ASPEK YURIDIS PEMAKAIAN NAMA DAERAH DALAM USAHA KULINER BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

2019 ◽  
Vol 7 (2) ◽  
pp. 176
Author(s):  
Azvina Indriani ◽  
Pranoto '

<p>Abstract</p><p>This article aims to determinate whether in every culinary brand that uses the name of the region is a geographical indication and whether it adversely affects the typical culinary business in the area.This research is done by legal research method. The prescriptive nature of learning the purpose of law, concepts and legal norms. The research approach used is a legal approach to review all laws and regulations on legal issues. Research location at the ministry of justice and human rights of the republic of Indonesia. Research sources are primary legal materials in the form of legislation, secondary legal materials such as bibliography, non legal materials and tertiary legal materials. Technique of collecting data by interview. The technique of analysis of legal materials using data analysis technique with deductive logic.Based on the results of research conducted by the authors can be concluded that in the actual rules the use of regional names for the brand or culinary business is allowed. Because basically not all culinary efforts that use or enter the name of the region is reffered to as a geographical indication. Because it uses a valid region name only if there is a brand element in it.<br />Keywords: Culinary Business; Brand; Geographical Indication.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui apakah dalam setiap suatu merek kuliner yang memakai nama daerah merupakan suatu indikasi geografis dan apakah mempunyai dampak yang buruk terhadap bisnis kuliner yang khas di daerah tersebut.Penelitian ini dilakukan dengan metode penelitian hukum. Bersifat preskriptif yaitu mempelajari tujuan hukum, nilai keadilan validitas aturan hukum, konsep serta norma hukum. Pendekatan penelitian yang digunakan bersifat pendekatan perundang-undangan untuk menelaah semua undang-undang dan regulasi yang bersangkut dengan isu hukum. Lokasi penelitian di Kementerian Hukum dan HAM Republik Indonesia. Sumber penelitian adalah bahan hukum primer yang berupa perundang-undangan, Bahan hukum sekunder yaitu kepustakaan, bahan non hukum dan bahan hukum tersier. Teknik pengumpulan data dengan cara wawancara. Teknik analisis bahan hukum menggunakan teknik analisis data dengan logika deduktif. Berdasarkan hasil penelitian yang di lakukan penulis dapat disimpulkan bahwa dalam aturan yang sebenarnya pemakaian nama daerah untuk suatu merek atau bisnis kuliner diizinkan. Karena pada dasarnya tidak semua usaha kuliner yang menggunakan atau mencantumkan nama daerah disebut sebagai indikasi geografis. Karena menggunakan nama daerahsah saja apabila ada elemen merek di dalamnya.<br />Kata kunci: Usaha Kuliner; Merek.;Indikasi Geografis.</p>

2020 ◽  
Vol 9 (1) ◽  
pp. 91
Author(s):  
Basrawi Basrowi ◽  
Fauzi Fauzi ◽  
Pertiwi Utami

The purpose of this study was to describe the opportunities for sharia tourism in Pringsewu Regency by referring to the Law and Fatwa of the National Sharia Council. The research method used is empirical legal research which aims to support the development of legal science, especially sharia law related to halal tourism. Data is collected through documented observation. Examination of the validity of the data by using data source triangulation techniques is done by comparing the results of observational data with the results of related documents, and data analysis through data reduction, data presentation and conclusion drawing. Based on the results of the study concluded, 1) sharia tourism is very possible to be developed in Lampung Province, because formal juridical is not at all contradictory and Law No.33 of 2013 concerning Guaranteed Halal Products; 2) also does not contradict the Fatwa of the National Sharia Council-Indonesian Ulema Council No.108 / DSN-MUI / X / 2016 towards the development of sharia tourism.


2021 ◽  
Vol 1 (4) ◽  
pp. 301-308
Author(s):  
Muhammad Dhori ◽  
Jonata ◽  
Ahmad Saufi Al Hadisi

In accordance with PP No. 8 of 2012 and the Minister of Education and Culture of the Republic of Indonesia No. 73 of 2013 requires universities to implement a curriculum that refers to the IQF. In the PGMI study program, UIN Raden Fatah Palembang has implemented a curriculum system that refers to the KKNI. This study aims to determine the application of the curriculum referring to the KKNI in the PGMI study program of UIN Raden Fatah Palembang. The research method used in this study is a descriptive qualitative approach. Where in this study, researchers look for sources of descriptive data in the form of words or opinions from research subjects. Data collection was carried out by interview and observation methods. The analysis technique of data collection, presentation and conclusion. Data analysis was carried out on data collection and after all were collected. The results show that in general the KKNI curriculum has been implemented in the PGMI UIN Raden Fatah Palembang study program which is decent and good. 


2020 ◽  
Vol 1 (1) ◽  
pp. 33-38
Author(s):  
I Kadek Candra Wisesa ◽  
Desak Gde Dwi Arini ◽  
Luh Putu Suryani

The richness in the diversity of arts and cultures can be found in the Republic of Indonesia. Intellectual property rights obtain protection as stipulated in legislation, including Law Number 28 of 2014 concerning Copyright. The advancement in technology and the increasingly developing world of digital photography by means of digital cameras raises the legal issues of copyright in photographic works. The main issues examined in this paper are: the forms of legal protection of the rights of the creators of photographic works and the resolution of disputes of photographic works that are used without permission. The method used to examine this issue is the normative legal research method with a legislative approach. Copyright Protection of photographic works may be done in two ways, namely preventive in which legal protection given to the creator of photography which the creator shall done by registering the copyright, and repressive protection realised by filing a lawsuit in court if there is a violation of copyright in the photographic work. All rights reserved must always be appreciated by not committing violating actions which are arbitrarily committed especially if it relates to providing benefits for violators.


NORMA ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 1
Author(s):  
Retno Wulandari

The Franchisor and the Franchisee's engagement tends to be based on the value of business profits alone. The document that becomes evidence (franchise agreement) tends to be poorly understood by the Franchisee, which can cause legal problems for him. One of the legal issues that can occur is the unilateral termination of the Franchisor to the Franchisee. Franchise agreements tend to be standardized, which comes from the Franchisor. These conditions make the Franchisee obliged to understand the agreement's contents well so that the franchise agreement is not terminated unilaterally by the Franchisor. This study aims to find out and analyze how legal protection for franchisee is based on franchise agreement. This research method is a normative legal research approach. The result of this study is unilateral termination of the franchise agreement will undoubtedly cause various legal problems for the parties bound in the franchise agreement.Keywords: Termination, Agreement, Franchise.


2020 ◽  
Vol 1 (2) ◽  
pp. 148-152
Author(s):  
Ni Luh Gede Suwarni ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini

Indonesia has experienced rapid development from ancestral ages to modern ages in terms of its people living with daily-supporting facilities. In other words, the Indonesian people live with a legacy which is then developed. Regarding inheritance, this study examines two legal issues: (1) distribution of inheritance according to the Civil Code and (2) settlement of disputes over distribution of inheritance results according to the Civil Code. This study was designed using a normative legal research method design; the data were collected by applying note-taking and analysing techniques based on legal materials. Based on the results of data analysis, it is found that in terms of its form there are three types of rights and obligations of an heir: openbaar testament, a form of inheritance made by a notary, in which case, the person who will transfer the inheritance appears before a notary and declares his will; olographis testament, a form of inheritance realising in writing by hand and is affixed by the hand of the inheritor (elgenhading / gedepoecerd); and a secret testament, a form of inheritance that requires the transfer of inheritance by written evidence, made by the person transferring the inheritance but not necessarily handwritten. There are two forms of dispute resolution related to inheritance through litigation, namely the general court, which in this case is the district court, the authority to examine disputes and the commercial court of a special court that is within the environment of a general court that has the competence to examine and decide an application for participation and postponement of debt payment obligation (PKPU) and disputes over intellectual property rights (HaKI).


2021 ◽  
Vol 16 (1) ◽  
pp. 37
Author(s):  
I Made Suastika Ekasana

<p><em>Pratima Theft Crime is part of the crime of theft or crimes against property or objects that are sacred and sacred or sacred and sanctified which are related to symbols of God, Goddesses, Bhatara-Bhatari and their manifestations. Pratima theft is part of a crime against property as regulated in Book II of the Criminal Code and is also regulated in Hindu Law as Corah or Asteya in Article 6 in conjunction with Articles 336 - 343 Astamo dhyayah Weda Smrti (Manawa Dharmasastra) in conjunction with Articles 51 - 70 Ekodaco dhyayah Weda Smrti (Manawa Dharmasastra). Corah or Asteya is part of Hindu legal norms in the field of Criminal Law or Kantaka Sodhana. The problems studied in the writing are, Are Hindu law norms in the field of Criminal Law included in the national legal system in the Unitary State of the Republic of Indonesia? What are the factors causing the rampant theft of pratima in Bali Province ?. Using the normative legal research method, the conclusion obtained is that the legal norms of Pratima Theft are regulated in the legal system of the Unitary State of the Republic of Indonesia. support each other in the administration of the State. The Pratima Theft legal norms are part of the Criminal Law Norms including one of the Areas of Hindu Law which is one of the recognized religious laws in Indonesia, therefore the Pratima Theft legal norms as one of the religious laws (Hinduism) are automatically included as part of and regulated in the legal system in the Republic of Indonesia. Factors causing pratima theft include human factors, environmental factors, educational factors, social interaction factors and opportunity factors.</em></p><p><strong>Keywords</strong>: <em>Crime, Theft, Pratima, Hindu Law, Criminal Law.</em></p><p align="center"> </p>


2019 ◽  
Vol 14 (2) ◽  
pp. 119
Author(s):  
Riza Syahputera ◽  
Martha Rianty

AbstractThis study aims to determine the effect of the role of the Chairperson and Cooperative Manager in the preparation and application of Financial Statements based on SAK ETAP in cooperatives in the city of Palembang. This research is a quantitative study using data obtained from questionnaires and measured using a Likert scale. The sampling technique used is purposive sampling. The sample used in this study was the Chairperson of the cooperative and the manager of the cooperative in the city of Palembang. The cooperatives studied were 203 cooperatives. The data analysis technique used is multiple linear regression test. The results showed that the role of cooperative leaders and managers had a significant positive effect on the preparation and application of SAK ETAP-based financial statements.Keywords : chairman, manager, SAK ETAP, cooperative


2021 ◽  
Vol 13 (2) ◽  
pp. 193
Author(s):  
Markus Deli Girik Allo ◽  
Nilma Taula’bi ◽  
Elim Trika Sudarsih ◽  
Eka Prabawati Rum

The purpose of this study was to investigate the cultural values in the ritual of Bulangan Londong Sembangan Suke Barata as part of the Toraja indigenous people life. The research method used in this study is a qualitative method. Meanwhile, the respondents involved in this study include culturist, linguists, and the Toraja community. The research instruments used in this study were document files, interviews with the subjects, and observations using a video recorder that recorded the ritual process of Bulangan Londong Sembangan Suke Barata. The data analysis technique in this study includes three main steps, namely data reduction, data presentation, and drawing conclusions. The results showed that the cultural values contained in the rituals of the Bulang Londong Sembangan Suke Barata were 'Manuk' which symbolized the value of the work ethic, 'Ussembang Suke Barata' which represented the religious value of bamboo slashed by 'Mina', and 'Kayunan Londong' which personifies the leader's patriotic value.Tujuan dari penelitian ini adalah untuk menyelidiki nilai-nilai budaya dari ritual bulangan londong sembangan suke barata dari masyarakat adat Toraja. Penelitian ini menggunakan metode kualitatif. Responden penelitian ini adalah budayawan, ahli bahasa, dan komunitas Toraja. Instrumen penelitian yang digunakan adalah file dokumen, wawancara dengan subjek, dan pengamatan dengan menggunakan perekam video pada ritual bulangan londong sembangan suke barata. Teknik analisis data mencakup tiga langkah utama, pengurangan data, presentasi data, dan penarikan kesimpulan. Hasil penelitian menunjukkan bahwa nilai-nilai budaya yang terkandung dalam ritual bulangan londong sembangan suke barata adalah manuk yang melambangkan nilai etos kerja, ussembang suke barata yang mewakili nilai religius bambu yang ditebas oleh mina, dan kayunan londong sebagai personifikasi nilai patriotik pemimpin.


2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.


2019 ◽  
Vol 1 (2) ◽  
pp. 95-106
Author(s):  
Kosasih

The purpose of this research is to obtain empirical evidence through data analysis of the influence of work culture, organizational commitment, and strandar operational procedures on employee work productivity at PT Kimia Farma Apotek Tbk (Persero) East Bandung Region. The research method used in this research is descriptive and verifikatif method with quantitative approach and using multiple linear regression analysis. Technique of collecting data that is used is by observation at 6 pharmacy chemical pharmacy of East Bandung area through questionnaires completed by interview. the esult of this study indicate that both partially and simultaneously between work culture, organizational commitment and standart operational process have a positive effect on employee work productivity. It means that the more work culture organizational commitment, and ordinary operational procedures, will make the work productivity of employees more and more tense. As well as the most dominant most affecting work productivity is comitment organization, meaning with high organizational commitment, automatically employees will work hard for the company, proud of the company and have good emission ties the company.


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