrial Design, this provision holds the principle that the novelty of a design is obtained when the design is differ from the previous, the novelty includes novelty and originality, the principal basis for the grant of Industrial Design, whereas this principle is not fully adopted in the provisions of Industrial Design. The Industrial Design Decree in Indonesia only requires novelty without clarifying how to interpret the novelty requirement so that a large number of Industrial Design Rights are obtained based on the Minor Change approach where slight differences in form and configuration have essentially demonstrated novelty. The minor change approach is considered to exclude the aspect of originality and is less able to provide legal certainty to the holder of the registered Industrial Design Rights. This paper aims to explore minor change approach as the basis for the evaluation of the novelty of Industrial Design in the perspective of comparative law in several countries of the world, namely the United States, Japan, the European Union and Australia as a study and reference material in an effort to establish protection of Industrial Design Rights in Indonesia that can provide legal certainty. Keywords: Industrial Design Revenue, Comparative Law.

KEDUDUKAN UNIDROIT SEBAGAI SUMBER HUKUM KONTRAK DALAM PEMBAHARUAN HUKUM KONTRAK INDONESIA YANG AKAN DATANG N. Ike Kusmiati
JURNAL LITIGASI (e-Journal) Vol 18 No 1 (2017)
Publisher : Fakultas Hukum Universitas Pasundan

[Unidroited Position As A Source Of Contract Law In The Future Of Indonesian Contract Law Amandement] Business transaction often faced the issue of ensuring that the rights and obligation are fulfilled as the agreement as agreed, especially when facing the difficulties of the rights and obligation of the parties due to different legal system between countries. Thereore, to answer the problems the parties will seek legal sources, namely book III of the Civil Code in addition to studying and understanding the principles of internasional commercial contract law, namely UNIDROIT which contains principles that can be adopted as one of the works that seek Standarization of contract law to encourage the harmonization of commercial law international efforts to bring together different business actors between countries, so that the same legal basis is required in the coming renewal of Indonesia contract law. Keyword : Position, UNIDROIT, Law, Contract, Indonesia.

IMPLEMENTASI UNDANG-UNDANG PERDAGANGAN DAN IMPLIKASINYA DALAM PENGENDALIAN HARGA KEBUTUHAN POKOK MASYARAKAT Engkus Engkus
JURNAL LITIGASI (e-Journal) Vol 18 No 1 (2017)
Publisher : Fakultas Hukum Universitas Pasundan

[Implementation Of Trade Laws: Implications In The Price Control Policy Of Community Needs] Issuing the act no 7 year 2014 about tade, Indonesia has new hope to design the obscene of social basic requirements were going on all this time. The main problem in the research that “increasing and decreasing pricefluctuatively” has became repeatedly in Ramadhan. It has been caused by some factors: Unbalancing Supply and demand not done optimally yet. The aim of the research to collect data, facta and problems analyses them and directly or indirectlywe want to know and increase for academic nuance as theorital, also who want to know about them deeply. The research is qualitative research, using the technical of theresearch are observation, interview, documental history and documental audio visual. The results of research, before, at the moment, after Ramadhan, the price of social basic requirements still increasely and fluctuatively. Government intervention, by short term policy not touched social basic requirements continously yet. So piling them were not clearness of official. Raring supply, increasing demand, It has been caused by social increasing consumption, Finally high increasing price. Conclusion: The price control social basic requirements policy, complately by redesign comprehensive, transparancy, participative and continuosly policy, from central government to local government towards nation autonomy in food. Keywords: Increasing Price, clearness of official, Control.

POLITIK HUKUM DI BIDANG KESEHATAN DALAM HUBUNGANNYA DENGAN PENGADAAN BARANG DAN JASA PEMERINTAH DI BIDANG KESEHATAN Taty Sugiati; Indra Perwira
JURNAL LITIGASI (e-Journal) Vol 18 No 1 (2017)
Publisher : Fakultas Hukum Universitas Pasundan

[Legal Politics In Health Area Linked With The Procurement Of Goods And Government’s Services In The Health Field] One of the state objectives is the realization of public welfare. Health as an element of public welfare. To realize welfare in respect of health, the government organizes development of health facilities at both central and regional levels by way of state goods/services procurement in the field of health. The issue encountered is what the government should do to improve the community health services in relation to the State Goods and Services Procurement in the Health Area. This research is juridical normative. It also employs a descriptive-analytical approach. The state goods and services procurement in the field of health has special characteristics, viz. it is often confronted with an abnormal condition that requires a prompt response in order for health services to be delivered, including medical equipment, medicines and even for the sake of saving human lives. To cope with such a condition, direct appointment becomes the only option to meet the requirements in the health area. Under such a circumstance, it is often the case that the official in charge of health goods and services procurement deviates from the prevailing norms and procedures and, instead, puts emphasis on saving human lives. However, the decision to perform direct appointment in the procurement of health goods / services often ends up in criminal charges, which eventually affects the health services. Keywords: Development in the field of health, procurement of goods.

POLA PENEGAKAN HUKUM PIDANA BERDASARKAN NILAI-NILAI KEMANUSIAAN DALAM PERSPEKTIF ASAS MANFAAT Gialdah Tapiansari Batubara; Anthon Freddy Susanto
JURNAL LITIGASI (e-Journal) Vol 18 No 1 (2017)
Publisher : Fakultas Hukum Universitas Pasundan

[Enforcement Pattern Of Criminal Law Based On Humanity Values In The Utility Principal Perspective] The current Criminal Code is laden with weaknesses, so it is urgent to be replaced by a law-oriented Criminal Code that is closer to the characteristics of the Muslim law (Custom and Law Family), which features Indonesian characteristics (moving from the collective and personal order, reflecting the nation's political ideology ) of Pancasila. One of the selected Pancasila values is humanitarian value. Human values are values that show respect for human beings, because they are essentially legal to human beings. In the realm of material criminal law, human values are reflected in the principle of individualization of punishment (the principle of individuality, flexibility, modification, forgiveness, and culpability), as seen in the National Criminal Code Bill. Not accommodating humanitarian values in the formulation stage will be fatal at the law enforcement stage, but it is also fatal if the error in the formulation stage is left at law enforcement stage, so it is necessary to nationalize the pattern of criminal law enforcement one of them based on humanitarian value, less focus on punishment, contain prevention strategies, strategies for imposition of prison criminal sanctions are ultimum remedium, benefit strategy and balance of interest protection and restoration of relations between perpetrators, victims, community and state, social defense strategy with a rational policy approach that includes the use of economic approach , productive action strategies and contribute to national development in order to realize the legal objectives of benefits. Keywords: Value, Humanity, Pancasila, Enforcement, Benefit.

PENDAFTARAN TANAH UNTUK MEMINIMALKAN KONFLIK ATAS TANAH Muhammad Yamin; Zaidar Zaidar
JURNAL LITIGASI (e-Journal) Vol 18 No 1 (2017)
Publisher : Fakultas Hukum Universitas Pasundan

[Registration Of Land As To Minimize The Conflict Over Land] Observing a lot of land conflicts in Indonesia which is constantly increasing, and followed by the rapidly growing populations that caused the demand for land will also increase automatically. While the number of the available land is limited. This condition will surely causes problems on controlling and ownership of the land. This research aims to identify the factors which causes conflict of land, by doing inventory to the lands which is owned by the community (whether it is registeredor not registered). The method which is used in this research is empirical normative legalresearch, by using secondary data and primary data. Secondary data is obtained through literature studies, while primary data is obtained directly from interviewees by using interview guide and questionnaire. Research location is at Deli Serdang, from 23 districts in Deli Serdang, 7 districts are taken and were made in samples from each district are assigned 100 respondents. From this research result, it is known that, the implementation of the land registration in Deli Serdang district has not happened as expected. It can be seen from the number of land which has not been registered, this condition will certainly trigger conflicts or disputes in society, both ownership boundary disputes, control of illegal land, inheritance disputes. Certificate ownership mostly only exist in urban area. The lack of interest by the community to join the land registration is due to various of reasons, which is: the community do not recognized the purpose of land registration, the cost is expensive, the management is convoluted, the community feels that it is not a necessary to do it, arable land. Keyword: Land Registration, Legal Certainty,Conflic.

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Contact Name
MOHAMMAD ALVI PRATAMA

Contact Email
alvi.pratama@unpas.ac.id

Phone
+62224-217343

Journal Mail Official
litigasi@unpas.ac.id

Editorial Address
Jl. Lengkong Besar 68 Bandung 40261 Jawa Barat.

Location
Kota bandung,

Jawa barat

INDONESIA

Abstract

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name MOHAMMAD ALVI PRATAMA

Contact Email alvi.pratama@unpas.ac.id

Phone +62224-217343

Journal Mail Official litigasi@unpas.ac.id

Editorial Address Jl. Lengkong Besar 68 Bandung 40261 Jawa Barat.

Location Kota bandung, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
MOHAMMAD ALVI PRATAMA

Contact Email
alvi.pratama@unpas.ac.id

Phone
+62224-217343

Journal Mail Official
litigasi@unpas.ac.id

Editorial Address
Jl. Lengkong Besar 68 Bandung 40261 Jawa Barat.

Location
Kota bandung,

Jawa barat

INDONESIA