Jurnal Perspektif Hukum最新文献

{"title":"Tinjauan Yuridis Sertifikat Hak Tanggungan Yang di Terbitkan Melalui Sistem Elektronik Menurut Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional No. 5 Tahun 2020 Tentang Pelayanan Hak Tanggungan Terintegrasi Secara Elektronik","authors":"Gratia Ariefa","doi":"10.35447/jph.v3i1.453","DOIUrl":"https://doi.org/10.35447/jph.v3i1.453","url":null,"abstract":"The registration system for Electronic Mortgage Rights (HT-el) is intended to improve service, timeliness, speed, convenience and affordability in the context of public services, as well as to adjust legal developments, technology and community needs. type of . HT-el services that can be delivered through the HT-el System include registration of HT, transfer of HT, change of creditor name, deletion of HT and data correction. Electronic HT certificate that has executive power and can be proven as evidence of HT in court. The results show that in conventional HT registration, the legal provisions of UUHT, PP 24/1997 and PP 37/1998 require PPAT to send physical documents to the land office and thus require the Land Office to receive and keep the mortgage registration documents in the original. HT registration through HT-el, PPAT has the role of submitting the deed and complete documents of registration requirements or transfer of HT requested by the Creditor through the PPAT Partner Application at partner.atrbpn.go.id which is integrated with the HT-el System where the submission of documents is accompanied by a Statement Letter regarding accountability for the truth and validity of the data. Electronic Documents submitted. The HT-el certificate has executive powers as regulated in Article 14 of the HT Law and can be executed under Article 224 HIR. The HT-el service carried out by the Ministry of ATRIBPN is a form of Public Scope Electronic System Operation as regulated in UU ITE Jo. PP 7 I/2019. In addition, the ITE Law is the legal basis for HT-el certificates which are legal evidence of HT in the eyes of the law and can be used as evidence in court.","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122427000","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":"Analisis Yuridis Penyelesaian Sengketa Desain Industri Eco Bottle (Studi Putusan Nomor 594 K/Pdt.Sus-Hki/2017)","authors":"Syarafina Rahayu Fitri","doi":"10.35447/jph.v3i1.456","DOIUrl":"https://doi.org/10.35447/jph.v3i1.456","url":null,"abstract":"The industrial design lawsuit between Dart Industries, INC as a company wholly owned by Tupperware Brands Corporation, the industrial design case for Tupparware's Eco Bottle and the Defendant who owns the Bio Life Products has been decided with a decision Number 594 K/PDT.SUS-HKI/2017. Discusses how the lawsuit mechanism for the cancellation of industrial designs as one of the areas of Intellectual Property Rights, What are the legal consequences of using industrial designs without rights that have similarities with industrial designs registered under Law Number 31 of 2000 concerning Industrial Designs, How is legal protection for PT Dart Industries as a user of Industrial Design in an Industrial Design dispute with Bio Life products based on the decision of the Supreme Court Number 594 K/Pdt.Sus-HKI/2017. This type of research is normative legal research, where the approach to the problem is carried out by reviewing the applicable laws and regulations. The research results obtained, namely the absence of a substantive examination of the registration of industrial designs, the non-fulfillment of novelty elements in an industrial design and the absence of an explanation of the basic similarities in the Industrial Design Law. The legal consequences of using industrial designs without rights in accordance with the provisions of Article 46 of the Industrial Design Law, the holders of industrial design rights or licensees can sue the infringing party. The lawsuit filed by the Plaintiff PT. Dart Industri as the owner of the Eco Bottle beverage bottle industrial design. The judge had different basic considerations in passing the decision on the dispute over the shape of the Tupperware beverage bottle, namely in the Supreme Court's Decision Number: 594K/Pdt.Sus-HKI/2017, the Judge stated that it was true that the shape of the Biolife Borneo bottle had the same industrial design as the Tupperware bottle owned by PT. Dart Industries while the Judge in the Supreme Court Decision Number: 874K/Pdt.Sus.HKI/2017, stated that the shape of the Biolife Borneo bottle does not have the same industrial design as the Tupperware bottle owned by PT. Dart Industries.","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"12 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122566493","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":"Penyerahan Tanah Yang Terikat Dalam Perjanjian Dondon Di Desa Aeklung Kecamatan Doloksanggul Kabupaten Humbang Hasundutan","authors":"Silvia Agustina Simamora","doi":"10.35447/jph.v3i1.452","DOIUrl":"https://doi.org/10.35447/jph.v3i1.452","url":null,"abstract":"ABSTRACT \u0000The Dondon Agreement is to pawn a plot of rice field land to another party with an agreement that one day the land will be redeemed by the owner and when the land is pawned the land owner will receive the amount of money that the land owner needs from the dondon recipient. Dondon agreements according to customary law have a minimum time limit of 2 years, but in reality what happened in Aeklung village, Doloksanggul district, Humbang Hasundutan district, especially in hamlet I, the people still use the dondon agreement not using the time limit as it should be. The formulation of the problem from this research is how is the mechanism for transferring the dondon agreement in Aeklung village, Doloksanggul district, Humbang Hasundutan district, what are the rights and obligations of the parties who make the dondon agreement, how are the legal protections for the parties who make the dondon agreement. This study uses empirical legal research that is descriptive analytical. The mechanism for the transfer of the dondon agreement in Aeklung village, Doloksanggul sub-district, Humbang Hasundutan Regency, namely party I (dondon giver) and party II (dondon recipient) meet together to make a dondon agreement under sufficient stamp duty witnessed by each party. Based on the agreement, the rights and obligations of the parties arise.","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127817597","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":"Kedudukan Harta Perkawinan Atas Nama Istri di Indonesia (Studi Putusan Pengadilan Negeri Jakarta Barat No. 330/Pdt.G/2012/Pn. Jkt Bar)","authors":"Tria Alvionita","doi":"10.35447/jph.v3i1.476","DOIUrl":"https://doi.org/10.35447/jph.v3i1.476","url":null,"abstract":"If the marriage is terminated due to divorce, the joint property is regulated according to their respective laws. If a husband and wife break up because of divorce, they embrace Islam, then the property of the marriage is divided according to Islamic law, but it does not rule out the possibility of dividing it based on customary law. The problem discussed is the regulation of marital property in the name of the wife according to the statutory regulations. The distribution of joint assets according to the decision of the West Jakarta District Court No. 330/Pdt.G/2012/PN. JKT Bar and the judge's legal considerations in the decision of the West Jakarta District Court No. 330/Pdt.G/2012/PN. JKT Bar. The type of research is normative juridical which is obtained from library materials that are descriptive analytical, namely to obtain a detailed and systematic description of the problems studied. The results of the study show that property acquired during the marriage period becomes joint property, as long as the goods are purchased in a marriage bond, the property becomes the jurisdiction of the joint property, who buys it, on whose name it is registered and where it is located does not matter. In Decision No. 330/Pdt.G/2012/PN. JKT BAR, because the distribution of joint assets is not regulated in the Marriage Law or in its Implementing Regulations, the panel of judges refers to the rules of the Civil Code Article 128 paragraph (1). Judge's legal considerations in Decision No. 330/Pdt.G/2012/PN. JKT BAR that the Plaintiff has been able to prove that the object of the dispute is the joint property of the Plaintiff and the Defendant, as long as there is no marriage agreement regarding joint property, all assets acquired during the marriage period are joint property.","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114684744","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":"Lelang Pengadaan Barang dan Jasa Sinyal Telekomunikasi Dari Stasiun Araskabu Menuju Bandara Kualanamu Oleh Executive Vice President Pt. Kereta Api Indonesia (Persero) dengan Bajatra (Analisis Putusan Nomor 181 Pk/Tun/2016)","authors":"Alam Syah Putra","doi":"10.35447/jph.v3i1.468","DOIUrl":"https://doi.org/10.35447/jph.v3i1.468","url":null,"abstract":"The user party is the party who requests or assigns the provider a task to supply or manufacture goods or make certain jobs. The problem in this research is the legal regulation of the auction of the procurement of goods and services in government regulations. Sanctions that can be imposed on parties related to the procurement of government goods/services that do not meet the requirements of the provisions of the work order. How is the judge's legal considerations in deciding the dispute between PT. Kereta Api Indonesia (Persero) with Bajatra in Decision Number 181 PK/TUN/2016. This research uses normative legal research methods. Presidential Regulation Number 16 of 2018 concerning the Procurement of Government Goods/Services provides guidelines for regulating and implementing the procurement of goods/services that accommodates the development of government needs regarding the regulation of the procurement of goods/services in order to fulfill the maximum benefit value and be able to contribute in increasing the use of products. domestic. Sanctions that can be imposed on parties related to the procurement of government goods/services that do not meet the requirements of the provisions of the work order. The sanctions are regulated in Article 83 of Presidential Regulation Number 16 of 2018, one of which is in the form of sanctions for inclusion in the Black List. The judge's legal considerations in deciding the dispute between PT. Kereta Api Indonesia (Persero) With PT. Bajatra in Decision Number 181 PK/TUN/2016 is a test of the validity of both procedural and substantial terms of the imposition of a blacklist addressed to the Plaintiff issued by the Defendant, not regarding the provision of goods and services in terms of telecommunication signal work from Araskabu station to Medan Kualanamu Airport. and Sepur 8, 9 Medan Station Emplacement. Implementation of the work agreement between PT. Bajatra and PT. KAI.","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114433210","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":"Analisis Yuridis Perceraian Disebabkan Suami Biseksual (Studi Putusan Pengadilan Agama Pariaman Nomor 69/Pdt.G/2019/Pa.Prm)","authors":"Raina Liza Liza","doi":"10.35447/jph.v3i1.467","DOIUrl":"https://doi.org/10.35447/jph.v3i1.467","url":null,"abstract":"Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming an eternal and happy family based on God Almighty. (Law No. 1 of 1974). Divorce is the breaking of marital ties between husband and wife by court decision and there are sufficient reasons that between husband and wife will not be able to live in harmony again as husband and wife. Bisexual is a person who has sexual attraction to two different genders at once. What are the legal consequences that are born after the breakup of a marriage because the husband is bisexual, How are the judges' considerations in deciding divorce cases because the husband is bisexual. The type of research used is normative juridical obtained from library materials. The nature of this research is descriptive analysis, namely to obtain a systematic, factual and accurate description of the problems studied. Collecting data in this study through library research with data collection tools using library research and interviews. Bisexual behavior can be used as a reason to sue for divorce because the purpose of marriage law is to create peace in the household and society and avoid the benefit that destroys the human generation. The legal consequences that were born after the termination of the marriage because the husband was bisexual were experiencing conflict, inharmonious communication relationships, the existence of mafsadat and maslahat elements as well as making the marriage divorced. The judge's consideration in deciding divorce cases because the husband is bisexual is that there is harm in one of the partners, there are 6 (six) ).","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114813504","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":"Peranan Pemerintah Dalam Meningkatkan Produk Indikasi Geografis di Indonesia","authors":"Sugih Ayu Pratitis","doi":"10.35447/jph.v2i2.433","DOIUrl":"https://doi.org/10.35447/jph.v2i2.433","url":null,"abstract":"In addition to the role of government entrepreneurs optimally, proper preparation of human resources is needed. The right human resources will greatly assist in the development of potential geographic indications in Indonesia. As a field of law that is not yet popular among practitioners, academics, and the public, counseling about geographical indications is very important. Academics do not understand and understand about IPR and moreover about geographical indications. Because geographical indication is a new thing in Indonesia. Understanding of geographical indications is new in Indonesia. Understanding of geographical indications requires socialization to prevent violations of these geographical indications. \u0000The government's role in increasing geographical indication products in Indonesia is through the government's efforts to increase the utilization of geographical indication products in Indonesia, namely by maximizing the utilization of geographical indications where in this case the government is represented by the Ministry of Industry and Trade (Depperindag), namely by providing guidance and conducting searches and collecting data and forming cross-departmental collaborations that are relevant nationally and internationally. \u0000To resolve the unlawful abuse of geographical indications in Indonesia, the government can make its own provisions in the Geographical Indication Law or add articles in the trademark law which explicitly regulates the legal protection of geographical indications which refers to the Monopoly and competition Law. unhealthy business, for fake and misleading goods.","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"89 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126110379","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":"Analisis Yuridis Terhadap Kewajiban Magang dan Relevansi Dengan Pengangkatan Pejabat Pembuat Akta Tanah (Ppat)","authors":"Eka Cristy Sembiring","doi":"10.35447/jph.v2i2.438","DOIUrl":"https://doi.org/10.35447/jph.v2i2.438","url":null,"abstract":"The Official for this research is to discover the obligation of candidates of PPAT (Officials Empowered to Draw up Land Deeds), to take an internship: in which they are obliged to understand and help the process of land activity and service, recruitment and verification process of registered deeds as well as verification of juridical data op application for land title. The primary task of PPAT is carry out part land registration activities by drawing up deeds as evidence for having taken particular legal actions regarding land title or ownership right over apartment units, that is made the ground for registration of changes in land registration resulted from the legal actions. \u0000            This research employs normative juridical method in form of document study, which studies the obligations of candidates of PPAT  (Officials Empowered to Draw up Land Deeds) to take an internship and its relevance with appointment of PPAT. This research is descriptive; it describes the obligation of PPAT to take an internship. The legal materials used in this research are sourced from results of library research such as primary, secondary and tertiary legal materials. In  addition, this research is supported by interviews with relevant parties to complete this thesis. These legal materials that have been collected are firstly described by legal and non-legal proportion, then interpreted to be further estimated and evaluated.","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125222160","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":"Aspek kepastian hukum terkait restitusi dalam perkara perlindungan anak","authors":"Erry Fendy Siregar","doi":"10.35447/jph.v2i2.435","DOIUrl":"https://doi.org/10.35447/jph.v2i2.435","url":null,"abstract":"THE ASPECT OF LEGAL CERTAINTY IN RELATION TO RESTITUTION IN THE CASES OF CHILD PROTECTION (A CASE STUDY OF LUBUK PAKAM’S STATE COURT’S VERDICT NUMBER 975/Pid.Sus/2019/PN.Lbp) \u0000  \u0000Article 71 D section (1) of the Act Number 35 Year 2014 on the amendment of the Act Number 23 Year 2002 concerning child protection guarantees that a child who has been a sex crime victim is permitted to lay claim to restitution from the criminal, which is intended to compensate for the loss of wealth, suffering from the crime, and/or medical fees, and/or psychological damage as a form of the criminal’s recompense. Besides, restitution is also intended to soothe the sex crime victim’s distress and enforce justice for them. \u0000This study is normative legal research which fostered the descriptive analytic method based on constitutional interpretation, especially that in connection with child protection, and the case interpretation of Lubuk Pakam’s State Court’s verdict number 975/Pid.Sus/2019/Pn.Lbp. This research employed the data collection technique of library review and qualitative data analysis. \u0000The verdict number 975/Pid.Sus/2019/PN.Lbp of Lubuk Pakam’s State Court’s judicial panel ordered the convict to pay a restitution of Rp. 1,200,000 (one million two hundred thousand rupiahs) to the victim. The verdict was not apart from the consideration of the fact that it was proven the convict had done the crime referred to by Article 81 section (2) in association with Article 76 D of the Act of Child Protection and the misdeed has caused the victim embarrassment. Moreover, in meting out the sentence, the judicial panel had to take into account the convict’s and social senses of justice. However, in this case, the convict did not pay the specified restitution. From the verdict, it is obvious that there is no guarantee restitution can be paid to the victim soon. What commonly happens is that the convict is not willing or able to pay it. In anticipation of the problem, the prosecutors as the verdict executors can apply Article 38 in association with Article 40 of the Act of Witness and Victim Protection to ensnare the criminal/convict who does not pay restitution to establish the legal certainty of restitution payment to the victim. \u0000 ","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"284 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124542172","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":"Analisis Hukum Terhadap Pertanggungjawaban Anak Perusahaan Kepada Induk Perusahaan dalam Hal Pembagian Keuntungan (Laba Ditahan) Menurut Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas","authors":"Triana Maulia Sari","doi":"10.35447/jph.v2i1.331","DOIUrl":"https://doi.org/10.35447/jph.v2i1.331","url":null,"abstract":"The profit obtained by the holding company by investing in shares in a subsidiary company, that is, the holding company gets the profits derived by the subsidiary as much as the shares it owns. The holding company is also entitled to receive dividends from its subsidiaries, provided that it must pay attention to the net income of the subsidiary. As a result of the holding company’s rights to the profits obtained by the subsidiary, the subsidiary has the responsibility to make profits distribution to the holding company. Research uses normative legal research. This study using the statutory approach (statute approach). Data sources used are secondary data, which consists of primary, secondary and tertiary legal materials. Data collection was carried out by means of library study (library research), then processed and analyzed using qualitative analysis method techniques. According to Article 70 of constitution Number 40 Year 2007 Regarding Limited Liability Companies, the company is obliged to prioritize the allowance for reserve funds so that it can cause retained earnings, which is the profit obtained by the company that is not distributed by the company to shareholders in the form of dividends. Subsidiaries are responsible for giving priority to the interests of the company, especially in terms of storing reserve funds that are useful for the interests of the company such as the payment of long-term debts. In addition, retained earnings are used to support the operational activities of subsidiaries","PeriodicalId":302535,"journal":{"name":"Jurnal Perspektif Hukum","volume":"42 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133665908","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}