scholarly journals LEGAL PROTECTION ON APARTMENT UNIT PURCHASER IN RELATED TO THE OWNERSHIP

2018 ◽  
Vol 3 (1) ◽  
pp. 25
Author(s):  
Athalia Saputra
Keyword(s):  
Legal Protection ◽  
Legal Issues ◽  
Legal Principles ◽  
Legal Rules ◽  
Legal Provisions ◽  
Legal Remedies ◽  
Proof Of Ownership ◽  
Deductive Method ◽  
Binding Agreement ◽  
Standard Character

The sale and purchase's binding agreement is often becomes a temporary hold for buyer of apartment units over the years. In every sale and purchase's binding agreement always made by developer only, beside that sale and purchase's binding agreement had a standard character and not detail, because there are still many things to be done in the process of splitting certificate. But this is becoming a sudden concern for developers, how if something wrong happens with the developer. every buyer has no proof of ownership yet. It is a dangerous thing for buyer. Proof of ownership to buyers is sale and purchase’s agrrement who made by Pejabat Pembuat Akta Tanah in Indoensia. Research conducted using normative juridical research, which faces legal issues with the process of discovering legal rules, legal principles, and legal doctrines relating to the issue of law. In this study used deductive method that begins from the things that are common then applied to the formulation of the problem and can produce answers that are specific and legitimate. Based on the results of research, from the various rules of law, doctrine, In Indonesia regulates the legal provisions for buyers where buyers can apply for legal remedies through courts of law in Indonesia. The regulation which regulated are Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen dan Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun.

scholarly journals Legal Remedies for Judicial Review for Investigators of Pretrial Decisions Regarding the Invalidity of the Order to Terminate the Investigation in the Perspective of Law Enforcement with Certainty

2021 ◽  
Vol 8 (10) ◽  
pp. 355
Author(s):  
Eko Wiyono ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Bambang Sugiri
Keyword(s):  
Law Enforcement ◽  
Judicial Review ◽  
Criminal Procedure ◽  
Legal Issues ◽  
Legal Research ◽  
Legal Principles ◽  
Legal Rules ◽  
Legal Remedies ◽  
Procedure Code ◽  
The Future

Arrangements regarding legal remedies that can be submitted by investigators against the judge's decision regarding investigative actions in the form of terminating the investigation with the issuance of an Investigation Termination Order (SP3) in pretrial cases. Law No. 8/1981 on the Criminal Procedure Code was not expressly enforced. This article aims to identify legal remedies against pretrial decisions regarding the invalidity of the Termination of Investigation Order (SP3) in the future. This paper is normative legal research, namely the process of finding legal rules, legal principles, and legal doctrines to address legal issues at hand. The result of this study is the arrangements regarding extraordinary legal remedies in the form of a judicial review of criminal decisions that have permanent legal force and are not acquitted or released from all previous legal claims before the entry into force of the Criminal Procedure Code that have been regulated can also be submitted by interested parties. Necessary to reconstruct the regulation of legal remedies against pretrial decisions, especially extraordinary legal remedies in the form of reconsideration, especially by investigators as parties who are very interested in the action.

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 Perlindungan Hukum Bagi Pemulia Varietas Tanaman (Petani) Pasca lahirnya Undang-Undang Nomor 22 Tahun 2019 tentang Sistem Budi Daya Pertanian Berkelanjutan

2021 ◽  
Vol 8 (3) ◽  
pp. 867-880
Author(s):  
Muhammad Ihsan
Keyword(s):  
Intellectual Property ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
New Variety ◽  
Legal Rules ◽  
Legal Provisions ◽  
Plant Variety ◽  
The Republic ◽  
The Government

Pemuliaan tanaman menghasilkan sebuah varietas baru tanaman merupakan salah satu bagian dari Hak Kekayaan Intelektual (HKI) yang kemudian diatur sesuai dengan ketentuan akan hukum yang berlaku di Indonesia yang bertitik tolak dari ketentuan GATT/TRIPs. Kemudian bagaimana upaya yang dilakukan oleh Pemerintah Republik Indonesia guna melindungi hak-hak yang di miliki oleh Petani Kecil, lebih lanjut kita juga dapat melihat bagaimana pengaturan yang dilakukan oleh aturan hukum internasional guna melindungi Kepentingan Petani Kecil.Kata kunci : Perlindungan Hukum, Pemuliaan Varietas Tanaman, Pemuliaan, Petani Plant breeding to produce a new variety of plants is one part of the Intellectual Property Rights (IPR) which is regulated in accordance with the applicable legal provisions in Indonesia which start from the provisions of GATT / TRIPs. Then how are the efforts made by the Government of the Republic of Indonesia to protect the rights of Smallholders. Furthermore, we can also see how the arrangements are made by international legal rules to protect the Interests of Smallholders.Keywords: Legal Protection, Plant Variety Breeding, Breeding, Farmers

scholarly journals Doctor in the sky: Medico-legal issues during in-flight emergencies

2017 ◽  
Vol 17 (1-2) ◽  
pp. 65-98 ◽  
Author(s):  
Marcus Wong
Keyword(s):  
United States ◽  
United Kingdom ◽  
Legal Protection ◽  
Case Law ◽  
The United States ◽  
Legal Issues ◽  
The United Kingdom ◽  
Legal Provisions ◽  
Medical Emergencies

More people are travelling by air and in-flight medical emergencies are becoming more common. Some in-flight emergencies require assistance from passenger doctors who act as good Samaritans in the sky. Their liability and the associated medico-legal issues of providing assistance in mid-flight emergencies are unknown. Although provisions exist in theory about good Samaritans on the ground, it is unclear to what extent these doctrines are applicable to good Samaritans in the sky. This article examines the obligations, liability and legal protection of doctors when acting as good Samaritans in mid-flight emergencies, regardless of their nationalities. It examines the jurisdiction, existing legislations, case law in the United Kingdom and compares with their equivalence in the United States and to some extent, with the legal provisions in France. In addition to in-flight emergencies, this article reviews airlines’ liability for injuries sustained by passengers during flight. It is concluded that doctors’ liability is unclear and uncertain, their legal protection is inadequate and inconsistent; airlines’ liability is restricted by the courts. Reforms proposed include legislative enactment and extension of commercial airliners’ insurance to accord the deficient legal protection.

scholarly journals Modus Operandi Tindak Pidana Phising Menurut UU ITE

2021 ◽  
Vol 4 (6) ◽  
pp. 2525
Author(s):  
Vikran Fasyadhiyaksa Putra Y
Keyword(s):  
Secondary Data ◽  
Point Of View ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
Legal Principles ◽  
Legal Rules ◽  
The Law

AbstractPhishing is an act to commit fraud by tricking the target with the intention of stealing the target's account, by spreading broadcasts which are often carried out through fake emails with fake information that directs the target to a fake page to trap the target so that the perpetrator gets access to the victim's account. Phishing still has some obscurity, especially in the modus operandi of the perpetrator. Therefore, this research aims to analyze and explain the modus operandi of the criminal act of phishing according to the ITE Law. This research is a normative legal research. Because the writing of this research in seeking the truth in order to answer legal issues raised by the author uses secondary data to find legal rules, legal principles, and legal doctrines, and tends to image law as a perspective discipline, which means that only see the law from the point of view of the norms only, which of course is prescriptive. This approach uses a statute approach, a conceptual approach and a case approach.Keywords: Phishing Crime; Cyber; Operandi Mode.AbstrakPhising adalah suatu perbuatan untuk melakukan penipuan dengan mengelabui target dengan maksud untuk mencuri akun target, dengan cara menyebarkan broadcast yang seringkali dilakukan melalui email palsu dengan muatan informasi palsu yang mengarahkan target ke halaman palsu untuk menjebak target sehingga pelaku mendapatkan akses terhadap akun korban, Secara ringkas Perbuatan phising masih memiliki beberapa kekaburan terutama pada modus operandi pelaku. Oleh karena itulah penelitian ini bertujuan untuk menganalisis dan menjelaskan terkait modus operandi Tindak pidana Phising menurut UU ITE. Penelitian ini merupakan penelitian hukum normatif. Karena penelitian ini dalam mencari kebenaran guna menjawab isu hukum yang diangkat penulis menggunakan data sekunder untuk menemukan suatu aturan-aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum, dan cenderung mencitrakan hukum sebagai disiplin prespektif, yang berarti hanya melihat hukum dari sudut pandang norma-normanya saja, yang tentunya bersifat preskriptif. Pendekatan ini menggunakan pendekatan undang-undang (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Kata Kunci: Tindak Pidana Phising; Siber; Modus Operandi.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PETUGAS LEMBAGA PEMASYARAKATAN DALAM PELAKSANAAN TUGAS PENGAMANAN PADA LAPAS KLAS IIA PADANG

2019 ◽  
Vol 1 (4) ◽  
pp. 414-425
Author(s):  
Ernawati M.H
Keyword(s):  
Correctional Officers ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Codes Of Ethics ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Legal Rules ◽  
Existing Problems ◽  
Security Officers ◽  
Legal Provisions

Legal protection against Correctional Officers in carrying out security duties is based on Law No. 12 of 1995 concerning Correctional Services. Given the risks posed by security duties at Correctional Institutions, the Security Officers need to be given legal protection so that the aims and objectives of implementing security tasks can be achieved. which in turn the correctional goals themselves can be realized. With such a background, there are two main problems in implementing legal protection against correctional officers, namely: First What is the legal protection of Correctional Officers in the implementation of security duties at the Padang Class IIA Correctional Institution? Second What are the Constraints of Constraints encountered in the Implementation of Legal Protection for Correctional Officers in the Implementation of the Duty of Security at the Padang Class IIA Correctional Institution? The implementation of legal protection in terms of answering the existing problems, which is seen in the implementation in Padang Class IIA Lapas can be understood that the legal protection of correctional officers in Lapas Klas IIA Padang is carried out based on legal provisions regarding correctional facilities. In this case Padang Class IIA Lapas provides legal protection to correctional officers in carrying out security duties carried out in accordance with applicable legal rules concerning correctional duties and legal rules regarding security itself. The rule of implementative law regarding correcting about safeguards refers to legal rules regarding correctional codes of ethics and legal rules concerning the security of prisons regulated in Permenkumham Number M.HH-16.KP.05.02 of 2011 concerning the Code of Conduct for Correctional Staff and Permenkumham No. 33 of 2015 concerning Security at Penitentiary Institutions and State Detention Houses. The implementation of legal protection against correctional officers in carrying out security duties is carried out based on these legal rules, so that legal protection for correctional officers can be provided in the event that correctional officers carry out security duties based on applicable legal rules.

scholarly journals KEBIJAKAN EQUITY CROWDFUNDING DALAM RANGKA INOVASI PENDANAAN BAGI USAHA MIKRO KECIL MENENGAH (UMKM)

2020 ◽  
Vol 1 (1) ◽  
pp. 115
Author(s):  
Luluk Nurmalita
Keyword(s):  
Financial Burden ◽  
Legal Issues ◽  
Policy Governance ◽  
Legal Principles ◽  
Legal Rules ◽  
Equity Crowdfunding ◽  
Medium Enterprise ◽  
The Government ◽  
Good Policy ◽  
Growth Indicator

One of the growth indicator of a country  is the existence of  Small and Medium Enterprise (SMEs) that  able to develop and become the foundation of society’s economy. SMEs in Indonesia struggle in financial limitation. The financial limitation can be solved by proposing funding to bank or another lending-based financial instition that in fact give another financial burden to SMEs and decrease their profit potentials. The government issued Peraturan Otoritas Jasa Keuangan No. 37/POJK.04/2018 about equity crowdfunding   through   information   technology-based   stock   offering.   Through   the   policy   of equity crowdfunding,  the  government  might  expect  SMEs  able  to  compete  without  financial  constraints. Nevertheless, the law protection to equity crowdfunding users has not met aspect of law certainty and justice value. It is because there was no guarantee for both the crowdfunders and  users  in  their  investment security. These problems must be concerned by the government through implementing the governance of policies that pro ide legal certainty and  justice value to equity crowfunding participants.  The  existence of good policy governance will encourage  the development  of SMEs to become  competitive startups.   The  type   of  research  is  juridicial   normative  as  the  process  of  finding  legal   rules,   legal principles, and legal doctrines in order to answer the legal issues that faced by society. The analysis approach to support this type of research is the legislation approach and concept approach by examining primary legal materials in the form of legislation and secondary legal materials in the form of literature and academic journals.

scholarly journals State Civil Apparatus in Indonesia in the Conception of Welfare State: A Study of Legal Material Law Number 5 Year 2014 on State Civil Apparatus

2019 ◽  
Vol 15 (3) ◽  
pp. 64
Author(s):  
Mukmin Muhammad ◽  
La Ode Husen
Keyword(s):  
Welfare State ◽  
Social Development ◽  
Good Governance ◽  
Legal Protection ◽  
The State ◽  
Development Economic ◽  
Legal Principles ◽  
Legal Rules ◽  
The Government ◽  
Development Tasks

In essence every form of government interference must be based on legislation that applies as a principle of legality, which is the main joint law of the State. However, because there are limitations to this principle or because of weaknesses and shortcomings in the laws and regulations, the government is given freedom. Freies Ermessen, namely the freedom of the government to be able to act on its own initiative in solving social problems. Freies Ermessen raises opportunities for conflicts of interest, in order to avoid or minimize violations of citizens' rights, hence increasing legal protection for deviant state administration (Verhoogde Rechtsbescherming) in the form of "Algemene Beginselen Van Behoorlijk Bestuur" or general principles of good governance. The task of government is carried out in the framework of the implementation of the general functions of government which includes institutional, personnel and management utilization. Whereas in the implementation of certain development tasks carried out in the context of implementing certain development tasks carried out through nation-building (cultural and political development) as well as through economic and social development (economic and social development) which is directed at increasing the welfare and prosperity of the entire community, Law Number 5 Year 2014 on state civil apparatus as the basis for regulating the state civil apparatus in each of its implementation policies prioritizes the foundation of legislation, propriety and justice. The method of research is normative legal research methods, namely the study of legal principles legal rules which are standards for behaving or behaving. This research can be carried out (especially) on primary and secondary legal materials, as long as the materials contain legal rules, because not every article in a law, for example, contains legal rules; there are articles which are only limits as commonly found in the general provisions of the legislation. Research on legal principles is a philosophical study because the legal principle is an ideal element of law. Goals: The purpose of this research is to make the state civil apparatus understand the concept of the welfare state, the use of discretionary power (Freies ermessen), understand the principles that limit the actions of state civil apparatus to avoid corruption and collusion and nepotism in realizing people's welfare in Indonesia. Novelty/Improvement: This article discusses the study of law regarding the position of Civil Servants in Indonesia based on Law Number 5 Year 2014 on State Civil Apparatus. Concerning state civil apparatus which is associated with principles general good governance, this research article is also expected to be able to provide information for readers to be able to realize the state civil apparatus free from the practice of collusion, corruption and nepotism in realizing good governance in Indonesia in the conception of welfare state.

THE RIGHTS OF THE ENTREPRENEUR UNDER AUDIT TO USE PROTECTION MEASURES BEFORE AN ADMINISTRATIVE COURT

2020 ◽  
Vol 1 (XX) ◽  
pp. 227-243
Author(s):  
Ewa Śladkowska
Keyword(s):  
Economic Activity ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Order ◽  
Protection Measures ◽  
Legal Provisions ◽  
Legal Remedies ◽  
Special Means ◽  
Constitutional Tribunal ◽  
Individual Actions

The article presents the institution of appeal which is a special means of legal protection vested in the entrepreneur during the control of economic activity conducted against him. This measure was introduced into the Polish legal order on 7 March 2009. It enables the entrepreneur to appeal to a higher authority specifically indicated in the legal provisions of individual actions taken and performed by the inspection authority during the inspection. This extremely important legal regulation guaranteeing the protection of entrepreneurs’ rights is extremely complicated and gives rise to serious legal discussions in the literature and jurisprudence of administrative courts, it has also been analyzed by the Constitutional Tribunal. The article presents the main elements of the institution, focusing on legal remedies that an entrepreneur can use before an administrative court. These include a complaint about the decision upholding the decision of the first instance authority on continuing the inspection activities and a complaint about the protracted conduct of the inspection.

scholarly journals The Protection of Foreigners in International Law

2021 ◽  
Vol 2 (1) ◽  
pp. 18-24
Author(s):  
Ferry Eka Rachman
Keyword(s):  
International Law ◽  
Legal Protection ◽  
State Sovereignty ◽  
State Responsibility ◽  
Citizenship Status ◽  
Sovereign State ◽  
Legal Principles ◽  
Legal Provisions ◽  
International Court ◽  
Main Basis

This research aims to find out legal protection against foreigners and citizens who lives outside their nationality country. In discussing the issue of international legal protection against foreigners, a doctrinal approach and international court practice is used. From the opinion of international legal experts, it will be found legal principles and theories regarding the position of individuals as subjects of international law. The principles of citizenship are the main basis for the application of the principle of jurisdiction and country responsibility towards its citizens and foreigners.The results are, In principle, every country will be responsible for providing legal protection to every citizen of the country wherever he/she is and foreigners will receive legal protection, under certain limitations, both from the country where he/she is temporarily located and from the country of origin. Thus, a person's citizenship status is closely related to the protection of international law that will be given to him/her, against him/her, his/her property and family. The application of the principle of state responsibility against citizens abroad or foreigners is based more on the principle of state sovereignty. A sovereign state will apply its national laws to its citizens within its territorial boundaries. Apart from that what applies is legal provisions of other countries or provisions of international law.

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