Publication Search

64,198 articles from 525 journals · 1,579 citations tracked

Showing 101-120 of 138

Analytics

Muhammad Romli; Adi Susandi; Ikmal Mumatahaen

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This article analyzes Law Number 50 of 2009 concerning Religious Courts in the context of resolving sharia economic disputes and its relevance to the objectives of Islamic law (maqasid al-shari'ah). The main focus of this study is to evaluate the effectiveness of the Law in resolving disputes related to sharia economics and how the implementation of the law is in line with the principles of maqasid al-shari'ah, namely the protection of religion, soul, mind, descendants, and property. Through an analytical approach, this article discusses various aspects of Law Number 50 of 2009, including the structure, competence, and dispute resolution mechanisms regulated in the law. In addition, this article also examines the extent to which the implementation of the Law supports the achievement of maqasid al-shari'ah in the context of sharia economics, as well as the challenges and opportunities faced in the process. This study uses qualitative methods with document analysis and interviews as tools to obtain relevant data. The findings of this study are expected to provide insight into the suitability between laws and regulations and the principles of Islamic law as well as the contribution of religious courts in resolving sharia economic disputes.

Rahmah Hayati Sinaga; Yasmirah Mandasari Saragih; Mhd Azhali Siregar; Azhar Hairi Putra; Mohammed Faiz Hadi

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Terrorism is Wrong one crime Which outside normal Because has creating terror creates fear and that's scary has the impression of being cruel to groups or groups. The crime of terrorism has taken away rights basic para human victim Which No know anything about the origin , causes and the purpose of acts of terrorism. Because in in carrying out their actions perpetrators of this terrorism t is indiscriminate. This action is completely contrary to Article 3 Universal Declaration of Human Rights (UDHR) or Universal Declaration of Human Rights (UDHR) Which sounds "Every person entitled on life, freedom and security as an individual”, Article 6 paragraph (1) ICCPR ( International Covenant on Civil and Political Right ) 1999 which states "Every human being is entitled to the inherent right to life himself and every other person must not be deprived of his life arbitrarily", Article 28 A of the 1945 Constitution of the Republic of Indonesia which reads "Everyone has the right to live and the right to defend their life and existence" and Article 28 G paragraph (1) which reads "Everyone has the right to personal protection, family, honor, dignity, property under his control and has the right to a sense of security and protection from the threat of fear of doing or not doing something which is a human right.” This research aims to know How arrangement investigative law t act criminal terrorism in Indonesia And What obstacle investigator in do investigation t act criminal terrorism in Indonesia. This research uses normative legal research research ingredients literature To use get ingredients form theories, concepts, principles as well as regulation law Which related with role investigator in process handling follow criminal terrorism.    

Adinda Firsta Deni Maharani; Djanuardi Djanuardi; Sherly Machmud Imam Slamet

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Divorce represents the dissolution of the marital bond between husband and wife within a household. Divorce can only occur when there are strong reasons justifying the decision. One reason that can lead to divorce, according to the Marriage Law and the Compilation of Islamic Law (KHI), is due to one party's addiction to gambling. This is reflected in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam. This study aims to understand and analyze gambling as a reason for divorce, as well as the legal protection for the wife in a divorce caused by her husband's gambling addiction, based on the Marriage Law and the Compilation of Islamic Law (KHI). This research employs a normative juridical approach with descriptive analytical specifications. The research methods used in this study include library research and field research through interviews. The data analysis method employed is qualitative juridical analysis. The research results indicate that, first, the lawsuit in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam is in accordance with the provisions of Article 19 letter a of the Government Regulation on the Implementation of the Marriage Law in conjunction with Article 116 letter a of the Compilation of Islamic Law (KHI). Second, as a preventive measure to protect the rights of the wife and children in a divorce caused by gambling addiction, the wife can include claims regarding custody and support for herself in the divorce petition. After the divorce decree is issued, the wife can also file a lawsuit regarding the division of marital property.

Agus Wahyudi; Gresceilla Septiarini Anwar; Octavia Nuril Kamila; Danisa Rada Silviana

Jurnal Manajemen dan Ekonomi Bisnis 2024 Pusat Riset dan Inovasi Nasional

The creative industry sector has become one of the important contributors to national economic growth in many countries. This research aims to explore development strategies for the creative industry sector in Indonesia in order to encourage national economic growth. Using qualitative methods of literature study, this research analyzes various secondary data sources, including government reports, scientific journals, and publications related to the creative industry. The research findings reveal the great potential that Indonesia has in the creative industry sector, such as rich culture and diversity of creative resources. However, there are challenges that must be faced, such as the lack of supporting infrastructure, access to capital, and protection of intellectual property rights. This research proposes a development strategy that includes identification of leading subsectors, increasing competitiveness and innovation, as well as targeted government policies and support. By implementing this strategy, Indonesia can take advantage of the creative industries sector as a driver of sustainable economic growth and increase competitiveness in the global market.

Mochamad Aidil Adam; Yudho Taruno Muryanto

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the legal protection of performer song creators for the use of created songs that are commercialized without permission by the concert organizer. This research was conducted with juridical-normative research, which is sourced from primary legal materials from laws and regulations, while secondary data is obtained from written legal materials such as scientific journals, books, scientific articles, laws and regulations, and other related literature materials. The results of this study show that legal protection for song creators has been regulated in Law Number 28 of 2014 concerning Copyright. The protection provided by the UUHC to songwriters who are performers has not provided maximum protection. Therefore, it is necessary to regulate the intellectual property rights of performer songwriters and non-performer songwriters.

Irawaty Aliya Pakaya; Mutia Cherawaty Thalib; Taufiq Zulfikar Sarson

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This article analyzes the responsibilities of the National Land Agency (BPN) and Land Deed Officials (PPAT) regarding title certificates for land subject to ownership disputes. The research method used is normative legal research with statutory, conceptual and case approaches. Based on the case studied, the legal owner of the land, Ansar Lause, filed a lawsuit because the land certificate was changed to be in the name of Ratna Lause illegally. After the trial process, the court decided to partially grant Ansar Lause's lawsuit and stated that the certificate in the name of Afandi Surya Ningrat had no binding legal force. The research results show that the legal impact on BPN of canceling property rights certificates by the court based on a decision is that BPN can be subject to administrative sanctions in the form of a written warning, temporary dismissal, honorable dismissal, or dishonorable dismissal; and a Notary/PPAT who is subject to the cancellation of a certificate of ownership by a court based on a decision is that the Notary/PPAT may be subject to administrative sanctions in the form of a written warning, temporary dismissal, honorable dismissal, or dishonorable dismissal; and the form of BPN accountability, this responsibility can be in the form of administrative improvements, review of the certificate issuance process, as well as protection of the rights of parties who suffer losses due to administrative errors and PPAT/Notary for property rights certificates that have been canceled by the court. PPAT/Notary can be held civilly responsible. , criminal, and administrative.

Yosephine Adinda Dwika Sandra; Anjar Sri Ciptorukmi Nugraheni

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

This research aims to analyze the form of protection for joint assets and the rights of each party in the marriage agreement as well as the implications of the marriage agreement for husband and wife in limited partnership (CV) businesses. The research method used by the researcher is normative research with prescriptive research characteristics whose research approach is a statutory approach and a case approach. The data collection technique used is literature study, with the syllogism method and deductive thinking as an analysis technique. The results of the research highlight the role of marriage agreements as a form of protection not only for joint assets but also the rights of husband and wife business actors, especially CVs. Apart from that, it was also found that the marriage agreement was a form of protection from the risks associated with the CV business.    

Kelik Caesar Saputra; Aldi Cahya Satria; M. Hamzah Al Ghafiki; Pramudita Mandala Sakti; Noufal Raihan Ghulam +3 more

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The bombing incident that occurred in Bali in 2002 was a tragedy that attracted world attention, with victims reaching 202 deaths and more than 200 people injured. This tragedy occurred after the hijacked plane crashed into the World Trade Center towers in America in 2001, which increasingly increased global attention to the issue of terrorism. The aim of this research is to examine compensation for victims of terrorist crimes. This research method uses a descriptive qualitative research method with a normative juridical approach using secondary data in the form of documents and books regarding the object of this research, then this research uses 3 types of legal materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. The findings of this research show that in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, victims of criminal acts of terrorism also receive protection for their personal security, family and property, and are free from threats. relating to testimony that will be, is being, or has been given and participating in the process of selecting and determining forms of security protection and support as well as providing information without pressure. Protection for victims of criminal acts of terrorism implemented in Indonesia is based on the 1945 Constitution of the Republic of Indonesia and Law Number 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism. Bali bombing victims have the right to receive legal protection and compensation from the state for the acts of terrorism that occurred. They also receive protection for their personal security, family and property, and are free from threats related to the testimony they will, are giving, or have given.

Sheva Anneira Akbar; A. Mulia Rahmadinah Adnan; Fikri Aiman Naufal Azmi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Legal protection of intellectual property rights (IPR) in the digital era is important because of the increasing economic activity and innovation carried out online. The aim of this research is to understand the challenges and solutions in protecting IPR in the digital era and to evaluate the effectiveness of existing legal instruments. The method used is descriptive and qualitative analysis based on the latest literature and legal regulations related to IPR in the digital era. The research results show that the digital era poses new challenges in IPR protection such as copyright infringement, identity theft and content piracy. However, there have been efforts to address these challenges through regulations such as the Copyright Act and the WIPO Convention. However, implementation and enforcement are often hampered by technological complexity and jurisdictional limitations. In conclusion, legal protection of IPR in the digital era requires a holistic approach through collaboration between government, the private sector and civil society. It is important to continue to develop adaptive regulations and strengthen international cooperation in law enforcement to overcome the challenges faced.    

Niken Eka Angelina; Wayu Febiyansastin; Gideon Faith S

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Brand is an important element of a company's identity and success. As business competition becomes increasingly fierce, legal protection of brands becomes very important to maintain business continuity. This article examines the urgency of brand protection through a case study of the MS Glow and PS Glow brands. The main focus is on legal protection of brands to prevent actions that infringe intellectual property rights, avoid financial losses and maintain brand integrity. By analyzing this case, this article highlights the importance of effective laws in protecting the interests of brand owners, encouraging innovation, and ensuring fairness in a dynamic business environment.  

Ahmad Aqil Dzakki Bintang Kurniawan; Aaron Yaman Ardiantra; Fadhillah Amirul Ikhsan

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

Copyright is the legal right that inherently belongs to the creator of a work once it is expressed in a tangible form, and it cannot be limited unless specified by the law. Music and songs are forms of intellectual property that should be registered with the Directorate General of Intellectual Property (DJKI). Song copyright is a legal privilege that musicians can get by creating a piece of art in the form of music and songs. Songs are a form of intellectual property that is safeguarded under Law Number 28 of 2014. With the advancement of highly advanced technology, it becomes more convenient for individuals to enjoy songs or music through an application. Nevertheless, several cover versions continue to be posted without obtaining consent from the original creator. This text seeks to determine if a creator, whose song has been uploaded by a third party, is entitled to legal protection. Additionally, it intends to explore the legal ramifications for individuals who upload a song without the author's consent. The author employs normative research methodologies in this study, analyzing legal resources such as statutory rules, legal theory provisions, and expert opinions. According to Article 5 and Article 9 of Law Number 28 of 2014 about Copyright, creators are granted legal protection for music that are uploaded by third parties, regardless of the medium used to announce the song. This protection applies universally, regardless of location.

Sanusi Sanusi; Ervin Hengki Prasetyo; Moh Taufik

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

Intellectual property rights are an implication of the development of international trade, especially in industrial countries. In developing countries, the understanding and protection of intellectual property rights receives less attention, which causes many violations of intellectual property rights and harms creators and inventors. Intellectual property rights have an important role in economic traffic, both regional and international, including investment in a country to spur economic growth of the country and its people. Indonesian society, which is diverse in culture, religion and ethnicity, has very rich creative works, and must take part in the utilization of intellectual property rights. Legal protection and use of copyright are very necessary to become a source of development for the national economy and Indonesian society This research is aimed at examining the implications of Intellectual Property Rights on economic benefit gains. An owner of Intellectual Property Rights as a creative subject must obtain a guarantee of legal protection on his or her work. The result shows that the form of legal protection of intellectual property rights is that the owner of intellectual property rights in performing his or her rights must be protected by law. The economic rights owned by the owner will gain economic benefits if it is performed. The rights include the rights to use, to produce, to publish, to copy, to import, to export and to grant a license (permit) to another party that is intended to make use of the intellectual property. In a condition of law violation, the Law of Intellectual Property Rights as a preventive effort will give a right to an owner of intellectual property rights to sue on civil, criminal, or administrative law. The sanctions on the law breaker are also already written in each law of intellectual property rights that includes copy right, brand right, patent right, graphic design right, and integrated circuit lay-out right. The reason why an owner does not automatically gain economic benefits from his or her work is because he or she does not use the economic rights that he or she has. Some matters causing it are quite high costs of production, difficult licensing, and hard competition. The law protection and economic benefits are two essentials of intellectual property rights. An owner of intellectual property rights is a creative subject that should have those two matters.  

Simson Lasi

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

The creative industry is a sector that is growing rapidly in this era of globalization, but the development of the creative industry also poses challenges in protecting Intellectual Property Rights. This research aims to analyze the regulation of Intellectual Property Rights (IPR) in the creative industry from an international legal perspective. The research method used is a normative approach by examining various international legal instruments related to Intellectual Property Rights (IPR). The research results show that the regulation of Intellectual Property Rights in the creative industry still has weaknesses and challenges, especially in terms of law enforcement and protection of copyrights, patents and brands. This research provides recommendations for improving legal regulations related to intellectual property rights in the creative industry, including increasing international cooperation and more effective law enforcement.    

ABD Rouf; Nynda Fatmawati Octarina

Concept: Journal of Social Humanities and Education 2024 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

In a marriage, the aim is to create a happy household, a family filled with peace, love and affection. Marriage causes the mixing of husband and wife's assets or joint assets, unless they make a Marriage Agreement which regulates the separation of assets. A marriage agreement does not only discuss matters of property but also all matters related to the obligations of husband and wife. Prior to the Constitutional Court Decision No. 69/PUU-XIII/2015, marriage agreements could only be made before the marriage occurred. And after the issuance of Constitutional Court Decision No. 69/PUU-XIII/2015, agreements can be made after marriage. The purpose of the marriage agreement is to provide preventive and repressive legal protection, in addition to preventing problems arising in the household such as fighting over property, domestic violence, negligence of rights and obligations between husband and wife. This is a form of protecting women's rights in marriage.

Susanti, Susi

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

Developments in the realm of health law develop in line with advances in health science. Currently, health law has become a very important element in dealing with various legal problems and issues in the health sector. On the other hand, with the development of increasingly sophisticated technology, the issue of traditional medicine has received less attention. However, in the context of efforts to fulfill the right to health in Indonesia, traditional medicine should be an alternative that is important to pay attention to. This is supported by Indonesia's natural conditions which have rich biodiversity, including various plant species that have the potential to be used as raw materials for traditional medicine. Thus, legal protection of traditional medicines from the perspective of health law and intellectual property law becomes very important. The research method used in this research is a normative research method which is conceptualized in legislation or conceptualized as norms or rules that serve as the basis for human behavior. The aim of this research is to analyze the legal protection of traditional medicines from the perspective of health law and intellectual property law in Indonesia. The results of this research concluded that related to traditional medicine, Law no. 17 of 2023 does not explicitly mention it as a traditional medicine. However, the definition of traditional medicine is equated with the term "Natural Medicine." In Article 321 paragraph (1), natural medicines are divided into several categories, including herbal medicines, standardized herbal medicines, phytopharmaca, and other natural medicines. Legal protection for traditional medicines or natural medicines is regulated in Articles 324-325 of Law no. 17 of 2023 concerning Health. On the other hand, in the context of Intellectual Property Rights (IPR), legal protection for traditional medicines is included in the patent system, as regulated in Article 26 of Law Number 13 of 2016 concerning Patents.

Nurul Fitriani; Adi Sulistiyono

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

The knowledge of medicine and treatment, also known as Jamu, is one of the most important areas of Traditional Knowledge. It is widespread among indigenous peoples and local communities, and is an integral part of the communal rights held by indigenous peoples. Almost all indigenous peoples have developed knowledge about plants for various purposes, especially for medicine. The use of biodiversity as an ingredient in medicinal herbs has been a common practice in Indonesia for centuries. The question that arises is whether the knowledge of Jamu has received adequate protection from the government againts the rights of indigenous peoples related to Traditional Knowledge. This is the focus of the author attention in this discussion. This research discusses the regulation of communal intellectual property in the legal framework used to protect the knowledge of traditional herbal medicine, and how the effectiveness of legal protection of communal intellectual property on traditional herbal medicine knowledge. The purposes of this study is to determine the legal protection of traditional knowledge and analyze the positive legal regulations. This research method used by researchers is the normative juridical approach method. The results of the research conducted by the author in this thesis can be concluded that Traditional Protection on Jamu needs to be protected in accordance with the concept of protection of Philipus M. Hadjon, namely by means of preventive protection and repressive protection.

Arif Bijaksana

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

The purpose of the study was to examine and analyze the legal protection of the wife's inheritance rights from unregistered marriages associated with the function of registering marriages with a comparative study of Islamic Fiqh and Law No. 1 of 1974. The research method of this writing is a normative juridical research that refers to the Qur'an. , Al-Hadith, Books of Fiqh, Legislation and related books that are relevant to this research. The data analysis technique used is a literature study which was analyzed qualitatively. The results of this study are that the second wife's inheritance rights from unregistered marriages are associated with the function of registering marriages. They have the right to inheritance which is owned jointly by the inheritance in the form of husband's innate property and joint property obtained by the second wife and her husband during the marriage period for the sake of a sense of justice and legal protection, legal protection of the second wife's inheritance rights in this study that to obtain inheritance rights and recognition to legalize marriages to religious courts. the results of the marriage itsbat as the legal basis for recording the marriage to the marriage registrar at the Office of Religious Affairs, then a Marriage Certificate Quotation Book is issued as authentic evidence that a marriage has been registered. So the legal protection and legal certainty of the second wife's inheritance rights from unregistered marriages associated with the function of recording marriages can obtain legal inheritance rights.

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.

Santiana Siboro; Sri Hadiningrum

Public Service And Governance Journal 2024 Universitas 17 Agustus 1945 Semarang

The development of science and technology has positive and negative impacts on human life. Likewise with cyberspace, one of the advances in technology, of course it is a reality that is faced with a legal metanarrative. Overcoming the ineffectiveness of legal metanarratives in addressing cyber challenges requires an innovative and comprehensive approach. Currently the world is facing changes in the industrial world which can be called the Industrial Revolution 4.0 which has a major impact on industrial life, especially in the form of rapid technological developments. The rapid development of technology has given birth to a new concept of "creative industry" which utilizes human creativity and thinking abilities. Intellectual property rights play a very important role in the creative industry, and the state recognizes the efforts and perseverance of creators/inventors in producing new innovations and minimizing the occurrence of intellectual property rights. Therefore, intellectual property must be protected legally. Violation of rights. However, in reality there are several challenges and difficulties in implementing laws related to intellectual property rights in Indonesia. This journal uses normative research methods based on legal regulations and literature studies, and considers aspects of theoretical, structural and legal explanations. The main problem that occurs in Indonesia is the low level of public awareness and education regarding intellectual property, and this problem can give rise to other problems. Intellectual property protection in Indonesia not only provides peace of mind and legal certainty for creators/inventors, but also has a psychological impact that motivates creators/inventors to continue to innovate. Indonesia will be a country that has great potential to implement Industry 4.0 because of its large workforce. The digital information era not only brings progress to industry, but can also pose challenges to labor laws. The aim of this research is to analyze labor problems due to the absence of regulations that are appropriate to the situation in the Industrial Revolution 4.0 era.

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.