Syiah Kuala Law Journal最新文献_第2页

Shifting Legal Approach Implementation Within A Tying Clause Under The Dealership Agreement 在经销商协议的捆绑条款下，转移法律途径的实施

Syiah Kuala Law Journal Pub Date : 2022-10-05 DOI: 10.24815/sklj.v6i2.28382

A. Kamila, Elisatris Gultom, A. Afriana

{"title":"Shifting Legal Approach Implementation Within A Tying Clause Under The Dealership Agreement","authors":"A. Kamila, Elisatris Gultom, A. Afriana","doi":"10.24815/sklj.v6i2.28382","DOIUrl":"https://doi.org/10.24815/sklj.v6i2.28382","url":null,"abstract":"This research examines the application of the legal approach implemented by the Commission for Business Competition (“KPPU”) toward the alleged violation of the tying agreement under Article 15 paragraph (2) of Law Number 5 Of 1999 in the dealership agreement. This research also examines the exemption criteria in the dealership agreement because of the relation with the license agreement of intellectual property rights in Article 50 letter b of Law Number 5 Of 1999 using a normative-juridical and case study approach. This study concludes several results. Firstly, in Article 15 paragraph (2) of Law Number 5 Of 1999, tying agreement implements the approach of per se illegal. Despite that, KPPU analyzed the tying strategy under the dealership agreement using the rule of reason approach on KPPU's Decision Number 31/KPPU-1/2019 with the consideration of the positive impacts in the dealership agreement. Secondly, the exemption of competition law regulated in Article 50 letter b of Law Number 5 Of 1999 could not be applied to the dealership agreement because it does not fulfill the criteria for license agreement related to intellectual property rights","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126557997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Dynamics Of Marriage Age Limitation In Islamic Law And Positive Law 伊斯兰法与成文法中婚龄限制的动态

Syiah Kuala Law Journal Pub Date : 2022-08-31 DOI: 10.24815/sklj.v6i2.29120

Muksalmina Muksalmina, Faisal Faisal, T. Afrizal, R. Ramziati

引用次数: 1

Law And Morality: The Hart And Fuller Debate 法律与道德:哈特与富勒之争

Syiah Kuala Law Journal Pub Date : 2022-08-22 DOI: 10.24815/sklj.v6i2.29123

B. Bakti, M. Tarigan

引用次数: 0

The Concept Of Term Of Office Limitation Of Regional Head In Indonesia 印尼地区负责人任期限制的概念

Syiah Kuala Law Journal Pub Date : 2022-08-20 DOI: 10.24815/sklj.v6i2.29122

Eza Aulia, Khairul Fahmi

{"title":"The Concept Of Term Of Office Limitation Of Regional Head In Indonesia","authors":"Eza Aulia, Khairul Fahmi","doi":"10.24815/sklj.v6i2.29122","DOIUrl":"https://doi.org/10.24815/sklj.v6i2.29122","url":null,"abstract":"This study aims to determine the basic application of the regional head office limitation model in Indonesia and how the implementation of the regional head office limitation in various countries. The research method used is normative juridical which uses primary and secondary legal materials and uses the statutory approach, the historical approach, and the comparative approach. The results showed that the underlines of application of the model for limiting the term of office of regional heads are the policy of legislators who equate the model of limiting the position of the head of state government based on Article 7 of the 1945 Constitution also several Constitutional Court decisions which further clarify the technical limitations of the term of office of regional heads. A comparison of the model for limiting the term of office of regional heads in several countries shows that each country applies a different model for limiting the term of office. However, the four countries have one thing in common, namely that the limitation on the term of office of regional heads is a different model from the limitations applied to the positions of heads of state governments. Ideally, the limitation of the term of office of regional heads is a matter that should be decentralized to the regions so that regional regions can determine their policy of limiting their term of office depending on the will of their constituents in the region which is regulated by local provisions.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122974581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Child Protection Laws In Indonesia; Related To Islamic Spirit 印度尼西亚的儿童保护法;与伊斯兰精神有关

Syiah Kuala Law Journal Pub Date : 2022-08-06 DOI: 10.24815/sklj.v6i2.29121

Ikhwanuddin Harahap

引用次数: 1

Unfair Business Competition Practices In Tenders For Governmen Procurement 政府采购招标中的不正当商业竞争行为

Syiah Kuala Law Journal Pub Date : 2022-08-02 DOI: 10.24815/sklj.v6i2.29119

Yuanno Rezky, Elisatris Gultom

引用次数: 1

The Perspective of the Principle of Proportionality on the Validity of Online Agreements 比例原则对网络协议效力的透视

Syiah Kuala Law Journal Pub Date : 2022-08-01 DOI: 10.24815/sklj.v6i2.28619

Christina Bagenda, Cicilia Helena Carbonilla

引用次数: 0

Model For Settling Ulayat Rights Conflicts Based On Traditional Law In Hitulama State Leihitu District Central Maluku Region 基于传统法律的希图拉马州雷伊图区中央马鲁古地区乌拉亚特权利冲突解决模式

Syiah Kuala Law Journal Pub Date : 2022-08-01 DOI: 10.24815/sklj.v6i2.29118

Leli Joko Suryono, Saiful Bahri Pelu

{"title":"Model For Settling Ulayat Rights Conflicts Based On Traditional Law In Hitulama State Leihitu District Central Maluku Region","authors":"Leli Joko Suryono, Saiful Bahri Pelu","doi":"10.24815/sklj.v6i2.29118","DOIUrl":"https://doi.org/10.24815/sklj.v6i2.29118","url":null,"abstract":"There are still various institutions outside the court in addressing Ulayat land issues in Hitulama state, Leihitu district, Central Maluku area. There are many customary lands in this area that belong to customary law communities, which frequently leads to interest conflicts. Indigenous peoples set the King as the head of the customary alliance, symbol, as well as the system and model of customary law itself in resolving disputes over customary rights of indigenous peoples. The aim of this study is to define the model for settling customary rights disputes based on customary law and to see if the model used in Hitulama state, Leihitu district, Central Maluku region meets the principles of justice. The methodology employed is an empirically grounded, legally descriptive analytic approach. Study participants include local officials, elders, and members of the community who have been involved in land conflicts. This study's sample, selected using a non-random method, consists of natives living in Hitulama. Primary data were collected through in-person interviews. The basic legal materials are the laws and regulations directly pertaining to the issue of study; the secondary legal materials are books and scholarly articles; and the tertiary legal materials are dictionaries in Indonesian and English. Afterward, a qualitative analysis was performed on the collected data.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129827224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Juridical Analysis Of The Application Of The Guarantee Article Does Not Cross Disputes In The Deed Of Waiver With Compensation (Study Decision No. 1016 K / PDT / 2015) 关于担保条款在弃权赔偿契据中不跨越争议适用的法律分析(研究决定第1016 K / PDT / 2015号)

Syiah Kuala Law Journal Pub Date : 2022-08-01 DOI: 10.24815/sklj.v6i2.28401

Duma Sari Lubis, H. Purba, Keizerina Devi Azwar, Suprayetno Suprayetno

{"title":"Juridical Analysis Of The Application Of The Guarantee Article Does Not Cross Disputes In The Deed Of Waiver With Compensation (Study Decision No. 1016 K / PDT / 2015)","authors":"Duma Sari Lubis, H. Purba, Keizerina Devi Azwar, Suprayetno Suprayetno","doi":"10.24815/sklj.v6i2.28401","DOIUrl":"https://doi.org/10.24815/sklj.v6i2.28401","url":null,"abstract":"This study aims to analyze the juridical application of the guarantee article not cross-disputed in the deed of waiver with compensation (Study Decision Number 1016 K / Pdt / 2015). The transfer of land rights is the activity of releasing the legal relationship between the holder of land rights and the land he controls by providing compensation on the basis of deliberation. The method used in this study is the legal research method. The results showed that the analysis of the Supreme Court decision number 1016K / Pdt / 2015 relating to the application of the non-cross-dispute guarantee article in the deed of waiver of rights with compensation is correct. Inhis judgment, the judge stated legally that the Deed of Waiver with Compensation Number 22 to 30 each dated November 2004 was made before Notary H. Achmad, S.H., (Notary in Medan). And the factthat each dated November 9, 2004 which has been legalized by H. Achmad, S.H., (Notary in Medan) is valid and has binding legal force, while the Letter of Disclosure of Land Rights with Compensation dated July 14, 2005 is legally defective and has no legal force.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129706385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Corporate Responsibility For Environmental Protection And Management In Ex-Mining Land 矿业用地环境保护与管理的企业责任

Syiah Kuala Law Journal Pub Date : 2022-04-22 DOI: 10.24815/sklj.v6i1.28413

M. Mahfud, R. Rosmawati, N. Nurdin

{"title":"Corporate Responsibility For Environmental Protection And Management In Ex-Mining Land","authors":"M. Mahfud, R. Rosmawati, N. Nurdin","doi":"10.24815/sklj.v6i1.28413","DOIUrl":"https://doi.org/10.24815/sklj.v6i1.28413","url":null,"abstract":"Exploiting natural resources must be based on an environmental approach. This is reasonable because environmental problems are closely related to the process of population growth, which is the high demand for natural resources. One of the most widely used natural resources by humans for various purposes is coal. The negative impact of coal mining is that it triggers deforestation (deforestation) and exacerbates climate change. Therefore, in the exploration and exploitation management process, every mining material, especially coal, requires various AMDAL mechanisms as part of environmentally sound development management. Provisions regarding mineral and coal mining activities oblige mining companies to carry out reclamation and post-mining activities over the mining areas they manage. The scope of the implementation of reclamation activities starts from exploration, land clearing, excavation of topsoil and over burden, coal excavation, land management, revegetation including preparation of nurseries, and maintenance and evaluation of activity results. The implementation of reclamation is carried out no later than one month after there are no more mining business activities on disturbed land. Reclamation and post-mining activities are one of the obligations of mining business activities that should be taken into account.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129048833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1