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Nagita Pujiastuti Djafar; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

This research aims to determine the legal protection for creditors if the fiduciary guarantee deed is not registered by a notary, and the legal implications if the fiduciary guarantee is not registered by a notary. The method used in this research uses the Juridical Sociology method.The results of the research show that a fiduciary agreement which makes the object of collateral (in the form of objects) in a subsidiary agreement (acessoir) of the main agreement has weak legal protection for creditors if the agreement is not registered by a Notary through the Fiduciary Guarantee Institute, as stipulated in the Law Number 42 of 1999 concerning Fiduciary Guarantees. The legal implications for creditors' rights because they do not comply with the principle of publicity as per the applicable consensus, in this case is Law Number 42 of 1999 concerning Fiduciary Guarantees which regulates Preferential Rights and Executorial Rights.For the implementation of financing by making objects into objects, an agreement process should be carried out in accordance with the Fiduciary Guarantee consensus by referring to Law Number 42 of 1999, by fulfilling the principle of publicity as the main legal principle in material guarantee law.

Satrio Wicaksono Adi

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Bahasa plays a very important role for people and society, for example by creating a tool to maintain the exchange of ideas between, among, or within groups of people within a particular group. Groups are also considered personal identities. Communication is an activity that unites, connects and builds relationships between many people. This scientific work aims to formulate the problem of the role of Indonesian in facing the era of globalization. This research uses a literature review method, which means this method examines the results of analysis of various conceptual information as well as qualitative and quantitative data from various previously published scientific articles. Almost all agreements in Indonesia are dominated by long sentences, up to eighty to one hundred words in one sentence. This is ironic, because Indonesian shouldn't be like that, thus showing clichéd mistakes that keep repeating themselves and lead to uncertainty. In short, understanding Indonesian is no longer the responsibility of a linguist or writer, but also of legal practitioners as the spearhead of law enforcement in Indonesia.

Muhammad Ath-Thariq Pratama; Nurhidayah Muhcti; Nyulistiowati Suryanti; Deviana Yuanitasari

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

This research examines the regulation of remuneration for Foundation executives in Indonesia, focusing on legal aspects and its implementation. As Foundations evolve to support social, religious, and humanitarian objectives, cases of misappropriation of Foundation funds have emerged, highlighting the need for tighter oversight. Through a normative juridical approach and descriptive analysis, this study details the issues surrounding remuneration regulations, emphasizes instances of financial misconduct, and discusses the importance of establishing an external supervisory body or regulatory changes. The implementation of Good Corporate Governance and Good Cooperative Governance principles within the Foundation context is also explored. This research responds to the need for integrity, transparency, and accountability in Foundation management to achieve the humanitarian goals they undertake. The conclusion underscores the necessity for further action, including the establishment of an external supervisory body or regulatory strengthening.

Tri Bowo Hersandy Febrianto

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The legal problems currently developing are of various forms and types, so legal codification must be adapted to these developments. Since the decade of Indonesia's independence, civil law has been used as the axis of the national legal system which aims to create legal certainty. Certainty and justice are not something new in the Indonesian legal system, this is the role of judges to create laws based on applicable laws and regulations. This research aims to explain the role of civil law as a national legal system applied by Indonesia to create law. The normative juridical approach method is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations. The results of the research show that civil law still has an important role in the legal system in Indonesia, but legal codification needs to be adapted to increasingly advanced developments so that legal events that occur are still contained in statutory regulations.

Maruli Hutasoit; Sahadi Sahadi

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

This study aims to review and analyze how the legal protection of registered trademarks and also why protection of registered trademarks can end. Trademarks or brand for producers is an image as well as a good name for the company, beside that it is also a part of the business strategy. There is no producer who does not use the brand as an identity for the goods they produced or the services they provided. The identity which is embodied in the mark is an identifier and at the same time becomes a differentiator to the others. This is why disputes often occurs against the brand. The research method uses a normative juridical. the results of this study that the registration of a mark may end due to the expiry of the validity period of the mark, the deletion of the mark due to request of the owner, the deletion of the registered mark at the initiative of the Minister after obtaining a recommendation from the Trademark Appeals Commission, and the deletion of the mark due to a lawsuit from a third party. The existence of trademark protection starts from the registration of the mark, protection of the mark during the period of the registration of the mark for 10 (ten) years and can be extended with the same period of time, there is legal action both in civil lawsuits, criminal prosecution and administrative steps in the form of refusal of trademark registration and deletion of brand.

Riyanto Riyanto; Avi Firzashafira; Taufiqurrohman Syahuri

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Pancasila as a national ideology implies a religious view of the nation, which upholds the values of God Almighty. This is as determined in the constitution of the Republic of Indonesia, which is stated in Article 29 A paragraph (1) of the 1945 Constitution as a result of the amendment of Chapter XI which states that "The state is based on the Almighty God" so that religious legitimacy is still needed in various aspects of the life of the nation and state, so that it cannot be separated from the Theory of Theocracy which states that the supreme power in a country is God's power which means, no one has supreme power in a country, apart from God. The purpose of this study is to examine and analyse carefully the practice of the nation and state based on divinity in Indonesia in relation to the theory of the formation of theocratic states. The legal research method used is normative juridical legal research method by conducting research on library materials and using statute approach. The result of the research is that the practice of religious life should strengthen and strengthen unity, integrity, and national resilience with Pancasila as the state philosophy and ideology of the nation as a determinant of national integration, a source of ethics for state administration, and continue to clarify and reinforce the role of religion as a state direction in the nation and state.

Alfaatihah Intan Inayah; Nevarezita Rahmanda Arsyilhakim

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Some of the existing issues examined in this study include: how is the development of a Limited Liability Company(hereinafter referred to as “PT”) in Indonesia after the enactment of Law Number 40 of 2007 on Limited Liability Company? This study uses normative research. How to obtain the data used in this study the use of secondary data collection techniques. The technique of collecting secondary data obtained from the study of literature. The analysis used in this study is qualitative analysis, the data obtained will be described in the form of information and explanations, will now be studied by experts, legal theories that are relevant, and the arguments of the own author. The results showed that PT was first set out in Article 36 through Article 56 Indonesian Commercial Code(Hereinafter referred to as “KUHD”). In addition, PT is regulated in Article 1233 to Article 1356 and Article 1618 to Article 1652 of the Indonesian Civil Code(Hereinafter referred to as “Kuhperdata”). New Orde, Indonesian Government issued Law Number 1 of 1995 on PT which became the lex specialis under Indonesian legal framework over KUHPerdata and KUHD. In the Era of Reform, Indonesian Government issued Law Number 40 of 2007 regarding on Indonesian Limited Liability Company Law. New things are regulated in the Law as follows: Social Responsibility and Environment (TJSL) which is an application of the concept of Corporate Social Responsibility (CSR), changes in the company's capital, the affirmation of the board of company’s responsibillity and registration of the company's own use of Information technololgy (IT) therefore that the company registration can be performed online.

Dahlia Natalia Lumban Gaol; Fani Nolpiana Nadapdap; Johana Andriani Nainggolan; Muhammad Hafis Faisal; Rahma Dhani Fitria Sinaga +3 more

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

This research discusses the implementation of agrarian law policies regarding the distribution of rights to cultivated land in Sampali Village, Percut Sei Tuan District, Deli Serdang Regency. This study was conducted with the aim of analyzing the impact of policies, the level of community participation, and the factors that influence the implementation of these policies. The research method is descriptive qualitative which involves literature study, field study and interviews. The research results show that the implementation of agrarian law policies has had positive impacts such as changes in land ownership status, but also has negative impacts such as conflict and legal uncertainty. The level of community participation is proven to have a crucial role in the success of policy implementation. Factors such as unequal distribution of land, legal uncertainty, and lack of community involvement are obstacles to policy implementation in Sampali Village. It is recommended to revise agrarian law policies by considering input from the community and increasing their participation in the decision-making process. Strengthening institutions at the local level, participatory conflict resolution, and developing educational programs were also identified as important steps to improve sustainability and fairness in policy implementation. It is hoped that this research can contribute to a better understanding of the dynamics of agrarian law policy implementation at the local level and become a basis for improving policies that are more effective and inclusive.

Tirta Pandu Winata

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Vote buying is a phenomenon that is often found in the arena of political contestation. However, there is a unique phenomenon in the 2020 Regional Head Election for Wonosobo Regency, which consists of one pair of candidates against an empty box. In the election (Pilkada), there was no indication of its use of money politics or vote buying, either by the candidate pair or the empty box support team. This study aims to analyze the perceptions of the people of Wonosobo Regency, who are familiar with the phenomenon of vote buying but have yet to find it in the 2020 Pilkada. The research method used in this study is a qualitative method with a descriptive approach. The results of this study indicate that three main components become symptoms and can indicate public perceptions of their absence of vote buying in the Pilkada of Wonosobo Regency in 2020. First, the cognitive component includes public knowledge and its implications for the view that there is no vote buying. Second, the affective component indicates a positive emotional aspect of vote buying. Third, the cognitive component that influences positive action after the above expectations of vote buying are not fulfilled.

Praxedis Ajeng Pradita; Eddy Damian; Tasya Safiranita

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Cinematographic work is protected by law under the Copyright Law No. 28 of 2014 in Indonesia. The fundamental principle is that the Creator is entitled to fair remuneration for the use of their work, in line with the alter-ego concept that gives the highest position to the Creator. In contrast to Indonesia, Germany has clearly regulated the procedures for the collection, management, and distribution of remuneration through the Urheberrechtsgesetz and the Collective Management Organization (CMO) operating with authorization from the Creator. The research method used is juridical-normative with a descriptive analysis approach. This study applies a comparative legal approach, utilizing data from both conventional and online literary sources, as well as interviews. The research findings indicate that Indonesia does not yet have specific regulations to protect the economic rights of digital cinematography. The absence of a Collective Management Organization (CMO) leads to an imbalance in licensing agreements between the Creator and digital platforms as users of cinematographic works.

Endro Satoto; Zainal Arifin Hoesein

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

To ensure legal certainty in a country, various countries in the world have different legal systems which are acclimated to the needs and characteristics of each country. In general, two legal systems are commonly applied, namely the civil law legal system and the common law legal system. The civil law system is a legal system that originates from mainland Europe and is based on Roman law with the main characteristic being the existence of a codification system of the main legal principles. The three primary features of civil law legal systems are codification, non-precedential judges, and an inquisitorial judiciary. Meanwhile, the common law system is a system that refers to customs in England that are not written down and which through judge decisions are then made legally binding. The choice of the legal system will affect the preparation of legal products and the results decided. The choice of legal system significantly impacts legal products produced, whether regulations or jurisprudence. Indonesia's recent Constitutional Court verdict (90/PUU-XXI/2023) is raising concerns over its legitimacy and potential impact on the country's legal framework. Further analysis and scrutiny are necessary.

Elvira Rosa Astrianto; Kiara Dhafa Nahdah Azalia; Natalia Evira Palit; Ramot Andrew Christian Siagian; Rumagam Amputua Hasian Siregar +1 more

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Micro, Small and Medium Enterprises or what are usually called MSMEs have an important role in national economic development efforts in Indonesia. From year to year, the number of MSMEs in Indonesia has increased quite rapidly. However, there are still many MSME business actors who have not registered their trademarks due to limited capital and information about the benefits they receive. Trademark registration is considered to increase people's purchasing power towards a product because it can be used as a characteristic or differentiator from other products. Trademark registration can also receive legal protection for a product's trademark. Therefore, the use and legal protection of a trademark is considered very important for MSMEs. This research discusses the use of brands to increase income and legal protection for the Sego Pedes Basman Umkm Brand. The research uses qualitative research with a normative juridical approach method.

Safiratul Ummah; Eva Dwi Nur Aini; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The existence of an Independent Commissioner in a Limited Liability Company (PT) is a crucial element in realizing Good Corporate Governance (GCG). The role of the Independent Commissioner is not only as a supervisor, but also as a balancer of the interests of shareholders, management and other related parties. So with this Independent Commissioner, transparency, accountability and company integrity can be improved. This explains how the role of the Independent Commissioner makes a positive contribution to the company's sustainability and stakeholder trust, company reputation, and creates a healthy and sustainable business environment. So, the existence of an Independent Commissioner is not just a formality, but the main key in realizing Good Corporate Governance (GCG) practices in Limited Liability Companies.

R.Moh Hilman Wahyudi; Mohammad Hosen

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

E-court is a court instrument as a form of service to the public in terms of registering cases carried out by the parties online, estimating court costs electronically, paying downpayments online, summoning online and sending court documents online. The purpose of this research to study the effectiveness of implementing e-court electronic trials in the Pamekasan District Court. This study uses normative legal research methods. The statutory and conceptual approaches are the approaches used in this research. The collection of legal materials in this journal uses library research. The method of analysis of legal materials used in this journal refers to deductive, namely drawing conclusions from a general problem to the concrete problems faced. The results of this research show that there are advantages and disadvantages in implementing electronic trials in the Pamekasan district court and the need for them. Further adaptation by the community in the latest innovations in case handling. In accordance with Perma No. 1 of  2019.

Sumriya Sumriya; Riesta Yoga Hastama; Linda uril khofifah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

the purpose of this study is to analyze the management of village property. Village property in the form of land and buildings that have been handed over for the economic progress of the village community which is invested in BUMDes on the basis of the season can be used optimally. So that it does not burden the village budget and expenditure. This study examines agreements by analyzing the application of legal principles of agreements in cooperation contracts for the management of village property leased to BUMDes and community management. The principles of treaty law which is a civil law concept applied in the concept of state administrative law become an interesting one because the agreement is in the regulation of private law and public law. Goverment contracts are routine goverment legal acts,to ensure legal certainty for the parties involved, legislation is needed that speciffcally regulates commercial contracts by the government both regarding procedures and limits of authorty.

Eqlima Dianti Agustianingrum; Diniati Wafida Rohmah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Basically, merger, merger, and expropriation are actions that are unknown and also not developed in Indonesia. Mergers, mergers, and takeovers are also very vulnerable to monopolistic practices and unfair business competition, therefore the Law on antimonopoly strongly violates marger, acquisition, and consolidation which is likely to result in monopolistic practices or unfair business competition, which has been regulated in Article 29 of Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The Competition Supervisory Commission also has the obligation to conduct investigations and examinations on unfair business actors, and the existence of unfair business competition can result in an imbalance of economic power because it is controlled by one pillar only and this can lead to unfair business competition. The purpose of this study is to be able to understand the takeover procedure carried out by PT. Sarana Farmindo Utama to PT. The prospect of Karyatama in Decision Number Case 28 / KPPU-M / 2019 and also to be able to understand the settlement of cases carried out by PT. Sarana Farmindo Utama in the case of the takeover of shares of PT. Karyatama Prospects. Based on the results of the share takeover research conducted by PT. Sarana Farmindo Utama is to save PT. The prospect of Karyatama almost going bankrupt and also to continue to run as a feeder for livestock chickens, a violation that was carried out by PT. Sarana Farmindo Utama is late notification of takeover to the Commission. And PT. Sarana Farmindo has been legally penalized by paying fines, and is also required to submit proof of fine payments to the Business Competition Supervisory Commission.

Syaihidina Hefir; Zhahara Dwi Amanda

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Along with technological advances, the development of information in today's world has grown faster and faster, so that many agencies have improved the quality of their services in various ways. E-goverment is an information technology system developed by the government to improve public services by providing options for the public to get easy access to public information. The Tanjungpinang Population and Civil Registration Office (Disdukcapil) launched the Population and Civil Registration Information System (Sikancil) application. The creation of the Sikancil application is a demand from the Minister of Home Affairs (Mendagri) who wants to be able to streamline online services, as stated in Permendagri no. 7 of 2019 concerning online administrative services (Walo, 2021: 19). This study aims to determine how the Strategy of the Population and Civil Registry Office of Tanjungpinang City in utilizing the Digital System through the Sikancil Application at the Tanjungpinang Population and Civil Registration Office (Disdukcapil), the research method used is descriptive research method with a qualitative approach.

Widya Elfareda Putri; Hamida Hamida; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

A limited liability company (hereinafter referred to as PT) is a capital partnership established under an agreement. This means that in the establishment of a PT there are two or more people in an establishment. In practice there are married couples who establish a joint PT. And in principle, the married couple has joint property after marriage, which means they are considered as one party or one property together. With these circumstances, it is considered not to meet the requirements for the establishment of PT. Law No. 40 of 2007 also does not regulate the exact provisions related to who can become shareholders. For this event, the author is interested in discussing about: (1) What is the validity of a Limited Liability Company established by husband and wife? (2) What are the legal consequences for a limited liability company established by husband and wife? The approach method used in this study is normative juridical, legislative research approach and literature study is carried out by studying literature books and scientific papers related to this issue. The implication is that if the husband and wife do not make a marriage agreement, it will make the husband and wife a subject of law, and be personally responsible for the engagement and losses incurred by the Company and make the liability of the PT unlimited.

Nabilla Syafira; Elisatris Gultom; Deviana Yuanitasari

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

In debt and credit problems, bankruptcy is often the last solution to resolve the problem. State-Owned Enterprises or SOEs are also not immune from debt and credit problems that lead to bankruptcy. The regulation regarding the bankruptcy of SOEs itself is regulated in Article 2 Paragraph (5) of the Bankruptcy Law and its explanation. However, problems then arise when the subsidiaries of SOEs become bankruptcy respondents. There is no legislation that specifically regulates the bankruptcy of SOEs Subsidiaries, so this has led to confusion and debate in the community regarding the status of SOEs Subsidiaries in terms of bankruptcy. The ambiguity and debate can be seen in the implications of the bankruptcy petition case filed by the Kinarya Liman Margaseta Consortium against PT Indonesia Power, which is a Subsidiary of SOEs, namely PT PLN. This research aims to find out how the position of a SOEs Subsidiary in terms of bankruptcy is reviewed from the Bankruptcy Law and SOEs Law. The type of research used in this research is normative legal research. The research specifications used in this research are descriptive analysis. The approach used in this research is a statutory approach and case approach. Based on the results of this case study, it can be seen that when viewed from the Bankruptcy Law and the SOEs Law, basically the subsidiaries of SOEs and SOEs cannot be equated in status and position. This is supported by several theories and strengthened by the Constitutional Court Decision and the Supreme Court Decision. Thus, PT Indonesia Power's bankruptcy petition should be filed by its creditors in addition to the Minister of Finance.

Muhammad Afifi Alfaridzi

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Indonesia is an archipelagic country where a significant part of its territory consists of maritime waters. In the context of jurisdiction governed by the 1985 Law on the Ratification of UNCLOS 1982, Northern Natuna, known for having the largest natural gas reserves in the Asia-Pacific, is recognized as part of Indonesia's (ZEE). However, Vietnam's ratification of UNCLOS in 1982 also asserts a similar claim, stating that geographically, Northern Natuna falls within their territory. Within the framework of principles of peace and international security, various efforts are directed at fostering good relations between countries in conflict resolution by providing a way for conflicting parties to resolve their disputes in accordance with international law. In international law, there are two methods of resolution: through peaceful means and through military action. This research indicates that the resolution of conflicts between Indonesia and Vietnam regarding maritime boundaries in the Exclusive Economic Zone can be achieved through various alternatives within the UNCLOS 1982 framework, such as peaceful resolution and mandatory dispute settlement procedures. Each country has the freedom to choose a resolution alternative that aligns with the wishes of both parties, whether through litigation or non-litigation, as stipulated in Article 280 of UNCLOS 1982.