scholarly journals The Standard Concept of the Advocate Profession in Implementing Professional Advocate

2021 ◽  
Vol 8 (1) ◽  
pp. 134
Author(s):  
Danggur Feliks ◽  
Muhadar Muhadar ◽  
Otto Yudianto
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Point Of View ◽  
Equal Treatment ◽  
Legal Certainty ◽  
Legal Reason ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Right ◽  
Standard Concept

The law stipulates what should or should be done and what is prohibited. The principle of a rule of law requires, among other things, the guarantee of equality for everyone before the law (equality before the law). Therefore, the Constitution also stipulates that everyone has the right to recognition, guarantee, protection, and legal certainty that is just equal treatment before the law. From a philosophical point of view, the Legis standard ratio of the advocate profession is to guarantee the protection of human rights by the conceptual objectives of the state of law. Meanwhile, the legal reason is to guarantee legal protection. both for the benefit of the client and the benefit of the advocate himself, so that disputes between advocates and clients can be avoided which are built based on trust.

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals The partial waiver of the rights and partial invalidation of rights to the invention

2021 ◽  
pp. 51-59
Author(s):  
Petro Borovyk
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Legal Certainty ◽  
Utility Model ◽  
Patent Owner ◽  
The Third ◽  
Utility Models ◽  
The Law ◽  
State Registration ◽  
The Right

Borovyk P. The partial waiver of the rights and partial invalidation of rights to the invention. In view of changes in the Law of Ukraine «About protection of rights for inventions and utility models» introduced according to the Law No. 816-IX as of 21.07.2020, it is implied that a patent owner can waive rights provided by a state registration of an invention (utility model) fully or partially, and a court can render the rights for the invention (utility model) invalid fully or partially. The partial waiver of the rights or rendering the rights invalid causes a number of issues on a rather frequent basis, in particular, regarding a certain procedure of defining the entire scope of rights according to the patent and a portion of these rights. Since the scope of rights is defined by claims, the partial waiver of the rights or the partial rendering the rights invalid substantially represents a change of the scope of rights, which are defined by the claims as published. The patent may be granted for a group of inventions. In such case, the scope of rights shall be defined by the claims that comprise several independent claims. Here, the partial waiver of the rights for the invention may be carried out by waiving one or several independent claims at the discretion of the patent owner or by rendering one or several independent claims invalid by the court. Therewith, the scope of rights that is defined during conduction of an examination for another invention of the group of inventions, which are mentioned in a single protection document (patent), is not changed. The partial waiver or the partial rendering the rights for the invention invalid for the claims having one independent claim is a more problematic case. A key aspect of this problem is an influence of the proposed amendments of the claims onto the scope of rights for the invention and its correspondence with the requirements for granting a legal protection. More specifically, it is an establishment of a fact of reduction of the scope of rights when introducing the proposed amendments into the independent claim and examination of a new version of the independent claim for compliance with the requirements of patentability. An important aspect also lies in establishment of a balance of interests of the patent owner and third parties. The patent owner will receive a mechanism of implementation of the right for protection of allowable embodiments of the invention, while the third parties will receive a right for a legal certainty by means of an analysis of the scope of rights of the new version of the claims. The article discloses grounds for waiving the rights for the invention and the mechanism for implementation of the waiver under the legislation in force both for the case of the group of inventions and for the partial waiver or the partial rendering the rights for the invention invalid with the claims having one independent claim. Keywords: scope of rights, independent and dependent claims, amendment to claims, proceedings

scholarly journals Prawo do tłumaczenia pokrzywdzonego w polskim procesie karnym – wybrane zagadnienia

2020 ◽  
Author(s):  
Michał Toruński
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Legal Certainty ◽  
The Law ◽  
The Right

The analysis of the provisions of the Code of Criminal Procedure shows a clear asymmetry in the rights of the accused and the victim as regards the right to interpreting. Despite the implementation of subsequent amendments, the legislators consistently ignored the rights of the victim with regard to the right to interpreting; when they actually dealt with that issue, it was done in a fragmented and selective manner.Moreover, the exegesis of the provisions on the right to interpreting leads to the conclusion that the analyzed right is not fully regulated by the provisions of the Code of Criminal Procedure, and some extremely important normative parts of it must be decoded from the Law on the System of Common Courts. Both these spheres interpenetrate each other, which is undeniably undesirable from the point of view of the standard of legal certainty and transparency.This study aims at identifying legislative shortcomings, as well as at proposing de lege ferenda solutions in relation to the analyzed right of the victim to interpreting.

scholarly journals Perlindungan Hukum terhadap Pengikut Aliran Syiah di Kabupaten Sampang Jawa Timur

2015 ◽  
Vol 4 (02) ◽  
pp. 243-260
Author(s):  
Achmad Maududi
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Legal Protection ◽  
Protection Of Human Rights ◽  
Religious Sect ◽  
The Law ◽  
The Right

Abstract : The followers of Syiah religious sect in Sampang can get legal protection when they  want to do Bai’at again to the teachings of Ahlus sunnah wal Jamaah. It is agreed, because they believe Itsna Asyarah Syiah religious sect that its existing banned in Indonesia. Legal protection for them is the right of  citizens of Indonesia stipulated in the 1945 constitution. The guarantee of 1945 constitution, written constitution,  in the case of  citizens protection states  itself as the law state that the implementation of its goverment based on law. As a consequence of the law state,  recognation, respect, and protection of human rights should get a serious attention without discrimination in any forms. That the violence for whatever reason that may lead to violence action on the protect of religion is not justified forever. This is in accordance with embodiments of  article 28 and 29 of 1945 constitution which says that every citizens  has the right to run their  each religious beliefs and convictions.Keywords: Legal protection, Syiah, Sampang

scholarly journals KEPASTIAN HUKUM DALAM PELELANGAN OBJEK HAK TANGGUNGAN SECARA ONLINE

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Begiyama Fahmi Zaki
Keyword(s):  
Legal Protection ◽  
Legal Certainty ◽  
Object A ◽  
Legal Evidence ◽  
Registration Process ◽  
Winning Bidder ◽  
The Law ◽  
The Right ◽  
Article 5

Abstract an auction object the formal use of mortgage online in KPKNL arranged in Article 54 paragraph (3) Minister of Finance Regulation Number 106/PMK.06/2013 that the supply of indirect in writing can be done via email or the internet. The auction the object a mortgage via email done through the application of auction email (ALE), both in terms of registration prospective bidders and documents should be equipped with the determination of the winning bidder performed on these applications. Legal certainty in this case that is at the time of the registration process bidders up to set the winning bidder through ALE. This strengthens with the Law Number 11 of 2008 on information and electronic transaction, where Article 5 paragraph (1) described that information electronically and/or document electronic and/or result print is a legal evidence legitimate. The principle of legal certainty of the opinion that an auction had been conducted by KPKNL for the legal protection to parties concerned to an auction. This is in accordance with rights legislation are explained that when debtors injured promise, the holder the mortgage over its own power has the right to sell by auction common. Implementing auction made treatise auction by officials an auction is a certificate authentic in accordance with Article 1867 and 1868 the book the Act of Civil Law. Treatise auction used the seller/the owner goods, buyers and officials auction to maintain and carry out their rights and duties and have the power of perfect in accordance with Article 1 the 32 Minister of Finance Regulation Number 106/PMK.06/2013. Key words: Legal Certainty, The Protection of the Law, Auction, Mortgage Object, Online VolumeAbstrak Penggunaan resmi obyek lelang hipotek secara online di KPKNL diatur dalam Pasal 54 ayat (3) Peraturan Menteri Keuangan Nomor 106/PMK.06/2013 yang pasokan tidak langsung secara tertulis dapat dilakukan melalui email atau internet. Lelang objek hipotek melalui email dilakukan melalui penerapan email lelang (ALE), baik dari segi pendaftaran calon peserta lelang dan dokumen harus dilengkapi untuk penentuan pemenang lelang dilakukan pada aplikasi ini. Kepastian hukum dalam hal ini yaitu pada saat bidder proses pendaftaran hingga mengatur pemenang tender melalui ALE. Ini telah memperkuat dengan Undang-Undang Nomor 11 Tahun 2008 tentang informasi dan transaksi elektronik, di mana Pasal 5 ayat (1) dijelaskan informasi yang elektronik dan/atau dokumen elektronik dan/atau hasil cetak adalah bukti hukum yang sah. Prinsip kepastian hukum berpendapat bahwa lelang telah dilakukan oleh KPKNL untuk perlindungan hukum kepada pihak yang berkepentingan untuk lelang. Hal ini sesuai dengan undang-undang hak dijelaskan bahwa ketika debitur cedera janji, pemegang hipotek atas kekuatan sendiri memiliki hak untuk menjual melalui lelang umum. Menerapkan lelang dibuat risalah lelang oleh pejabat lelang adalah sertifikat otentik sesuai dengan Pasal 1867 dan 1868 Kitab UndangUndang Hukum Perdata. Risalah lelang digunakan penjual/pemilik barang, pembeli dan pejabat lelang untuk mempertahankan dan melaksanakan hak dan kewajiban mereka dan memiliki kekuatan yang sempurna sesuai dengan Pasal 1 Menteri 32 Keuangan Nomor 106/PMK.06/2013. Kata Kunci: Kepastian Hukum, Perlindungan Hukum, Lelang, Objek Hipotek, Online

scholarly journals Perlindungan Hukum Terhadap Anak Korban Eksploitasi Seksual Komersial Melalui Media Sosial

Media Iuris ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 197
Author(s):  
Mutiara Nastya Rizky ◽  
Risma Intan Fitriani ◽  
Muhammad Wahyu Sudibyo ◽  
Fatma Ayu Husnasari ◽  
Firmansyah Maulana
Keyword(s):  
Social Media ◽  
Rule Of Law ◽  
Sexual Exploitation ◽  
Legal Protection ◽  
Point Of View ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
Technological Advances

Today, the crime rate is increasing, one of the trigger is due to the advances in the field of technology and information. Thus not a few people who use technological advances as a crime media to make money. Most of them use children as objects because children are easily persuaded and seduced to get something. One example of a crime that uses a child as an object is a sexual crime. These children are exploited as sexual disseminators disseminated through social media. Looking at the children's point of view as a weak individual then in Indonesia Law number 35 of 2014 was born to ensure that children can grow and develop optimally. So the law is regulated in detail about the rights of children and protection of children as victims of crime. On the other hand, there are several laws that regulate sexual crimes whether committed in cyberspace or not. Because of the importance of providing protection to children, there is more than one rule of law to protect children as victims of sexual crimes through social media. So the systematic specialist principle should be applied to provide legal certainty against the children. The purpose of this research was to determine the legal protection of children as victims of sexual exploitation through social media and the application of lex specialist systematic principles in the case of children as victims of sexual abuse through social media. To be able to answer existing legal problems, the research method is used with the type of doctrinal research and statute approach and conceptual approach. From this research, it can be obtained the results that in the application of the lex systematic specialist principle is based on case.

scholarly journals PERSAMAAN PERLAKUAN PARA PIHAK DALAM BERACARA DI KPPU DALAM PERSPEKTIF HUKUM ACARA PERADILAN INDONESIA

2016 ◽  
Vol 5 (2) ◽  
pp. 380
Author(s):  
I Made Sari
Keyword(s):  
Legal History ◽  
Legal Status ◽  
Legal Protection ◽  
Equal Treatment ◽  
Judicial Decision ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Position ◽  
The Law ◽  
The Right

The title of this research is: “The Equal Trearment of Parties in the Proceedings of the Business Competition Dupervisory Commission in the Perspective of Indonesia Procedural Law Courts. The Right to equal treatment also contains in the principle of hearing the opinions or arguments of other parties before the judge handed down the verdict; it must be carried out in the litigation. The unequal position of the parties in the hearing of the Business Competition Supervisory Commission will cause problems in seeking justice. What is the position of decision of the Business Competition Supervisory Commission in terms of the legal system of justice in Indonesia ?; and What is the legal protection against the reported party, when he/she is not getting the right to equality of treatment in the proceedings in the KPPU?. The research was a normative legal research that consisted of research on the systeamtics of law, the synchronization of law, legal history. Which resulted from the confict of law governing the legal status of the KPPU decision; and the void of law in the way of the litingants in the litigation procedure of KPPU. The results of this research showed that (1) The Legal position of Business Competition Supervisory Commission’s decision in the law of court procedure is that the decision of KPPU as a quasi judicial decision of which the law procedure is made on its own that is called Case Handing Procedures at the KPPU; in addition to the Law of Civil Procedure Code. (2) The from of legal protection for businesses as the reported party could be sacrificed because of the absence of clear rules regarding the from of the formulation of legal protection in the proceedings of the on the unequality of treatment of the reported party. Judul penelitian ini adalah: “Persamaan Perlakuan Para Pihak Dalam Beracara Di KPPU Dalam Perspektif Hukum Acara Peradilan Indonesia. Hak atas perlakuan yang sama  mengandung prinsip mendengarkan juga pendapat  atau argumentasi pihak yang lainnya sebelum hakim menjatuhkan putusan, wajib dilaksanakan dalam berpekara. Tidak seimbangnya posisi dari pihak-pihak yang berperkara dalam persidangan KPPU akan menimbulkan masalah dalam mencari keadilan. Bagaimana kedudukan Putusan Komisi Pengawas Persaingan Usaha ditinjau dari sistem hukum acara peradilan di Indonesia?; serta bagaimanakah bentuk perlindungan hukum terhadap terlapor, apabila terlapor tidak mendapatkan hak atas persamaan perlakuan dalam beracara di KPPU?. Jenis penelitian ini adalah penelitian hukum normatif mencakup penelitian terhadap sistematika hukum,  sinkronisasi hukum, sejarah hukum, yang beranjak dari konflik norma yang mengatur mengenai Kedudukan hukum putusan KPPU; dan norma kosong dalam tata cara berperkara di KPPU. Hasil penelitian ini menunjukkan bahwa (1) Kedudukan hukum putusan Komisi Pengawas Persaingan Usaha dalam hukum acara peradilan adalah putusan Komisi Pengawas Persaingan Usaha sebagai putusan quasi judicial dengan hukum acara yang dibuat sendiri yang disebut Tata Cara Penanganan Perkara di KPPU; disamping Kitab Undang - Undang Hukum Acara Perdata. (2) Bentuk  perlindungan hukum bagi pelaku usaha sebagai terlapor masih belum diatur secara tegas sehingga mengandung potensi bahwa pihak terlapor dapat dikorbankan karena ketiadaan aturan yang jelas mengenai bentuk formulasi perlindungan hukum dalam beracara di KPPU atas di korbankannya hak atas persamaan perlakuan dari terlapor.

scholarly journals Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 437 ◽  
Author(s):  
Riko Sulung Raharjo ◽  
M. Khoidin ◽  
Ermanto Fahamsyah
Keyword(s):  
Legal Protection ◽  
Copyright Law ◽  
The State ◽  
Legal Certainty ◽  
Legal Research ◽  
Similar Work ◽  
The Future ◽  
The Law ◽  
The Right ◽  
Legal Consequences

Copyright recognizes a declarative system in which the state automatically protects a creation after it was born without having to be preceded by registration. Article 64 of Copyrights Act Number 28 of 2014 (Copyright Act) states the registration even though it is not a necessity for the creator. This study aims to examine and analyze the legal consequences, forms of legal protection, as well as the future conception of regulations relating to the recording of a work in common by using legal research as its method. The results of the study indicate that the legal consequences on the similar work to the registration, inter alia, the abolition of the power of law for the registration of works, compensation for the creator, and criminal threats. Based on the theory of legal certainty, a provision is a form of legal certainty provided by the Copyright Law. There is a form of legal protection against the creator of the registration of the similar creation, inter alia, the abolition of the power of the law for registration the work by the court, the creator has the right to compensation, and the creator has the right to sue criminal. Based on the theory of legal protection, a provision is a form of protection provided by the Copyright Law. The future conception of the regulation of registration of creation so that it can provide legal protection against the creator through the renewal related to the addition of authority and procedures in conducting checks for ministers in the case of the registration of creation since it was first realized and announced. Based on the theory of legal certainty and the benefits of law, change and renewal can provide legal certainty and legal benefit for the creator and his creation. Keywords: Creator, Recording of Creations, Same Creations

General concept on the time of exercise of the right to protection

2021 ◽  
pp. 112-118
Author(s):  
Petro Guyvan
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
General Concept ◽  
Point Of View ◽  
Practical Significance ◽  
Legal Analysis ◽  
Modern Development ◽  
The Law ◽  
The Right ◽  
Substantive Law

Purpose. The work is aimed at studying current issues on the temporal dimensions of subjective civil law and the possibilities of its protection in the event of an offense. After all, the issue of timely exercise of subjective law is very important in society. Therefore, the term is a necessary and integral element of the content of substantive civil law, the certainty in this regard will also provide certainty in the application of the necessary legal protection tools. Methods. From the methodological point of view, the work substantiates the thesis that with the expiration of the statute of limitations the regulatory right ceases and thus the subject of protection itself ceases. Results. This concept does not cover all cases of violation of subjective civil law, in particular, it is not able to justify the proper protection of property rights in cases where one of the rights of the owner is violated, such as the right of possession or use. Because the very fact of the offense in such cases does not terminate the right of ownership. Therefore, it is emphasized that the legal analysis of the commented temporal coordinates should be carried out not within the existence of the protected (regulatory) right, but within the protection, that is, what arose as a result of the offense. Scientific novelty. The modern development of civil doctrine allows us to conclude that the subjective substantive law is realized within the regulatory legal relationship, and in case of violation of the latter there is a new separate protective obligation, within which protection is carried out, in particular, through claims. At the same time, it is obvious that judicial protection does not exhaust the protective property of the law. In most cases, non-judicial remedies do not restrict the creditor's use of such remedies in time. Practical significance. The paper establishes that the right to exercise the protection authority, which is part of the content of the relevant protection obligation, exists for the duration of the right, except when the law explicitly establishes a special term of its validity. The violated substantive law after the expiration of the statute of limitations does not remain completely unprotected, although the degree of its protection is somewhat reduced.

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