scholarly journals Perlindungan Hukum Hak Cipta Atas Karya Motif Batik Galuh Di Kabupaten Gianyar

2021 ◽  
Vol 2 (2) ◽  
pp. 320-327
Author(s):  
AA Mas Pradnyandari Mantara ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Dispute Settlement ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
Registration Process ◽  
The Future ◽  
Civil Dispute

Legal protection for intellectual works is not only shown to works whose copyright has been registered, but also to those whose copyrights have not been or are not registered at all. The purpose of this study is to determine the legal protection of Galuh batik motifs in Gianyar Regency according to Law Number 28 of 2014 concerning copyright and to find out the copyright registration for Galuh batik business in Gianyar Regency. The author uses the type of empirical legal research, namely research by means of interviews which primary data are known as field research. The data needed in this study are primary and secondary data. Based on the results of the study, it can be concluded that the legal protection of Galuh batik motifs in Gianyar Regency based on Law Number 28 of 2014 concerning copyright, namely Galuh Batik has not received optimal legal protection. If in the future there is a dispute, then the Batik Galuh Party can take it with a Civil Dispute settlement. The registration process for Batik Galuh copyright still uses a manual system and the process is completed in less than 3 weeks to 1 month.

scholarly journals Kesehatan dan Keselamatan Kerja bagi Petugas Kebersihan di Dinas Kehutanan dan Lingkungan Hidup Provinsi Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 246-250
Author(s):  
Kadek Yohanes Septianadi ◽  
I Nyoman Gedesugjartha ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Health And Safety ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
The Government ◽  
Environment Service ◽  
Very High

The risk from environmental cleaners is very high considering the work they do, where their work is always related to cleaning the garbage that is within the Bali Provincial Forestry and Environment Service. In this regard, the purpose of this study is to reveal the health and safety insurance for cleaners in the Bali provincial forestry office and the government 's legal protection on guaranteeing the implementation of occupational health and safety for cleaners at the Bali Provincial Forestry and Environment Service. This research method is empirical legal research. Primary data is obtained through field research, secondary data is obtained from books, laws and regulations. The legal materials obtained are then classified and combined as well as analyzed systematically and presented descriptively. This study concludes that the regulation regarding health insurance for workers in the Bali Provincial Forestry Service is in accordance with the regulations stipulated by Law no. 13 Year 2003.

scholarly journals An Analysis on Farmer Rights in International Trade Under Indonesian Law

2020 ◽  
Vol 8 ◽  
pp. 200-204
Author(s):  
Imanullah Moch Najib
Keyword(s):  
International Trade ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Interpretation ◽  
Legal Research ◽  
Indonesian Government ◽  
Triangulation Method ◽  
Alternative Solutions

The aims of this research were to examine the legal protection on the farmer rights in international trade under Indonesian law. The research was important to provide various alternative solutions over the problem of inabilities of farmer to be a subject of international trade and to review whether the Indonesian Government gave legal protection to farmer rights. It was an empirical legal research, which using primary and secondary data. Primary data was collected from the respondents and informants while the secondary ones were taken from primary and secondary legal materials. The validity of data used sources triangulation method while all of data were analysed by analysis of editing style through legal interpretation. The result showed that Indonesian Government through enactment of its legislation has not been providing the legal protection to the farmer rights in international trade optimally. Moreover, this study was expected to contribute in reforming over legislation that regulates the protection of farmer rights.

scholarly journals Perlindungan Hak Peserta Program Magang di Hotel XYZ Kota Bandung

2018 ◽  
Vol 2 (1) ◽  
pp. 21-32
Author(s):  
Ananta Budhi Danurdara
Keyword(s):  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Research Literature ◽  
Primary Data ◽  
Literature Study ◽  
Apprenticeship Program ◽  
Main Components ◽  
The Right ◽  
Contractual Rights

Apprenticeship program is one part of the laborrs force in Indonesia, apprentices basically get the same protection with other labors, but in Indonesia there are many industries that do not provide rights that should be given to participants of the internship program. The purpose of this study was to determine, assess, examine and analyze how the legal protection for participants in apprenticeship programs and practices to determine, assess, examine and analyze an obstacle in the implementation of the apprenticeship program. Study used is descriptive nature Analytical. Secondary data was obtained from the research literature and reinforced with Primary Data obtained from interviews daan questionnaire. Stages of the research literature research and field research. Techniques of data collection are through literature study and interviews. Methods of data analysis using Likert method. The results showed that the occurrence of violations of rights protection for participants in the company's apprenticeship program in terms of three main components, namely Statutory Rights, Contractual Rights and Other Rights on the Protection of Rights Internship Program participants have not been frilly implemented in practice yet. This is because there are some companies who do not exercise rights apprenticeship program participants in the form of the right to obtain employment injury insurance and the right to earn pocket money and or transport money and not doing the apprenticeship agreement in writing between the parties with the company's apprenticeship program participants in a company. Other authors propose recommendations for the educational institutions and industry especially Hotel XYZ at Bandung management to address the existing problems. The purpose of these recommendations is to provide input to the hotel in order to provide protection Rights Internship Program Participants in accordance with the rules of government.

scholarly journals Pelaksanaan Perlindungan Konsumen Obat-Obatan dalam Kefarmasian

2021 ◽  
Vol 2 (1) ◽  
pp. 84-88
Author(s):  
I Putu Rusdi Eka Pratama ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Health Workers ◽  
Healthcare Providers ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Pharmaceutical Services ◽  
Primary Data ◽  
Pharmaceutical Companies ◽  
Goods And Services ◽  
Technological Advances

Technological advances have helped in the discovery of the latest medicines, this has further strengthened healthcare providers. However, this is not the case with consumers (patients). Consumers are less aware of their rights as users of goods and services so that which ones are good and which are bad, and which are really needed, consumers leave completely to competent health workers. This study aims to explain the legal protection of drug consumers for pharmaceutical services and to explain the liability of pharmaceutical companies regarding the losses suffered by drug consumers. This research used empirical law. Primary data sources were obtained by conducting field research with interview techniques and secondary data obtained by library research consisting of primary and secondary legal materials. The results showed that the legal protection of drug consumers in pharmaceutical services, which contains the rights and obligations of consumers as well as the rights and obligations of pharmaceutical companies as business actors. In principle, consumer legal protection is regulated in Law Number 8 of 1999 concerning Consumer Protection, in practice in pharmacies, legal protection for drug consumers is in accordance with applicable regulations and has been effective and conducive, then the responsibility of pharmaceutical companies for consumer losses drugs have provided compensation for material and immaterial damages when consumers are harmed.

scholarly journals MAKING THE CONTENTS OF LETTERS IN THE NOTARIS IN ISLAM'S LEGAL PERSPECTIVE

2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Point Of View ◽  
Primary Data ◽  
Legal Perspective ◽  
The Future ◽  
The Will ◽  
The Ideal ◽  
The Way

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals Executorial Strength of Deed of Peace in Civil Dispute Resolution in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5179-5184
Author(s):  
Endang Hadrian
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Secondary Data ◽  
Comparative Law ◽  
Legal Research ◽  
Legal Principles ◽  
Legal Rules ◽  
Legal Remedies ◽  
Peace Settlement ◽  
Civil Dispute

Civil dispute resolution can be settled through peace institutions with the legal product in form of a deed of peace. However, this institution has not been used by many people even though it provides the civil dispute settlement the executorial strength faster. Thus, it offers no further legal remedies be it in the form of appeals and cassation. Practically, a deed of peace is known to have executorial strength. However, some parties pursue the legal effort despite the peace settlement in the form of the deed of peace. The optimization of the use of the peace institution with executorial strength is expected to solve the problems. This study employed normative legal research with the perspective of legal/ judicial focused on rules/norms of Civil Procedure Law and comparative law through legal principles. It is the study of legal rules which are the benchmarks to behave appropriately. This study was carried out on the norms and principles in the secondary data, which were found in the primary, secondary, and tertiary legal sources.  

scholarly journals The Criminal Offence of Child-on-Child Abuse With a Fatal Outcome

2021 ◽  
Vol 5 (3) ◽  
pp. 271-282
Author(s):  
Cut Firna Salsalia ◽  
Rizanizarli Rizanizarli
Keyword(s):  
Fatal Outcome ◽  
Legal Protection ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Best Interests ◽  
Primary Data ◽  
Criminal Offence ◽  
Legal Research ◽  
Mitigating Factors ◽  
Family Attitude

This research aims to analyse the legal protection for the child offenders in criminal offence of abuse with a fatal outcome, the judge's considerations in imposing imprisonment for the offence and the obstacles in the crime. Data obtained through empirical legal research. This research uses primary data obtained from empirical legal research in the form of interviews with respondents and informants and combines legal materials such as textbooks, theories, laws and regulations which are considered as secondary data. The results of the research showed that the legal protection provided to the child convicts is in the form of identity confidentiality, is treated well during the investigation process, is placed in a special place, the Judges in making considerations always refer to the mitigating factors such as the juvenile's age, the juvenile's mental state, the juvenile's background, the juvenile's family attitude and aggravating things such as a bad juvenile's life history and parents who are unable to educate them.. The things that indirectly hinder the process of settling this case are the parents negligence, lack of cooperation from both parties, and also the influence of gadgets. It is recommended to the law enforcement officers and Juvenile’s Special Development Institute should continue to cooperate in carrying out legal protection for child perpetrators according to applicable rules, the judge before imposing a prison sentence should prioritize the best interests of the child and to parents should contributing better in control the children's behavior.

Tinjauan Pelaksanaan Perjanjian Bagi Hasil Tanah Pertanian Dihubungkan dengan Undang-Undang Nomor 2 Tahun 1960 tentang Perjanjian Bagi Hasil

2021 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Wilda Nurfitriani
Keyword(s):  
Agricultural Land ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Profit Sharing ◽  
Primary Data ◽  
Land Sharing ◽  
Descriptive Research ◽  
Production Sharing ◽  
Library Research

In the Warnasari Village Sukabumi Sub-district Sukabumi District there are still many farmers who carry out agricultural land production sharing agreements (maparo bati) to fulfill their daily needs. Production sharing agreements between landowners and tenants are made orally. The problem that often occurs in production sharing agreements in Warnasari Village is that the cultivators do not report the actual results of the claim to the land owner. The research method used in writing this thesis is a normative juridical approach with analytical descriptive research specifications. The study was conducted with library research supported by field research. Secondary data collection techniques with library research and supported by primary data in the form of interviews which are then analyzed by qualitative juridical methods. Based on the results of the discussion, it can be concluded that the implementation of agricultural land-sharing agreements in the Warnasari Village, Sukabumi Sub-district, Sukabumi District has not yet fully applied the provisions of the Production Sharing Law. In the elucidation of Article 7 of the Production Sharing Law it is determined that the profit sharing balance is 1: 1 but the community uses a 60% balance for tenants and 40% for landowners. Legal protection of landowners in Warnasari Village as a result of verbally sharing agreements on agricultural land is carried out by applying the principles of good faith, reprimanding, and deliberation.Keywords: Profit Sharing Agreement, Agricultural Land, Law Number 2 of 1960.

scholarly journals Perlindungan Hukum kepada Pekerja Outsourcing Tentang Upah (Studi Pada PT. Caterison)

2021 ◽  
Vol 10 (3) ◽  
pp. 631
Author(s):  
Deviera Dika Putri Harlapan ◽  
I Made Sarjana
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
Legal Concept ◽  
Analysis Techniques ◽  
Legal Relationship ◽  
Library Research

Protection of workers with the existence of the Manpower Act is expected to reduce or even eliminate treatment that is considered unfair which is generally carried out by employers to workers. The existence of a Manpower Act which is the legal umbrella for workers which includes wage protection. Writing this journal aims to find out and elaborate more deeply on the legal relationship between outsourcing workers and companies that use outsourcing services and to seek efforts to resolve cases at PT. Caterison. The method used in writing the journal is an empirical legal research method, in this case the Manpower Act with the facts that occurred at PT. Caterison deals with outsourcing workers who are not entitled to payment of their wages. The types of approaches used are the statutory approach, the case approach, and the legal concept analysis approach. The data used are primary data obtained directly from field research and secondary data sourced from library research. In data collection techniques, using descriptive analysis techniques. PT. Caterison as an outsourcing service user signed an agreement and made an agreement with an outsourcing service provider company with the aim of filling some parts of the work within the company. The case began when outsource worker who carried out his duties at PT. Caterison felt he was not entitled to his wages for three consecutive months. This becomes necessary to be resolved because the issue of wages is a sensitive matter. Perlindungan terhadap pekerja dengan adanya Undang-Undang Ketenagakerjaan diharapkan mampu mengurangi atau bahkan menghilangkan perlakuan yang dinilai tidak adil yang umumnya dilakukan oleh pengusaha kepada pekerja. Adanya Undang-Undang Ketenagakerjaan yang menjadi payung hukum untuk pekerja yang didalamnya termasuk ke dalam perlindungan upah. Penulisan jurnal ini bertujuan untuk mengetahui serta mengelaborasi lebih dalam mengenai hubungan hukum antara pekerja outsorcing dengan perusahaan yang menggunakan jasa outsorcing dan untuk mencari upaya penyelesaian kasus yang terdapat pada PT. Caterison. Metode yang digunakan dalam penulisan jurnal yakni metode penelitian hukum empiris, dalam hal ini Undang-Undang Ketenagakerjaan dengan fakta yang terjadi pada PT. Caterison berkenaan dengan pekerja outsorcing yang tidak mendapatkan hak atas pembayaran upahnya. Jenis pendekatan yang digunakan yakni, pendekatan perundang-undangan, pendekatan kasus, serta pendekatan analisis konsep hukum. Dalam penggunaan sumber data, data yang digunakan yakni data primer yang didapatan langsung dari penelitian lapangan dan data sekunder yang bersumber dari penelitian kepustakaan. Dalam teknik pengumpulan data, menggunakan teknik analisis deskripsi. PT. Caterison sebagai pengguna jasa outsourcing menandatangani perjanjian serta membuat kesepakatan dengan perusahaan penyedia jasa outsourcing dengan tujuan mengisi beberapa bagian pekerjaan dalam perusahaan namun bukan pada pekerjaan inti. Kasus bermula ketika pekerja outsourcing yang menjalankan tugasnya pada PT. Caterison merasa tidak mendapatkan hak atas upah nya selama tiga bulan berturut-turutHal ini menjadi perlu untuk diselesaikan dikarenakan permasalahan upah adalah hal yang sensitif.

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