POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)最新文献

LEGAL PROTECTION AGAINST THE CASE OF PT. MOTTOLEDO AS A VIOLATOR OF FEN LIE PATENT RIGHTS 针对 Pt.莫托莱多侵犯芬利专利权案的法律保护

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-07-25 DOI: 10.55047/polri.v2i3.718

Putu Reza Aditya Tirandika, Made Gde Subha Karma Resen

{"title":"LEGAL PROTECTION AGAINST THE CASE OF PT. MOTTOLEDO AS A VIOLATOR OF FEN LIE PATENT RIGHTS","authors":"Putu Reza Aditya Tirandika, Made Gde Subha Karma Resen","doi":"10.55047/polri.v2i3.718","DOIUrl":"https://doi.org/10.55047/polri.v2i3.718","url":null,"abstract":"Intellectual property rights (IPR) pertain to property rights derived from human intellectual capabilities, encompassing various forms of talent displayed in technology, science, art, and literature. Adequate legal protection is essential for intellectual works to nurture societal creativity and ensure successful safeguarding of intellectual property rights. This study aims to assess the legal protection of intellectual property rights against PT Mottoledo Fen Lie Agen as a patent infringer. This study employs a normative legal study approach, focusing on the positive legal norms governing the protection of intellectual property rights against PT Mottoledo Fen Lie Agent's patent infringement. The study identifies the substantive requirements for patentability of an invention, namely: novelty, inventive steps, and industrial applicability, as specified in Articles 2-5 of the Patent Law. Concerning copyrighted books and similar works, the protection system discussed earlier adopts an automatic approach. This means that creators do not need to undergo a registration process to obtain legal protection; protection automatically exists from the moment the copyrighted work is created as a tangible expression, such as a copyrighted book, etc.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"66 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139355003","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

IMPLEMENTATION OF THE SEVERANCE PAYMENT AGREEMENT FOR EMPLOYEES OF PT. GADING BHAKTI 关于 PT.GADING BHAKTI 公司员工遣散费协议的实施情况GADING BHAKTI

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-07-25 DOI: 10.55047/polri.v2i3.663

Eka Aria Mawar, Dara Quthni Effida

{"title":"IMPLEMENTATION OF THE SEVERANCE PAYMENT AGREEMENT FOR EMPLOYEES OF PT. GADING BHAKTI","authors":"Eka Aria Mawar, Dara Quthni Effida","doi":"10.55047/polri.v2i3.663","DOIUrl":"https://doi.org/10.55047/polri.v2i3.663","url":null,"abstract":"PT. Gading Bhakti, a private company and subsidiary of PT. Mapoli Raya, operates in the palm oil plantation and processing industry. In 2021, PT. Mopli Raya, its parent company, was declared bankrupt under Decree Number 17/pdt-SUS-PKPU/2020/PN.Niaga Medan and Law No. 13 of 2003, Employment Article 95 paragraph 4, mandating debt settlement as a priority for bankrupt companies. Despite this, PT. Gading Bhakti failed to fulfill debt payments to 25 retired employees, resulting in the non-payment of their post-employment benefits. The research aims to investigate the implementation of the severance payment agreement by PT. Gading Bhakti and the company's measures to meet its obligations toward employee severance. The research methodology employed was the empirical juridical method, observing ongoing events and directly examining PT. Gading Bhakti's implementation of the severance payment agreement. Furthermore, the study explores the company's attempts to fulfill the severance payment for its employees. Regrettably, the implementation of the agreement resulted in a breach of contract, with severance payments not being duly honored. Various efforts were made, including rescheduling the agreement and submitting severance payment documents. On the other hand, the employees sought resolution through verbal warnings, mediation, media involvement, and seeking assistance from relevant authorities concerning the unclear situation of severance payments for PT. Mapoli Raya's ex-employees (PT. Gading Bhakti being its subsidiary). In conclusion, the study highlights the challenges faced by retired employees in receiving their post-employment benefits and the need for PT. Gading Bhakti to effectively fulfill its obligations regarding severance payments.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139355466","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 CRIMINALIZATION OF COVERING MUSIC SONGS WITHOUT PERMISSION: EXPLORING THE LEGAL IMPLICATIONS, PIRACY, TAX LAWS, AND ACTS OF CORRUPTION 未经许可翻唱音乐歌曲的刑事定罪：探讨法律影响、盗版、税法和腐败行为

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-07-21 DOI: 10.55047/polri.v2i3.621

Edi Ribut Harwanto

{"title":"THE CRIMINALIZATION OF COVERING MUSIC SONGS WITHOUT PERMISSION: EXPLORING THE LEGAL IMPLICATIONS, PIRACY, TAX LAWS, AND ACTS OF CORRUPTION","authors":"Edi Ribut Harwanto","doi":"10.55047/polri.v2i3.621","DOIUrl":"https://doi.org/10.55047/polri.v2i3.621","url":null,"abstract":"Enforcement of criminal law within the Copyright Act alone is insufficient to effectively address acts of piracy, duplication, cover songs, distribution, and management of copyrighted music and songs. Offenders without a license/permit are subject to both criminal and civil sanctions. The Criminal Law No. 28 of 2014 on Copyright also imposes criminal sanctions for pirates, cover songs, and music rearrangement without permission from copyright holders or related rights. This study identifies two main issues. Firstly, there is a weak implementation of criminal sanctions in copyright law, particularly concerning juridical aspects in the formulation of criminal law provisions (penal policy). Secondly, there is a need for understanding among copyright holders, related rights, and offenders to operationalize law enforcement by employing other relevant laws outside copyright law. The use of criminal acts of corruption and taxation can be an effective effort to protect the law and ensure legal certainty. To address these issues, this research employs a socio-legal approach, which combines doctrinal studies with social studies. This integration is based on the belief that the rule of law cannot operate in isolation when dealing with copyright piracy of songs and music in Indonesia. The post-positivism paradigm underpins this study, acknowledging the reality based on experience while maintaining the researcher's objectivity towards the subject. Empirical verification, hypothesis testing, and maintaining a clear distinction between the researcher and the object under study are emphasized throughout this research.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139356867","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

OPTIMIZATION OF ROAD SAFETY PARTNERSHIP ACTION (RSPA) IN HANDLING TRAFFIC PROBLEMS IN THE JURISDICTION OF THE TANJUNG PRIOK PORT POLICE STATION 道路安全伙伴关系行动（RSPA）在处理丹戎不碌港派出所辖区内交通问题中的优化作用

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-07-04 DOI: 10.55047/polri.v2i3.683

Yunita Natallia Rungkat, Chairul Muriman Setyabudi

{"title":"OPTIMIZATION OF ROAD SAFETY PARTNERSHIP ACTION (RSPA) IN HANDLING TRAFFIC PROBLEMS IN THE JURISDICTION OF THE TANJUNG PRIOK PORT POLICE STATION","authors":"Yunita Natallia Rungkat, Chairul Muriman Setyabudi","doi":"10.55047/polri.v2i3.683","DOIUrl":"https://doi.org/10.55047/polri.v2i3.683","url":null,"abstract":"The Tanjung Priok Port in Indonesia faces challenges in traffic management and road safety. To address these issues, the Tanjung Priok Port Police Traffic Unit has implemented Road Safety Partnership Action (RSPA) activities. This study aims to determine the implementation of Road Safety Partnership Action (RSPA) activities carried out by the Tanjung Priok Port Police Traffic Unit in handling traffic problems in the Tanjung Priok Port area. The study incorporates various theories, including Rosen's cooperation theory, Terry's management theory (including planning, organizing, implementing, and supervising), Dr. E Mulyana's competency theory, and problem-solving theory. A qualitative approach with descriptive analysis was employed. The findings revealed suboptimal implementation of the RSPA activities by the Tanjung Priok Port Police Traffic Unit in addressing traffic and road transportation issues. Furthermore, the competence of the Satlantas Polres Pelabuhan Tanjung Priok personnel in executing the RSPA activities was also deemed suboptimal. The active system and methodology employed in the RSPA activities have not been fully maximized. Therefore, optimization measures are required, including strengthening coordination and communication capabilities, empowering budget support and improving facilities and infrastructure in RSPA activities, enhancing the enforcement of traffic violations and management of traffic accidents, fostering personnel quality in executing the RSPA activities, implementing traffic engineering measures in anticipation of increased port activities related to transportation, encouraging community participation, and utilizing advancements in information technology, particularly in traffic engineering within the Tanjung Priok Port area.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363088","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

BENEFICIAL OWNERSHIP: TRANSPARENCY AS AN EFFORT TO PREVENT AND ERADICATE MONEY LAUNDERING AND ITS IMPACT ON INVESTMENT MARKETS 受益所有权:透明度是防止和消除洗钱及其对投资市场影响的一项努力

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-06-06 DOI: 10.55047/polri.v2i3.642

Jacqueline Anastasia Sihombing

{"title":"BENEFICIAL OWNERSHIP: TRANSPARENCY AS AN EFFORT TO PREVENT AND ERADICATE MONEY LAUNDERING AND ITS IMPACT ON INVESTMENT MARKETS","authors":"Jacqueline Anastasia Sihombing","doi":"10.55047/polri.v2i3.642","DOIUrl":"https://doi.org/10.55047/polri.v2i3.642","url":null,"abstract":"Transparency plays a crucial role in the prevention and eradication of money laundering, a significant threat to financial system stability and economic integrity. This study aims to analyze the significance of beneficial ownership in achieving transparency, particularly in the context of preventing and eliminating money laundering. It explores the impact of transparency on the investment market and identifies necessary efforts and policies to enhance transparency. Transparency is a critical factor for investors in making informed decisions and reducing risks within the investment market. Using the normative juridical method, this study reveals that disclosing information about beneficial owners has a positive effect on preventing and combating money laundering crimes. Improved transparency enables more effective identification of risks and violations, leading to appropriate preventive measures. Furthermore, greater transparency positively influences the investment market, as investors tend to trust and feel motivated to invest in an environment where information about ownership and asset utilization is readily accessible. This fosters investor confidence, strengthens market integrity, and promotes economic growth. Effective transparency necessitates collaboration among authorities, financial institutions, and participants in the investment market. Implementing clear and robust regulations is crucial, alongside fostering corporate awareness and fostering a strong commitment to transparency.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127872200","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 INTERNATIONAL LAW IN PREVENTING AND ADDRESSING HUMAN TRAFFICKING FROM THE PERSPECTIVE OF THE RIGHT TO PRIVACY UNDER ICCPR 从《公民权利和政治权利国际公约》规定的隐私权角度看国际法在预防和处理人口贩运方面的作用

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-05-26 DOI: 10.55047/polri.v2i3.620

Ida Bagus Mahendra Praditama, Ida Bagus Erwin Ranawijaya

{"title":"THE ROLE OF INTERNATIONAL LAW IN PREVENTING AND ADDRESSING HUMAN TRAFFICKING FROM THE PERSPECTIVE OF THE RIGHT TO PRIVACY UNDER ICCPR","authors":"Ida Bagus Mahendra Praditama, Ida Bagus Erwin Ranawijaya","doi":"10.55047/polri.v2i3.620","DOIUrl":"https://doi.org/10.55047/polri.v2i3.620","url":null,"abstract":"This research aims to explore the regulations and principles of human rights and the role of International Law in preventing and addressing trafficking in persons, with a specific focus on the Right to Privacy outlined in the International Covenant on Civil and Political Rights (ICCPR). Furthermore, the study seeks to analyze the contribution of International Law to combat trafficking in persons from an ICCPR perspective. The act of trafficking violates various principles of international human rights, including the Right to Privacy as stipulated in Article 17 of the ICCPR. However, Article 17 also acknowledges that the right to privacy may be limited in cases of public interest or to safeguard the rights of others. The challenge lies in determining appropriate limitations on the right to privacy in specific situations, leading to norm vagueness. This research adopts a normative legal research method, incorporating a statutory approach relevant to the legal domain under examination, as well as conceptual and analytical approaches. The findings revealed that effective international cooperation is crucial in combating human trafficking. Nations must ensure that their domestic laws align with international legal standards for prevention and intervention in human trafficking. Adoption and implementation of pertinent international instruments such as the Palermo Protocol, an adjunct to the UN Convention against Transnational Organized Crime, and the Protocol on Combating Trafficking in Persons are recommended for this purpose.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122530824","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

LEGAL PROTECTION OF PATENT RIGHTS AS FIDUCIARY GUARANTEES IN BANKING CREDIT 专利权作为银行信用担保的法律保护

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-02-09 DOI: 10.55047/polri.v2i1.549

I. G. S. Winata, I. Purwanto

引用次数: 0

HOW TO ENFORCE CRIMINAL LAW AGAINST NARCOTICS ABUSE OF NEW TYPES OF VARIANTS THAT HAVE NOT BEEN INCLUDED IN LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS 如何执行刑法，禁止滥用2009年第35号关于麻醉品的法律中未包括的新变种的麻醉品

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-01-20 DOI: 10.55047/polri.v2i1.531

Lukas Pardamean E. Marbun, Hedwig, Mohamad Ismed

{"title":"HOW TO ENFORCE CRIMINAL LAW AGAINST NARCOTICS ABUSE OF NEW TYPES OF VARIANTS THAT HAVE NOT BEEN INCLUDED IN LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS","authors":"Lukas Pardamean E. Marbun, Hedwig, Mohamad Ismed","doi":"10.55047/polri.v2i1.531","DOIUrl":"https://doi.org/10.55047/polri.v2i1.531","url":null,"abstract":"Today, many different narcotics, psychotropics, and other illegal drugs emerged. These new variants are not/have not been regulated by law number 35 of 2009 concerning narcotics. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that in order to implement the provisions of Article 6 paragraph (3) of the Narcotics Law, it is necessary to stipulate a Regulation of the Minister of Health concerning Changes in the Classification of Narcotics, which is the last position where this research was written. Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics. Law Number 35 of 2009 concerning Narcotics and Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics which are guidelines for law enforcement against drug abuse with new variants in Indonesia are still deemed ineffective and efficient and do not accommodate all needs -the need for law enforcement against narcotics abuse, especially narcotics with new types of variants. An alternative policy formulation to Law Number 35 of 2009 concerning Narcotics, the formulation policy that is deemed suitable for implementation in the future is to revise Law Number 35 of 2009 concerning Narcotics in particular to expand the meaning related to narcotics in the provisions of Article 1 number 1 and/or Article 6 paragraph (1).","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125922152","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

LEGAL RESPONSIBILITY FOR THE ROLE OF ONLINE TRANSPORTATION COURIER SERVICES IN DRUG TRAFFICKING 网络运输快递服务在毒品走私中的作用的法律责任

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-01-20 DOI: 10.55047/polri.v2i1.530

Ricardho Siahaan, R. L. Sinaulan, Mohamad Ismed

{"title":"LEGAL RESPONSIBILITY FOR THE ROLE OF ONLINE TRANSPORTATION COURIER SERVICES IN DRUG TRAFFICKING","authors":"Ricardho Siahaan, R. L. Sinaulan, Mohamad Ismed","doi":"10.55047/polri.v2i1.530","DOIUrl":"https://doi.org/10.55047/polri.v2i1.530","url":null,"abstract":"In this modern period, drug trafficking in Indonesia has adopted a new mode of operation, with drug traffickers utilizing online transportation courier services to facilitate drug delivery to their destination, in an effort to avoid and/or reduce the risk of legal proceedings. The purpose of this research is to analyze and determine the existence of law enforcement problems in handling the role of online transportation courier services that help drug trafficking. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that with regard to law enforcement and accountability, each construction of the Intermediary Articles contained in Law Number 35 of 2009 concerning Narcotics relating to acts committed by couriers does not all fulfill the offense elements of each article. Based on Article 132 when couriers are unable to prove good faith as an online driver, such as not having the authority to inspect goods to be sent, courier service companies do not or have not supported goods scanning facilities, so they can enter into a conspiracy offense. However, even though the actions carried out by online couriers have fulfilled the formulation offense, they are not necessarily accountable. For the sake of creating a sense of justice for society, it is necessary to add new norms to the provisions of Article 114 paragraph (1) of the Narcotics Law and Article 114 paragraph (2) of the Narcotics Law.","PeriodicalId":434803,"journal":{"name":"POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127781336","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

LEGAL IMPLICATIONS ON THE ISSUANCE OF GOVERNMENT REGULATION NO. 36 OF 2021 ON THE WORKER WAGE SYSTEM IN INDONESIA 对发出第1号政府规例的法律影响。关于印尼工人工资制度的2021年第36号决议

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Pub Date : 2023-01-17 DOI: 10.55047/polri.v2i1.525

B. Christoper, Kadek Agus Sudiarawan

引用次数: 0