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Nadhila Cahya Nurmalasari; Yudho Taruno Muryanto

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to examine the application of the first-to-file principle as a preventive legal protection in trademark disputes between MS GLOW and PS GLOW. This legal writing falls under the category of normative legal research, utilizing legislative approaches and case approaches. Legal sources used in this research include primary legal materials and secondary legal materials, collected through document studies and analyzed using deductive legal material analysis with syllogism method. The results of this research indicate that the application of the first-to-file principle as a preventive legal protection in trademark disputes between MS GLOW and PS GLOW is not well implemented and effective. This is due to existing weaknesses both in the substance of the trademark law, namely Law Number 20 of 2016, and in the stages of trademark registration, namely in the announcement stage and the substantive examination stage.

Somsack Sihaphom; Phonethip Chanthavong; Khamla Sombath

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This article investigates the role of legal frameworks in safeguarding the welfare of elderly populations, particularly in cases of financial abuse, healthcare, and elder neglect. By examining elderly care policies from various countries, the study evaluates the effectiveness of laws designed to protect the rights and dignity of older adults. Findings suggest that comprehensive elderly care policies, including legal protections and support systems, are essential for preventing abuse and ensuring quality of life.

Eszter Kovács; Gábor Nagy

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This article examines the legal protections in place for children in foster care systems, focusing on issues such as stability, mental health support, and legal representation. By reviewing foster care policies in several countries, the study assesses how well these policies uphold children's rights and meet their emotional and developmental needs. Findings reveal gaps in foster care protections, suggesting that more consistent standards are necessary to ensure children's welfare.

Nur Ikchsan; Siti Kholifah; Fajar Hari Prasetyo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze effective strategies in optimizing the use of social media, especially the YouTube and Instagram platforms, by students of Syari’ah business law courses. The focus of the research is to identify students' efforts to use social media as a relevant and useful tool in the context of social media business from an Islamic perspective and legal protection issues related to existing YouTube and Instagram social media content. The research method used is qualitative, with strategic analysis through surveys, interviews and observations of Syari’ah business students, especially content owners (Youtubers) and users who actively use YouTube as a medium for uploading content. , Content created by YouTubers is considered copyrighted. The data obtained was then analyzed to explore and document aspects of the Kedungsapur area that were thoroughly researched. The results of this research provide detailed insight into optimizing social media use of Syari’ah   business law students by uncovering unintentional mentions and attributions to certain parties throughout the public domain. This can lead to defamation, which is prohibited in Islam and violates the ITE Law, Islam emphasizes the importance of conveying information accurately and not manipulating or misusing facts. Further findings show that the presence of hackers has an impact on how content creators protect YouTube and Instagram. The meaning of this research can contribute to the development of innovative learning strategies and deepen students' understanding of the application of the law Syari’ah trading in the digital era.

Khalisha Nabila Winanti; Noor Saptanti

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research explains the procedure for implementing electronic mortgage registration and discusses legal protection for creditors in mortgage registration through SKMHT in the event of the principal's death. This normative legal research utilizes a prescriptive approach based on legislation, cases, and conceptual analysis Primary data sources include relevant laws and regulations related to mortgages, supplemented by interviews with Notaries and PPAT, as well as secondary legal materials such as books, legal research papers, and previous studies in the form of journals, theses, and dissertations related to the research. Data collection techniques are carried out through interviews, observations, and literature studies Meanwhile, the analysis technique used by the author is qualitative model. The research results indicate that electronic registration of Mortgage Rights is carried out by interested parties through the website https://mitra.atr.bpn.go.id. However, in practice, there are still shortcomings in electronic Mortgage Rights registration, particularly when it is registered using SKMHT (Power of Attorney to Burden Mortgage Rights), and then the certificate owner passes away, the registration of Mortgage Rights cannot be continued. The solution to this problem is to add an optional refinement formulation in the Electronic Mortgage Rights System that allows for the replacement of the Identity Card Number (NIK) of the grantor with the NIK of the recipient if the Mortgage Rights are registered first with a SKMHT.

Cindy Sara Nauolim; Siti Ramlah Usman; Yossie M.Y. Jacob

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The price difference between the price tag and the cashier's price that occurs at Suba Suka Store is a form of violation of consumer rights, so that legal certainty is needed to protect the rights and obligations of consumers and business actors. The formulation of this research problem are: (a) How is legal protection for consumers who experience price differences between price tags and cashier's prices according to Law Number 8 of 1999 concerning Consumer Protection? (b) What is the responsibility of business actors regarding price differences between price tags and cashier's prices experienced by consumers at Suba Suka Store, Kupang City? The objectives of this research are:  (a) To determine the legal protection for consumers who experience price differences based on Law Number 8 of 1999 concerning Consumer Protection; and (b) To determine the form of responsibility of business actors in handling the problem of price differences at Suba Suka Store in Kupang City. The results showed that (a) Legal protection for consumers who experience price differences is clearly regulated, but in its implementation based on existing provisions, it has not been carried out properly because there has been no complaint to be resolved directly by the authorized party, namely BPSK at the NTT Provincial Disperindag, so that when consumers file a complaint (b) the form of responsibility of the Suba Suka Store is to provide prices according to what is found by the store, the rest is the right of consumers to decide to continue or cancel the transaction. The conclusions in this paper are: (a) The legal protection provided has not been implemented properly because it has never been resolved by the authorized party, either directly or indirectly (b) errors in the price tag and cashier's price are things that need to be paid attention to again by the Suba Suka Store to become their full responsibility to solve the problem of price differences that occur. The author's suggestions (a) it is necessary to increase supervision and provide socialization about consumer protection (b) every business actor pays more attention to replacing price tags (c) consumers are expected to be smarter and increase awareness when they realize their rights are being violated (d) to further researchers so that they can continue this research to support this thesis.         

Yoaclino De Vedruna Ximenes; Adrianus Djara Dima; Deddy R. Ch. Manafe

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Children are a trust and gift from the Almighty God in whom the honor and dignity of being a complete human being is inherent. Every child has dignity that should be upheld and every child born must receive their rights without the child asking. It's time for the wrong paradigm that thinks children have no rights and must always obey their parents. One of the problems of violence against children is sexual violence which is the focus of this research. The cases of violence that occur are one of the weaknesses in legal protection and protection of the human rights of children who are victims, even though it is the children who must be protected. Children's rights have been expressly stated in the constitution, that the state guarantees every child the right to survival, growth and development and the right to protection from violence and discrimination. The best interests of children need to be respected, as the best interests for the survival of humanity. So that everyone always tries to ensure that children do not become victims of violence, or children fall into committing evil acts or other disgraceful acts. In general, criminal law was born to regulate and organize community life in order to create and maintain public order. Thus, before using crime as a tool/sanction, it is necessary to understand the tool itself. The Criminal Code as the parent or main source of criminal law has detailed the types of crimes, as formulated in article 10 of the Criminal Code. The research results show that the legal process in Malacca Regency is running as the law should, while the research results regarding child protection are not running or being implemented as well as possible due to the lack of legal assistance in the form of safe houses for women and children, psychologists and so on. Lack of direct support from the government itself in handling cases that occur. It is only limited to outreach to residents regarding the impacts and things that should be done to achieve harmony within the families of Malacca Regency itself.

Ni Luh Putu Sri Laksemi Dharmapadmi; Johannes Ibrahim Kosasih; I Made Arjaya

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to examine the Legal Protection for Cooperative Members in Standard Agreements on Digital Financial Services as well as the Legal Protection provided to Cooperative Members if there are problems with Digital Financial Services. The legal research method used by researchers is normative legal research. Normative legal research uses legal behavioral products, for example reviewing laws. The results of this research show that the legal protection provided to cooperative members regarding standard agreements is preventive legal protection, namely creating regulations in this case standard agreements and repressive legal protection aimed at resolving disputes arising from legal consequences. The legal remedies that can be taken are Litigation and Non-Litigation.

Binsar Reski Simamora; Fitri Ramadhani Siregar

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rights of female prisoners must be considered specifically for female prisoners, because every woman experiences menstruation, pregnancy, childbirth and breastfeeding. Coaching in correctional institutions must pay attention to laws governing special rights for women prisoners. This research is normative juridical and empirical juridical research, so the approach taken is a statutory approach, because what will be studied are various legal rules that become the focus and central theme of a study. The research specification used is descriptive analysis, namely describing the results of research with complete data and as detailed as possible. Description is intended for primary, secondary and tertiary data related to legal protection of women prisoners through analysis using relevant laws and theories. Based on the Law of the Republic of Indonesia Number 22 of 2022 concerning Corrections Article 9 Paragraph (4). Prisoners who are entitled to health services and proper food in accordance with nutritional needs, while based on Government Regulation Number 32 of 1999 concerning Terms and Procedures related to the Implementation of the Rights of Prisoners, Article 20 Paragraph (1) Prisoners and Correctional students who are sick, pregnant or breastfeeding are entitled to additional food in accordance with the doctor's instructions, but the reality in the prison is not like that, there is no assertiveness from the prison towards providing the rights of pregnant women, so that the implementation becomes ineffective.

Eugenia Giovani Anggasta Putri Banggung; Siti Ramlah Usman; Helsina Fransiska Pello

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Along with technological developments, buying and selling transactions are also influenced by technological developments. In the past, buying and selling transactions were carried out in markets, shops, stalls, but nowadays sellers and buyers carry out buying and selling transactions online (e-commerce), one of which is the marketplace. The increasingly consumerist life of society in the era of globalization has resulted in reduced public awareness of the packaged food products they consume. There are problems that often arise regarding the inclusion of net weight. For example, business actors do not include net weight information on packaged food products. This problem is certainly detrimental to the public because they do not know the actual net weight of the food product. The main problems in this research are (1) What is the legal protection for marketplace consumers against packaged food products that do not include net weight? (2) What factors cause packaged food product businesses in the marketplace to not include net weight? This research is empirical juridical research, meaning that analyzing problems is carried out by combining legal materials which are secondary data with primary data obtained in the field. The legal sources and materials used are primary and secondary legal materials. The results of this research indicate that legal protection for marketplace consumers for packaged food products that do not include net weight according to Law Number 8 of 1999 has not been implemented which has different (varied) answers from consumers because some consumers say that there are still business actors who have not know about the rules for including net weight and from the Kupang City Industry and Trade Service itself which has never handled cases regarding business actors selling packaged food products that do not include net weight, in other words there have been no complaints.

Afif Khalid; Yamani Naufal

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The protection of trade secrets against non-disclosure agreements is increasingly necessary in every cooperation agreement as a form of intellectual property protection. The purpose of this research is to know and understand the urgency of the inclusion of confidential information in the clause of the cooperation agreement so that it is fundamental to the principle of pacta sunt servanda. This research uses an analytical approach method to examine research materials through analysis of legal materials using normative legal research methods (Legal Research) In the protection of trade secrets, it also has a consequential impact on the abuse of the authority of the trade secret agreement contract because it has the nature of information that must be protected and not informed anywhere.

Enge Christina; Agustin Widjiastuti; Andyna Susiawati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Vocational training in Indonesia is organised based on cooperation or mutual agreement between educational institutions and companies. This research highlights the unavailability of legal regulations that specifically protect vocational trainees. The lack of specific regulations causes the implementation of existing labour regulations to be limited to companies where vocational training is held. Through this normative jurisprudence research, it can be seen that the vacuum legis condition, namely the existence of a vacuum of specific legal rules, has begun to have a solution. The Indonesian government has actually started to improve the quality of human resources through vocational education and training by making three new regulations related to vocational training. There are three new regulations that have been issued, namely: Presidential Regulation No. 68 of 2033 concerning Revitalisation of Vocational Education and Vocational Training issued on 27 April 2022. Coordinating Minister for Human Development and Culture Regulation No. 5 of 2022 governing the Organisation and Working Procedures of the National Coordination Team for Revitalising Vocational Education and Vocational Training, promulgated on 14 September 2022. Coordinating Minister for Human Development and Culture Regulation No. 6 of 2022 on the National Strategy for Vocational Education and Vocational Training, also promulgated on 14 September 2022. It is expected that these regulations can be implemented to protect the individual rights of prospective workers in vocational training in Indonesia.

Fitri Setyo Rini; Rina Arum Prastyanti

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Trafficking is currently a serious and urgent global problem. Indonesia itself is also a barn of human trafficking victims, especially related to the labor migration of Indonesian Migrant Workers (PMI) sent abroad. Many migrant workers are victims of exploitation and human rights violations due to human trafficking. Therefore, it is important to strengthen the protection of PMI rights through national and international legal frameworks. This research aims to analyze the legal framework for the protection of migrant workers as victims of human trafficking abroad. The method used is normative legal research by examining relevant national and international laws and regulations. The results show that Indonesia has a strong commitment through the ratification of various international legal instruments to protect migrant workers. However, law enforcement still faces various obstacles and there is a need for stronger cross-border cooperation. Therefore, a more comprehensive policy is needed to improve the protection of migrant workers.

Julitta Dewayani; Sri Heneng Prasastono; Heni Dwi Listyaningrum; Galuh Aditya; Henny Kumalasari Widodo

Maeswara : Jurnal Riset Ilmu Manajemen dan Kewirausahaan 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Differences in Results Regarding Legal Protection for Consumers When Carrying Out Online Buying and Selling Transactions. Identify legal protection for customers during e-commerce transactions based on UUPK. 2. Identify legal protection for customers during UUITE e-commerce transactions. This research was conducted to determine the legal aspects of legal protection for consumers when carrying out online buying and selling transactions. Normative juridical research methodology, also known as library research. Both UUPK and UUITE have not been fully implemented to regulate electronic buying and selling transactions. Many consumers still do not receive their rights when they become victims of errors in online buying and selling transactions. The main factors that make it difficult for consumers to obtain legal protection from relevant authorities are also influenced by a lack of socialization and consumer understanding. With current technological advances, it is hoped that businesses, consumers and related bodies will be more aware of better legal protection for all parties.

Willy Jayandi Parasian Sinaga; Dewa Gde Rudy

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of technology and information has given rise to more and more startup businesses popping up. This is also accompanied by the existence of intellectual property as a startup business asset which is very important to be protected by law. Intellectual property can be in the form of copyrights, patents, trade secrets and trademarks owned by a startup business. This study aims to find out what legal protection for intellectual property will be in startup businesses, as well as the challenges and obstacles that startup businesses will face to protect their intellectual property. This research is normative with a qualitative approach to several startup business actors and legal policy makers who are involved in the legal protection of intellectual property in startup businesses. The results of the study show that legal protection of intellectual property in startup businesses can be done through registration of copyrights, patents, trademarks, and taking legal action against intellectual property violations. However, startup businesses experience problems in terms of costs and time to register intellectual property rights as well as a lack of legal awareness and knowledge of intellectual property protection. Therefore, there is a need for more intensive outreach and education about intellectual property law protection in startup businesses.

Bisbon Sibutar-Butar; Yasmirah Mandasari Saragih

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Children in conflict with the law (ABH) who enter the detention center still have the right to be protected by law. So that legal protection for ABH is very important to run. that the existence of a child protection must be sought if we want to seek national development that can be satisfactory. Therefore, to strengthen the legal protection of children even if they are already in detention, there are several regulations that apply in the ius constitutum in Indonesia. The regulation according to the doctrine is called Child Law, which is a set of legal regulations governing children. This research is descriptive analysis. Data collection is carried out using documentation studies where all secondary data used in this study are collected using library research. Data processing is carried out to facilitate the analysis of data that has been obtained in accordance with the problems studied. Data analysis used in this research is qualitative analysis. Qualitative analysis is a specification of the nature of research to examine between theory and practice on the protection and rights of child prisoners at Lubuk Pakam Correctional Institution. Special coaching institutions are regulated in Law Number 3 of 1997 concerning juvenile courts article 61 paragraph (2), Law Number 11 of 2012 concerning the Juvenile Criminal Justice System article 82 paragraph (1), and Law Number 23 of 2002 Article 9 paragraph (1) concerning child protection where in the education system provided to juvenile prisoners in accordance with their interests and talents, juvenile prisoners are entitled to obtain their rights such as education just like children who are not in conflict with the law or loss of independence in accordance with their interests and talents, and if there are juvenile prisoners who have abilities from others will get special education.    

Wilda Malika Mufrihah; Elan Jaelani

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This article aims to explore the legal framework relating to the protection of child victims of international abduction, as well as highlighting efforts that can be made to ensure security, welfare and fair solutions for the children involved. This study uses normative juridical legal research methods, namely This was done by examining statutory regulations and international conventions in the field of legal protection for child victims of international child abduction. The method used is library research or literature study. This research uses book sources and other data. This research was also carried out by reviewing and analyzing various kinds of literature. The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multilateral agreement that aims to protect children from the detrimental effects of international kidnapping by encouraging the immediate return of children who have been wrongfully appointed or detained outside their home country. The 1980 Hague Convention on the Civil Aspects of International Child Abduction is the only international legal instrument specifically designed to deal with cases of transnational child abduction. Legal protection for children in mixed marriages experiencing divorce involves various aspects that require special attention. Law Number 23 of 2002 concerning Child Protection, in Article 1 of the 1980 Hague Convention concerning Civil Aspects of International Child Abduction is a multilateral agreement that aims to protect children from the detrimental effects of international kidnapping by encouraging the immediate return of children who have been wrongfully appointed or detained outside their home country. Legal protection for children in mixed marriages experiencing divorce involves various aspects that require special attention. Law Number 23 of 2002 concerning Child Protection, in Article 1 provides a definition, what is meant by child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with their dignity and human dignity, and receive protection from violence and discrimination.

Fadel Afandi; Mutia CH. Thalib; Mohamad Rivaldy Moha

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to determine and analyze the protection of domestic workers related to working time and to determine what legal remedies can be done in the event that working time exceeds working time in general. Researchers use the type of normative juridical research. This writing focuses on literature research in the form of collecting legal materials with legal approaches and concepts that are analyzed in a legal perspective. The results of this study indicate that: (1) Regulation No. 2 of 2015 on the protection of domestic servants (PRT) has not been able to reach the Act No. 13 of 2003 in the employment relationship. Since domestic workers are considered not employed “employers", they do not get the protection that the law gives to other workers. (2) the Ideal worker timing Model for domestic workers in Indonesia is still unclear. Domestic workers in Indonesia are still very vulnerable to exploitation related to inhumane working hours, especially for domestic workers who live with their employers. Therefore, it is expected that the government can immediately ratify the Domestic Workers Bill into the Domestic Workers Act

Ari Adi saputra; Diki pebri apriyanto; Nur Laela Hildayati

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

The rapid expansion of e-commerce has introduced new complexities in consumer rights and legal protections. This article examines the legal framework for consumer protection in digital transactions, focusing on e-commerce fraud, data privacy, and contract enforcement. Through a comparative analysis, it identifies the strengths and weaknesses of existing regulations and suggests improvements to safeguard consumer rights in the digital age. The findings aim to inform policy development for enhancing consumer confidence and security in online transactions.

Ali Hassan Al-Obaidi; Zainab Ahmed Al-Mahdi; Hussein Rashid Al-Khafaji

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

The rise of the gig economy has created a workforce with unique challenges in terms of labor rights and protections. This article examines the implications of employment law for gig economy workers, focusing on rights such as minimum wage, social security, and workplace safety. By analyzing case law and policy frameworks, the study assesses the extent to which current employment laws accommodate the needs of gig workers and proposes legal reforms to address gaps in protection and benefits.