scholarly journals Legal Service Unit and Teacher Protection as A Mediation Forum for Penal Violence in the World of Education

2021 ◽  
Vol 8 (11) ◽  
pp. 370-377
Author(s):  
Yenny Aman Serah
Keyword(s):  
Police Officers ◽  
Research Method ◽  
Legal Protection ◽  
Government Agencies ◽  
Legal Service ◽  
West Kalimantan ◽  
Service Unit ◽  
Teacher Organizations ◽  
The World ◽  
Violence In Education

This study offers a development of a model of fair teacher protection, with a focus on research conducted in West Kalimantan, particularly in Pontianak City and Ketapang District. The offer of a just teacher protection model is based on the empirical facts that there is still violence in the world of education and/or the criminalization of teachers that is still happening. Although various laws and regulations have been regulated to provide legal protection for teachers, the mechanism for implementing legal protection for teachers has not yet been formulated, so the reality is that when problems occur in the world of education and/or criminalization of teachers, they are resolved in various ways, either through government agencies, teacher organizations, schools or police officers, and there are even mutual opinions on social media. Through the socio-juridical research method through interviews and discussions, it was found that the effort to provide legal protection for teachers is important to be regulated through regional policies related to the formation of the Legal Service Unit and Teacher Protection or Unit Pelayanan Hukum dan Perlindungan Guru (UPHPG) which can become a coordinating institution and a forum for solving legal problems for teachers. The focus of this article describes how the UPHPG is intended to be a mediation platform for penal mediation in resolving violence in education and/or criminalizing teachers.

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals Problematika Hukum dan Alternatif Penyelesaiannya Bagi Konsumen Pengguna Jasa Aplikasi Gojek dan Grabcar sebagai Angkutan Berbasis On Line

2019 ◽  
Vol 4 (2) ◽  
pp. 91
Author(s):  
Dwi Handayani ◽  
Muhammad Ilyas
Keyword(s):  
Life Insurance ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Issues ◽  
Legal Action ◽  
Transportation Services ◽  
Application Service ◽  
The World ◽  
On Line

Various legal issues that have surfaced to date cannot be separated from the development of information technology that has mastered the world map. People as consumers really need fast and cheap transportation services to transport people or goods to meet their daily needs. The presence of the Gojek and GrabCar application services is one of the solutions needed by the community at this time, but there is no legal umbrella that regulates people’s transportation services for motorbikes or motorbikes and the transportation of people or passengers to Gocar or Grabcar in private cars, causing various legal issues in its application. Legal issues that arise, are forms of legal protection for consumer users and dispute resolution due to default by one of the parties. The research method is empirical research by processing primary and secondary data, which are then analyzed qualitatively. Conclusions on the results of the discussion: a form of legal protection for consumers and drivers in the form of compensation or assistance in the amount of five to 10 million rupiahs for guaranteed protection for hospital fees and in the event of accidents and life insurance guarantees from AXA Group. The procedure for resolving a default by a Gojek-GrabCar application provider as a result of private law or civil relations is that the application service user as a party to the agreement can choose to take legal action (litigation) or peace/mediation/conciliation (non-litigation).

scholarly journals On the Legal Protection of Those Who People Owe Their Life and Health To. Review of a Scientific Monograph by A.A. Ponkina and I.V. Ponkin Doctors’ Rights (3rd edition, enlarged, Moscow: GEOTAR, 2020)

2021 ◽  
Vol 5 ◽  
pp. 79-81
Author(s):  
Aleksandr S. Dugenets ◽  
Keyword(s):  
Police Officers ◽  
Legal Protection ◽  
Hockey Players ◽  
The World

The reviewed edition is associated with the world pandemic period, an extremely difficult period in doctors’ lives, when everyone has realized that the true heroes are not football or hockey players or showmen, but doctors, teachers, volunteers, police officers.

scholarly journals LEGAL PROTECTION IN RESTITUTION TO THE VICTIMS OF HUMAN TRAFFICKING

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
GIOFANNI DIAN NOVIKA
Keyword(s):  
Human Trafficking ◽  
Social Factors ◽  
Research Method ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
The World

The modus operandi offered by traffickers makes victims often deceived by these enticements. This phenomenon is caused by various social factors such as poverty. Reality like this is what makes them easily trapped in the world of slavery. The research method used in this paper is normative juridical research, using the statutory approach and the conceptual approach. Research shows an increase in cases of human trafficking is a serious problem that requires a quick reaction in handling. Legal protection for victims can be specifically protected by restitution or compensation given to the victim or family by the perpetrator.

scholarly journals Kebijakan Pencegahan Tindak Pidana Terorisme Melalui Kontra Radikalisasi di Kabupaten Jember

2020 ◽  
Vol 9 (1) ◽  
pp. 1-18
Author(s):  
Dian Eko Timuriyono
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Legal Protection ◽  
Government Agencies ◽  
Criminal Prosecution ◽  
Regional Government ◽  
Conceptual Approach ◽  
The People

In addition to overcoming efforts is one of the tasks of the police, the prevention of radicalism must also have an element of support from the regional government in Jember Regency through its criminal law policy. Both of the above must be synchronized institutions so that efforts to tackle radicalism can be implemented properly. This research method uses a normative research method through the statutory approach and conceptual approach. The first result of this research is that there is an ease that is obtained in carrying out efforts to overcome the understanding of radicalism, namely by means of or counter-radicalization methods carried out by the police and supported by all government agencies in Jember Regency and the layers of society. Secondly, in practice between the counter-radicalization processes, the community still expects a process of arrest up to the stage of criminal prosecution of perpetrators of terrorism as a manifestation of a legal protection for the people of Jember Regency and its surroundings.

scholarly journals Perlindungan Hukum Pekerja yang Terkena Pemutusan Hubungan Kerja di Masa Pandemi Covid-19

2021 ◽  
Vol 21 (3) ◽  
pp. 1112
Author(s):  
Nazifah Nazifah ◽  
Syarifa Mahila
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
Job Creation ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Legal Method ◽  
Force Majeure ◽  
Unilateral Termination ◽  
The World ◽  
Materials Used

The Covid-19 pandemic that has hit all countries in the world,including Indonesia, has had a negative impact on Indonesia’s economic growth. The negative impact of this pandemic is that many companies cannot operate properly so that many company suffer losses and not a few are forced to close their companies which  in the end has an impacts on umilateral termination of employment in many companies. The purpose of this study is to analyze the legal protection for workers who experience termination of employment unilaterally during this pandemic, in terms of the perspective of the Manpower Act. The research method used in this research is normative legal method by prioritizing a statutory approach, conceptual approach, and the legal materials used are all laws and regulations related to this research, especially the Manpower Act.Terminations of employment by many companies has a negative impact on workers. Moreover, Article 151Paragraph 1 of Law Number 13 Year 2013 concerning Manpower has emphasized that employers, workers. The Goverment must make every effort to prevent termination of employment, but in Law Number 11 Year 2020 about Job Creation Article 154 Paragraph (1) letter d states that the termination of employment can be carried out in a condition where the company is closed due to force majeure, and this covid-19 pandemic used as a reason for the company’s force majeure to unilaterally lay off workers.  The results of the research are expected to provide legal protection for workers affected by the covid-19 pandemic in the form of unilateral termination of employment.

scholarly journals Penegakan Hukum Terhadap Tindak Pidana Penyelundupan Penyu sebagai Satwa Terlindungi di Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 384-390
Author(s):  
I Komang Arya Sentana Mahendra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
International Agreement ◽  
Conceptual Approach ◽  
Turtle Species ◽  
Criminal Sanctions ◽  
The World ◽  
Administrative Sanctions ◽  
Research Show

Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.

scholarly journals THE PRINCIPLE’S RULE OF NO PAR VALUE SHARES OF TRADING IN STOCK

2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Nur Sayidah ◽  
Ida Keriahenta Silalahi
Keyword(s):  
Capital Market ◽  
Research Method ◽  
Legal Protection ◽  
Company Law ◽  
Market Regulation ◽  
Legal Certainty ◽  
Normative Approach ◽  
The World ◽  
Global Nature ◽  
Capital Market Regulation

Regulation of no par value shares in Indonesia is necessary because the stock market can not apply article 31 paragraph (2) of the Company Law number 40, 2007 because there is no further adjustment. This condition are known with the legal vacuum. The purpose of this article is to find the model of no par value shares regulation in Indonesia Capital Market. Further regulation of no par value shares is needed to fulfill this legal vacuum.  Research method in this artikel is using normative approach.  The results show that regulation of no par value share must fulfill four principles. There are (a) the principle of workable (b) the principle of global nature (compatible for domestic exchange rules  and the world exchange rules), (c) the principle of legal certainty in justice (d) the principle of legal protection. Keywords: capital market, regulation, principle.

scholarly journals PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DALAM KEPAILITAN (ANALISIS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR: 20/PAILIT/2011/PN.NIAGA.SBY)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Wayan Wesna Astara
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
The Other ◽  
Equal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The World ◽  
Insolvency Proceedings ◽  
Debt Payment

The insolvent Debtor (PT Dwimas Andalan Bali) filed for insolvency by the Creditors (PT. Karsa Industama Mandiri) did not use his rights to submit a Delay for Debt Payment Obligations (DDPO) due to creditors have been in default and there has been an allegation of fraud in the insolvency proceedings becomes a phenomenon in the world of tourism business in Indonesia. In fact that the Debtor filed for insolvency has executed reconciliation with the other creditors, however there was no reconciliation with PT. Karsa Industama Mandiri. Therefore, the debtor has lost his opportunity to prevent insolvency through the Agency of Delay for Debt Payment Obligations (DDPO). Thus, the problems of this thesis are: what are the efforts of DDPO in insolvency mechanism? And how is the legal protection for debtor in insolvency proceedings. This research applied normative legal research method with the historical approach, legislative approach, and conceptual approach. Furthermore, the source of primary legal materials and secondary legal materials were analyzed through the measures of description, interpretation, systematization, evaluation and argumentation. The results of the research showed that the debtor (PT Dwimas Andalan Bali) as the Respondent of Insolvency has filed rebuttal that the Applicant of Insolvency has committed defaults by applying the doctrine of excptio non adimpleti cordractus and the Applicant of Insolvency (PT Industama Karsa Mandiri) was alleged of committing frauds and forgery. Therefore the insolvent debtor who should filed for insolvency to DDPO did not execute it, instead he executed reconciliation with the other creditors unless the Applicant of Insolvency. In this case, the DDPO Agency was not meaningful to the debtor and the Debtor of Insolvency reported the Applicant of Insolvency to the Regional Police of Bali. Related to the legal protection of debtor under the Law of Insolvency and DDPO No. 37 of 2004, there has been no principle reflected to provide equal protection for all relevant parties concerned against one's or company's insolvency

scholarly journals Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016)

2020 ◽  
Vol 1 (2) ◽  
pp. 28-32
Author(s):  
Arianto Hulu ◽  
A.A. Laksmi Sagung Dewi Ni ◽  
Made Sukaryati Karma
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
The World ◽  
Alternative Means ◽  
The Republic

Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.

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