Living Law: Jurnal Ilmiah最新文献

PENYELUNDUPAN HUKUM INVESTASI ASING LANGSUNG DI INDONESIA 走私外国直接投资法律在印尼

Living Law: Jurnal Ilmiah Pub Date : 2023-07-31 DOI: 10.30997/jill.v15i02.9712

Siti Maryam, Andri Brawijaya

引用次数: 0

OPTIMALISASI PENGELOLAAN PENYERTAAN MODAL DAERAH PADA BUMD PERSERODA PERTAMBANGAN DAN PERBANKAN 充分利用区域资本对BUMD PERSERODA矿业和银行的包容管理

Living Law: Jurnal Ilmiah Pub Date : 2023-07-31 DOI: 10.30997/jill.v15i02.9741

None Endang Sumpena, None Achmad Jaka Santos Adiwijaya, None Ujang Bahar

{"title":"OPTIMALISASI PENGELOLAAN PENYERTAAN MODAL DAERAH PADA BUMD PERSERODA PERTAMBANGAN DAN PERBANKAN","authors":"None Endang Sumpena, None Achmad Jaka Santos Adiwijaya, None Ujang Bahar","doi":"10.30997/jill.v15i02.9741","DOIUrl":"https://doi.org/10.30997/jill.v15i02.9741","url":null,"abstract":"This study aims to determine and analyze the management of Regional Equity Participation (PMD) in Regional Owned Enterprises (PERSERODA) as well as the regulation of supervision of the management of Regional Capital Participation (PMD) in Regional Owned Enterprises (PERSERODA). This research uses a juridical-normative approach that uses a literature study, but as long as it is necessary, interviews (interviews) can be carried out to complete the library research. From the results of the study, it can be seen that the management of PMD in Regional-Owned Enterprises (BUMD) refers to the provisions of the legislation. PMD in managing regional assets through contracts or cooperation with third parties is a regional asset that is not separated and is an unproductive asset or its utilization can still be improved. Meanwhile, the institution authorized to supervise Perseroda engaged in the financial sector is the Financial Services Authority (OJK), while for mining and tourism Perseroda until now there is no external supervisory agency and the supervision carried out is not running as it should, or in other words it has not run optimally.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358312","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

EKSISTENSI MASYARAKAT HUKUM ADAT SAKAI TERHADAP TANAH ULAYAT YANG TERDAPAT PADA KAWASAN HUTAN TANAM INDUSTRI 酒井原住民法律的存在，反对在丛林种植工业中发现的草本土壤

Living Law: Jurnal Ilmiah Pub Date : 2023-07-31 DOI: 10.30997/jill.v15i02.6038

Annisa Faradina Annisa Faradina, None Andi Suriyaman M. Pide, None Sri Susyanti Nur

{"title":"EKSISTENSI MASYARAKAT HUKUM ADAT SAKAI TERHADAP TANAH ULAYAT YANG TERDAPAT PADA KAWASAN HUTAN TANAM INDUSTRI","authors":"Annisa Faradina Annisa Faradina, None Andi Suriyaman M. Pide, None Sri Susyanti Nur","doi":"10.30997/jill.v15i02.6038","DOIUrl":"https://doi.org/10.30997/jill.v15i02.6038","url":null,"abstract":"The existence of the indigenous people of the Sakai Tribe has met the requirements to be recognized as stipulated in Article 67 paragraph (1) of Law no. 41 of 1999 concerning Forestry, namely that the community is still in the form of an association (rechsgemeenschap), there are institutions in the form of customary rulers, there is a clear customary law area, there are legal institutions and instruments, especially customary courts, which are still adhered to and still collect forest products. in the surrounding forest area to meet the needs of daily life. Confirmation of the existence and elimination of customary law communities based on Article 67 paragraph (2) is stipulated by a Regional Regulation. However, until now there is no local regulation that regulates the existence of the indigenous peoples of the Sakai Tribe, thus creating legal uncertainty. Settlement of land boundary disputes between customary law communities and PT. Arara Abadi was resolved through litigation, in this case through the Bengkalis District Court as stated in the decision number 89/Pid.B/LH/2020/PN.Bls. In addition, dispute resolution outside the non-litigation legal route (mediation) has also been carried out in resolving border disputes between the Sakai Tribe customary law community and PT. Eternal Arra. Dispute resolution is carried out by deliberation by involving the inner group with PT. Arara is Eternal and there is usually peace Keywords: Existence, Sakai Tribe, Industrial Planting Forest.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358313","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

PENERAPAN SANKSI TINDAK PIDANA KONSUMEN DALAM KASUS KEJAHATAN BISNIS 对商业犯罪的惩罚措施

Living Law: Jurnal Ilmiah Pub Date : 2023-07-31 DOI: 10.30997/jill.v15i02.9742

Jacobus jopie Gilalo

{"title":"PENERAPAN SANKSI TINDAK PIDANA KONSUMEN DALAM KASUS KEJAHATAN BISNIS","authors":"Jacobus jopie Gilalo","doi":"10.30997/jill.v15i02.9742","DOIUrl":"https://doi.org/10.30997/jill.v15i02.9742","url":null,"abstract":"This writing is based on the author's legal opinion at the request of Police investigators from a complaint by someone who was harmed by buying materials. The mode in which a person buys materials through an application available on a digital network. With regard to consumer protection, investigators who handle consumer crime need to ask for understanding from expert testimony to ensure that sanctions are applied in accordance with the provisions of the Act Number 8 Year 1999 about of Consumer Protection. By tracing the author using a normative juridical approach to obtain criminal sanction norms in the application of business crime cases that impact on consumer losses. The data collection technique is based on the documents provided to the author and supported by literature research sources. Fulfillment of the elements of consumer crime in the criminal provisions of the act consumer protection, must be proven losses suffered by consumers by business actors, so that investigators can proceed to the investigation level. The application of consumer criminal sanctions, investigators can qualify them for the actions of business actors who violate the law, namely applying the criminal provisions of the Act Trade and the Act Standardization and Conformity Assessment.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357878","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

PENANGANAN TERSANGKA KELOMPOK SEPARATIS DALAM MEWUJUDKAN PERLINDUNGAN HAK ASASI MANUSIA BERDASARKAN PRINSIP KEADILAN (STUDI KASUS PENUGASAN DAERAH PAPUA) 基于正义原则处理可疑的分离主义团体对人权保护的处理(巴布亚地区情况研究)

Living Law: Jurnal Ilmiah Pub Date : 2023-07-31 DOI: 10.30997/jill.v15i02.9537

None Zulfikar, Muhamad Aminulloh, None Mulyadi

引用次数: 0

ANALISIS HUKUM TERHADAP HAK EKONOMI PENCIPTA KARYA MUSIK DAN LAGU YANG DI COVER VERSION PADA PLATFORM DIGITAL 对数字平台上最新版本的音乐和歌曲创作者的经济权利的法律分析

Living Law: Jurnal Ilmiah Pub Date : 2023-07-31 DOI: 10.30997/jill.v15i02.9551

Adi Juardi, None Martin Roestamy, None Nurwati

{"title":"ANALISIS HUKUM TERHADAP HAK EKONOMI PENCIPTA KARYA MUSIK DAN LAGU YANG DI COVER VERSION PADA PLATFORM DIGITAL","authors":"Adi Juardi, None Martin Roestamy, None Nurwati","doi":"10.30997/jill.v15i02.9551","DOIUrl":"https://doi.org/10.30997/jill.v15i02.9551","url":null,"abstract":"The most basic problem is that there is no regulation regarding royalty rates for performance rights on digital platforms, while the royalty rates used so far depend on each platform to the CMO. Many cover version musicians commercialize their work without the permission of the original creator, resulting in copyright infringement. The research used is empirical juridical using legislation and interview approaches. The conclusion is that due to the large potential for copyright infringement on the cover version, it must first obtain permission from the creator, Article 9 (2). Departing from the theory of development, the Copyright Law and Government Regulation Number 56 of 2021 must be able to follow existing developments. There needs to be clear rules regarding royalty rates on digital platforms, as of this writing, there are no statutory regulations or their derivatives that regulate it. About sharing royalties for copyright creators for music and songs included in digital platforms. If you look at the Utilitarianism theory carried out by WAMI's CMO for music royalties and songwriters on digital platforms, then the distribution of royalties is part of the legal goal of this theory, which is to provide benefits and happiness to as many people as possible.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357885","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

SISTEM TANGGUNG RENTENG DALAM PEMBERIAN KREDIT MODAL USAHA PNM MEKAAR PNM MEKAAR贷款业务的责任制度

Living Law: Jurnal Ilmiah Pub Date : 2023-07-31 DOI: 10.30997/jill.v15i2.8732

None Nadila Annisa, None Adlin Budhiawan

引用次数: 0

PERLINDUNGAN HUKUM BAGI RAKYAT PENGGUNA TEMPAT USAHA DI PASAR TRADISIONAL DALAM RANGKA MENDAPATKAN SUMBER DANA 为了获得资金，保护农民在传统市场上营业的合法权利

Living Law: Jurnal Ilmiah Pub Date : 2023-01-31 DOI: 10.30997/jill.v15i1.7932

Ilman Khairi

{"title":"PERLINDUNGAN HUKUM BAGI RAKYAT PENGGUNA TEMPAT USAHA DI PASAR TRADISIONAL DALAM RANGKA MENDAPATKAN SUMBER DANA","authors":"Ilman Khairi","doi":"10.30997/jill.v15i1.7932","DOIUrl":"https://doi.org/10.30997/jill.v15i1.7932","url":null,"abstract":"Certificate of Right to Use a Business Place (SHPTU) is proof of ownership of a right to use a business place (stall) in a market owned by market traders. SHPTU has a fairly high economic value. Therefore it is expected that SHPTU can be used as collateral for credit. SHPTU have something in common elements by leasing as in article 1548 of the Civil Code. This study aims to examine how legal protection for users of business premises in traditional markets can be applied and implemented for the ownership of business premises. The research method used in this study is normative juridical research method by adding empirical elements, with qualitative data analysis. Exploring and analyzing data in the form of documents complemented by factual data in the field so that appropriate conclusions can be drawn. The research findings show that SHPTU is not a material right, but considering that SHPTU has economic value and can be transferred. SHPTU of this valuable stall allows it to be used as collateral for credit by referring to the methods contained in Articles 48-49 concerning the Law on Flats by issuing Certificates of Ownership of Buildings and Buildings (SKBG), where the issuance of certificates is the same between Regional Governments in this case Public Works and Housing Services. SKBG is a way out for proof of stall ownership, because the value is very expensive, legal certainty is needed regarding material rights. Keywords: SHPTU; Legal Protection; UMKM.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440706","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

ANALISIS PENGATURAN KEAMANAN DATA PRIBADI DI INDONESIA 分析印尼的个人数据安全设置

Living Law: Jurnal Ilmiah Pub Date : 2023-01-31 DOI: 10.30997/jill.v15i1.4726

Mirnayanti Mirna, None Judhariksawan, None Maskum

{"title":"ANALISIS PENGATURAN KEAMANAN DATA PRIBADI DI INDONESIA","authors":"Mirnayanti Mirna, None Judhariksawan, None Maskum","doi":"10.30997/jill.v15i1.4726","DOIUrl":"https://doi.org/10.30997/jill.v15i1.4726","url":null,"abstract":"This study aims to analyze the regulatory invitation regarding the protection of personal data and the urgency of the bill Personal Data Protection in Indonesia. The type of research used by the author is the type of legal research normative approach to the method of legislation, approach case, and conceptual. The legal materials used consist of: primary law, namely related laws and regulations, as well as material secondary law, namely book literature, legal journals, articles and bills PDP. The entire legal material is analyzed qualitatively and presented descriptively. The results of the study answered that: 1) arrangements regarding security Personal data in positive law in Indonesia is spread across various fields sectoral laws and regulations covering 32 regulations scattered in the Human Rights Act, sector telecommunications and informatics, public service sector, sector health, population and archives sector, banking sector, finance, and taxation, trade and industrial sectors as a form of protection of personal data and public privacy. cause there is no harmonization at the normative level as well as the absence of stronger legal certainty for the community because there is no law that specifically regulates related personal data protection. 2) The legal politics of the formation of the PDP Bill from In terms of the formation process, it has been proposed since 2014. As of January 24, 2020, the PDP Bill has been signed by President Joko Widodo and will then be discussed in the DPR. PDP Bill This will be proposed in the DPR's priority national legislation program for the period 2019-2024. In terms of substance related to legal protection arrangements In the PDP Bill, it contains provisions related to the rights owned by the community for the data.  Key Words: Security, Personal Data, Positive Law, PDP Bill.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440704","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

ANALISIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR : 329/PID.B/2021/PN.TJK) 暴力盗窃罪惩罚性分析(裁决编号:329/PID.B/2021/ TJK)

Living Law: Jurnal Ilmiah Pub Date : 2023-01-31 DOI: 10.30997/jill.v15i1.4874

Zulfi Diane Zaini, M Rifky Hendrian Rifky

{"title":"ANALISIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR : 329/PID.B/2021/PN.TJK)","authors":"Zulfi Diane Zaini, M Rifky Hendrian Rifky","doi":"10.30997/jill.v15i1.4874","DOIUrl":"https://doi.org/10.30997/jill.v15i1.4874","url":null,"abstract":"The crime of theft with violence is different from ordinary theft, criminal acts of theft with violence such as vandalism, beatings, beatings and others, the threat of punishment is heavier than ordinary theft. The problem in this research is what are the factors that cause the crime of theft with violence? Criminal liability of perpetrators of theft with violence in Decision Number: 329/Pid.B/2021/PN.Tjk? Judge's consideration in the decision of the criminal act of theft with violence in the decision Number: 329/Pid.B/2021/PN.Tjk?. Research method The method used in the preparation of this journal is a normative legal approach and an empirical approach. Based on research on the causative factors are economic factors, malicious intent, the environment, the negligence of the victim. the accountability of the perpetrators is very little and does not provide a deterrent effect to the perpetrators of crimes, so that cases like this can arise again. The judge's consideration by considering the aggravating and mitigating actors in the judicial process. Keywords: Criminal Sanctions; Theft; Violent","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440707","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