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Siti Mutmainah

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

Article 1 point 10 of Law Number 30 of 1999 concerning alternative dispute resolution, is a form of dispute resolution outside the court, including mediation. Alternative dispute resolution, the parties are assisted by a third party in resolving the dispute with a mediator. The alternative dispute resolution law provides a variety of non-litigation dispute resolution options. It should be emphasized that the option of dispute resolution with alternative dispute resolution is limited to disputes in the civil field. The purpose of this study is to determine the application of mediation through online dispute resolution in Indonesian laws and regulations as well as to find out the obstacles and challenges in the implementation of online dispute resolution mediation in an effort to resolve disputes in a non-litigation manner. The research method used is using the empirical juridical approach method, the research specification used in this study is descriptive analytical. The type of data in this study uses qualitative data while the data source uses primary data, namely interviews, observations, and secondary data, namely by studying the provisions of laws and regulations, other regulations, researching principles, conceptions, views, doctrines, and legal rules through books, journals, papers, and research results, the results of data analysis to answer problem issues. Conclusion The application of mediation through Online Dispute Resoution in laws and regulations in Indonesia is regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Article 5 paragraph (3) of PERMA Number 1 of 2016 concerning Mediation Procedures in Court. The obstacles to the implementation of Online Dispute Resolution depend on the good faith of the parties and the equipment used. Mediation is difficult to reach an agreement if the parties do not provide information clearly and transparently, and are constrained by the equipment used. 

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.

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

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

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.

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