scholarly journals URGENSI PERLINDUNGAN HUKUM TERHADAP KONSUMEN MOTOCYCLE TAXI PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN DAN TEORI MASHLAHAH

JURISDICTIE ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 192
Author(s):  
Musa Taklima

<p>The research aims to find out Maslahah's review of people's transport activities by using a motorcycle (Ojek) and the urgency of legal protection for consumers of transportation by using a motorcycle (ojek). The research method used is normative juridical with a doctrinal approach that relies on secondary data sources consisting of primary, secondary and tertiary legal materials obtained through literature study, and analyzed using descriptive analysis method. The results of the study, first, Mashlahah's review of the Transportation of People by Motorcycle (Ojek) is a "mashlahah transportation solution" for the needs of the community to meet their transportation needs. Second, the Urgency of Legal Protection Against Consumers of Transportation of People with Motorcycle (Ojek) is no longer negotiable to be done by providing legal certainty of motorcycle taxi legality through revision of Law No. 22 of 2009. Recommendations from the results of this study are: first, the government needs to translate its obligations in providing public transport that can be accessed by all levels of society and also embody its obligations in providing legal protection for consumers, secondly, Law No. 22 of 2009 which is still relatively new is apparently unable to provide justice to ojek drivers who have contributed significantly to community needs for transportation, therefore Law No. 22 of 2009 needs to be revised and accommodate ojek as a public transport.</p><p> </p>Penelitian memiliki tujuan untuk mengetahui tinjauan Maslahah terhadap aktivitas angkutan orang dengan menggunakan sepeda motor (Ojek) dan urgensitas perlindungan hukum terhadap konsumen angkutan orang dengan menggunakan sepeda motor (ojek) tersebut. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan doktrinal yang bertumpu kepada sumber data sekunder  yang terdiri dari bahan hokum primer, sekunder dan tersier yang didapat melalui studi pustaka, dan dianalisis dengan menggunakan metode deskriptif analisis. Hasil penelitian, pertama, tinjauan Mashlahah terhadap Angkutan Orang dengan Sepeda Motor (Ojek) adalah “solusi angkutan yang mashlahah” bagi kebutuhan masyarakat untuk memenuhi kebutuhan transportasinya. Kedua, Urgensi Perlindungan Hukum Terhadap Konsumen Angkutan Orang dengan Sepeda Motor (Ojek) tidak bias ditawar lagi untuk dilakukan dengan cara memberikan kepastian hukum legalitas angkutan ojek melalui revisi Undang-Undang No. 22 Tahun 2009. Rekomendasi dari hasil penelitian ini adalah: pertama, pemerintah perlu menterjemahkan kewajibannya dalam menyediakan angkutan umum yang bisa diakses oleh seluruh lapisan masarakat dan juga mengejawantahkan kewajibanya dalam memberikan perlindungan hukum bagi konsumen, kedua, Undang-undang No. 22 Tahun 2009 yang masih tergolong baru ternyata tidak mampu memberikan keadilan kepada pengojek yang sudah berkontribusi signifikan bagi kebutuhan masyakat terhadap tranportasi, oleh karena itu Undang-undang No. 22 Tahun 2009 perlu direvisi dan mengakomodir angkutan ojek sebagai angkutan umum.

2021 ◽  
Vol 3 (1) ◽  
pp. 26-39
Author(s):  
Sheril Firdausy ◽  
Anajeng Esri Edhi Mahanani

This study aims to analyze and understand the legal protection towards the mark owner from the share-in jar cosmetic trade and the legal consequences for business actors who do share-in jar cosmetic trade. The type of legal research used in this study is a normative juridical legal research method. The data collection in this study was conducted through a literature study from the laws and regulations, journals, research results, and books. The data analysis used in this research is the descriptive analysis method. The results of the study show that the legal protection towards the mark owner from the share-in jar cosmetic trade can be carried out through preventive and repressive legal protection efforts. Legal protection efforts are preventively carried out by registering the mark to get legal protection as a legal mark owner. Repressive legal protection efforts for trademarks can be done by litigation dispute resolution and non-litigation dispute resolution. The legal consequences for business actors who do share-in jar cosmetic trade are compensate for damages and/or ceasing all acts related to mark use. Therefore, it is recommended to the mark owner to provide cosmetics with trial or sample sizes. In this case, so that consumers try first about their compatibility with these cosmetics. On the other hand, business actors doing share-in cosmetic jar trade must make a license agreement with the mark owner. Furthermore, the government needs to include criteria for violations of right on mark in laws and regulations. This is purpose to increase legal protection towards the mark owner from the share-in jar cosmetic trade in the future.


2020 ◽  
Vol 9 (2) ◽  
pp. 21
Author(s):  
Parrhesia Insani ◽  
Irdhan Epria Darma Putra

This study aims to describe and determine the Implementation of Culture and Arts instruction using online learning at SMA Negeri 3 Padang Panjang. This research is a qualitative research using a descriptive analysis method. The instruments used were the researcher itself and was assisted by supporting instruments such as writing instruments and mobile phones. The data were collected through interviews, literature study, and documentation. This study used primary and secondary data. The data analysis was conducted by collecting the data, identifying the data, classifying the data, describing the data, and making conclusions. The results show that the implementation of online learning has not been carried out well. This is due to the fact that there are still many students who do not participate in the process of online learning. In addition, the lesson plans used by teachers are inappropriate. The teachers still use lesson plans for classrooms instruction. This is due to the fact that there is no order from the government to create online lesson plans. The media used is very limited. The teachers use smartphones, laptops and computers. Moreover, the methods used are also limited. The teachers usually used demonstration, lectures, discussions, and assignments. Meanwhile, in online learning the teachers only give assignments. Discussions carried out during online learning are still conducted. However, there are small numbers of students respond and participate in the discussion. The assignments collected are also not on time on the grounds that students have not finished working on assignments, network problems, internet data, and others.Key Words: Implementation, Culture and Arts, Online Instruction


2020 ◽  
Vol 22 (1) ◽  
pp. 25-48
Author(s):  
Sri Walny Rahayu ◽  
Widiya Fitrianda

Lagu-lagu tradisional Aceh merupakan bagian rezim hak cipta dan termasuk dalam ekspresi budaya tradisional masyarakat Aceh, kekayaan dan identitas bangsa. Untuk memajukan lagu-lagu tradisonal sebagai bagian kebudayaan Aceh, diperlukan langkah strategis melalui perlin-dungan, pengembangan, pemanfaatan, pembinaan untuk mewu-judkan masyarakat Aceh yang berdaulat secara politik, berdikari secara ekonomi, dan berkepribadian dalam Kebudayaan. Hal lainnya, lagu-lagu tradisional Aceh merupakan hak milik yang dapat beralih melalui warisan. Dalam praktiknya ahli waris pencipta lagu-lagu Aceh tidak memahami dan belum mendapatkan hak ekonominya  sebagai-mana diatur dalam Pasal 16 ayat (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Budaya masyarakat komunal berbeda pandang dengan filosofi konsep hak kekayaan Intelektual, bersifat eksklusif monopoli, dan lemahnya implementasi penegakan hukum hak cipta merupakan persoalan yang harus mendapat perhatian pemerintah di Aceh dalam melestarikan budaya tradisonalnya. Tujuan penulisan menjelaskan perlindungan hukum terhadap lagu tradisional Aceh yang merupakan ekspresi budaya tradisional, menjelaskan perlindungan kepada ahli waris pencipta lagu Aceh melalui warisan menurut Undang-Undang Hak Cipta, Kitab Undang-undang Hukum Perdata, dan Hukum Islam menjelaskan kendala pengalihan pencipta hak ekonomi lagu-lagu tradisional Aceh melalui warisan. Jenis penelitian ini menggunakan data sekunder sebagai data utama, atau yang disebut penelitian yuridis normatif yang menguji norma hukum sebagai objek penelitian. Pendekatan yang digunakan adalah pendekatan konseptual dan pendekatan hukum komparatif. Tulisannya disajikan dalam bentuk analisis deskriptif. Aceh Traditional Cultural Expression and Its Inheritance Model Traditional Acehnese songs which are part of the copyright regimes are one part of the expression of traditional Acehnese culture, wealth and national identity. The promotion of Acehnese culture through traditional songs requires a strategic step through protection, development, utilization, and coaching to realize an Acehnese society that is politically sovereign, economically independent, and has a personality in culture. Other things Traditional Aceh songs are property rights that can be transferred through inheritance. In practice the heirs of Acehnese songs creators do not understand and obtain economic rights from the commercial use of Acehnese songs as stipulated in Article 16 paragraph (2) of Law Number 28 of 2014 concerning Copyright. The communal society's culture is different from the philosophy of the concept of intellectual property rights that is exclusively monopoly and the weak implementation of copyright law enforcement is an issue that must be gotten the attention of the government, especially in Aceh to preserve the traditional Acehnese culture which is the expression of its people. The purpose of writing is to explain the legal protection of traditional Acehnese songs which are expressions of Acehnese cultural identity, explain the protection to the heirs of the creators of Aceh songs through inheritance according to the 2014 UUHC, the Civil Code and Islamic Law and explain what constitutes obstacles to the transfer of rights economic creator of traditional Acehnese songs through inheritance. This type of research uses secondary data as the main data, or so-called normative juridical research that tests legal norms as the object of research. The approach used is the conceptual approach and comparative legal approach. This writing is presented in the form of descriptive analysis.


2020 ◽  
Vol 9 (4) ◽  
pp. 17
Author(s):  
Willy Tri Rama Putra ◽  
Yuliasma Yuliasma

This is a qualitative research with a descriptive analysis method. The main instrument in this study was the researcher itself and was assisted by supporting instruments such as writing instruments and cameras. The data used were primary and secondary data. The data was collected through literature study, observation, documentation, and interview. The data analysis was conducted by reducing the data, modeling the data (data display), and taking / verifying conclusions. The results show that 1) extracurricular dance planning can be conducted well as expected, the material selection is in accordance with students’ needs and abilities, and the schedule selection has been determined by the principal and is always consistent in its implementation, 2) the implementation techniques taught to students give optimal quality such as doing varied warm-ups, teaching difficult to easy movements, and emphasizing parts of the motion by using words such as 1-2-Hentak-Turak, 5-6-Sorong-Turak, 3) students' abilities which looks very good consist of several parts, namely motion, rhythm, and expression. In terms of doing movements, the students are always consistent (there is no change). In terms of rhythm, the students are always good at doing movements because the trainer always provides varied counts and consistently provides rhythms with sound or music during warming up. In terms of expression, students are also spontaneous in doing movements and giving off a beautiful smile. This is due to the fact that the trainer always explains the meaning of motion in every movement the students do.Keywords: Tanun dance Training


2020 ◽  
Vol 3 (1) ◽  
pp. 245
Author(s):  
Aynun Nurmayanti ◽  
Widayati Widayati

This study aims to determine and analyze licensing arrangements that seek to be integrated electronically (Online Single Submission-OSS) in legislation, the application of OSS in Pekalongan City, and to know and analyze the constraints of OSS implementation in Pekalongan City and its solutions. This study uses a sociological juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. Data analysis method used is qualitative analysis. Furthermore, based on the results of the study it can be concluded: that 1) Government Regulation Number 24 of 2018 On Electronically Integrated Business Licensing seeks to regulate all licenses in Indonesia, but in practice the implementation can only reach a portion of licensing in Indonesia; 2) The issuance of PP 24/2018 does not regulate the transition period of its enactment, the OSS system is not ready, the NSPK has passed the stipulation 15 (fifteen) days since the issuance of the PP, the OSS system has not used Digital Signature, and the weak aspects of supervision, and inefficiency in obtaining permits.Keywords: OSS; Integrated Business Licensing; PP; NSPK.


2021 ◽  
Vol 19 (1) ◽  
pp. 104-118
Author(s):  
Budiman Budiman ◽  
Jumiati Jumiati ◽  
Nur Hasanah ◽  
Tengku Imam Syarifuddin

This study uses qualitative descriptive analysis, the type of data used in this study is secondary data and literature study survey by taking from previous research and collecting data from websites related to this research. The local government of Wakatobi Regency continues to innovate to create tourist attractions that can attract visitors. To achieve the success rate of local government in making innovations will be seen in the development of the region itself. So that the government of Wakatobi Regency continues to innovate in tourism. Wakatobi regency has natural tourism and cultural tourism, 195 natural tourism, and 451 cultural tourism. And not only that good transportation will also support the development of tourism and provide comfort to visitors who come.


Author(s):  
Sulastri Sulastri ◽  
Yuliana Yuli W ◽  
Dwi Aryanti R ◽  
Satino Satino

Everyone has a desire that he is always in a healthy condition and that public health must get legal guarantees and protection from the government. This is also damaging to the community in Baros Village, Baro District, Serang Regency. Health insurance and legal protection obtained by the community in the form of physical and spiritual welfare, shelter or a place to take refuge, a healthy environmental life and there is no discrimination in obtaining health care and obtaining legal protection for their health. As for the formulation of the problem in research on how to protect health laws in Baros Village. In this study, researchers used the literature study method and the type of dat used was secondary data. Law politics has a very strategic role. A political-law approach is needed so that the law that is enforced must always be based on national interests, then a political-law approach is needed. Likewise in matters of health, law politics is needed so that all people can obtain protection of the right to health which is a basic right of everyone.


2020 ◽  
Vol 1 (6) ◽  
Author(s):  
Ahmad Mukri Aji

Abstract:Domestic violence is a behavior that can be categorized as a violation of human rights. Because this behavior results in disruption of the social dimension of humanity, due to actions that do not humanize humans in general. Even in the context of domestic violence, the perpetrators who are supposed to protect even commit acts of violence, mistreatment, intimidation and even the loss of the victim's life. The research method uses the normative juridical method, using secondary data obtained through literature study and analyzed qualitatively. The results and discussion of this study are that there are aspects of human rights violations that occur in domestic violence behavior. So the government is obliged to take action in the form of legal protection for victims by ensnaring the perpetrators with laws and regulations. Both the Criminal Code and the Law on the Elimination of Domestic Violence.Keywords: Domestic Violence Behavior, Human Rights, Violence.


Author(s):  
Doyo Utomo ◽  
Adi Sulistiyono ◽  
Pujiyono Pujiyono

The administration of Indonesian franchises is specifically regulated through a Government Regulation and a Regulation of the Minister of Trade. Apart from being subject to the rules that specifically regulate, it must also be based on other legal provisions in the field of Intellectual Property and the Civil Code because franchising is an agreement that arises and is binding due to a franchise agreement. Problems that often arise are about the existence of intellectual property which is still in the registration process and not yet certified, but the business owner has franchised or entered into a partnership with other parties which results in legal uncertainty and guarantees the full use of intellectual property by the franchisee. So that researchers are interested in raising the title of research on Protection for Franchisee of Unregistered Trademark with the aim to find out what forms of legal protection for the franchisee. In this study, an empirical juridical research method is used with a statutory and case approach with primary and secondary data sources which are then analyzed way of the descriptive analysis. From this research, the results show that the protection of the franchisee in the event that intellectual property is unregistered there are several forms, namely the guarantee of intellectual property objects that must be included in the agreement clause, compensation for costs or capital and compensation as well as assistance, coaching and training so that the franchisee is the party who in good faith get their full rights.


2020 ◽  
Vol 9 (2) ◽  
pp. 27
Author(s):  
Vera Megasari ◽  
Darmawati Darmawati

This research aims to reveal, describe, and analyze the development of Tauh Dance in Rantau Pandan Village, Rantau Pandan District, Bungo Regency, Jambi Province. This research used a descriptive analysis method. The object of this research was Tauh dance in Rantau Pandan District, Bungo Regency, Jambi Province. The data used in this study were primary and secondary data. The main instrument was the researcher itself. The data were collected through literature study, observation, interview, and documentation. The data analysis was conducted by using interpretation technique so that the truth can be obtained. The results show that Tauh Dance in Rantau Pandan Village has developed into a new form that can be seen through the processing of motion, clothing, make-up, property, time and place of performance as well as aspects of dancers packaged in new forms. In motion, there is a development in terms of movement assertiveness and motion motives. In costumes, there is a development in terms of uniformity, similarity between dancers, and harmony in choosing colors for male and female dancers’ costumes. Thus, the process of developing Tauh dance in Rantau Pandan District is supported because there is a desire from Alsobri to keep Tauh dance by turning it into an attractive Tauh dance for Rantau Pandan community as well as maintaining cultural heritage and forming the identity of the local Village.Keywords: Development, Tauh Dance, Rantau Pandan Village


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