Articles
301 Documents
POLITIK KRIMINAL DALAM MELINDUNGI HAK-HAK ANAK
Petrus Soerjowinoto;
Resti Nurhayati;
Hartyo Purwanto
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 1 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (318.384 KB)
|
DOI: 10.56444/hdm.v20i1.3249
Anak sebagai bagian warga masyarakat merupakan generasi penerus cita-cita bangsa, oleh karena itu anak berhak untuk mendapat perlindungan. Berkaitan dengan politik kriminal dalam perlindungan anak, diarahkan secara khusus pada politik kesejahteraan anak dan politik perlindungan anak. Perlindungan terhadap hak-hak anak berkaitan dengan permasalahan perlidungan hak-hak anak pada umumnya yang merupakan sub sistem dari perlindungan hak-hak anak. ulisan ini membahas tentang kebijakan perlindungan anak meliputi: (1) Instrumen Hukum Perlindungan Anak, (2) Batasan Usia dan Pengertian Anak, dan (3) Politik Kriminal Anak yang Bermasalah Dengan Hukum
KEPASTIAN HUKUM PENYELESAIAN KONFLIK INTERNAL PARTAI POLITIK BERDASAR UU NO 2 TAHUN 2011
Ahmad Zairudin
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (480.174 KB)
|
DOI: 10.56444/hdm.v20i2.3587
The design of internal party dispute arrangements has actually been regulated in Law Number 2 of 2011 concerningg political parties, this rule is a middle way to create regulation that can resolve internal dispute probmlems within political parties. It is hoped that this presence will be able to solve all problems within political parties that have legal certainty. There are saveral legal mechanisment disputes, including though political party courts, general courts and state administrative courts. This research Method uses normative juridical cocepts with statutory, case and conseptual approches. As for this study, researchers us sources of lega; materials in the form of primary legal materials, secondary legal materials and tertiary legal materials.
KONSTITUSIONALITAS PRESIDENTIAL CANDIDACY THRESHOLD DALAM PEMILIHAN UMUM SERENTAK
Jamil Jamil;
Sofie Rahma Dewi
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (273.032 KB)
|
DOI: 10.56444/hdm.v20i2.3577
Political party coalition is an inevitability during the multi-political party presidential administration in general election mechanism of president and vice-president election. Coalition formed in general election sphere, as stated in Law Number 7 Year 2017 regarding of General Election to fulfil the minimum 20% quota as general election participant and win the general election and coalition in the politic sphere to fill up the ministerial position. Incumbent presence as a pair of candidates implied to coalition chartering by the incumbent candidate that causes the contest not to be able to be followed by more than two pairs of candidates. It is the contrary to article 6a clause (3) and (4) of Indonesia Constitution 1945 that require the candidate to be appointed as president and vice president if they receive more than 50% of votes with the spread of 20% of votes in each province which consist of more than half of Indonesia’s total province, if not fulfilled then second round should be done, followed by two pairs of candidates that receives the highest votes. That means, constitution design was not only followed by two pairs of candidates. The implementation of presidential candidacy threshold in general election law and incumbent candidate closes the design. This research analyzes the presidential candidacy threshold constitutionality in simultaneous general election by using statute and conceptual approach.
COPYRIGHT DAN RIGHT TO COPY (PEMAHAMAN DASAR HAK CIPTA DAN HAK YANG TERKAIT DENGAN HAK CIPTA DALAM BIDANG HAK KEKAYAAN INTELEKTUAL)
Samuel Dharma Putra Nainggolan;
Ni Made Yordha Ayu Astiti;
Diajeng Woro Andini
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (332.519 KB)
|
DOI: 10.56444/hdm.v20i2.3551
Copyright is a system of rights in the field of Intellectual Property Rights (IPR). In Indonesia, arrangements regarding Copyright are currently governed by Law Number 28 of 2014 Concerning Copyright. Regulates the scope and protection of a work which is the embodiment of human creativity, taste and initiative as God's creatures. Copyright which is an exclusive right attached to the Author in which there are Economic Rights and Moral Rights. Authors and other parties who receive Rights Related to Copyrights can receive economic benefits from an existing copyrighted work (Economic Rights). died (moral rights). In the Civil Law System legal system, the focus is on protection of the Author, whereas in the Common Law System legal system, the focus is on the protection of Works.
PERTANGGUNGJAWABAN NOTARIS PENGGANTI TERHADAP AKTA-AKTA DIBUATNYA YANG MERUGIKAN PIHAK KETIGA
Cahyo Adhi Nugroho
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (328.196 KB)
|
DOI: 10.56444/hdm.v20i2.3578
The existence of a Notary with a Substitute Notary makes a Substitute Notary also requires the same legal protection as a Notary, but in Article 66 paragraph (1) of the Law there is no mention of a Substitute Notary, so a law arises. The issues discussed are about 1) how the Substitute Notary's accountability for the deeds he makes is detrimental to third parties; 2) How is the legal protection of the Substitute Notary for the deeds he made which harms third parties; 3) and what is the position of Article 66 of Law no. 2 of 2014 for Substitute Notaries. This research is a normative juridical research using secondary data which is supported by primary data in the field. The results of the analysis are presented descriptively. The data in the field were taken through interviews with the Secretary of the Regional Supervisory Council of Semarang City and one of the Senior Notaries in the City of Semarang. The purpose of this study was to determine the legal responsibility and protection of a Substitute Notary and the position of Article 66 of the UUJN for a Substitute Notary. The results of this study 1) Substitute Notary for the deed he made that harm third parties, 2) Substitute Notary legal protection, and 3) the position of Article 66 UUJN for Substitute Notaries. The Substitute Notary has the same Article as the Notary in making the deed, namely civil and criminal obligations, the legal protection possessed by the Substitute Notary is the Obligation to Deny (verschonongsplitch) and the Right to Deny (verschoningrecht), and Provision 66 paragraph (1) UUJN does not mention that the summons of a Notary The replacement also requires prior approval from the Notary Supervisory Council (MPN). In this regard, this rule does not apply to Substitute Notaries. The suggestion from the author is that it needs to be formulated and regulated explicitly in the UUJN regarding legal protection for Substitute Notaries, and it is hoped that in the future the Right to Deny Notaries including Substitute Notaries is regulated in UUJN so that the law becomes more clearly visible.
TINJAUAN HUKUM PERLINDUNGAN KONSUMEN DAN PERSAINGAN USAHA DALAM PEMANFAATAN BIG DATA MARKETPLACE DI INDONESIA
Widadatul Ulya
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (325.245 KB)
|
DOI: 10.56444/hdm.v20i2.3552
The digital era has an impact on the rapid growth of the marketplace. Through the marketplace, traders can target international markets only by marketing their products digitally. The growth of the marketplace cannot be separated from the value of consumer satisfaction in increasing purchasing power, because consumer satisfaction is the key to public trust. To provide satisfaction to consumers, business actors utilize big data technology. The use of consumer big data ultimately brings positive and negative impacts for consumers themselves and also business actors. This normative juridical research with the type of library research is carried out to see a review of business law on the use of consumer marketplace big data. This research is important because digital business is growing and developing rapidly in various sectors, one of which is the trade sector through a marketplace platform that utilizes big data. As a result, the preventive efforts that have been carried out so far through the implementation of laws and regulations have not been effective in protecting the interests of consumers, so the role of the Legal Aid Institute and the Consumer Dispute Settlement Agency is needed to support consumer protection. The healthy business competition climate also still needs to be improved, of course with the role of the Business Competition Supervisory Commission, given the limitations of the Business Competition Law which does not yet apply the principle of extraterritoriality
PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL TERHADAP OBAT TRADISIONAL MINYAK KARO
Siti Fadilah;
Maniar Nainggolan;
Reh Bungana Beru Perangin-angin
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (283.454 KB)
|
DOI: 10.56444/hdm.v20i2.3553
Indonesia is a country with abundant biodiversity scattered in various regions, one of which is biodiversity spread in the Karo Regency area which can be used as a traditional medicine "Karo Oil" for disease prevention, healing, health restoration, and health improvement. The problem is the legal protection of traditional medicines according to Intellectual Property Rights based on statutory regulations in the field of Patents, Copyrights, and Geographical Indication Rights and the government's role in the use of traditional medicinal knowledge in the perspective of intellectual property law in Karo Regency. The researcher uses research method used in this research is library research with the type of research used in this research being normative. Normative research is legal research that is carried out by examining literature or secondary data as the basic material for research by searching for regulations and literature related to the problem under study. Based on the results of the research, it can be seen that: Legal protection for traditional medicines according to Intellectual Property Rights is good for obtaining an invention to then seek legal protection, as well as the process of commercializing the invention to make a profit. The government's role in the use of traditional medicinal knowledge in the perspective of intellectual property law in Karo Regency is that the government has a role as a supporting institution and the government will carry out protection by legal or non-legal means.
MEMBANGUN SISTEM PERADILAN PIDANA ANAK DI INDONESIA BERBASIS CITA HUKUM PANCASILA
Dwinanda Linchia Levi Heningdyah Nikolas Kusumawardhani
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56444/hdm.v20i2.3594
A child criminal justice system based on Pancasila legal ideals is needed in resolving children in conflict with the law, because Pancasila is a philosophical study in restorative justice. The juridical study of restorative justice in national legal instruments, which considers and examines the relationship of various laws and regulations relating to restorative justice based on Pancasila legal ideals as a means of dealing with children in conflict with the law. Sociological studies, namely the negative side of imprisonment for children, that the impact of imposing imprisonment on children will cause stigma and this will hinder the future of children. Building an ideal juvenile criminal justice system in dealing with children in conflict with the law based on the ideals of the Pancasila law, the paradigm that must be used is the Pancasila paradigm, which is oriented to the values of "God"; oriented to the values of “Humanity”; and oriented to “Society” values
TINJAUAN YURIDIS AKTA NOTARIS SEBAGAI AKTA OTENTIK MEMUAT SUATU KETERANGAN PALSU
Monica Belinda Oksavina
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56444/hdm.v20i2.3655
A notary is a public official who has the authority to make an authentic deed. A notary deed is an authentic deed and has perfect evidentiary power. An authentic deed contains the legal actions of the parties that have been agreed upon and without coercion from any party. Often an authentic deed contains a false statement from the parties to seek profit from that party. Method The approach used in the preparation of this journal is a Normative Juridical approach. The specification of this research is Analytical Descriptive. From the results of the research, it was found that, First, the notarial deed has been drawn up by the outward, formal, and material aspects, the deed must be considered valid and binding on the parties, second, there are no specific regulations governing legal protection for a notary, only contained in Article 66 UUJN. Keywords:
KEWENANGAN AHLI WARIS DIREKTUR PERSEROAN KOMANDITER YANG MENINGGAL DUNIA SEBELUM JANGKA WAKTU KREDIT BERAKHIR
Tommy Leonard
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 20, No 2 (2022): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.56444/hdm.v20i2.3737
The death of a complementary partner affects debt agreement that was made by CV. For this reason, it’s necessary to study process of granting bank credit according to Law Number 10/1998, legal protection of the rights of heirs of complementary partners to inherited assets used as collateral for debt of a limited liability company and settlement of credit on behalf of a limited liability company using personal guarantees of complementary partners who have dies before the credit period ends. The type of research used is normative juridical whichis descriptive analysis. Dsata collection technique used is literature study. The process of granting bank credit according to Law Number 10/1998, namely: submitting credit applications, credit investigation and analysis, credit approval, credit agreements and credit disbursement. Legal protection of rights of heirs of complementary partners to inheritance which is used as collateral for the debt of a limited liability company is seen in two forms. If the heir rejects inheritance, then he is deemed to have never become an heir and his portion falls to the other heirs. Furthermore, if heir receives an inheritance, then the heir has responsibilities and obligations to CV as new shareholder. Therefore, CV's articles association clause is strongest legal protection that can be given to heirs. Completion of credit on behalf of limited liability company that uses personal guarantee of a complementary partner has passed away before credit period ends, management be carried out by Heritage Treasure Hall.