scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals Penegakan Hukum Pajak Melalui Penggunaan Sandera Pajak Dalam Penagihan Utang Pajak Di Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 73-81
Author(s):  
Yeni Nur Arifin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
State Revenue ◽  
Finance Development ◽  
The Law ◽  
The Government

Taxes make a major contribution to the source of state revenue which is used to finance development in Indonesia. However, there are still many taxpayers / tax insurer who are not compliant in paying taxes. The problems in this study are why the government uses tax hostages in collecting tax debts, how hostages are used as a means of force in collecting tax debts and how hostage-taking is viewed from a juridical aspect. The research method used in this research is normative legal research method. The result of the research is that there are several factors that become the reasons for tax hostage taking. The government (fiskus) in collecting tax debt with tax hostages has been carried out in accordance with the provisions of the law. Based on the aspect of legal certainty, tax hostages in Indonesia already have a legal umbrella, namely Law no. 9 of 2000 and several other regulations. From the aspect of justice, legal protection is provided to taxpayers / tax insurer who are subject to tax hostages. From the benefit aspect, the application of tax hostages is beneficial in increasing taxpayer compliance.

scholarly journals Perbandingan Hukum Peradilan Tata Usaha Negara dan Verwaltungsgerecht sebagai Perlindungan Hukum Rakyat

2019 ◽  
Vol 21 (1) ◽  
pp. 1-22
Author(s):  
Dani Habibi
Keyword(s):  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Court System ◽  
Legal Research ◽  
Judicial Process ◽  
Comparison Approach ◽  
The Difference ◽  
The Government

Permasalahan hukum yang akan dibahas dalam tulisan ini mengenai gambaran sistem Peradilan Tata Usaha Negara Jerman dan Peradilan Tata Usaha Negara di Indonesia. Sistem Peradilan Tata Usaha Negara Jerman pada hakikatnya sama dengan sistem Peradilan Tata Usaha Negara di Indonesia. Sistem tersebut dapat dilihat dari adanya jenjang sistem peradilan mulai dari tingkat pertama, tingkat banding, dan tingkat akhir atau kasasi. Selain itu akan diulas berkaitan dengan proses peradilan, dasar-dasar dilakukannya gugatan yang diajukan terhadap pemerintah serta cara pelaksanaan proses peradilan tata usaha negara di masing-masing negara. Metode penelitian adalah penelitian hukum normatif dengan pendekatan peraturan perundang-undangan dan perbandingan hukum. Tujuan dari penelitian ini untuk mengetahui sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta mengetahui perbedaam sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta melakukan suatu pembaruan sistem Peradilan Tata Usaha Negara di Indonesia sebagai bentuk suatu perlindungan hukum kepada rakyat A Comparative Law of Administrative Court and Verwaltungsrecht as a Form of Legal Protection to People Legal issues that will be discussed in this paper regarding the description of the Germany Administrative Court system and the Indonesia Administrative Court system. Generally, There are similarities between the Administrative Court system in Germany and in Indonesia. It can be seen from the level of the justice system starting from the first level, the appeal level and the final level or cassation. In addition, this paper will review the judicial process, the basics of lawsuit against the government and how to implement the state administrative court processes in each country. The research method is normative legal research with legislation and legal comparison approach. The purpose of this research is to find out the Administrative Court System and to know the difference between the Administrative Courts System both in Indonesia and in Germany and also to reform the Administrative Court system in Indonesia as a form of legal protection for people.

scholarly journals Granting Business License to Fuel Traders “Pertamini” As a Form of Legal Protection

2021 ◽  
Vol 3 (1) ◽  
pp. 155-170
Author(s):  
Nirwan Junus ◽  
Karlin Zakaria Mamu ◽  
Mohamad Syahnez W. Aditya Cono
Keyword(s):  
Research Method ◽  
Oil And Gas ◽  
Legal Protection ◽  
Legal Basis ◽  
Legal Research ◽  
Legal Problems ◽  
The Law ◽  
The Government ◽  
Formal Business

Oil and Gas plays an important role in the fulfillment of fuel needs from both the industrial and transportation sectors. This regulation on Oil and Gas has provided a legal basis in its implementation.  The presence of retail fuel businesses "Pertamini" is causing legal problems, this is because the existence of these businesses do not have a formal business license at all.This paper analyzes the sale of fuel under the brand "Pertamini" which does not have a business license. This research uses normative legal research method with statute approach and conseptual approach.The results showed that, with the increasing number of "Pertamini" fuel traders without a license, it will certainly have implications for the law and uncontrolled management of Oil and Gas. Therefore, the government and related agencies can issue permits to "Pertamini" fuel traders. Because by obtaining a legal business license, in terms of its management can be carried out optimal supervision to prevent the occurrence of fuel misuse. This also includes efforts to provide certainty and legal protection to "Pertamini" Fuel Traders.

scholarly journals Kedudukan Hak Angket sebagai Fungsi Pengawasan terhadap Penyelenggaraan Negara

2020 ◽  
Vol 2 (2) ◽  
pp. 113-122
Author(s):  
Sri Amlinawaty Muin
Keyword(s):  
House Of Representatives ◽  
Research Method ◽  
Legal Research ◽  
Research Results ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Council House

Tujuan Penelitian untuk menganalisis kedudukan hak angket sebagai fungsi pengawasan terhadap penyelenggaraan negara. Metode Penelitian yang digunakan adalah metode penelitan hukum mormatif. Hasil penelitian bahwa  Hak Angket Dewan Perwakilan Rakyat (Pasal 20A ayat (2)) mengatur dan merekomendasikan diatur dengan Undang-Undang dengan asumsi dan dengan keinginan Dewan Perwakilan Rakyat dalam Sistem Pemerintahan Presidensil adalah juga Parlemen harus punya hak sebagai bagian dari Fungsi Pengawasan yang dimiliki Dewan Perwakilan Rakyat. Hasil Penelitian menunjukkan penggunaannya cenderung royal bahkan sasarannya melebar menjadi alat penekan terhadap Pemerintah. Ini terjadi sebagai akibat belum diaturnya dalam Undang-Undang tentang Hak Angket. The purpose of the study was to analyze the position of the questionnaire right as a function of supervision of state administration. The research method used is a normative legal research method. The results of the study that the House of Representatives' Questioning Rights (Article 20A paragraph (2)) regulates and recommends are regulated by law with the assumption and with the wishes of the House of Representatives in the Presidential Government System that the Parliament must have the right as part of the Oversight Function owned by the Council House of Representatives. Research results show that their use tends to be royal even the target is widening to be a pressure tool on the Government. This happened as a result of not having been regulated in the Law on Questionnaire Rights.

scholarly journals Perlindungan Hukum bagi Pekerja Penyandang Disabilitas pada PT. Sumber Alfaria Trijaya

2020 ◽  
Vol 1 (2) ◽  
pp. 116-121
Author(s):  
I Wayan Tika Tambunan ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Research Method ◽  
Legal Protection ◽  
People With Disabilities ◽  
Legal Research ◽  
Persons With Disabilities ◽  
The Law ◽  
The Government ◽  
Retail Company

At present, there are cases of persons with disabilities being employed in a retail company in the Bali area. The Manpower Act provides provisions for companies to employ people with disabilities. Therefore, companies are required to provide accessibility. This research was conducted with the aim of describing the implementation of legal protection for workers with disabilities at PT. Sumber Alfaria Trijaya based on Law Number 13 2003 and the factors that become obstacles in the application of legal protection for workers with disabilities at PT. Source Alfaria Trijaya. The research method used is an empirical legal research method with a factual approach and a statutory approach. Based on the results of data analysis, the implementation of legal protection provided by PT. Sumber Alfaria Trijaya towards workers with disabilities has not been fulfilled, namely in terms of providing qualified accessibility. Several factors inhibiting the implementation of legal protection efforts for workers with disabilities, namely the law enforcement factor itself and the community factor. So the government is expected to further optimize the supervision of companies that have not implemented the mandate of the law and provide socialization and guidance to companies and workers on the importance of rights and obligations.

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan

2021 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Asri Elies Alamanda ◽  
Darminto Hartono
Keyword(s):  
Research Method ◽  
Deposit Insurance ◽  
Legal Protection ◽  
Legal Research ◽  
Central Java ◽  
The Government ◽  
Special Region

The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.

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