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Adrasitta Khaliddya Fithrianni; Aam Suryamah; Agus Suwandono

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

The Prita Mulyasari case in 2008 highlighted the challenges of protecting consumers from strategic lawsuit against public participation (SLAPP) suits. SLAPPs aim to stop and prevent individuals or non-governmental organisations from exercising their right to voice their opinions publicly. However, specific regulations addressing SLAPP in the realm of consumer protection in Indonesia are still lacking. The Prita Mulyasari case underscores the need for further attention to establish clear and specific rules to protect consumers from SLAPP practices. This research will further examine how the Supreme Court Decision No. 300K/PDT/2010 in the Prita Mulyasari case can serve as a benchmark in upholding consumer rights within the Indonesian legal framework, especially given the absence of a legal umbrella that protects consumers from lawsuits aimed at limiting public participation in the form of SLAPPs by businesses. This research will employ a normative juridical approach, focusing on primary, secondary, and tertiary legal materials. The study will analyze data gathered from literature reviews using a qualitative normative data analysis method. The research findings indicate that although the Supreme Court granted Prita Mulyasari’s appeal, the legal reasoning in Decision No. 300K/PDT/2010 did not explicitly address the concept of SLAPP. The Supreme Court’s considerations largely focused on the fulfilment of the elements of tort under Article 1365 of the Civil Code. However, the Supreme Court’s use of Article 28F of the 1945 Constitution to justify Prita Mulyasari's conduct is a crucial step in strengthening the legal position of those who express criticism or complaints, as well as their  status as consumers.

Ummi Habsyah; Hartana Hartana; Dewi Iryani

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

Land has an economic value to its owner. When land is acquired in the public interest, the loss is determined by the KJPP Land Appraiser, who is responsible for the appraisal. Violations of the appraiser's duties are subject to administrative and/or criminal sanctions. The valuation includes land, surface and underground areas, buildings, equipment and related objects. The results of the appraisal become the basis for deliberations to determine the compensation, and the entitled party may take legal action in case of disagreement. This research uses a normative juridical method with a Legislation, Case, and Concept approach. The data used are secondary data (primary, secondary, and tertiary legal materials) and primary data as support. Data analysis is carried out using the normative juridical analysis method. The results of the study show that there are several problems in land acquisition, such as different results of object value assessment and regulatory inconsistencies, which lead to unequal bargaining positions. Conclusion: Appraisers are responsible for conducting appraisals according to established procedures. Researchers hope that the valuation results can be accounted for and in accordance with the law, as well as special rules for the Public Appraisal Profession and Supreme Court Regulations related to compensation procedures in land acquisition.

Detaris Gulo; Diki Zukriadi

Jurnal Insan Pendidikan dan Sosial Humaniora 2024 International Forum of Researchers and Lecturers

The two main different principles in judicial system in the various legal states are namely(first): as the unity of jurisdiction system applied by rule of law which only consisted of Civil court and, (second): the duality of jurisdiction system which applied by rechtstaat Law states that is known consisted of civil court and administrative court. Civil courtCulminates in the Supreme Court while the Administrative Court culminates in the StateCouncil (Conseil d’Etat). These two systems are not just different in court organizational hierarchy, but also different ini the legal substance and the legal procedural. TheResearch reports show that the Judicial system in Indonesia is very unique , from the Judicial organization alhierarchy perspective is closer to the system of unity ofJurisdiction, whereas from the principles of the court and the procedure of dispute Settlement perspective is closer to the duality of system jurisdicton so the authors finally Conclude that the judicial system of Indonesia is a mixture system.

Munawan Syahputra; Hasdiana Juwita Bintang; Mochammad Erwin Radityo

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

The transfer of land rights is a legal event/action that results in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. Land transfer refers to the process or action that changes land ownership from one party to another. This can occur through a variety of means, including sale, inheritance, gift, or voluntary or forced surrender. For example, if someone sells a house to someone else, that is a transfer of land. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. Transfer of land rights is a right to transfer land rights from an individual to a legal entity. Legal transitions usually occur due to legal acts and legal events. The implementation of the transfer of land rights can occur due to transfer or transfer. Switching, for example due to inheritance of Decision Number. 13/Pdt.G/2020/Pn Tbt The Panel of Judges rejected the Defendants' exception in its entirety in the main case, rejecting the plaintiff's claim in its entirety. Decision Number 422/Pdt/2020/PT Mdn that accepts the bandi application from the Comparator's Attorney for the original Plaintiff based on the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/Pn Tbt, dated 20 July 2020 which is appealed in the exception and rejects the exception Appellee 1 and Appellee II, in the main case, canceled the decision of the Tebing Tinggi District Court which was appealed. At the cassation level, Decision Number 1928 K/Pdt/2021, namely granting the cassation petition from the cassation applicants consisting of the Chair of the Community Empowerment Institution, formerly the Community Social Institution, represented by Iskandar and Lalang Village, Rambutan District, Tebing Tinggi City, represented by Lura Adi Supeno, thereby canceling the Medan High Court Decision Number 422/PDT/2020/PT Medan and dated 21 October 2020 which annulled the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/PN TBT dated 20 July 2020.

Abim Febri Hananto; Raihan Canggih Panilih; Reihan Setya Banda Syah Putra; Tariq Tariq; Wildan Setiawan

Saturnus: Jurnal Teknologi dan Sistem Informasi 2024 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

Political dynasty is a political power exercised by a group of people who are related by family, with the aim of obtaining power and ensuring that this power remains within the group by passing it on to other family members. This study conducts a sentiment analysis on comments related to the Supreme Court decision which is believed to pave the way for Kaesang Pangarep in support of Jokowi's political dynasty. Sentiment analysis is carried out using the Naive Bayes method, a commonly used algorithm for text classification based on probability. The data used consists of comments from videos taken from social media platforms. These comments are then categorized into positive, negative, and neutral sentiments. The results of the study show the distribution of public sentiment towards this issue, providing an overview of how the public responds to the decision. The Naive Bayes method is chosen for its simplicity and its ability to provide reasonably accurate results in text analysis.

Gilang Mafliano Rachmatshah; Dyah Hayu Woro Indrasti; Lois Salwa Aurella

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

This article examines and discusses the Supreme Court judge's decision regarding the results of the Individual Candidate Dispute in the 2020 Ketapang Regent and Deputy Regent General Election at the Regency Level during the Improvement Period. viewed from the perspective of State Administrative Law. seen from the case and the way the judge assesses the case and the judge's decision. In this article we use qualitative research methods, which focus on observation and in-depth research. pay attention to human behavior and what aspects influence it. This is realized by looking at what aspects make the plaintiff object and what aspects influence the judge to make a decision

Gita Suci Pratiwi; T. Riza Zarzani; Rahmayanti Rahmayanti

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

The 2009 Narcotics Law, also known as Law 35, demonstrates a clear intention to deter people from committing drug-related offences. To achieve this, the law applies stricter penalties, including the possibility of the death penalty, with minimum and maximum sentences set based on the severity of the threat posed by drug abuse and illicit trafficking. These measures are crucial in maintaining national security and safeguarding the resilience of our society. This research consists of a legal review of the criminal offence of drug trafficking and the eradication of drug trafficking in Indonesia. This includes an analysis of Supreme Court Decision Number 5832 K/Pid.Sus/2022. The research methodology used is normative legal research, with a descriptive approach. The data for this research is collected from primary and secondary sources through the literature research method. The death penalty is expressly mentioned as an appropriate punishment for serious drug offenders in Law Number 35 Year 2009 on Narcotics. The implementation of this punishment in Indonesia is essential to protect the state, society, and public interest. The act of trafficking narcotics poses a great threat to these three interests so it is justifiable to impose the death penalty on the perpetrators. In line with Supreme Court Decision Number 5832 K/Pid.Sus/2022, the author agrees with the decision of the panel of judges who revoked the defendant's acquittal and imposed the death penalty. This decision is very appropriate for drug dealers who continue to carry out illegal activities even though they have been imprisoned.

Helda Okta Havifah; Somawijaya Somawijaya; Rully Herdita Ramadhani

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This research aims to analyze the judge's considerations regarding the circumstances of mitigating the sentence in the Supreme Court decision Number 813k/Pid/2023 based on the principle of proportionality of punishment. The principle of proportionality of punishment is a principle of criminal law which demands that the punishment given must be proportional to the error committed by the convict. The research method used is a literature study by collecting and analyzing data from relevant Supreme Court decisions as well as theoretical reviews related to the principle of proportionality of punishment. The research results show that the judge's consideration of Inspector General Ferdy Sambo's service as a member of the National Police as a mitigating circumstance was appropriate. Although theoretically, a person's service should not be used as a reason to mitigate punishment, in practice, the service of a defendant is often considered in court decisions in Indonesia. However, the judge's consideration of merit as a reason for mitigating punishment in this case was not sufficient to reduce the reproach attached to the defendant, especially with his state apparatus status. Therefore, the decision of the panel of judges to change the sentence to life imprisonment was wrong and not in accordance with the principle of proportionality

Rasyid Siddiq; Dhiauddin Tanjung

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

This research aims to examine more deeply the cancellation of gifts made by parents to their children, as regulated in Article 212 of the Compilation of Islamic Law, where gifts cannot be withdrawn, except for gifts from parents to their children. This research uses a study of decision number 467/K/AG/2017 to see whether the panel of judges applies article 212 of the Islamic law compilation to apply the rules of Ushul. This research is qualitative research with a normative juridical approach. The results of this research show that the panel of judges attempted to prioritize the benefit in accordance with the Maṣlaḥah concept put forward by Al-Ghazâlî, both at the Al-darûrât, al-hâjat and al-tahsinî levels, but the panel of judges did not directly quote the rules of ushul and prioritized the rules with a different orientation but with the aim of fulfilling the benefit of the parties involved in the lawsuit, both at the level of preserving offspring (Hifz al-Nasl) and preserving property (Hifz al-Mal) in accordance with the objectives of the syara' (maqāṣid al-syarīah).

Antonius Ivananda Dias Wijaya; Diana Tantri Cahyaningsih

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

This legal writing aims to examine and analyze the inconsistency of the Supreme Court in providing protection for well-known brands in Indonesia. This research is normative legal research that is prescriptive in nature. The approaches used in this research are the statutory approach, case approach, comparative approach and conceptual approach. This research uses primary legal materials, statutory regulations and Supreme Court decisions relating to well-known trademark disputes as well as secondary legal materials in the form of research results discussing trademark disputes. The results of this research are that the Supreme Court decisions studied in this research conclude that there is inconsistency in the Supreme Court in providing protection for well-known brands. The Supreme Court has not been able to provide an appropriate protection mechanism in dealing with the legal vacuum regarding the definition of a Famous Mark. This has implications for various interpretations in considering the popularity of a brand. The considerations given by the Supreme Court have not shown justice and continuity with the ratification of international agreements regarding the legal protection of well-known marks. Where judges should be able to refer to jurisprudence in resolving famous brand disputes, this research concludes that there are inconsistencies in this matter so that legal certainty has not been created regarding the protection of famous brands.

Pangesti, Shinta; Kusnadi, Felicia

Notary Law Research 2024 Program Studi Magister Kenotariatan Fakultas Hukum UNTAG Semarang

The transfer of land ownership is often done through sales and purchases. People who are under guardianship may also do the transaction through specific procedures that have been regulated in Indonesia. This research aims to answer the two problem formulations raised, namely what are the requirements for the sale and purchase of land and buildings by sellers who are under guardianship due to a stroke based on the laws and regulations in Indonesia and what are the legal consequences of buying and selling land and buildings by sellers who are suffering from a stroke (Case Study of Supreme Court Decision Number 3586 K/Pdt/2020)? This normative-empirical legal research uses a law and case approach by obtaining data through literature studies and interviews. A seller who is under guardianship due to a stroke must have a court determination regarding guardianship and the appointment of a curator to represent him in carrying out legal acts of buying and selling land and buildings. Because the seller who was suffering from a stroke in the case study was not proven to be incompetent, the Sale and Purchase Deed was legally valid.

Ahmad Dzulkifli Rahmatullah; Muhamad Hasan Sebyar

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

At the cassation level, the defendant's Narcotics crime, named Andhyka Murty Cahya Primandaka, has been determined in Law Number 35 of 2009 concerning Narcotics. In this case the defendant has undergone several levels of justice and finally the cassation level. The judge has given criminal sanctions less than the minimum limit regulated in the Narcotics Law. So this creates legal confusion that can be disputed because the judge does not examine and try a criminal case properly. This research aims to analyze juridically the cassation decisions issued under the minimum threat in the Narcotics Law. A case study was conducted on Supreme Court Decision Number 4634 K/Pid.Sus/2023. The research method used is a normative legal research method with a case study approach, namely examining statutory regulations and judges' decisions with the aim of finding out the reasons why judges impose criminal sanctions less than the minimum limit. The results of the research show that in the cassation decision there are problems related to the application of minimum threats in narcotics cases and the need for a review of the application of minimum threats in narcotics cases to ensure justice and legal effectiveness.

Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Rohman, Mohammad Syafi'ur; Tedjokusumo, Dave David; Siswanto, Carissa Amanda

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

In an era of globalization that has a significant impact on industry and commerce, trademark rights disputes are a crucial issue that needs serious attention. One trademark rights dispute that has attracted attention is the case of "Supreme," which is the focus of this study by detailing the Review Decision Number 37 PK/PDT. SUS-HKI/2023. This dispute involves companies with the trademark "Supreme," and its resolution has an important impact on trademark law in Indonesia. This research aims to dig deeper into the resolution of trademark rights disputes through these case studies. Analysis of court decisions, judges' considerations, and the legal basis used will provide a more comprehensive understanding of the trademark dispute resolution mechanism in Indonesia. Through this search, it is expected to find significant contributions to the development of trademark rights regulations and dispute resolution at the national level. This research uses normative juridical method with statutes approach, conceptual approach and case approach. The result of this research is that the trademark dispute resolution process in Indonesia follows predetermined legal steps, starting from filing a lawsuit in the District Court, continuing with the cassation process in the Supreme Court, and can reach the review stage in the Supreme Court if necessary. This approach reflects Indonesia's seriousness in handling brand disputes fairly and efficiently. The study also emphasizes the importance of good faith in the trademark registration process.

Sasongko, Catyawi Avesta; Akili, Rustam Hs.; Ismail, Nurwita; Moonti, Roy Marthen; Bunga, Marten

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

The purpose of this study is to determine the application of Supreme Court Regulation No. 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law in Marisa District Court of Pohuwato Regency and to determine the obstacles faced by judges in the implementation of Supreme Court Regulation No. 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law in the jurisdiction of Marisa District Court of Pohuwato Regency. The implementation of this research uses empris research. In this study, researchers used qualitative methods. The implementation of Supreme Court Regulation Number 3 of 2017 concerning guidelines for adjudicating cases of women facing the law Perma number 3 of 2017 is a significant effort in improving justice for women in the Indonesian justice system. The application of these guidelines in the Marisa District Court demonstrates a commitment to respect and protect women's rights. However, the implementation still faces challenges such as a lack of understanding and awareness of judges about gender issues as well as technical obstacles in the implementation of these guidelines. in the sense that the PERMA is still ineffective in its implementation. Although the Marisa District Court has also been running according to trial procedures.

Asuki, Teddy Permana; Kadir, Yusrianto; Moonti, Roy Marthen; Bunga, Marten; Kasim, Muslim

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

The research aims at investigating he mechanism for impeaching the Vice Regent period for 2016-2020 Gorontalo district and factors that influence Vice Regent to be impeached. This research is empirical research or direct research. The research is used descriptive analysis method so that the comprehensive view picture can be obtained regarding the rules which related to applicable rules or norms. The impeachment process is starts begins with a report submitted by a society the Regional House of Representatives, which is the legislature's commissions. Then it was continued with the formation of a Special Committee to hold a plenary session of the impeachment process for the 2016-2020 Deputy Regent. From the final results of the process in the realm of the Regional People's Representative Council, it is submitted to the Supreme Court in Deciding and establishing an Opinion from the Regional People's Representative Council which is then validated by the Minister of Home Affairs and returned to the regional government to announce the decision on the dismissal. The legal basis for the process and prohibition of a leader is regulated in the 1945 Constitution in conjunction with Law number 23 of 2014 concerning regional government.

Yosia Geral Lyshady; Binsar Steven Immanuel Pasaribu; Gabriel Riung Mahda

Filosofi : Publikasi Ilmu Komunikasi, Desain, Seni Budaya 2024 Asosiasi Seni Desain dan Komunikasi Visual Indonesia

The cyanide coffee murder case involving Jessica Wongso as a suspect in the murder of the victim Wayan Mirna Salihin had become a hot topic in the mass media. In 2017, the case was finalized with the decision of the Supreme Court which declared Jessica as a murder suspect with a sentence of 20 years in prison. Until the release of a documentary entitled Ice Cold Murder, Coffee, and Jessica. With the rapid development of technology, anyone who does not watch the documentary Ice Cold: Murder, Coffee, and Jessica can watch footage spread across Social Media. Public opinion began to change after the release of the documentary. The public considered that many irregularities occurred in this murder case. This research aims to review the role of social media in the dissemination of the Ice Cold documentary, so that the public can find new things that have not previously been discussed during the trial, using qualitative research methods: case studies. Social media acts as a harmonizer in which social media has the ability to unify perspectives from diverse public responses on social media networks.    

Rahmawati Putri Musa; Fence M. Wantu; Mohamad Taufiq Zulfikar Sarson

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

This research explain how to implement civil cases settlement before and after the implementation from of E-Court system in electronic and conventional court. on this case it explains that civil cases settlement in a modern manner is described according to Supreme Court Regulation Number 7 of 2022 while conventionally described according to HIR / RBG. Before the advent of  system E-Court, the testing method was conducted conventionally. The optimization of these two forms of civil case settlement is then examined according to Law Number 48 of 2009 concerning Judicial Power where the judiciary is administered out with the principles of simple, fast and low cost. This research is a normative legal research with Statute Approach and Conceptual Approach methods. The research concluded: first, the existence of court dualism is still needed for justice seekers who still need conventional lawyers. Second. The implementation of Civil Case Settlement with the presence of E-Court as an effort to realize the principles of simple, fast and low cost in reality has not been optimal, however, E-Court has not fully resolved the cases received by the Supreme Court and the lower courts. That is, most cases are still conducted conventionally.

Maria Graciana Erlan Jaja; Debi F. Ng. Fallo; Orpa G. Manuain

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Fraud through the internet or online-based fraud is a crime that is rife today. The increasing use of the internet turns out to open up greater opportunities for fraudsters to get money or profit from the internet. Transact in online investment activities using exchange in the form of electronic money (bitcoin). With this virtual money, now business transactions can be carried out without involving intermediaries such as banks. The main problem in this study is what is the form of fraud and embezzlement in online investment (BITCOIN) based on Kupang District Court Decision Number 129/Pid.B/2021/PN. Kpg Jo Kupang High Court Decision Number 143/Pid/2021/PT Kpg Jo Supreme Court Decision Number 422 K/Pid/2022 and whether the court decision against fraud and embezzlement under the guise of online investment (BITCOIN) is fair to the victim. This research is a normative legal research that examines based on existing decisions, laws and regulations, legal theories and opinions of scholars. The results of this study show that (1) there are two forms of criminal acts that researchers found in the verdict, namely fraud and embezzlement. (2) the aspect of justice contained in the decision that it is not fair to the victim based on the laws and regulations and criminal sanctions given to the accused. Therefore, suggestions for the results of this study are (1) It is recommended that local governments that have duties and responsibilities in solving these problems can pay attention to the application of criminal sanctions.

Restu Teguh Imani; Elsa Siffa Nabillah Nurlailatri; Printa Dewi Uma Azzahra; Lintang Zufar Satyanagama; Nimas Calista Anggita +1 more

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The increasingly rapid development of technology makes it easier for humans to receive information and to carry out various jobs just by using sophisticated technology. The impact of these developments also affects the legal field. Indonesia has also begun to upgrade its judicial system through PERMA Number 7 of 2022 which regulates the Electronic Administration of Cases and Trials in Courts issued by the Supreme Court so that every Court begins to use an electronic court justice system with the aim of the supreme court's mandate to ensure that the principles of trials are simple, fast , and low cost can be achieved. Therefore, this writing was carried out by the author to find out about the implementation of e-court in realizing the principles of simple, fast and low-cost justice in trials at the District Court, and the author also observed the use of e-court which was also accessed by advocates in the author's place when participating in field work practices. This writing uses normative empirical research methods to determine the differences between Das Sollen and Das Sein and to compare the e-court system to the principles of civil justice in the form of simple, fast and low cost principles

Rahmawati Rahmawati; Qiqi Asmara

Jurnal Media Administrasi 2024 Universitas 17 Agustus 1945 Semarang, Indonesia

To improve service quality, the Supreme Court of the Republic of Indonesia issued a Decree of the Director General of the Religious Courts Number 1403.b/DJA/SK/OT.01.3/8/2018 Concerning Guidelines for One-Stop Services in the Religious Courts Environment. With this policy, the Depok Religious Court implemented the One-Stop Integrated Service. In implementing the One Stop Integrated Service at the Depok Religious Court, several obstacles were found in its implementation. The aim of this study is to identify and analyze the implementation of the One Stop Service policy at the Depok Religious Court. The theory of this research uses the theory of policy implementation in the George Edward III model. By using a descriptive method with a qualitative approach. Retrieval of data using interviews, observation and documentation. Meanwhile, to test the validity of the data using triangulation techniques. The results of the research from 4 indicators that regarding communication it is necessary to carry out more socialization because many people do not know about the mechanism in the procedure for handling service cases that exist at PTSP. Resources, in terms of quantity the number of officers at PTSP is still small while the number of cases at the Depok Religious Court is quite a lot. In terms of quality, there is a need for training because there are still officers who are less responsive, and the existing facilities and infrastructure at PTSP have not been integrated all in one door due to limited land. Disposition, the executors have a commitment to carry out this policy by delivering tasks that are good enough in accordance with the contents of the instructions in the policy. Bureaucratic Structure, the officers have carried out the policy in accordance with the applicable SOP. Suggestions from this study are that socialization must be increased and there is a need for land expansion to support infrastructure facilities and additional staff on duty at PTSP so as to maximize service time.