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THE â€œUNJUST ENRICHMENTâ€ IN INTELLECTUAL PROPERTY RIGHTS: A PROPHETIC LEGAL PARADIGM 知识产权的 "不公正享有"：一个预言性的法律范式

Jurnal Pembaharuan Hukum Pub Date : 2023-09-07 DOI: 10.26532/jph.v10i2.30673

Made Jayantara, I. G. A. Kurniawan, Putu Aras Samsithawrati

{"title":"THE â€œUNJUST ENRICHMENTâ€ IN INTELLECTUAL PROPERTY RIGHTS: A PROPHETIC LEGAL PARADIGM","authors":"Made Jayantara, I. G. A. Kurniawan, Putu Aras Samsithawrati","doi":"10.26532/jph.v10i2.30673","DOIUrl":"https://doi.org/10.26532/jph.v10i2.30673","url":null,"abstract":"The purpose of this study is to analyze the implications of the concept of Unjust Enrichment in the realm of intellectual property rights and the orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights from a prophetic law perspective. This research is a normative legal research using a case, concept, and statutory approach. The results of the study state that the implication of the concept of Unjust Enrichment in the realm of intellectual property rights is intended to protect creators of works or holders of intellectual property rights, especially in fulfilling economic rights. The orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights in the perspective of prophetic law is that the Supreme Court Decision which becomes jurisprudence must be a guide and guide for judges in resolving cases related to Unjust Enrichment in the realm of intellectual property rights. The main finding in this study is that three aspects of prophetic law, namely liberation, humanization, and transcendence are three aspects that must be met and considered in the application of the concept of Unjust Enrichment in all rules related to intellectual property rights, including the formulation of sanctions as well as legal remedies that can be taken if there is a loss suffered by the holder of intellectual property rights.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139341934","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

THE COMPARATIVE LAW OF FRANCHISE AGREEMENTS IN REALIZING PROTECTION BETWEEN PARTIES 实现当事人之间保护的特许经营协议比较法

Jurnal Pembaharuan Hukum Pub Date : 2023-08-31 DOI: 10.26532/jph.v10i2.33355

Tajuddin Noor

引用次数: 0

THE ADVOCATES' IMMUNITY RIGHTS IN INDONESIA'S CRIMINAL JUSTICE SYSTEM 印度尼西亚刑事司法系统中辩护人的豁免权

Jurnal Pembaharuan Hukum Pub Date : 2023-08-30 DOI: 10.26532/jph.v10i2.33463

Mas Rara Tri Retno Herryani, Alwan Hadiyanto, Mas Subagyo Eko Prasetyo, Agus Saepul Alam

引用次数: 0

THE RELEVANCE OF JAMAL AL-BANNA ISLAMIC LEGAL THOUGHT IN RELIGIOUS MODERATION 贾迈勒-班纳的伊斯兰法律思想与宗教温和性的相关性

Jurnal Pembaharuan Hukum Pub Date : 2023-08-30 DOI: 10.26532/jph.v10i2.32626

Amrar Mahfuzh Faza, Asmuni Asmuni, Zainul Fuad

{"title":"THE RELEVANCE OF JAMAL AL-BANNA ISLAMIC LEGAL THOUGHT IN RELIGIOUS MODERATION","authors":"Amrar Mahfuzh Faza, Asmuni Asmuni, Zainul Fuad","doi":"10.26532/jph.v10i2.32626","DOIUrl":"https://doi.org/10.26532/jph.v10i2.32626","url":null,"abstract":"This research examines the principles of Islamic legal thought of Jamal al-Banna with the aim of knowing the relevance of the principles of Islamic legal thought to the principles of religious moderation in Indonesia. The purpose of this research is to analyze the Intellectual Biography of Jamal al-Banna and the Principles of Islamic Legal Thought of Jamal al-Banna Relevant to the Principles of Religious Moderation in Indonesia. This research is a doctrinal Islamic law research using historical (historical) content analysis approach. The primary data source for this research is the work of Jamal al-Banna himself namely Naá¸¥wa Fiqh JadÃ®d and the book Religious moderation authored by Research and Development Team of the Ministry of Religion of the Republic of Indonesia.This research is also supported by secondary sources in the form of works related to the topic of study. Religious moderation is actually the essence and substance of religious teachings which are not exaggerated at all, either in perspective or attitude. This study concludes There are 2 (two) textually the principles of Islamic legal thought of Jamal al-Banna that are relevant to religious moderation in Indonesia, namely: justice and tolerance. As for substantially there are also 2 (two), namely: the value of the principle of \"facilitating\" is the same as Tawassut and compassion is the same as the principle of equality (musawah/egalitarian).","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348355","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

THE HARMONIZATION OF LAW ENFORCEMENT IN THE ERADICATION OF CRIMINAL ACTS OF CORRUPTION 统一执法，根除腐败犯罪行为

Jurnal Pembaharuan Hukum Pub Date : 2023-08-26 DOI: 10.26532/jph.v10i2.31329

Siti Humulhaer

引用次数: 0

THE DISPUTES RESOLUTION AGAINST PARTIES OF DIFFERENT CITIZENSHIP 解决针对不同国籍当事人的争端

Jurnal Pembaharuan Hukum Pub Date : 2023-08-20 DOI: 10.26532/jph.v10i2.31429

Annie Myranika

引用次数: 0

LEGAL POLITICS OF REGIONAL HEAD ELECTIONS DURING THE COVID-19 PANDEMIC: DO ANTAGONISTIC IMPLICATIONS? COVID-19大流行期间地区首长选举的法律政治:是否具有对抗意义?

Jurnal Pembaharuan Hukum Pub Date : 2023-05-10 DOI: 10.26532/jph.v10i1.20019

Fifiana Wisnaeni, Kornelius Yosua Dimas Nugroho

{"title":"LEGAL POLITICS OF REGIONAL HEAD ELECTIONS DURING THE COVID-19 PANDEMIC: DO ANTAGONISTIC IMPLICATIONS?","authors":"Fifiana Wisnaeni, Kornelius Yosua Dimas Nugroho","doi":"10.26532/jph.v10i1.20019","DOIUrl":"https://doi.org/10.26532/jph.v10i1.20019","url":null,"abstract":"This research aspires to know and analyze the political law of regional head elections in Indonesia in the midst of the COVID-19 pandemic. Next, the implications of COVID-19 are explored to determine its impact on the implementation of regional head elections and democracy in Indonesia. This study aims to analyze the political laws of regional head elections in Indonesia when the COVID-19 pandemic happened and explore the implications of the pandemic on regional head elections and democracy in Indonesia. This research used normative juridical method with specifications in the analytical descriptive investigation, secondary data was used to examine research data qualitatively. The study found that the rescheduled simultaneous regional elections during the COVID-19 pandemic were carried out in December 2020 while also applying stringent health protocols. The COVID-19 pandemic is believed not to have affected democracy in Indonesia since the process was carried out in a direct, open, public, secret, honest, and fair manner. this study also found that public participation in regional head elections amid the COVID-19 pandemic increased compared to previous years; voter turnout in 2015 was 69.35%, and the number increased to 74.89% in 2017. the participation further progressed to 76.09% in 2020 despite the happening pandemic.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42422549","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

POLITICAL MATTER IN HISTORICAL GOVERNMENT OF TURKIYE’s ELECTION 土耳其历史政府选举中的政治问题

Jurnal Pembaharuan Hukum Pub Date : 2023-04-30 DOI: 10.26532/jph.v10i1.32138

Muhammet Ebuzer Ersoy

{"title":"POLITICAL MATTER IN HISTORICAL GOVERNMENT OF TURKIYE’s ELECTION","authors":"Muhammet Ebuzer Ersoy","doi":"10.26532/jph.v10i1.32138","DOIUrl":"https://doi.org/10.26532/jph.v10i1.32138","url":null,"abstract":"After two decades in power and more than a dozen elections, Turkey's authoritarian leader Recep Tayyip Erdogan knows how to work a room. At a taxi drivers' convention in Istanbul, they could not get enough of him. He controlled the crowd like the conductor of an orchestra. They cheered and clapped - and booed the opposition - on cue. The venue was a waterside convention centre in Istanbul, built during his time as mayor of the city. The rally reached a crescendo as the president delivered his parting shot: \"One Nation, One Flag, One Motherland, One State.\" This research aims to know the political issue in Turkiye’s election from history of their modern nation and government regulation especially in the voting and choose the president. This study uses a sociological juridical approach, namely research based on normative law (regulations) as well as observing the workings of these regulations in society which make relationship with the political and international issue. The result show President Recep Tayyip Erdogan has won re-election according to the country's Supreme Election Council and unofficial data from the state-run Anadolu Agency. With 100 percent of ballot boxes opened in the run-off, Erdogan has 52.18 percent of the vote, and challenger Kemal Kilicdaroglu has 47.82 percent.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47209946","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

THE ROLE OF INDONESIAN ONLINE MARKETPLACES IN INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS: A COMPARATIVE ANALYSIS 印尼在线市场在知识产权侵权中的作用:比较分析

Jurnal Pembaharuan Hukum Pub Date : 2023-04-30 DOI: 10.26532/jph.v10i1.30883

Lu Sudirman, H. Disemadi

{"title":"THE ROLE OF INDONESIAN ONLINE MARKETPLACES IN INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS: A COMPARATIVE ANALYSIS","authors":"Lu Sudirman, H. Disemadi","doi":"10.26532/jph.v10i1.30883","DOIUrl":"https://doi.org/10.26532/jph.v10i1.30883","url":null,"abstract":"This research explores the forms of intellectual property rights violations and their causes, which are examined using the Indonesian intellectual property rights legal framework, to then generate an overview of the legal reconstruction needed to protect existing intellectual property in Indonesian online marketplaces. This research used normative legal research method with comparative approach by analyzing the existing Indonesian IP legal framework and compare it with other countries that are more advanced in IPR protections. This research puts a great emphasis on legal problems and the criminal elements of the Indonesian intellectual property rights legal framework to explain the position of online marketplaces and their responsibilities to also support the protection of IP and the growth of e-commerce overall. This research finds that Indonesia is facing normative issues in defining the role of online marketplace in many IP infringement cases. This finding is important in the support for continued legal development in Indonesia, to provide better protection of many forms of intellectual property rights in Indonesian online marketplaces.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47843413","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

THE ENVIRONMENTAL OF CRIMINAL LAW ENFORCEMENT BASED ON PANCASILA’s JUSTICE 基于潘卡西拉正义论的刑事执法环境

Jurnal Pembaharuan Hukum Pub Date : 2023-04-24 DOI: 10.26532/jph.v10i1.30913

S. Sumarno, Ismaidar Ismaidar

引用次数: 0