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Contact Name
Indah Satria, S.H., M.H
Contact Email
indah.satria@ubl.ac.id
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Journal Mail Official
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Editorial Address
Jl. Z.A Pagar Alam No. 89 Labuhan Ratu, Bandar Lampung
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INDONESIA
Jurnal Pranata Hukum
ISSN : 1907560X     EISSN : 26853213     DOI : https://doi.org/10.36448/pranatahukum
Core Subject : Social,
Jurnal Ilmu Hukum dimaksudkan sebagai media komunikasi, edukasi dan informasi ilmiah bidang ilmu hukum. Sajian dan kemasan diupayakan komunikatif melalui bahasa ilmiah. Melalui PRANATA HUKUM diharapkan terjadi proses pembangunan dan pengembangan bidang hukum sebagai bagian penting dari rangkaian panjang proses memajukan masyarakat bangsa.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
Search results for , issue "Vol. 18 No. 2 (2023): Juli" : 9 Documents clear
LEGAL CONSEQUENCES OF IMPLEMENTATION BUSINESS PARTNER AGREEMENTS USING THE CONCEPT OF FRENCHISE DRINK JERUKI Sunaryo Sunaryo; Rissa Afni Martinouva Rissa
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.306

Abstract

Franchising is a special right that is owned by an individual or business entity against a business system with business characteristics. This concept has proven successful and can be used by other parties based on a franchise agreement. The Jeruki beverage business cooperation has criteria and business characteristics that have similarities with the franchise agreement, system, concept and model. This citrus drink business which has a concept like a franchise already has 15 (fifteen business partners). The implementation of a franchise business is guided by a franchise agreement that must be made in writing between the franchisor and the franchisee. The Jeruki beverage company has a big chance to get a place as a franchise. This invites an analysis of whether the constraints of the citrus drink business have not been realized as a franchise and what are the legal consequences. The cooperation agreement is in the form of a franchise, however, to be said to be a business with a franchise concept, it must comply with the franchise agreement clause in accordance with the Regulation of the Minister of Trade Number 12 of 2006 concerning Provisions and Procedures for Issuing a Franchise Business Certificate and Regulation of the Minister of Trade Number 71 of 2019 concerning the Implementation of a Franchise . Unregistered trademarks and a lack of understanding of the concept of franchising cause huge losses to the initial owners of the business. The act of imitating the business concept of drinking oranges by other parties is very difficult to stop because the brand has not been registered.
DEVELOPMENT OF A PANCASILA-BASED COMMUNAL IPR LEGAL SYSTEM IN THE GLOBALIZATION ERA Dina Haryati Sukardi Dina; Rohaini Rohaini
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.307

Abstract

Traditional knowledge is an embodiment of a tradition in each country, traditional knowledge in Indonesia must be in accordance with and in line with the values contained in the ideology of Pancasila as the basis for living as a nation state in Indonesian society, the problem in this paper is how the values of Pancasila are contained in the study of knowledge traditional. Pancasila as the basis of the state implies that Pancasila is used as the basis for administering the state. Pancasila as the basis of the state means that the entire implementation and administration of government must reflect the values of Pancasila and must not conflict. The values in a traditional knowledge are actually in harmony with the values contained in Pancasila.
THE VIEW OF CONSTITUTIONAL LAW ON THE RETROACTIVE EFFECT OF MATERIAL CONTENTS OF LAWS AND REGULATION IN INDONESIA Randy Agus Setiawan; Yhannu Setyawan; Malicia Evendia
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.309

Abstract

Retroactive regulation of the contents of laws and regulations in Indonesia based on the provisions of the non-retroactive principle and the principle of legality is not allowed as an embodiment of the protection of human rights which are non-derogable rights. This arrangement is confirmed in Article 28I paragraph (1) of the 1945 Constitution and Article 1 paragraph (1) of the Criminal Code (KUHP). However, the fact is that there are still laws and regulations that are retroactively enforced and are still in effect today. The purpose of this research is to analyze retroactive provisions whether they may apply according to Constitutional Law. This research is a normative legal research by conducting a review of retroactively enforced laws and regulations using a statutory, case and conceptual approach. The results of the study concluded that retroactive validity is constitutionally not in line with the 1945 Constitution but may be enforced on the basis of its validity, namely the provisions of Article 28J paragraph (2) and Law Number 1 of 2023 concerning the Criminal Code which transforms absolute provisions (non derogable rights) is relative.
THE URGENCY OF APPLICATION OF THE ROCCIPI METHOD IN FORMING VILLAGE REGULATIONS REGARDING THE PROTECTION AND MANAGEMENT OF PEAT AND MANGROVE ECOSYSTEMS IN KUBU RAYA REGANCY Hamdani Hamdani; Muhammad Syafei; Haryadi Haryadi; Oktaviani Yenny; Chatrine Sabendi Putri
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.317

Abstract

Issues regarding Peat and Mangrove Ecosystem Management Arrangements are often discussed and become a problem in a region. There are many questions that arise, especially how to provide protection and management of peat and mangrove ecosystems and what are the wishes of the community, especially the village community, in formulating regulations regarding peat and mangroves. In fact, special methods are needed in regulating and formulating peat and mangrove regulations. For this reason, the ROCCIPI method is an alternative to making village regulations governing the Protection and Management of Peat and Mangrove Ecosystems. This study aims to discuss the urgency of implementing the ROCCIPI Method in Forming Village Regulations Concerning the Protection and Handling of Peat and Mangrove Ecosystems in Kubu Raya Regency. The research method uses descriptive qualitative. Data collection was carried out by observation and in-depth interviews. The withdrawal of informants was done on purpose. Data analysis used Miles and Huberman's interactive model which began with data collection, data reduction, data presentation and drawing conclusions. The results of the study show that the ROCCIPI method is very relevant to be used/applied in the preparation of Village Regulations concerning the Protection and Management of Peat and Mangrove Ecosystems in Kubu Raya Regency.
LEGAL PROTECTION OF VICTIMS – RIGHTS IN SEXUAL ABUSE CASES OF CHILDREN: (CASE STUDY OF DECISION NUMBER 1607/Pid.Sus/2021/PN. Tjg) Wayan Maliastra
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.318

Abstract

This study aims to determine the legal protection of victims' rights in cases of sexual abuse of children. That is special treatment in the form of obtaining legal protection in obtaining better civil rights, political rights, economic rights, social rights and cultural rights. So that when the child becomes an adult, he will understand and understand more about the rights he has. According to Hans Kelsen, legal theory is the science of applicable law and not only of what law should be. The formulation of the problem includes: 1. How is the protection of legal protection for the rights of children who are victims of sexual harassment in laws and regulations? and 2. How is the implementation of legal protection for child victims of sexual harassment in fulfilling the elements of justice? This type of normative research uses a juridical approach, legal principles and comparative law, judging from its nature this research is classified as descriptive research, namely research that describes what is about a situation. The research method used is qualitative with a normative approach. The authors collect data from libraries, documentation, print media and electronic media. From the research results, it can be obtained that legal protection for child victims of sexual harassment is regulated in Law no. 35 of 2014 changes to Law no. 23 of 2002 concerning Child Protection by providing children's rights in terms of access to fulfillment of rights, child victims of sexual abuse get legal protection in terms of providing legal assistance, rehabilitation and prevention, implementation of legal protection for child victims of sexual harassment to obtain their rights and get maximum legal protection and assistance.
LEGIS INDEPENDENCE RATIO OF JUDICIAL POWER IN THE CRIME OF CORRUPTION IN COMPARATIVE INDONESIA WITH HONG KONG Ahmad Fauzi; M. Noor Fajar; Deni Achmad
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.319

Abstract

In a country the distribution of power based on trias politica will place state power in the executive, legislative and judicial branches. With regard to judicial power, the court institution in carrying out its functions is provided by the principle of independence of judicial power, this principle is the main principle for the court in protecting human rights, the rule of law and also justice. The principle of the independence of judicial power in its application, the judge in carrying out his duties must carry out the judicial function in accordance with the oath and the law without any interference from any party (directive). In the Indonesian legal system, judicial power is regulated in the provisions of Article 24 paragraph (2) of the 1945 Constitution which states that judicial power is exercised by a Supreme Court and judicial bodies under it within the general court environment, religious court environment, military court environment, administrative court environment. state and by a Constitutional Court. This research is a legal research with a legal comparison method between the Indonesian legal system and the Hong Kong legal system, where the analysis makes a country's national law more coherent when compared to other countries. The first result: the establishment of a corruption court in Indonesia is in line with the UNCAC convention and also the Declaration of Human Rights, in which the formation of a corruption court in Indonesia uses a court structure and ad hoc judges which have many weaknesses in the aspect of guaranteeing the independence of judicial power for ad hoc judges . Second: the formation of a corruption court in Hong Kong is guaranteed in the constitution with regard to institutions and institutions, the Hong Kong constitution stipulates a prohibition on the establishment of an ad hoc court, therefore the corruption court in Hong Kong is a permanent court structure and not ad hoc in nature. So that the guarantee of the independence of the judiciary against judges is more guaranteed.
THE IMPLEMENTATION OF EXTRA JURISDICTION HIJACKING Muhammad Rafi Darajati
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.320

Abstract

Plane hijacking is a relatively new form of crime; the motives behind the hijacking varied, ranging from economic to political. The international community considers that acts of hijack can threaten international peace and security. This article aims to discuss the efforts of the international community in the fight against this aircraft hijacking crime. The results showed that the international community's efforts were to make various conventions to protect international aviation activities. In the convention, the international community made various efforts to prevent and eradicate aircraft hijacks, such as allowing each country to expand its jurisdiction.
TELOLET HORN SETTINGS BASED ON LEGISLATION IN INDONESIA Yulia Hesti; Suta Ramadan; Aprinisa Aprinisa; Pika Sari
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.321

Abstract

The use of telolet horns is currently increasingly popular in Indonesia. Telolet horn is a type of horn that produces a unique and distinctive sound. The phenomenon of "Om telolet om" or the use of the telolet horn makes many children carry out activities on the road that endanger traffic. Function of the Telolet Horn for Vehicles The horn functions as a means of communication with other road users and can make the surrounding community and road users happy. Setting Telolet Horn Based on Legislation in Indonesia where motorized vehicles operating on the road must have passed the vehicle-worthiness test and meet the technical requirements contained in other laws and regulations, one of which is the sound of a horn. The sound setting for the horn is regulated in Article 69 of Government Regulation Number 55 of 2012 concerning Vehicles, the sound of the horn as referred to in Article 64 paragraph (2) letter f has a minimum of 83 (eighty three) decibels or dB (A) and a maximum of 118 (one hundred eight fifteen) decibels or dB (A). The horn must be used according to its function so as not to harm road users and cause accidents to other motorists. It is hoped that the government will be able to make regulations specifically regarding the implementation of standard horn sounds.
CONSTITUTIONAL COMPLAINTS AS EXTRAORDINARY LEGAL REMEDIES AGAINST VIOLATIONS OF CITIZENS CONSTITUTIONAL RIGHTS Edy Suasono; Priyo Saptomo; Tri Dian Aprilsesa
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.322

Abstract

Indonesia adheres to the doctrine of constitutionalism, thus the assurance of protection for citizens' constitutional rights needs to be implemented. Constitutional violations against citizens' rights currently lack extraordinary legal measures to address them. Therefore, the author analyzes the necessity of extraordinary legal measures (Constitutional Complaint) for ensuring the protection of citizens' constitutional rights. The author employs a normative legal research method with a normative juridical approach, collecting secondary and primary legal sources, including secondary and tertiary sources. The legal materials used consist of books, journals, scholarly works, articles, and relevant legal foundations. In this research, the primary legal foundation emphasized is the 1945 Constitution of the Republic of Indonesia. To analyze this data, a descriptive analysis technique is used by gathering references from various sources, aligning them with the used legal foundation, and then conducting an analysis. The results of this research indicate the necessity of granting Constitutional Complaint authority to the Constitutional Court to provide legal certainty and ensure the protection of the constitutional rights of justice seekers.

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