bluuebunny/crossref_metadata_2025 huggingface dataset:
KAJIAN HUKUM TERHADAP PUTUSAN MAHKAMAH AGUNG ATAS PERKARA NO.825K/PDT.SUS-PHI/2015 TENTANG PEMUTUSAN HUBUNGAN KERJA KARENA ALASAN EFISIENSI
Authors: Putra Andika Pramana , . Rasji
Published: June 2020

At this time layoffs for efficiency reasons are still a polemic because there are two different interpretations caused by the provisions of Article 164 Paragraph (3) of the Manpower Law. This raises problems in Manpower so it needs to be investigated in this paper is whether in case No.825K / Pdt.Sus-PHI / 2015 has been in accordance with the efficiency criteria set by Law Number 13 Year 2003 on Manpower. The research method used in this writing is the method of normative legal research. Based on the results of the analysis that layoffs for efficient reasons is one of the reasons of the many causes of layoffs provided for in Article 164 of the Manpower Act. In the case of No.825K / Pdt.Sus-PHI / 2015, the layoffs made by PT. PG. Gorontalo Unit PG. Tolangohula, to employees of Cindra Husain is not in accordance with the provisions set forth in Article 164 paragraph (3) of the Manpower Act specifically regulating the Amount of Severance Pay as it does not take into account the Wages of Workers during the Court proceedings. This is corroborated by the Supreme Court Judge declining the appeal of the cassation and the company is considered to have committed acts contrary to the Manpower Act.
PENYEBAB TERJADINYA TINDAKAN MAIN HAKIM SENDIRI ATAU EIGENRICHTING YANG MENGAKIBATKAN KEMATIAN (CONTOH KASUS PEMBAKARAN PELAKU PENCURIAN MOTOR DENGAN KEKERASAN DI PONDOK AREN TANGERANG)
Authors: Panjaitan Chandro , Wijaya Firman
Published: June 2020

Cases of vigilante action are committed by a group of persons are not justified in the law. Those are cases which is unlawful, immoral, irresponsible and does not have an attitude that respects the law.Vigilante cases should have been reported to the authorities and the perpetrator should be punished in accordance to the existing law and regulations. There is no apparent regulations regarding the act of vigilante, instead there are some articles in Indonesian’s Criminal Code which can be used against the perpetrators. In this case Article 170 and 351 of Indonesian’s Criminal Code somehow has been used to deal with vigilante cases. It is important to learn what are the factors of the vigilante case in PondokAren, Tangerang which will be the main research in this thesis and also the prevention that should be done in order to avoid the same incident in the future. The research data shows that the factors behind perpetrators being vigilante is based on emotional factors, the lack of trust in the law and situation factor. On the other hand to prevent further case in the future the authorities need to improve their work from several aspects. Thus, creating a positive opinion on public.
ANALISIS PEMUTUSAN HUBUNGAN KERJA AKIBAT ADANYA DEMOSI PADA PEKERJA PT JOHNSON HOME HYGIENE PRODUCTS (STUDI KASUS PUTUSAN MAHKAMAH AGUNG RI NOMOR 566 K/PDT.SUS-PHI/2014)
Authors: . Monica , Atalim Stanislaus
Published: June 2020

Demotion is the decline in the position of the labor/ worker carried out by the company caused by the violation of the rules applicable within the company (indiscipline) which involves the decrease of authority, responsibility, status, facilities, even the salary earned from the company workers. This research is motivated by the implementation of termination of employment done by the company because the worker refuse to be demoted. The demotion made by the company is not caused by errors or violations committed by the worker / labor concerned but because of the restructuring department (the reason for efficiency). This study aims to analyze how the demotion validity that occurs in the worker of the company concerned and how the settlement process of termination of employment. This research was conducted by normative law research method that is by examining primary, secondary, and other non-legal material material supported by interview result. The results of the author shows that the demotion made by the company are not legitimate and not autonomously regulated in the company so that the termination of employment made by the company is an unfounded termination. This scientific study recommends the importance of the autonomous demotion regulation for the protection of workers.
ANALISIS KEKUATAN UNSUR ITIKAD BAIK PADA PELAKSANAAN PENDAFTARAN MEREK DI INDONESIA (Studi Kasus Putusan Mahkamah Agung Nomor 364K/Pdt.Sus-HKI/2014) BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016
Authors: Wijaya Wilson , Kansil Christine S.T.
Published: June 2020

Brand is one part of intellectual property rights. Brand is an identifying mark that distinguishes one's property with another's property. However, there are many parties who have bad faith and want to be a part of other people brand’s fame. So they use the same brand name in order to make the goods produced is well-known. Brand is regulated in law number 20 2016 about brand and Geographical Indication. Therefore we need to register our brand to avoid the parties who have bad faith. The authors want to discuss the issue of the strength of good faith element in the registration of trademarks in the implementation of registration in Indonesia and also the protection for brand holders whose registration are rejected in Indonesia. Author will use normative method and refer to scientific books. The strength of good faith element in registering can be seen in Article 4 of the Trademark and Geographical Indications. For protection, brand holder can register it in advance, if it has been approve, the brand holder can submit claim cancelation that regulated in Article 77 to the Central Jakarta District Court to be reviewed and decided who the trademark is and be prove who has the element of bad faith. It is suggested that the original trademark owner's to register their trademark at brand office Indonesia. For foreign trademark owner, they can also improve their trademark to be a well-known brand.
SANKSI HUKUM BAGI PENGURUS YANG MENGHALANGI PROSES PEMBERESAN KEKAYAAN YAYASAN YANG DIBUBARKAN BERDASARKAN PUTUSAN PENGADILAN (STUDI KASUS PEMBUBARAN YAYASAN BHAKTI SOSIAL SURAKARTA BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR 625 K/Pdt/2012)
Authors: Lewi Jeanet Trifena , Djajaputra Gunawan
Published: June 2020

This study examines the fact that a foundation as a social institution can be dissolved by the causes as regulated by the Foundation Law, as happened to Yayasan Bhakti Sosial Surakarta which was dissolved by the decision of Surakarta District Court No. 141 / Pdt G / 2010 / PN Ska which has been upheld by the decision of the High Court of Semarang No. 233 / Pdt / 2011 / PT Smg and Supreme Court ruling Number 625 K / Pdt / 2012. Problems in this research is that there has been an act of disagreement by the Board of Bhakti Social Foundation of Surakarta against the liquidator in the socialization of the Bhakti Social Foundation of Surakarta. Based on the results of research and discussion it can be concluded that basically the nature of the decision dissolving the Bhakti Social Foundation based on the Supreme Court's decision Number 625 K / Pdt / 2012 is a declarative decision (declaratoir) a verdict that does not require any execution action. Law Number 16 Year 2001 jo. Law Number 28 Year 2004 About the Foundation does not clearly regulate the confiscation of the Foundation's wealth including sanctions to the board of the Foundation that take action against the work of the liquidator.
PERLINDUNGAN KONSUMEN TERHADAP HAK KONSUMEN ATAS KEAMANAN DALAM MENGKONSUMSI BARANG DARI TINDAKAN PENGOPLOSAN BERAS
Authors: Christina Inne , Fahamsyah Ermanto
Published: June 2020

The proceedings of low-quality mixing of rice poses a threat to consumers. Article 4 UUPK states the consumer rights of safety and protection in consuming a product, receiving correct information, honest and true, and enables compensation of the item received is incorrect. Article 7 states the obligation of the company to show good faith in carrying out their responsibility and guarantee the quality of their product, ensuring they meet the standards accordingly. Violations also happen according to Food Regulation. In order to avoid futher violations, the government should supervise the operations of the market trade. Additionally, what kind of legal protection towards the consumers rights regarding the safety of consuming products from the low-quality mixing of rice and what is the role of the government in supervising such kind of distribution? This research will list out the problems addressed by using normative methods. Research data will observe the existing legal prodictions of UUPK and Food Regulation by suggesting sanctions to companies that violate the policies of UUPK and Food Regulation, as well as the supervision of the government as stated in PERMENDAG No. 20 Tahun 2009.
PERLINDUNGAN HAK WARGA NEGARA ATAS LINGKUNGAN HIDUP YANG SEHAT DIKAITKAN DENGAN MANFAAT PENERIMAAN NEGARA DARI PRODUKSI ROKOK
Authors: Samuel Billy , . Rasji
Published: June 2020

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.
KEDUDUKAN HUKUM BITCOIN SEBAGAI MATA UANG VIRTUAL DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2011 TENTANG MATA UANG
Authors: . Clara , Nurbaiti Siti
Published: June 2020

Nowadays people rely on many things in order to do daily activity. As time goes by, global economy has changed and has had significant growth. The form of money has also changed, from only being available in the physical form, such as coins and banknotes, now we have the digital form of money, otherwise known as virtual currency. This paper discusses about the legal status of Bitcoin as virtual currency in Indonesia according to Law Number 7 of 2011 regarding Currency Law. The author examines the problem by using normative legal research methods with descriptive approach. The data was collected from secondary and primary data and is used as supportive research data. The collected data is analysed using qualitative method. The result of this research is the legal status of Bitcoin as virtual currency in Indonesia according to Law Number 7 of 2011 regarding Currency Law has not been regulated yet. Therefore, the government of Indonesia needs to make a specific regulation to regulate Bitcoin in Indonesia.
TANGGUNG JAWAB HUKUM BIRO PERJALANAN UMRAH TERHADAP CALON JAMAAHNYA
Authors: Korayan Jeremi , Djajaputra Gunawan
Published: June 2020

As a legal subject, Umroh organizing agency has the legal responsibility of Umroh congregation, responsibilities relating to the concept of legal obligations. A person is legally responsible for a particular act or that he or she assumes legal liability means that he or she is responsible for a sanction in the event of a conflicting action. From legal aspect, Umroh organizing agency's legal responsibility can be seen from civil, criminal, and administrative aspects. Many of the Umroh organizing agency although it has permission from the government but in its implementation is not in accordance with the provisions set forth in the legislation regulating the implementation of Hajj and Umroh. This can result in losses for pilgrims who use the umroh organizing agency. For example, in practice, many Umroh organizing angency do not give written agreements. The agreement is usually done with a verbal agreement promising. Therefore, when the rights and obligations of the parties is not met, there is no authentic evidence to prosecute and no limits on liability. Actually, a written contract is regulated and stipulated in Article 45 of Law. 13/2008 on Organizing Haj Pilgrimage to Mecca. Thus the form of agreement of appointment of departure between the Umroh organizers agency with prospective pilgrims so that umroh can be known various responsibilities of the umroh organizers agency in case of incompatibility between the agreement with the realization.
PENERAPAN ASAS POLLUTER PAY PRINCIPLE DAN STRICT LIABILITY TERHADAP PELAKU PEMBAKARAN HUTAN
Authors: Darma Malvin Edi , Redi Ahmad
Published: June 2020

The environment is a very important part of human life. Therefore, the destruction of the environment, especially the destruction of forests, must be overcome. One method of doing this is through the enforcement of the environment law. Increasingly, the awareness in the enforcement of environmental law is also growing, as evidenced by the enforcement of environmental law through strict liability and polluter pay principle approach. The principle of Strict liability and polluter pay principle in the enforcement of environmental law in Indonesia is regulated in the provisions of Articles 88 and 87 of Law No. 32 of 2009 on Environmental Protection and Management. However, the problem remains as the application of the principle of strict liability and polluter pay principle has not reached its full effectivity in the enforcement of environmental law in Indonesia. Based on these two principles, the perpetrators of environmental destruction, namely the forest burners, are responsible for losses caused by their deeds. Therefore, this research will discuss the application of strict liability principle and polluter pay principle in enforcing environmental law against forest burning actors.
ANALISIS MENGENAI PERTANGGUNGJAWABAN PENGEMBANG RUMAH SUSUN TERKAIT KETIADAAN SERTIFIKAT LAIK FUNGSI MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN JUNTO UNDANG-UNDANG NOMOR 28 TAHUN 2002 TENTANG BANGUNAN GEDUNG (STUDI KASUS APARTEMEN PARAMA CILANDAK JAKARTA SELATAN)
Authors: Evangelista Octavianna , Tanawijaya Hanafi
Published: June 2020

Building Worthiness Certificate is the certificate given by the Regional Government to those buildings that are completely built and already fulfilled all the requirements such as Technical and Administrative Requirements. Building Worthiness Certificate is the evidence to prove that the building is worth on the function. Building Worthiness Certificate is the government's effort to put the safety aspects on the first priority.Based on the Law of the Republic of Indonesia Number 28 of 2002 concerning Buildings, it says the Building Worthiness Certificate must be owned by the developers, with no exceptions to an apartment as it is stated in the Law of The Republic of Indonesia Number 20 of 2011 concerning apartments.Building Worthiness Certificate will be published if all the parameters of the worthiness has been satisfied such as safety, health, comfort and convenience aspects.In fact, the act of the developer has violated the laws. As a result of that, the building of the apartment was on fire. The purpose of this study is to determine the responsibility of the developer as it is the consequence of violating the laws.
PERLINDUNGAN LUMBA-LUMBA SEBAGAI SATWA LANGKA YANG DILINDUNGI DARI TINDAKAN PENEMPATAN DAN ATRAKSI HIBURAN YANG TIDAK SESUAI
Authors: Fanny Vivian , Redi Ahmad
Published: June 2020

The emerging of entertainment development in Indonesia, increasing number of tourists is one aspect for the world entertainment competition. The increasing insistence and urge in the world of entertainment making the business perform a variety of ways in order to survive and able to compete in the competition. One of the example is the dolphins entertainment, they do a lot of tricks and do interact directly to human. Apart from all the entertainment that we get as the consumer, we do not know how the way dolphins suffer of to do all the orders given for the tricks, to do the direct interaction without injuring humans. All things they went through was a hard painfuly and unpleasant process. As a protected species, the care maintenance and ownership rules should be followed for the sake of the animal welfare. The protection of dolphins entertainment considered as important and should be monitored according the rules to avoid animal abuse.
AKIBAT HUKUM PEMBATALAN PERKAWINAN KARENA WALI NIKAH YANG TIDAK BERHAK TERHADAP KEDUDUKAN ANAK DAN HARTA BERSAMA MENURUT HUKUM ISLAM
Authors: Maulidya Yulianti , Martinelli Imelda
Published: June 2020

Marriage is a physical and spiritual bond between man and woman who become husband and wife creating the happy and eternal family in the name of God Almighty. To conduct a marriage, the prospective groom and bride must meet marriage terms and conditions, or else the marriage itself may be cancelled. The cancellation of marriage is one way of breaking the  bond which requirements and principles are flawed. In the provisions of article 71 letter (e), the Islamic law compilation decrales that the marriage held without an authorized guardian will result on abolishment or be considered never exist. Neverthless, the cancelled marriage does not abolish the parental obligation of the children. The child remains legitimate and they are under their parents responsibility. Meanwhile, in the case of shared assets, in Islamic law, husband and wife can choose to use the method of Ash Sulh (negotiation),‘Urf (customary law), and the last option is Qadha (justice).
AKIBAT HUKUM PENOLAKAN PERMOHONAN ITSBAT NIKAH OLEH PENGADILAN AGAMA TERHADAP PARA PIHAK YANG MELAKUKAN NIKAH SIRI (STUDI KASUS PUTUSAN NOMOR: 1478/Pdt.G/2016/PAJT)
Authors: Nugroho Hafidz , Martinelli Imelda
Published: June 2020

Siri marriage is marriage opposed to the act of mating because it is not registered, usually siri marriage used by the husband to have more than one wife, basically nikah siri do not have the force of law and not guarantee the rights of a wife and child,  for that entreaty itsbat marriage to the religious court to help the parties husband and wife to get marriage certificate, so that it will have the force of law and guarantee the rights of a wife and chil, but the submission of itsbat nikah rejected by religious court by reason of the husband did not ask for permission wife in the past and the court, how did due to the law of renuncation itsbat nikah ?  the author examines these issues with normative juridical analysis. The data were drawn in the ruling writer analyzes that it is has no permit wife in the past and also the court, Resulting in refusal entreaty the itsbat marriage, Its impact is against marital status to be illegitimate in the state,  and the status of a child to be children outside of mating. The government should supervise and socialize about the  siri marriage and Due to everything that can be inflicted
TANGGUNG JAWAB RUMAH SAKIT MITRA KELUARGA KALI DERES ATAS TINDAKAN PENOLAKAN PASIEN YANG BERUJUNG PADA KEMATIAN DITINJAU DARI UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
Authors: Scondery Andre , Fahamsyah Ermanto
Published: June 2020

The hospital is a place where a person receives health services, where the hospital is a place that does not discriminate against a person in providing health services and this has been regulated by the Hospital Law, Health Act and also the Consumer Protection Act. But in reality there are still those who perform service actions by distinguishing the case of a Deborah baby who received a different treatment by the hospital so that the baby Deborah patient died of the treatment given by the hospital. The treatment is in the form of a hospital that does not carry out social functions based on the applicable law so that this action results in death to patients. This is caused because the family of Deborous patients cannot follow the request of the hospital which requires patients to pay the amount set by the house sick so that the hospital does not carry out actions according to social functions. In this case the hospital must be responsible for the actions it has taken.
ALTERNATIF MEDIASI PENAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA
Authors: . Reyner , Tawang Dian Andriawan Daeng
Published: June 2020

In general, penal mediation can be said as a concept that brings together the victims and criminals to discuss their interests and willingness in order to resolve criminal cases that have occurred between them, and are assisted by a mediator who is neutral and help to resolve criminal cases by giving advice and mediating as mediators. The results of the research conducted by normative research and through several literature such as legal books, regulations, and guidelines, show that in fact, reason mediation has been carried out in the community and carried out by several law enforcement officials in the framework of the settlement process criminal. What is done in the midst of Indonesian society is only a peace process that shows customary law as its branch and many are applied within the police in the investigation process to carry out procedures for resolving criminal acts. The importance and need for penal mediation to be applied in formal law that is developing and prevailing in society can be a special rule that is regulated and is part of criminal procedural law for the sake of legal certainty. Penal mediation can be applied at the level of investigation by the police in the process of resolving criminal cases and creating equal welfare and justice in the wide society for sure
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PENANDATANGANAN AKTA JUAL BELI YANG DIDASARI ATAS BLANGKO KOSONG (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1201/K/PDT/2016)
Authors: . Arlene , Tanawijaya Hanafi
Published: June 2020

PPAT or The Land Deed Official is a Public Official who is granted part of the authorities by the State in the implementation of land registration and the making of an authentic deed. The certificate that is made by PPAT must be made based on the deeds of the law by the parties. The authentic certificate can be used as evidence in case of dispute based on the ordinance. According to Article 22 Regulation Number 37 of 1998, the certificate must be read by The Land Deed Official in front of the parties along with two witnesses. However, in this case, The Land Deed Official asked one party to sign on the blank certificate, as a result the certificate wasn’t being read in front of the parties. This deed is accused of maladministration that includes unlawful procedures, abuse of power, malfunction and unfairness or incompetence. The author examines the problem using normative legal research methods which supported by some interviews with the ones who are experts in the field of the land and maladministration. This deed resulted in the existence of legal consequences. The sanctions awarded againts to the Land Deed Official who did this deed contained in Ministerial Decree of Agrarian Affairs and Spatial/Head of National Land Authority Number 1 year of 2006 Article 28 paragraph (1) includes firing from The Land Deed Official membership.
KEWENANGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA DALAM PEMBENTUKAN NORMA BARU (SUATU KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014 JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-XIV/2016)
Authors: . Elisabet , Memi Cut
Published: June 2020

One of the authorities of the Constitutional Court governed by the Constitution of the Republic of Indonesia in 1945 was the examining of laws against the contitution or judicial review. Inside the regulations which governing the implementation of this authority, the Constitutional Court only acts as a negative legislator, namely canceling or reinforcing a norm tested by the Petitioner. But in practice, the Constitutional Court has changed its role to become a positive legislator, who is forming a new legal norm, which is the authority of legislators. The Constitutional Court should not be able to form a new legal norm because there is no legal basis which regulate that. But Constitutional Court can form a new legal norm in some urgent circumstances, relating to Human Rights, and preventing legal vacuum. In addition, the establishment of laws by lawmakers that require a long process and time. This is compelling Constitutional Court to make substitute norm before the law was established by the legislators. In the Decision of the Constitutional Court Number 46/PUU-XVI/2016, the Court actually wants to establish a new legal norm, but because the articles in the petitioned have criminal sanctions, and if the Constitutional Court approves the petition, the Constitutional Court has formulated a new criminal act that can only be formed by the lawmaker. Whereas in the Decision of the Constitutional Court Number 21/PUU-XII/2014, the Constitutional Court established a new norm because in the article a quo there were no criminal sanctions.
PENERAPAN ASAS LEX SPECIALIS DEROGAT LEGI GENERALIS TERHADAP UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM TINDAK PIDANA PERJUDIAN TOGEL SECARA ONLINE STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA UTARA NOMOR 599/PID.B/2018/PN.JKT UTR
Authors: Darmawan Franky Satrio , Tawang Dian Andriawan Daeng
Published: June 2020

Gambling is a crime and can be punished for its actions. However, along with the development of the gambling era it was played with electronic media, namely online gambling. The State of the Republic of Indonesia has overcome gambling crimes with evidence such as the existence of laws contained in criminal law and if carried out online there is an Electronic Information and Transaction law. The research entitled The implementation of principle lex specialis derogat legi generalist concerning information and electronic transaction laws in online lottery gambling crimes Case Study Decision of North Jakarta Districts Courted Number 599 / PID.B / 2018 / PN.Jkt Utr, having a problem statement is why the public prosecutor did not apply the principle of lex specialis derogat legi generalist in the online lottery gambling crime Case Study of the Decision of the North Jakarta District Court Number 599 / PID.B / 2018 / PN.Jkt Utr. The purposed paper for the law enforcement officials to appllied the principled of Lex Specialise Derogat Legi Generalits in the case of prosecution of court decisions.
PERLINDUNGAN TERHADAP KONSUMEN YANG TIDAK MENDAPATKAN SERTIFIKAT HAK MILIK SATUAN RUMAH SUSUN
Authors: Fauzi Galih Husain , Fahamsyah Ermanto
Published: June 2020

Indonesia is one of the countries that has large population. Development of public housing is tended in order that every family can occupy a public housing that is proper in healthful, secure, harmonious, and uniformed environment. The proper public house is a house construction that is fulfill safety regulation in its construction, suffice the minimum construction area, and give health for public house occupant. Realize of the statements, is needed for developing a construction public housing that can be occupied together in a public house building,that is devided in some parts separately, on vertical ar horizontal for every occupation. There is a lot of participants that is involved in developing a public house building, that is the developer as a participant for developing a public house building, owner, and the occupant as an organizer. The public house building certificate will be proven with a freehold public house building certificate for every occupant that is already fulfill the regulations as an owner in the public house building. Researcher has taken one of the case studies about the restraining of a freehold of public house building, with purpose of the case study is knowing a consumer protection legally toward the participant developer that is restraing a freehold public house building. Researcher solved this case study using the normative method that is supported an interview with related parties. Based on the research will be knowing that the regulation of a freehold public house building certificate does not applied clearly on the sanction of participant developer that is restraining a freehold public house building certificate on the time that is determined.
ANALISIS PENETAPAN PENGADILAN TERHADAP ANAK PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA (STUDI KASUS: PENETAPAN PENGADILAN NEGERI SURABAYA DAN 2 (DUA) PUTUSAN PENGADILAN NEGERI JAKARTA BARAT)
Authors: Natania Lie , Rahmawati Mety
Published: June 2020

Children are the future of  mankind, our nation and country. Based on this strategic position, the state and the law must provide special protection for children. However, in finding themselves,in some occasions children can stumble and make mistakes, which unfortunately can be in the form of run-ins with the law. Act Number 11 of Year 2012 regarding the Criminal Justice System for Juvenile presented the concept of diversion, which is an approach to resolve juvenile cases in order to achieve restorative justice. Diversion is the of process diverting child cases out of the usual system of criminal justice. However, diversion cannot be used to resolve all and every child cases. In a case of drug abuse, as seen in the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, diversion is attempted to resolve the case. But in two similar cases, namely in the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt, diversion was not attempted resolve the children in those cases and as stated on the verdict, those children were convicted. Why is there a difference in the resolution of the court against children who committed drug abuse between the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and the Verdict of West Jakarta District Court Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt?
PENERAPAN ASAS ERGA OMNES DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 30/PUU-XVI/2018 DIKAITKAN DENGAN ASAS NEGATIVE LEGISLATOR
Authors: Hakim Muchamad Lutfi , . Rasji
Published: June 2020

The problem began because there was an Application to Judicial Review Article 182 Letter l specifically in the phrase "other work" Law Number 7 of 2017. The applicant requested the Constitutional Court to interpret the phrase "other work". The request was finally granted by the Constitutional Court which interpreted the phrase "other work" in Article 182 letter l of the Act to also serve as a Political Party Functionary. For the Decision, there are Parties who disagree, finally the KPU Regulation Number 26 Year 2018 which accommodates the MK Decision so that candidates for DPD members resign from Political Parties to the Administrative Court and MA. The problem is that the Decision of the Administrative Court and Supreme Court is different from the Constitutional Court Decision, both decisions allow political party functionaries to register as candidates for the DPD. In solving these problems the author uses the Normative Legal Research Method, the author's conclusion is that the principle of the Erga Omnes and the principle of the Negative legislator attached to the Constitutional Court Decision is not effective. While the author's suggestion is that there is a need for a revision of the Constitutional Court Law by adding sanctions to institutions or communities that do not follow the MK Decision.
PERLINDUNGAN HUKUM KONSUMEN PENGGUNA PRODUK MASKER SHISEIDO YANG MENGGUNAKAN BAHASA ASING (STUDI TERHADAP KEMASAN SHISEIDO DALAM BAHASA JEPANG DI WILAYAH TANGERANG)
Authors: Yarti Rini , Anggraini A.M Tri
Published: June 2020

An imported product to be traded into the territory of Indonesia must include an Indonesian language label in accordance with established regulations, the regulation is regulated in Article 2 paragraph (1) of the Minister of Trade Regulation of the Republic of Indonesia Number 73 / M-DAG / PER / 9/2015 concerning Label Inclusion In Indonesian in Goods. Every product introduced to consumers must be accompanied by correct information. This information is needed so that consumers do not have a wrong picture of the product. This information can be submitted in various ways, one of which is by including an Indonesian translation label on the foreign language label listed on the product packaging. Information on product packaging labels is very necessary for the community so that each individual can correctly determine the choice before buying and consuming the product. In fact there are still many producers who are not responsible for selling cosmetic products that do not meet the requirements. Cosmetic products that do not meet these requirements can be found easily in malls, in traditional markets, or through the internet. The role of the state in this case the government is needed to protect consumers from the circulation of products that do not meet the requirements. So legal protection for consumers is needed to increase awareness of the rights as consumers.
PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA ASING (TKA) AKIBAT PEMUTUSAN HUBUNGAN KERJA (PHK) SECARA SEPIHAK OLEH PERUSAHAAN MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 1285/PDT.SUS-PHI/2015/PN.JKT.PST Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 133 K/PDT.SUS-PHI/2017 Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 165 PK/PDT.SUS-PHI/2018)
Authors: Hendry Hillary , Atalim Stanislaus
Published: June 2020

Termination of employment is one of the last attempts carried out by the company if no agreement is reached between the parties. However, all efforts must be made in advance so that Termination of Employment does not occur, as stated in Article 151 paragraph (1) of Law No. 13 of 2003 concerning Manpower. The subject matter of this case can be seen from the results of the Judicial Review with Decision Number 165 P / Pdt.Sus-PHI / 2018, stating that the Defendant has unilaterally terminated the Work Relationship and is obliged to pay compensation to the Plaintiff in the form of wages until the IMTA end. Even though according to Article 62 of Law No. 13 of 2003 concerning Labor states that if one party terminates a work relationship before the time expires, the party ending the employment relationship is obliged to pay the worker or labor wage until the expiration of the term of the work agreement. In addition to that, the other main issue is the supervision of the Ministry of Manpower on the use of Foreign Workers (TKA) related to this case. The type of research used is the normative research method.
ANALISIS TERHADAP KEBIJAKAN DEMOSI PADA PEKERJA PT. MEGAH MITRA SUKSES (STUDI KASUS PUTUSAN NOMOR 146/PDT.SUS-PHI/2016/PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR 257K/PDT.SUS-PHI/2017)
Authors: Melati Kesuma , Atalim Stanislaus
Published: June 2020

Demotion occurs in a company mainly because of its negative influence on the morale of the workers concerned and can affect the achievement and morale of other workers in the company. Decline in the position of authority, facilities, status and even salary is a punishment for workers. Demosi is not given its arrangement in Law number 13 of 2003 concerning Manpower and other laws and regulations related to employment. Thus, this demotion arrangement can be regulated individually in work agreements, company regulations or collective labor agreements.The company does have the right to move workers in other parts but may not violate Human Rights and violate the provisions of Article 32 paragraph 2 of the Manpower Act which stipulates that placing someone who is not because of his expertise is against the law. Workforce placement must also pay attention to expertise, dignity and human rights and legal protection. The problem examined is how legal protection for workers due to demotion policy at PT. Magnificent Success Partner? And Is the legal consideration of the judge in the decision Number 146/Pdt.Sus-PHI/ 2016/PN.JKT.PST Jo Decision of the Supreme Court Number 257K/Pdt.Sus-PHI/2017 in accordance with the Manpower Act?Demotion will continue to occur if there are no strict rules regarding demotion, the government should make a regulation in the Labor Law regarding demotion, so that the rules regarding demotion become clear and do not harm the workers.
ANALISIS DASAR PERTIMBANGAN HAKIM DALAM PENGAJUAN TUNTUTAN KEKURANGAN PEMBAYARAN UPAH MINIMUM PEKERJA (STUDI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 195/Pdt.Sus-PHI/2016/PN.Bdg JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 885K/Pdt.Sus-PHI/2017)
Authors: Angelica Sandra , Yurikosari Andari
Published: June 2020

The demand for the minimum payment of the minimum wage has an expiration date, which is 2 years. The expiration date has been revoked with the Decision of the Constitutional Court Number 100/PUU-X/2012. In the Decision of the Industrial Relations Court Number 195/Pdt.Sus-PHI/2016/PN.Bdg juncto Decision of the Supreme Court Number 885K/Pdt.Sus-PHI/2017, the judge refused to grant the claim the minimum wage payment. Based on the verdict, what will be discussed in this paper are how the judges basis for filing a claim lacks payment of workers' minimum wages and how the legal consequences from the judge's consideration in filing a claim lack the minimum wage payment in the Industrial Relations Court Decision Number 195/Pdt.Sus-PHI/2016/PN.Bdg juncto Decision of the Supreme Court Number 885K/Pdt.Sus-PHI/2017. The research method used is normative legal research. Based on the research that has been done, the judge mistakenly interpreted the enactment of the Constitutional Court Decision Number 100/PUU-X/2012 so the judge refused to grant the claim for the lack of minimum wage payments submitted by the plaintiffs. The judge's judgment stated that the Constitutional Court Decision Number 100/PUU-X/2012 did not apply retroactively so that the normative rights expiration provisions last took effect on September 18, 2013. Even though the claim should have been partially granted by the judge because the employer proved to pay workers' wages under the minimum wage provisions applicable, namely for payment of wages in 2013. In addition, the plaintiffs also submitted the claim after the issuance of the Constitutional Court Decision Number 100/PUU-X/2012.
PELAKSANAAN PERJANJIAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR:2683 K/Pdt./2016)
Authors: Renata Sherry , Tanawijaya Hanafi
Published: June 2020

The agreement as described in Article 1313 KUHPer is, an act of mutual adherence to one or more persons. The most common agreement in society is one of the accounts payable receivables. Receivable debt agreements orally are made solely by the words of the parties. The purpose of this writing is to find out how the settlement of the implementation of the loan receivables agreement contains elements of default. This research is a normative legal research. Type of data used is secondary data in the form of primary legal materials, secondary law materials, and non-law material. Technique of collecting data used is study of literature, instrument of research instrument is the decision of Supreme Court of Republic of Indonesia No: 2683 K / Pdt.2016. The verdict on the case of default, ie between Soekotjo as Plaintiff and Melyani as Defendant. Claimed suicide on the ground has made a default on the verbal debt receivable agreement. Melyani denied the amount of the loan sued by Soekotjo because it was considered inappropriate. However, the judge decides that Melyani performs torture. Oral agreements have the power of law, as long as they are proved to have been made by the parties and have been in compliance with the legitimate terms of the agreement set forth in Article 1320 of the Civil Code.
Perlindungan Hukum Bagi Perempuan Korban Kekerasan Nonfisik Dalam Rumah Tangga Menurut UU No. 23 Tahun 2004 di DKI Jakarta
Authors: Juliani Wenny , Wibowo Aji
Published: June 2020

The Act Num. 23/2004 about the Abolition of Domestic Violence regulates about the provision of protection and restoration for victims, which are the must given to fullfil the victims’ right, and also the criminal sanctions for perpetrators. According to the Act, this kind of violence divided into four categories, There are physical abuse, psychic abuse, sexual abuse and household neglection. By taking some data about violence against women in Jakarta, the problems formulation for this journal are: What the form of legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta; and how the implementation of the legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta. The method that used to write this journal is normative legal research, which is supported by some interviews with parties who do work in the field of fulfilling women's welfare and rights. In the act Num. 23/2004 there are two types of protection, they’re temporary protection and protection based on court stipulations. On the implementation, from the very first time that the protection given until the recovery, each process involves professionals in their respective fields. It is important, so that the victim can get the immidiate and right treatment. However, the implementation of the provision of protection and restoration to the victims still faces various obstacles, both in terms of substance, structure, and culture of the community.
ANALISIS EKSISTENSI TANAH AYAHAN DESA ADAT DIBALI DI TINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR-DASAR POKOK AGRARIA (STUDI KASUS: DESA TUSAN, KECAMATAN BANJARANGKAN, KABUPATEN KLUNGKUNG, BALI)
Authors: Regina Regina , Tanawijaya Hanafi
Published: June 2020

In Indonesia there are still customary rights, customary rights are the oldest rights of customary law communities whose existence is recognized in Article 3 of Law Number 5/1960 as long as the reality still exists and does not conflict with national interests. one of the objects of customary rights is customary land. The existence of customary community's customary land is spread throughout Indonesia, including Bali. Bali is still very strong in customs and culture so that it has many customary law communities who have customary land in each region in Bali. one of them is AYDS land which is located in the Tusan village area, banjarangkan sub-district, klungkung regency, bali. is land that cannot be bought and cannot be certified because it is land with the community in Tusan Village. but someone named I Ketut Sotong said that he had a certificate of ownership of the land which at the time the land was occupied by Ni Wayan Rosih who was a resident of Tusan village. therefore this research uses a type of normative legal research methods with a legal approach. This research will examine further the existence of customary land namely AYDS in terms of law number 5 of 1960.
KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA
Authors: Pridol Jhon , Wijaya Firman
Published: June 2020

Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.
PERLINDUNGAN KONSUMEN PENGGUNA JASA KEUANGAN NON BANK DALAM PERJANJIAN PEMBIAYAAN (CONTOH KASUS: PERUSAHAAN PEMBIAYAAN PT ADIRA FINANCE VS KONSUMEN)
Authors: Shelyn Maria Natasya , Anggraini A.M. Tri
Published: June 2020

At present, consumers can easily have a vehicle with various waivers such as loans with 0% interest, free administration fees, installments with a small down payment and so forth. However, this causes problems, especially when consumers cant continue installment payments which lead to the forced withdrawal of collateral. The problem that the writer raises is how is the responsibility of non-bank financial service business actors in the example of a financing agreement in PT Adira Finance, what is the form of legal protection for consumers of non-bank financial service users if there’s a loss? What legal remedies can consumers of non-bank financial service users do if there’s a loss? The author examines cases with normative research methods. The data obtained by the author is that the finance company may not withdraw collateral without a confiscation letter and  the third party who seized the collateral must not be arbitrary, must first obtain a certificate from the Professional Certification Institute. Consumers, as stated in the financing agreement of PT Adira Finance, can only settle disputes either by deliberation and consensus or if they are not able to successfully settle in a district court in the creditor's office area or outside the court through the Alternative Dispute Settlement Institution (LAPS) that has been established by OJK. According to the UUPK, the responsibility that can be given by business actors to the detriment of consumers in this case is compensation for money / goods / services worth the price
ANALISIS MENGENAI KEKUATAN HUKUM RISALAH RAPAT TERKAIT DENGAN PERJANJIAN OTENTIK DAN GUGATAN WANPRESTASI
Authors: Piekarsa Juan Antonius , Atalim Stanislaus
Published: June 2020

An agreement is an event where a person promises to another person or where two people promise to do something. In an agreement, there are several legal aspects that become a condition for the agreement to be valid before the law. if one party does not implement one of the aspects of the agreement then that is known as a default. Breach of contract in a limited liability company that makes a contract with another limited liability company still has the possibility to be resolved in a minutes of meeting as in the event between PT Somit Trikonad and PT Timah Tbk. in this case we can see the force in effect of the minutes of the meeting in the agreement made by a limited liability company. Apart from the minutes of the meeting, it can also be seen that the valid force of the authentic deed in an agreement and the impact of the negligence of one party to the contract made.