International journal of law and politics studies最新文献_第4页

Legal Protection for the Public against the Circulation of Counterfeit Goods 防止假冒商品流通的法律保护

International journal of law and politics studies Pub Date : 2023-02-11 DOI: 10.32996/ijlps.2023.5.1.19

Edo Damara Yudha, Budi Santoso, Joko Setiono

{"title":"Legal Protection for the Public against the Circulation of Counterfeit Goods","authors":"Edo Damara Yudha, Budi Santoso, Joko Setiono","doi":"10.32996/ijlps.2023.5.1.19","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.19","url":null,"abstract":"The purpose of this study is to analyze the legal protection for the community against the circulation of counterfeit goods. The research used a normative juridical method. The results showed that; 1) legal protection against the circulation of counterfeit goods can be carried out based on criminal, civil and administrative law. Trademark infringement in the form of brand counterfeiting is further regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In more detail, the act violates the Criminal Provisions of Article 100, Article 101 and Article 102. While the use of a trademark is without rights, it can be sued based on an act of violating the law in accordance with Article 1365 of the Civil Code. Administratively, it can be reviewed based on related laws, for example, in online transactions referring to Law Number 11 of 2008 concerning Electronic Information and Transactions. 2) Obstacles in legal protection against counterfeit goods dealers are a) Violation of counterfeiting goods constitutes a complaint offense so that it requires an active role from the brand owner, b) limited information to the public (consumers) on the existence of a trademark registration application. c) Difficulties of trademark rights holders to find the perpetrators of trademark infringement. d) The existence of a lawsuit from the owner of the brand rights will worsen the reputation of the product, e) Awareness of the law and legal culture of the community.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136007210","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 and Authority of Komnas Ham in Handling, Violation and Protection of Human Rights Komnas Ham在处理、侵犯和保护人权中的作用和权威

International journal of law and politics studies Pub Date : 2023-02-10 DOI: 10.32996/ijlps.2023.5.1.16

Eko Susanto, Budi Santoso, Joko Setiyono

{"title":"The Role and Authority of Komnas Ham in Handling, Violation and Protection of Human Rights","authors":"Eko Susanto, Budi Santoso, Joko Setiyono","doi":"10.32996/ijlps.2023.5.1.16","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.16","url":null,"abstract":"This study aims to analyze the implementation of Komnas HAM's authority in resolving cases of human rights violations associated with the rule of law. To describe law enforcement efforts to resolve cases of human rights violations in the future to provide legal certainty. The polemic of resolving past gross human rights violations continues to be delayed. The regime in power since the reformation has not been able to solve it because of technical juridical problems and has a special nuance, making it difficult to hold a human rights court for perpetrators in a fair and impartial manner. This research uses a normative juridical research method using written data in statutory regulations (library research) using books, journals and articles as sources. The results of this study first show that Law No. 39 of 1999 concerning Human Rights, Komnas HAM, was given 4 powers, namely: investigation, counseling, mediation and assessment. In terms of the authority to investigate, Komnas HAM is given full authority by the Human Rights Act, but this is still lacking if Komnas HAM is not given the authority to investigate at once because after conducting an investigation of human rights violations, usually, these cases will disappear without news and clarity. While the authority in mediation and counseling is appropriate as a form of prevention so that human rights violations do not occur, in carrying out its duties, Komnas HAM should not be intervened by anyone considering its position as an independent state institution.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"5104 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136096868","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 Protection of Biological Resources and Its Ecosystems in Indonesia 印度尼西亚生物资源及其生态系统的法律保护

International journal of law and politics studies Pub Date : 2023-02-09 DOI: 10.32996/ijlps.2023.5.1.10

Albert Riyadi, None Sunardi, Joko Setiono

{"title":"Legal Protection of Biological Resources and Its Ecosystems in Indonesia","authors":"Albert Riyadi, None Sunardi, Joko Setiono","doi":"10.32996/ijlps.2023.5.1.10","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.10","url":null,"abstract":"This study aims to analyze the implementation of the conservation of Biological Natural Resources and their ecosystems in Indonesia and what are the inhibiting and supporting factors in the implementation of Conservation of Biological Natural Resources and their ecosystems in Indonesia. Biological natural resources are one of the most important elements in an ecosystem. The elements of living natural resources and their ecosystems are interdependent with each other, so their use also affects each other causing damage and the extinction of one of them will result in the disruption of the ecosystem. Therefore, it is necessary to have conservation as the management of living natural resources that is carried out regularly. The research uses a normative juridical approach (socio-legal research) as the basis for describing ideas. The result of this research is that efforts to use it sustainably in conservation are often forgotten. In addition, conservation within the framework of decentralization has led to disharmony in relations between the central government, provincial governments, and district/city governments. As a result, the welfare of the community around the area or within the conservation area is decreasing. Efforts that should be made in the context of overcoming law enforcement on the conservation of living natural resources and their ecosystems in Indonesia cannot be carried out only with penal (criminal) policies but must be carried out through integral efforts between penal and non-penal policies (without criminal). Crimes or criminal acts occur because of social conditions that are conducive factors for the occurrence of crime, therefore non-penal measures that can be taken are eliminating conducive factors that cause criminal acts in the field of conservation of living natural resources and their ecosystems.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136171424","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

Juridical Review of the Principles of Police Coercion in Justice-Based Law Enforcement 司法执法中警察强制原则的司法评析

International journal of law and politics studies Pub Date : 2023-02-09 DOI: 10.32996/ijlps.2023.5.1.13

Halin Aziz Firmansyah, Afif Mahmud, Joko Setiono

{"title":"Juridical Review of the Principles of Police Coercion in Justice-Based Law Enforcement","authors":"Halin Aziz Firmansyah, Afif Mahmud, Joko Setiono","doi":"10.32996/ijlps.2023.5.1.13","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.13","url":null,"abstract":"This study aims to analyze the juridical review of the principle of police coercion in justice-based law enforcement. The research used is normative juridical Approach. The results of the study show that forced effort comes from the Dutch language \"Discretionair\", which means wisdom in deciding an action based on provisions of regulations, laws or applicable laws but on the basis of wisdom, consideration or justice. Coercive measures involve decision-making that is not strictly legally bound, in which personal judgment also plays a role. A forced effort is the freedom to choose various steps of action (Caurses of action or inaction). Forced efforts are one of the investigative activities carried out by POLRI investigators, as in Article 15 of the Regulation of the Head of the National Police of the Republic of Indonesia Number 14 of 2012, namely that investigative activities are carried out in stages, including; a) Investigation; b) Delivery of Notification Letter of Commencement of Investigation (SPDP); c) Forced efforts; d) examination; e) Case title; f) Settlement of case files; g) Submission of case files to the public prosecutor; h) Delivery of suspects and coals; i) Termination of investigation.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136171848","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 Reconstruction of Loan; Consumer Protection Perspective 贷款的法律重构;保护消费者观点

International journal of law and politics studies Pub Date : 2023-02-09 DOI: 10.32996/ijlps.2023.5.1.11

Aris Dwi Cahyanto, None Sunardi, Joko Setiyono

{"title":"Legal Reconstruction of Loan; Consumer Protection Perspective","authors":"Aris Dwi Cahyanto, None Sunardi, Joko Setiyono","doi":"10.32996/ijlps.2023.5.1.11","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.11","url":null,"abstract":"This study aims to analyze the legal reconstruction of bad credit settlements from the perspective of consumer protection. The problem described above is that the debtor is unable to fulfill his obligation to repay the debt as a customer in the credit agreement, which results in bad credit problems. The research method used in this research is empirical juridical law research. The results of the research on the implementation of credit granted by the debtor are not all the fault of the debtor alone, but there are also external causes that cause bad credit so that the debtor is unable to fulfill his obligations to repay his debt to the creditor, causing the occurrence of what is called bad credit. Considering that collateral is an element of guarantee for granting credit, if based on other elements, it can be obtained confidence in the ability of the debtor to develop his debt, the collateral can only be in the form of goods, projects or collection rights financed with the credit in question. Credit provided by banks to debtor customers is based on trust and must be done carefully because loans always contain risks; there are also problems of default (a state of unpaid debt and a state of stopping paying), not carrying out obligations, violating time limits or not carry out the provisions contained in the credit agreement if this happens the bank will experience a loss.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136171447","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

Corruption as a Violation of Human Rights, Economic, Social and Cultural Human Rights Perspective 腐败是对人权的侵犯:经济、社会和文化人权视角

International journal of law and politics studies Pub Date : 2023-02-09 DOI: 10.32996/ijlps.2023.5.1.14

Hady Poerwanto, Joko Setiyono, None Sunardi

{"title":"Corruption as a Violation of Human Rights, Economic, Social and Cultural Human Rights Perspective","authors":"Hady Poerwanto, Joko Setiyono, None Sunardi","doi":"10.32996/ijlps.2023.5.1.14","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.14","url":null,"abstract":"This study aims to analyze corruption as a violation of economic, social and cultural rights from a human rights perspective. The crime of corruption has been categorized as an extraordinary crime because corruption is not only detrimental to the state's finances but has also been a violation of the social and economic rights of the community. The research technique in this paper is a normative juridical type, and the research approach used is the statute approach. Based on this, it can be seen that there is a link between corruption and human rights violations, namely the basic social and economic rights of the community. The results of the study indicate that there is a relationship between corruption and human rights violations. Corruption is categorized as a violation of human rights if the consequences of corruption intersect with human rights that are harmed, so human rights violations caused by acts of corruption crimes should be taken into consideration by judges in their decisions because judges' considerations must be comprehensive in order to realize an ideal decision, namely a decision that reflects the values of justice, certainty, and legal expediency.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136171850","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

Juridical Review of Penal Policy in Handling Narcotics in Indonesia 印尼处理毒品刑事政策的司法审查

International journal of law and politics studies Pub Date : 2023-02-09 DOI: 10.32996/ijlps.2023.5.1.15

Ibnu Bagus, Joko Setiono, None Sunardi

引用次数: 0

Policies and Formulations of Legal Protection for Children against Violations of Children's Rights 儿童权利不受侵犯的法律保护政策与制定

International journal of law and politics studies Pub Date : 2023-02-09 DOI: 10.32996/ijlps.2023.5.1.12

Brimastya Paramadanys, None Sularto, Joko Setiono

{"title":"Policies and Formulations of Legal Protection for Children against Violations of Children's Rights","authors":"Brimastya Paramadanys, None Sularto, Joko Setiono","doi":"10.32996/ijlps.2023.5.1.12","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.12","url":null,"abstract":"This study aims to analyze the policies and formulations of criminal law in tackling street children who commit crimes. The lack of realization of the state's responsibility for neglected children is due to the fact that the government system has not been running properly, and there is no strong desire from the government to take care of neglected children. The research uses a normative juridical approach (socio-legal research) as the basis for describing ideas. The results of this study are the obstacles that occur in the protection of the rights of Indonesian children, especially against street children who commit criminal acts, including: The implementation of law enforcement itself; this concerns the ability of law enforcement officers, supporting facilities and infrastructure, government programs have not been fully able to realize effectively considering the level of the economic capacity of most Indonesian people is still low, lack of public knowledge, especially parents about children's rights, lack of understanding and related agencies and the community about the provisions of the International Convention on the Rights of the Child, Coordination between social and government organizations as well as between organizations relatively less social and cross-sectoral and international cooperation is not well established.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136171444","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