Jurnal Pembaharuan Hukum最新文献

{"title":"THE LAW ENFORCEMENT AGAINST NARCOTICS CRIMINAL ACTIONS WHO SHOULD BE ON REHABILITATION","authors":"Bambang Tri Bawono, G. Gunarto","doi":"10.26532/jph.v9i1.20536","DOIUrl":"https://doi.org/10.26532/jph.v9i1.20536","url":null,"abstract":"The purpose of this study was to determine and analyze the process of law enforcement for narcotics crimes and the legal basis used as a reference for rehabilitation. The approach method used in this research is a sociological juridical approach. Criminal sanctions related to the five criminal acts above also have different consequences, depending on the type of narcotic class used. Criminal provisions regarding narcotics criminals possessing, storing, controlling or providing narcotics are regulated in Article 112, Article 117, and Article 122 of Act No. 35 of 2009 concerning Narcotics. In addition to the law prohibiting possessing, storing, controlling or providing narcotics, the Narcotics Law also explicitly regulates the prohibition of producing, importing, exporting, or distributing narcotics. The prohibition is regulated in Article 113, Article 118, and Article 123 of Act No. 35 of 2009 concerning Narcotics. The results of this study indicate that the process of law enforcement against narcotics crimes is carried out through investigation, prosecution, and examination in court. While the legal basis used by judges to rehabilitate narcotics criminals is: Supreme Court Circular No. 4 of 2010 concerning Placement of Victims of Abuse and Narcotics Addicts in Medical Rehabilitation and Social Rehabilitation Institutions.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42294826","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":"THE CORPORATE CRIMINAL LIABILITY IN THE MANAGEMENT OF OIL PALM PLANTATION LAND","authors":"Nur Afita, H. Hartiwiningsih","doi":"10.26532/jph.v9i1.20492","DOIUrl":"https://doi.org/10.26532/jph.v9i1.20492","url":null,"abstract":"This study aims to analyze the form of criminal liability against corporations in the management of oil palm plantation land, especially in West Kalimantan province. Therefore, the corporation as an entity in its development is capable of committing acts against the law such as in the management of oil palm plantations. However, the actual form of criminal liability often contains anomalies in it, especially in the Province of West Kalimantan. This research is empirical legal research or a prescriptive sociological legal research using a statutory approach, and case approach. Analyze what are the obstacles in delegating criminal responsibility to corporations in the field of oil palm plantation land management. The results study show that the form of criminal liability against corporations in the management of oil palm plantations is a criminal fine that can be represented by a senior officer in court. Second, obstacles in delegating responsibility to corporations are caused by several factors, namely (1) the formulation (2) the application (3) the execution.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44774238","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":"THE CONSTITUTIONAL COURT'S DECISION ON CHILD OUT OF WEDLOCK IS BASED ON JUSTICE","authors":"Didik Suhariyanto","doi":"10.26532/jph.v9i1.20435","DOIUrl":"https://doi.org/10.26532/jph.v9i1.20435","url":null,"abstract":"The aim of this research is to find out and analyze the justice-based review of out-of-wedlock children as a result of the decision of the constitutional court, the implications of the Constitutional Court's decision have provided a new legal breakthrough for the realization of perfecting the legal position of illegitimate children whose regulation. The approach method in this study used a normative juridical approach, the results obtained that The Constitutional Court's decision Number 46/PUU-VIII/2010 has fulfilled the principle of justice, namely the principle of child protection and is an acknowledgment of children's human rights. For children out of wedlock, the Constitutional Court's decision has fulfilled their desire for legal certainty and justice, as well as responding to the subjective sense of injustice that they have felt so far. The decision of the Constitutional Court Number: 46/PUU-VIII/2010 has provided an opportunity for children out of wedlock to be able to obtain law enforcement on the existence of their position as a child due to the marital relationship between their mother and biological father.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42906086","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":"NOTARY AUTHORITY IN MAKING AUTHENTIC DEEDS REGARDING COPYRIGHT","authors":"R. J. Moertiono, Adi Mansar","doi":"10.26532/jph.v9i1.19996","DOIUrl":"https://doi.org/10.26532/jph.v9i1.19996","url":null,"abstract":"The issue of notary authority in the creation of authentic deeds regarding copyright since the authority of DJKI to directly record copyright. However, in the framework of copyright protection, an authentic notary deed is required to give validity to the copyright. The research method used is normative juridical. The results showed that in the Notary Copyright Act is also authorized to make authentic deeds of the copyright field in order to protect copyright works that will then be recorded to DJKI. In the HCAct, notaries have the authority to make authentic deeds of transfer over copyright. Transfer of copyright can be done from the copyright owner to another designated party. However, this transfer does not necessarily get all exclusive rights from the copyright owner. The designated party in the transfer can only get economic rights only. The moral rights to the intellectual property remain owned by the copyright owner. Although in the Act the transfer of copyright is done clearly and in writing either with or without a notary deed, it should be equipped with an authentic deed from a notary. This is based, this transfer of copyright is closely related to the transfer of economic rights, so it takes a deed that has strong legal evidentiary power.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46978982","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":"THE DIGNIFIED JUSTICE PERSPECTIVES ON THE ENIGMA OF HEALTH PROTOCOLS COVID-19 AS A CODE OF ETHICS","authors":"Ermanto Fahamsyah, Fradhana Putra Disantara","doi":"10.26532/jph.v9i1.17413","DOIUrl":"https://doi.org/10.26532/jph.v9i1.17413","url":null,"abstract":"Ethics and law are often related to politics, not least in the Regional Head Election (Pemilukada). However, the implementation of legal and ethical relations in political dynamics is often a matter of debate, not a code of ethics. The purpose of this study is to examine aspects of the relationship between ethics and politics in terms of legal compliance, providing a study of the validity of the COVID-19 Health protocol as a code of ethics at regional head elections from the perspective of dignified justice. This legal research uses primary and secondary legal materials with a conceptual and statutory approach. The results of the study stated that from the point of view of legal compliance, the code of ethics is an element that should be applied in political life; because the code of ethics will encourage the participants of the Pemilukada to have three main characteristics, namely compliance, identification, and internalization. Then, the perspective of dignified justice assesses the position of the COVID-19 health protocol as a code of ethics as valid and relevant to legal practice, the concept of legal reform, and the general idea of the theory of dignified justice.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42371934","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":"PANCASILA ECONOMIC SYSTEM A LEGAL REFORM IN GLOBALIZATION ERA","authors":"Bina Era Dany, Teuku Daudsyah","doi":"10.26532/jph.v9i1.19971","DOIUrl":"https://doi.org/10.26532/jph.v9i1.19971","url":null,"abstract":"Pancasila is the source of all legal sources that form the basis for the implementation of the economic system in Indonesia. The purpose of this study is to find out and analyze the economic legal system based on Pancasila which is the basis of the nation's ideology and the basic norms of the Indonesian nation in the era of globalization. the research method uses a normative juridical approach. The results of the study state that the renewal of economic law in Indonesia must be directed to create people's welfare, by relying on the values of Pancasila as the philosophy and way of life of the nation which becomes the guideline in the implementation of every aspect of the life of the nation, state and society. Pancasila contains the principle of gotong royong, and that is actually the core of the renewal of economic law which places mutual cooperation as a value that must be realized in the formulation of laws and regulations which then become the basis for realizing social welfare. ","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48495105","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":"CONCEPT OF APPRAISAL INSTITUTIONS IN ASSESSING THE VALUATION OF INTANGIBLE ASSETS ON SMALL MEDIUM ENTERPRISES INTELLECTUAL PROPERTY AS OBJECT OF CREDIT GUARANTEE TO IMPROVE COMMUNITY'S CREATIVE ECONOMY","authors":"Anis Mashdurohatun., G. Gunarto, Oktavianto Setyo Nugroho","doi":"10.26532/jph.v8i3.19791","DOIUrl":"https://doi.org/10.26532/jph.v8i3.19791","url":null,"abstract":"This study aims to analyze the factors that affect the effectiveness of Intangible Assets of Intellectual Property of Small and Medium Enterprises as objects of credit guarantees, and the concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of Small and Medium Enterprises as objects of credit guarantees in order to improve the creative economy of the community. The method used in this research is empirical juridical. The data used are primary data and secondary data. Data collection techniques data collection through library research and field studies (through questionnaires, focus group discussions, and interviews). The results of the study found that the five factors that affect the effectiveness of Intangible Assets intellectual property of Small and Medium Enterprises as objects of credit guarantees are legal factors, law enforcement, infrastructure, society and culture. The legal factor that affects is there is no special legal product for public appraisers of IPR Intangible assets. In the practice, IPR intangible assets have not been accepted by all banks as objects of basic guarantees but only as objects of additional guarantees. It is caused by no trust from the bank toward the value of IPR as basic guarantees, there have been no appraisal institutions, and there is not intellectual property rights market yet, that makes IPR is not commonly used by banks and SMEs as IP owners. The concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of small and medium businesses as objects of credit guarantees, in order to improve the creative economy of the community, is necessary to form an appraisal agency through the products of laws and regulations. These regulations, among others, regulate the intangible assets of IPR, the purposes and objectives of the IPR assessment, the requirements to become an IPR appraiser, the function and authority of IPR assessment, the valuation method used, and so on.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49333821","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":"THE COMPARISON OF LEGAL DAMAGES FOR COPYRIGHT & BRAND INFRINGEMENT AMONG INDONESIA-CHINA LAWS","authors":"Heri Gunawan, Joni Emirzon, M. Syaifuddin","doi":"10.26532/jph.v8i3.17482","DOIUrl":"https://doi.org/10.26532/jph.v8i3.17482","url":null,"abstract":"Intellectual Property Rights or what is often abbreviated as HAKI is a legal protection given by a certain country to a person or group of individuals who express their ideas in the form of works. This law is a state territory. This means that a work will only be protected by rights in the country where the work originated to obtain IPR. As stated in the Copyright Laws, Intellectual Property Rights are exclusive rights granted by a regulation to a person or group of people for their copyrighted works. This protected work is in the form of intangible objects such as copyrights, patents, and trademarks and tangible objects in the form of information, technology, literature, art, skills, science, and so on. The idea of compensation law for copyright and trademark infringement in Indonesia, of course, can imitate the copyright law and trademark law of the People's Republic of China in regulating more clearly the calculation of the value of losses for copyright and trademark infringement in order to be able to provide legal certainty for the owner / rights holders whose rights have been violated. The research use normative juridical approach. The purpose of writing is to analyze and explain the calculation of compensation by looking at the criteria, evidence, basis, form and formulation of calculating compensation for copyright and trademark infringement. The results of the study stated that the law for compensation that arises as a result of copyright and trademark infringement according to positive law in Indonesia still does not regulate in detail the calculation of the value of the loss of both copyrights and trademarks. Copyright Act No.28 of 2014 and Trademark Act No.20 of 2016 only gives rights to the right owner/right holder to file a claim for compensation, but the law does not regulate how to determine the value of the loss for a copyright infringement as well as brands.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69454051","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":"THE ROLE OF FORENSIC MEDICINE IN THE CRIMINAL EVIDENCE PROCESS","authors":"S. Trisnadi","doi":"10.26532/jph.v8i3.18957","DOIUrl":"https://doi.org/10.26532/jph.v8i3.18957","url":null,"abstract":"Forensic Medicine has a very important role in disclosing a crime that has occurred, especially for cases that are difficult to solve or require special techniques to disclose. Its also very helpful for law enforcement officers to reveal a criminal act that occurs from the level of investigation to the stage of court against cases related to the human body or soul so as to make light of a criminal act that occurred. In cases related to injuries, health and life of a person caused by a crime, the doctor can explain as an expert witness in the settlement of criminal cases. In this study using a normative juridical method. The results obtained stated that the role of forensics in the examination of the judicial process was intended to determine the presence or absence of persecution, to determine whether or not there was a crime or a violation of decency, to determine the age of a person, to determine the certainty of a baby who died in the womb of a mother and examination at the scene. Cases are usually requested by the authorities, in the event that someone is found dead.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45401218","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":"DISCOURSE ON THE IMPLEMENTATION OF PROGRESSIVE LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION","authors":"Y. Gunawan","doi":"10.26532/jph.v8i3.15473","DOIUrl":"https://doi.org/10.26532/jph.v8i3.15473","url":null,"abstract":"The number of corruption cases in Indonesia that are not appropriately resolved is the cause of the emergence of progressive laws. Public trust in the law began to fade because the applicable law did not determine many problems. The law is not seen as a solution provider, and it becomes a particular problem for law enforcement. This article aims to analyze the concept of recovering state losses due to corruption through the implementation of progressive law. The method used is normative legal research using a qualitative approach. This article concludes that progressive law enforcement to eradicate criminal acts of corruption lies in harmonizing the values contained in society and then realizing those values into reality, where their application is influenced by several factors, including legal substance, legal structure, culture law, professionalism, and leadership. The development of the modus operandi of corruption in hiding assets resulting from corruption encourages the urgency of implementing a progressive law enforcement strategy by implementing 2 (two) strategic steps, namely: a) Taking rule-breaking actions in the form of seizure of the defendant's assets to guarantee payment of state losses; b) The judge gives a contra legem decision in the form of an obligation to pay replacement money without a subsidiary which is preceded by confiscation of the guarantee so that it will close the defendant's room to escape from paying replacement money","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46314399","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}