Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1294
Muhtar Dahri, Salman Sayuti, Febrian Chandra
{"title":"Penerapan Kitab Undang Hukum Pidana Dan Kitab Undang Hukum Acara Pidana Dalam Penyelesaian Perkara Pidana Pemilu","authors":"Muhtar Dahri, Salman Sayuti, Febrian Chandra","doi":"10.33087/wjh.v7i2.1294","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1294","url":null,"abstract":"Simultaneous general elections held by the State of Indonesia to elect the President, Vice President, Members of Parliament, Governor and Regent caused various kinds of problems, one of which was in the form of criminal cases, which subsequently led to polemics in related agencies in terms of determining the forms and placing the articles of election criminal cases and their resolution, Therefore, this study attempts to examine the problem of normative research methods by the method of document overview on the application of the Wetboek Van Strafrecht in the specific provisions of the laws on electoral crimes in electoral laws and regulations and on the resolution of electoral criminal cases that refer to Wetboek Van Strafrecht unless the electoral law provides otherwise, that the application of the provisions on electoral criminal cases and their resolution requires a detailed understanding of the parties involved in the electoral process. Therefore, there is a need for training and guidance for stakeholders namely Gakkumdu, in relation to the Electoral Crimes Ordinance and its resolution procedures; To avoid causing disputes within competent authorities in determining the difference between electoral offenses and common offenses","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018373","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}
Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1224
Adam Deva, Rosmidah Rosmidah
{"title":"Asas Proporsional dan Asas Itikad Baik dalam Perjanjian Waralaba","authors":"Adam Deva, Rosmidah Rosmidah","doi":"10.33087/wjh.v7i2.1224","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1224","url":null,"abstract":"The purpose of the study to determine and analyze the urgency of the principle of proportionality and the principle of good faith in the franchise agreement, legal protection and minimization of problems. The problem of how the urgency of the proportional principle and the principle of good faith in the franchise agreement, then the proportional principle and the principle of good faith in the franchise agreement can be a solution in minimizing the problems posed by the franchise agreement and legal protection of the parties.the method used in this study is juridical normative. This research is based on treaty theory, justice theory, proportional principle in Treaty, legal protection. Legal issues the occurrence of ambiguity of norms, that based on Government Regulation No. 42 of 2007 on franchise has contained rules regarding clauses in the agreement clearly as many as 11 clauses that must exist but in the implementation of the standard agreement is an agreement made by one of the parties, causing problems in the future. the results showed that (1) the principle of proportionality and good faith is a unity in a system of checks and balances whose task is to encourage the creation of legal relations in a proportional contract.(2) the principle of good faith and the principle of proportionality in making a franchise agreement, can prevent losses that will be experienced by other parties and is able to minimize the problems that will be caused before the agreement,at the time of the agreement,and after the agreement.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"19 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136017902","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}
Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1196
Elvi Alfian A
{"title":"Sanksi Bagi Warga Binaan Melarikan Diri Di Lapas Kelas IIa Jambi","authors":"Elvi Alfian A","doi":"10.33087/wjh.v7i2.1196","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1196","url":null,"abstract":"The purpose of this research is to find out the criminal sanctions for fugitive convicts in Class IIA Jambi Correctional Institutions (Lapas), starting from the factors that cause escaped convicts, the sanctions applied to escaped convicts to efforts to prevent inmates from escaping. An empirical juridical approach is applied in this research, the method used is through data collection by means of observation, structured and unstructured interviews and documentation. In drawing conclusions, a qualitative approach is used, data analysis is used to draw conclusions from the answers to the research objectives. The conclusion of this study is that disciplinary enforcement of convicts who run away during their sentence period is carried out in various ways according to the level of the offense. The most serious violations were placed in solitary confinement for 2 (two) to 6 (six) days, loss of remission rights, family visits, parole and assimilation leave until leave before pure release in the form of parole. Efforts to prevent convicts from escaping from the Jambi Class IIA prison have been carried out but have been constrained by the overcapacity of the inmates, the unequal ratio of personnel and weapons from the guards and the physical condition of the prison building which is no longer feasible due to its age and is prone to flooding. To overcome this, the Lapas itself has made various prevention efforts including in the form of a social approach in the form of mental coaching, sanctions if it has happened to escaped convicts and also to Correctional employees with physical and mental coaching as well as disciplinary coaching.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018372","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}
Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1223
Muhammad Aditya Pattikraton, Ana Silviana
{"title":"Pencatatan Sita Sertifikat Hak Atas Tanah di Kantor Pertanahan Kota Bandar Lampung","authors":"Muhammad Aditya Pattikraton, Ana Silviana","doi":"10.33087/wjh.v7i2.1223","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1223","url":null,"abstract":"This study aims to determine the recording of confiscation of certificates of land rights in the defense office of the city of Bandar Lampung. The method in this study uses a normative and empirical approach. The results of this study indicate that the legal implication of confiscation of land title certificates based on the Regulation of the Minister of Agrarian and Spatial Planning / Land Agency Number 13 Year 2017 Regarding the Procedure of Blocking and Confiscating is resulting the certificate holder temporarily unable to make the transfer of rights or the imposition of rights on his land until the revocation of the certificate of seizure of the land. Confiscation of certificates results in the suspension of land rights for the time being and will simultaneously freeze ownership of land. Furthermore, regarding the inhibiting factor for confiscation of land rights certificates, when recording is done manually, it is often the case that confiscation of seizure documents filed by the Ministry of Agriculture is not yet complete. the petitioner, as well as the lack of legal understanding related to legal standing confiscation of criminal, confiscated cases and confiscation due to forced letters. Suggestion of this research is that the Land Office should be more existent in disseminating information regarding the mechanism of confiscation recording at related institutions such as the Regional Police, Prosecutors, Courts and the public because the classification of criminal confiscation, confiscation of cases and confiscation due to forced letters.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136017901","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}
Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1257
Tirza Azzaprillia
{"title":"Opportunities and Challenges: E-Commerce In Indonesia from Business Legal Perspective","authors":"Tirza Azzaprillia","doi":"10.33087/wjh.v7i2.1257","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1257","url":null,"abstract":"Tujuan penelitian ini mencoba menjawab peluang dan tantangan e-commerce di Indonesia dari perspektif hukum bisnis. E-commerce telah berkembang pesat di Indonesia dalam beberapa tahun terakhir, memberikan peluang bisnis yang besar bagi pengusaha untuk memasarkan dan menjual produk mereka secara online. Perkembangan ini juga memberikan peluang dan tantangan hukum yang harus diperhatikan oleh para pengusaha. Penelitian ini mencoba menjawab Metode penelitian menggunakan metode yuridis normatif dengan pendekatan deskriptif analitis. Hasil penelitian menunjukkan bahwa peluang e-commerce di Indonesia: potensi pasar yang besar, Pertumbuhan pasar yang tinggi, dan kemudahan akses. Tantangan hukum yang harus dihadapi yakni belum jelasnya regulasi perihal perlindungan konsumen, perlindungan data pribadi, persaingan usaha dan hak kekayaan intelektual, dan pajak. Selain regulasi, kepatuhan hukum dan infrastruktur yang tidak merata menjadi tantangan tersendiri.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"37 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018077","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}
Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1271
Askari Razak
{"title":"Affirmative Action Untuk Penyandang Disabilitas: Memenuhi Hak Pilih dalam Pemilu Yang Adil","authors":"Askari Razak","doi":"10.33087/wjh.v7i2.1271","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1271","url":null,"abstract":"This research analyzes the fulfillment of voting rights for people with disabilities in elections and the efforts of affirmative action to achieve justice. People with disabilities have equal opportunities in elections according to the Constitutional Court's decision and the Election Law. Although the number of people with disabilities is approximately 1% of the population, it is important for the General Election Commission (KPU) to accurately register them. The fulfillment of voting rights for people with disabilities is in accordance with the 1945 Constitution and the Human Rights Law. People with disabilities are vulnerable groups with special rights guaranteed by the Disability Law. However, their political rights are often neglected due to stigma and discrimination. Through normative legal research, affirmative action becomes important as a temporary policy to provide equal opportunities. Active participation of people with disabilities is key in elections. The government categorizes voters as normal and those with mental disorders, but the difference between mental disabilities and insanity must be understood. Mental disorders and memory impairment are not the only requirements for elections. This research emphasizes the importance of fulfilling the voting rights of people with disabilities and the efforts of affirmative action for justice. Improvements in registration systems, elimination of stigma, and better understanding of political rights are expected to increase participation in the political process.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"19 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018242","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}
Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1253
Usak Usak
{"title":"Akibat Hukum Merger Bank Syariah Mandiri, BRI Syariah, dan BNI Syariah","authors":"Usak Usak","doi":"10.33087/wjh.v7i2.1253","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1253","url":null,"abstract":"The purpose of writing this article is to examine legal arrangements for merger of Islamic banking and legal consequences of the merger of Bank Syariah Mandiri, BRI Syariah, and BNI Syariah. The research method used in this research is normative juridical method. Results of this study found that provisions regarding the merger of Islamic Banking are carried out in accordance with the provisions of the legislation as mandated by Article 17 paragraph (3) of Law Number 21 of 2008 concerning Islamic Banking. The legal arrangements for the merger of Islamic Banking in Indonesia can be referred to the Banking Law, Limited Liability Company Law, Islamic Banking Law, Government Regulation Number 28 of 1999, and OJK Regulation Number 41 of 2019. In addition, the merger of Sharia Banks must also pay attention to terms and conditions relating to the prohibition of monopolistic practices and unfair business competition as referred to in Law Number 5 of 1999. The legal consequences of the merger of BRI Syariah, BNI Syariah and Bank Mandiri Syariah may affect the company, shareholders, customers and employee.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"20 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018377","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}
{"title":"Pelaksanaan Pemberian Asimilasi terhadap Warga Binaan Pemasyarakatan di Rumah Tahanan Negara Kelas IIB Padang Panjang","authors":"Rezki Kurnia Abdi, LoLa Yustrisia, SyaifuL Munandar","doi":"10.33087/wjh.v7i2.1226","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1226","url":null,"abstract":"AssimiLation is the process of fostering CorrectionaL Assisted Residents and CorrectionaL Students which is carried out by mixing CorrectionaL Assisted Residents and CorrectionaL Students in community Life. This study discusses the impLementation of the provision of assimiLation to prisoners in the Padang Panjang CLass IIB State Detention Center. The issues raised how is the impLementation of the granting of AssimiLation Rights to CorrectionaL Inmates in the Padang Panjang CLass IIB State Detention Center and what are the obstacLes and efforts in impLementing the granting of AssimiLation Rights to CorrectionaL Inmates in CLass IIB Padang Panjang State Detention Center. The type of research used is empiricaL juridicaL research. Sources of data used are primary data and secondary data. The impLementation of the granting of the Right of AssimiLation to CorrectionaL FamiLies in CLass IIB Padang Panjang State Detention Center is in accordance with appLicabLe reguLations. However, there are stiLL a number of obstacLes in the procedure which are stiLL not effective, there is resistance from the community towards prisoners and chiLdren of correctionaL institutions. It is better if there is more sociaLization from correctionaL officers to the inmates so that they are interested in fuLfiLLing their assimiLation rights. There is sociaLization that is more motivating from correctionaL officers to inmates so that they are interested in fuLfiLLing their assimiLation rights so that they avoid new criminaL acts when assimiLation is given.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"20 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018379","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}
Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1241
Mochamad Ilham Gantina, Happy Yulia Anggraeni
{"title":"Perlindungan Hak Cipta terhadap Pencipta Komik Dalam Platform Digital Tapas Media","authors":"Mochamad Ilham Gantina, Happy Yulia Anggraeni","doi":"10.33087/wjh.v7i2.1241","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1241","url":null,"abstract":"In this age of disruption, the advancement of information technology brings with it new innovations, opportunities, and challenges. One of the difficulties is the increasingly easy distribution of illegal digital products. Digital comics are one example of a copyright product that is illegally distributed. Unfortunately, the increasing popularity of digital comics is being accompanied by an increase in piracy in Indonesia. This has had a huge impact on digital comic creators, who should have had full rights to their ideas but had them taken away by irresponsible parties. The goal of this research is to learn about the legal protections afforded to digital comic creators, as well as to learn about law enforcement actions taken against perpetrators who illegally distribute digital comics on online sites. This study employs normative legal research methods to provide an overview of the major issues. According to the study's findings, copyright protection for digital comic creators is currently regulated in Copyright Law No. 28 of 2014, so that law enforcement against perpetrators of digital comics distribution on illegal sites can be pursued through mediation, civil lawsuits, criminal complaints, and the closure of content and/or access to sites that violate Copyright.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136017894","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}
Wajah HukumPub Date : 2023-10-31DOI: 10.33087/wjh.v7i2.1246
Vanessa Mathilde Harum, Gunardi Lie, Moody R. Syailendra
{"title":"Analisis Perlindungan Hukum Bagi Pemegang Hak Merek Dagang Ikea Atas Penghapusan Merek Dagang (Antara PT Inter IKEA Swedia vs PT Ratania Khatulistiwa)","authors":"Vanessa Mathilde Harum, Gunardi Lie, Moody R. Syailendra","doi":"10.33087/wjh.v7i2.1246","DOIUrl":"https://doi.org/10.33087/wjh.v7i2.1246","url":null,"abstract":"Brands play a very important role in the world of marketing because people often associate the quality or reputation of goods and services with certain brands. One of known brands that people are familiar with is IKEA. So the author is interested in analyzing the dispute that occurred between PT Inter IKEA Sweden and PT Ratania Khatulistiwa, especially in the section on When IKEA Sweden Lost Its Brand Rights According to Law Number 15/ 2001 Concerning Brands, and How Legal Protection for the Holders of IKEA Trademark Rights.. Method The approach used in this study is a normative legal approach which refers to the applicable laws and regulations. The protection of the IKEA trademark dispute as a result of not using the IKEA trademark for 3 consecutive years.","PeriodicalId":283705,"journal":{"name":"Wajah Hukum","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136018091","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}