scholarly journals PERLINDUNGAN HUKUM TERHADAP PERKAWINAN PENGANUT SEDULUR SIKEP DI KABUPATEN KUDUS

2016 ◽  
Vol 1 (1) ◽  
pp. 81
Author(s):  
Ceprudin Ceprudin
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Equal Treatment ◽  
The Right ◽  
Improvement Of Legislation

<p><strong>Abstrak</strong><br />Perkawinan adalah hak setiap individu. Dalam peraturan perundang-undangan, perkawinan<br />termasuk peristiwa kependudukan yang harus dicatatkan dalam Administrasi<br />Kependudukan (Adminduk) karena mempunyai akibat hukum tertentu. Meskipun<br />pencatatan perkawinan sudah diatur dalam peraturan perundang-undangan, namun masih<br />ada perkawinan yang belum terlindungi secara hukum. Perkawinan adat penganut Sedulur<br />Sikep di Kabupaten Kudus menunjukkan adanya perkawinan yang belum bisa dicatatkan<br />dalam administrasi kependudukan. Berdasar analisis penelitian ditemukan bahwa tidak<br />bisa dicatatkannya perkawinan penganut Sedulur Sikep di Kabupaten Kudus membuat<br />mereka tidak mendapatkan hak-hak sipil. Karena itu harus ada perbaikan peraturan<br />perundang-undangan yang mengatur tentang pencatatan perkawinan, sehingga perkawinan<br />penganut Sedulur Sikep mendapatkan perlakuan yang sama seperti perkawinan pada<br />umumnya.<br /><br /><strong>Abstract</strong><br />Marriage is basically the right of every individual. In the organic legislation, marriage is<br />regarded as demographic occurrence that must be recorded in the demographic<br />administration. Registration of marriage is important since it precedes certain legal<br />consequences. Although the registration of marriage is already stipulated in the legislation,<br />there is in fact certain marriages that are not properly covered by legal protection. Marriage<br />performed among the traditional community of Sedulur Sikep in Kudus regency is an<br />example of a marriage that can not be registered in the demographic administration. The<br />analysis of this study revealed that the unfeasibility of registration marriage among members of Sedulur Sikep community in Kudus may end up in denial of their civil rights. Therefore, there must be improvement of legislation governing the registration of marriages so that marriage among Sedulur Sikep community may enjoy equal treatment as any other marriage.</p>

scholarly journals NON-JURISDICTIONAL FORMS OF PATENT RIGHTS PROTECTION IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Ruslan B. Sitdikov ◽  
Ravil M. Sadykov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Protection ◽  
Negative Consequences ◽  
Patent Holder ◽  
Self Defense ◽  
Patent Rights ◽  
The Russian Federation ◽  
State Registration ◽  
The Right

This article discusses the features of the implementation of non-jurisdictional forms of protection of civil rights (self-defense, claims, mediation) in relation to patent infringements in the Russian Federation. It is noted that the self-defense of patent rights by classical means in non-contractual legal relations is limited due to the peculiarities of the legal nature of the objects of patent rights, namely because of their intangible nature, the general availability of information about them, the presence of state registration, but it is possible to use special means of self-defense: software and hardware, introduction trade secrets, optimization of patenting and legal protection strategies as know-how. It is concluded that it is necessary to specify the provisions of Articles 1252 of the Civil Code of the Russian Federation and Articles 14.1. - 14.3. Federal Law on the Protection of Competition regarding the assessment of good faith / unfairness of the distribution by the patent holder of warnings about the alleged violation of his rights and apply the approach according to which: the patent holder has the right to protect his exclusive right, and also in case of threat of negative consequences from third parties, to disseminate information about the alleged , in his opinion, a violation of his rights, including against the alleged offender, as well as other persons, including buyers / p purchasers of goods, works, services of the patent holder or the alleged infringer, which in itself is not an act of unfair competition.

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.

On Certain Questions of Circulation of Exclusive Rights and Material Carrier of Objects of Intellectual Property

10.12737/5495 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 5-10
Author(s):  
Марина Рожкова ◽  
Marina Rozhkova
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Legal Protection ◽  
Legal Authority ◽  
Intellectual Activity ◽  
Named Objects ◽  
Exclusive Property ◽  
The Right ◽  
Exclusive Right

The article draws attention to the main sign of intellectual property, which set them apart from other objects of civil rights, their intangible nature. Given this characteristic, it is emphasized that in civil circulation are introduced themselves the objects of intellectual property and exclusive rights to them and physical media that embodies these objects. In addition, the rules of entering into civil turnover for the named objects of civil rights — exclusive rights and material carriers is different. Physical media are differentiated depending on what is the purpose for their creation. If the purpose of fastening of the object of intellectual activity on the material carrier is to obtain the legal protection of this object, it is a primary material embodiment; if the goal is the introduction of a quantity of material carriers — talking about secondary material embodiment. Exclusive (property) rights can be the object of civil transactions in situations where the right holder provides the legal authority: either alienates belonging to him of the exclusive right to fully or allows another person to one of the rights that make up the exclusive right, the right use of the object of intellectual property rights on conditions of the license.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DALAM PROSES GUGAT CERAI (KHULU’) DI PENGADILAN AGAMA PALEMBANG

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Syaifuddin Syaifuddin ◽  
Sri Turatmiyah
Keyword(s):  
Domestic Violence ◽  
Legal Protection ◽  
Divorce Rate ◽  
Self Esteem ◽  
Cultural Factors ◽  
Equal Treatment ◽  
Economic Factors ◽  
High Divorce Rate ◽  
The Right ◽  
The City

Divorce cases in the Islamic Court of Palembang (Pengadilan Agama Palembang) becomes the top of the list, during the year 2009 (72%), 2010 (72%) and 2011 (in June) about 70%. The purpose of this study is to analyze the causes of high divorce rate happening in the city of Palembang, beside to explain the forms of legal protection and analyzes the factors that becoming obstacles for the wife in a filed divorced. The research was conducted with a Normative-Juridical approach which is completed with Empirical Juridical, The location is in the jurisdiction of the Islamic Courts in Palembang (Pengadilan Agama Palembang. Causes of high divorce cases in the city of Palembang, among others: a) economic factors; b) Lack of responsibility; c) a young age and no permanent employment; d) cheating and Unhealthy polygamy as well as domestic violence.  Legal protection towards wives who filed the divorce, in Indonesian legal system has been arranged as equality in law and equal treatment before the law and the right to justice. Barriers toward the wife filing the divorce among others: cultural factors, economic dependence, lack of knowledge, and bias Perspective of judges who tend to blame the women, the long process of trial and expensive fees to be paid, also Over valued self-esteem in Indonesian people's community, as well as women's rights arenot easily executed.                                                                                                   Key words: legal protection, divorce process

scholarly journals Prinsip Hukum Pelayanan Perizinan Terpadu Satu Pintu (PTSP) di Indonesia

2020 ◽  
Vol 2 (2) ◽  
pp. 107
Author(s):  
Pung Karnantohadi*
Keyword(s):  
Civil Rights ◽  
Public Services ◽  
Legal Protection ◽  
Special Treatment ◽  
The Public ◽  
One Stop ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Integrated Service

This research entitled “Law Principle of One-Stop Integrated Service”. The preambule of the 1945 Constitution of the Republic of Indonesia mandated that the objective of the establishment of the Republic of Indonesia was to advance public welfare and educate the life of the nation. The mandate implies that the state is obliged to fulfill the needs of every citizen through a system of government that supports the creation of excellent public services in order to meet the basic needs and civil rights of every citizen of public goods, public services, and administrative services.The philosophical foundation of the obligation of every person to have permission to carry out their activities is contained in the provisions of Article 28J paragraph (1) of the 1945 Constitution of the Republic of Indonesia (Amendment), which aims to respect the human rights of other people in an orderly society, nation and state. In accordance with the provisions of Article 28 Paragraph (2) of the 1945Constitution of the Republic of Indonesia (Amendment), permission is a limitation of one's right to provide facilities to the community in the One Stop Integrated Service (PTSP) in the provisions of Article 28 H paragraph (2) The Republic of Indonesia in 1945 (Amendment), which reads "everyone has the right to receive facilities and special treatment to obtain the same opportunities and benefits in order to achieve equality and justice. The One Stop Integrated Licensing Service is a licensing service model that integrates the authority of the licensing agency, so that legal figures in the One Stop Integrated Licensing Service are legislation that regulates the mapermits,  among  others in  the  form of  regulations regions and  regional  head regulations. Based on the principle of bevogheid zonder verantwoordlijkheid, each permit issuer can be held accountable for the permit issued or rejected, so that the public or applicant can submit legal protection efforts through the judicial institution (State Administrative Court). Legal remedies carried out by permit applicants or the public are also a form of legal protection for permit issuers in measuring the validity of issuing decisions.

scholarly journals Facility under Construction and Investment in Property Maintenance and Improvement as part of the Joint Property of Spouses: Issues of Object Identification and Choice of Protection Method

Lex Russica ◽  
2020 ◽  
pp. 156-163
Author(s):  
E. A. Usacheva
Keyword(s):  
Civil Rights ◽  
Current System ◽  
Legal Protection ◽  
Object Identification ◽  
The Other ◽  
Real Property ◽  
Protection Method ◽  
Under Construction ◽  
The Right ◽  
Joint Property

The purpose of the paper is to classify the buildings built in marriage and investments made in one of the spouses’ property from the viewpoint of the current system of civil rights objects, to determine the appropriate ways to protect the interests of the spouses arising in connection with these objects. The analysis of the norms of civil and family legislation made it possible to identify the problem of legal insecurity of a spouse’s interest in common joint property when reimbursing expenses incurred in connection with his investments into the other spouse’s property maintenance or improvement. The same is true for the acquisition of ownership rights to a building erected during the marriage on a plot of land owned by the other spouse in the absence of primary registration of the right to it. It is established that a direct application of civil law object classification in determining the composition of marital property subject to division, leading to interdependent loss of efficiency of norms of civil and family law (repaying the action of each other), and deprivation of the indicated interests of a spouse legal protection. It is proved that the protection of the interest in compensation for expenses incurred to improve or maintain the personal property of one of the spouses can only be provided by adding a special norm to the Family Code of the Russian Federation that fixes the legality of this interest and determines the method of its protection. The spouse’s interest in acquiring ownership of a building erected during marriage on a plot of land owned by the other spouse, if the primary ownership of the building is not registered, can only be protected by adapting the principles of real property classification to the regime of common joint property of the spouses by expanding the scope of the exception to the principle of incorporation or by introducing an exception to the principle of superficies solo cedit.

The Status of Outside Marriage Children (The Study of Constitutional Court Regulation No. 46/PUU-VIII/2010 on February 27th, 2012 Based on the Fuqaha' Perspective)

2021 ◽  
Vol 2 (3) ◽  
pp. 574-584
Author(s):  
Hamam Hamam
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Constitutional Court ◽  
Biological Father ◽  
Her Family ◽  
Library Research ◽  
Legal Implications ◽  
The Status ◽  
The Right

Fornication is a kind of jarimah (felony) resulting in confusion of the biological father. However, nowadays, there is clarity on the status of the children out of marriage. The Constitutional Court issued a decision of regulation No. 46/PUU-VIII/2010 on February 27th, 2012 about the out wedlock children who have a civil relationship and the blood rapport with their biological father as long as it can be proven biologically. This regulation drives some criticisms from various parties; the pro-side of the Court Regulation will claim it in the term of the doer of the adultery, while the contra-side of the Court Regulation will review it in the term of legalized the adultery. Furthermore, the aims of this study are: First, to know the opinion of jurists' law (fuqaha‟) about the status of the out of wedlock children; Second, to find the legal implications of the out of wedlock children after the application of the Constitutional Court regulation No. 46/PUU-VIII/2010 on February 27th, 2012 based on the Fuqaha' perspective?. Moreover, this study uses the library research. The data are collected through the documentary of the primary and secondary data sources. The collected data are, then, analyzed qualitatively by using the content analysis. The results of this study are: Firstly, This according by the Shafi'i jurists' of four and the ad-Dzahiri the out of wedlock children (bastard) are not related to their biological father, but they are related to their biological mother and her family. Secondly, This according by some groups of Hanafi and Shaykh of Islam Ibn Taymiyah corroborated by ibn Qayyim al-Jauziyyah the wedlock children (bastard) are related to the men as their biological father and their father's family. Thirdly, the Constitutional Court (MK) regulations do not have any legal implications associated on the civil relationships of the out wedlock children (natural children) with their biological father. Moreover, the attitude of the biological father is classified as a jarimah (felony), and it is entitled to a penalty of the ta'zir; it is an obligation to provide the children, which the amount is considered to the fit and proper in accordance income of his; while the other civil rights includes the right of lineage, inheritance, and the rights of guardians. The ta'zir punishments in the provision of livelihood can be executed after the filing of a lawsuit and obtain an order from the Religion Court. The provision of the living is solely to satisfy the justice and legal protection for the interests of children's rights.

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.

Change and Continuity in the Concept of Civil Rights: Thurgood Marshall and Affirmative Action

1991 ◽  
Vol 8 (2) ◽  
pp. 150-171 ◽  
Author(s):  
Mark Tushnet
Keyword(s):  
Civil Rights ◽  
Fourteenth Amendment ◽  
Equal Treatment ◽  
Social Rights ◽  
Clear Understanding ◽  
Political Rights ◽  
Political Actors ◽  
Domains Of Life ◽  
The Right ◽  
Historical Accounts

In analyzing the development of the concept of civil rights since the adoption of the Fourteenth Amendment, two historical accounts seem available. According to the first account, the concept initially encompassed a relatively limited set of rights, associated with the ability of all citizens to engage in the productive activities of the economy and avail themselves of the protection of the legal system. Then the concept gradually expanded to include what had initially been thought of as political rights, such as the right to vote, and then to identify the entire set of rights to equal treatment in all domains of life outside a relatively narrowly-defined private sphere. According to the second account, the concept of civil rights was fuzzy from the outset; although political actors spoke as if they had a clear understanding of distinctions among civil, political, and social rights, close examination of their language shows that the distinctions tended to collapse under slight pressure.

scholarly journals Perlindungan Hukum bagi Penyandang Disabilitas dalam Angkutan Udara

2021 ◽  
Vol 2 (1) ◽  
pp. 161-165
Author(s):  
Priscila ◽  
Ni Luh Made Mahendrawati ◽  
I Ketut Sukadana
Keyword(s):  
Legal Protection ◽  
People With Disabilities ◽  
Air Transportation ◽  
Equal Treatment ◽  
Special Treatment ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Positive Law ◽  
The Government ◽  
The Right

Transportation is currently divided into three types, namely land transportation, sea transportation and air transportation. Nowadays, many people prefer to use air transportation since air transportation can travel long distances in a relatively shorter time. However, it is not infrequently for airlines to cause losses to consumers, especially to people with disabilities.  Where as fact people with disabilities should get special treatment. Therefore, these problems can be examined as follows: 1) how is the legal protection for people with disabilities in the positive law in Indonesia? 2) What is the regulation of the rights of consumers with disabilities as airplane passengers? This presentation used normative research methods to find whether there are legal rules according to legal norms or not, whether there are norms in the form of orders or prohibitions in accordance with legal principles or not and whether one’s actions are in accordance with legal norms or not by using a legal and conceptual approach. This research required a source of secondary legal material as the main legal material. People with disabilities have the right to receive special services and facilities while at an airport or aircraft. The government has made legislation as a form of legal protection for people with disabilities. Nevertheless, the government must be more assertive in order to avoid discrimination against people with disabilities. Furthermore, it is not only the government that must provide legal protection for people with disabilities but also the community. The community must change the mindset about people with disabilities who are considered unable to do anything, and they must help people with disabilities to get equal treatment before the law.

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