scholarly journals MAKNA MEDIASI DALAM UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2021 ◽  
Vol 7 (1) ◽  
pp. 91-114
Author(s):  
Sudjana Sudjana
Keyword(s):  
Supreme Court ◽  
Dispute Settlement ◽  
Criminal Cases ◽  
Legal Research ◽  
Normative Approach ◽  
Legal Consequence ◽  
Court Proceedings ◽  
Alternative Dispute Settlement ◽  
Civil Dispute

Art. 95(4) Law No. 28 of 2014 re. Copyright determines that mediation should be the preferred choice to settle copyright disputes, including those that relates to piracy and plagiarism. The issue to be discussed here is what would the legal consequence be in case this alternative dispute settlement is not utilized by disputants. This problem will be discussed using a juridical normative approach. Here, mediation is understood in the context of Law No. 30 of 1999 re.  Arbitration and Alternative Dispute Settlement and Supreme Court Regulation No. 1 of 2016 re. Mediation Procedure in Court Proceedings. The main finding of this legal research is that mediation, by law, should be offered in court or may be used out of court at any time by disputants, in civil dispute (claim for compensation) as well in criminal cases.  Non utilisation does not have as consequence the cessation of existing court proceedings.

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 Problematics of Simple Lawsuit Implementation To Reduce Civil Cases In Supreme Court

AL-HUKAMA ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 171-194
Author(s):  
Bambang Sugeng ◽  
Zahry Vandawati Ch.
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Simple System ◽  
State Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Civil Cases ◽  
Court Proceedings ◽  
Court Process

This research has purpose to analyze the implementation of a simple lawsuit settlement to reduce the accumulation of civil cases in the Supreme Court. Also to analyze the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases and investigate the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases. This research is normative legal research that used the approach of statute approach and conceptual approach. The result of this research indicated that the implementation of simple lawsuit mechanismin court process could be quite helpful for citizen to settle the civil cases on state court with a quick process, simple system and low cost. In the context of implementing a simple lawsuit mechanism in court proceedings, there are several obstacles and have not maximally utilized in society, such as the minimum limit for the value of material claims is at most Rp. 200,000,000.00 (two hundred million rupiahs).

scholarly journals JURIDIS ANALYSIS OF CONFLICT COMPETENCY OF BUSINESS DISPUTE SETTLEMENT THROUGH ARBITRATION AND GENERAL JUSTICE IN STOCK OWNERSHIP

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Edi Prayitno ◽  
Martin Roestamy
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
District Court ◽  
Court Decisions ◽  
Legal Research ◽  
Actual Case ◽  
Arbitration Clause ◽  
Investment Agreement

This Thesis was written based on the result of legal research that analyzes conflict of business dispute resolution between arbitration and litigation in accordance with the applicable regulation and court decisions which have acquired permanent legal force. The method used in this legal research is normative legal methods. The study of literature as a basis of the research and according to Law Number 30 Years 1999 about Arbitration and Alternative Dispute Resolution, in Article 3 and Article 11 of the Law have expressively stated that District Court does not have the authority to adjudicate disputes between the parties that bound by the arbitration agreement. The result of this legal research is that arbitration clause as stated in business investment agreement that should be absolute competencies to resolve the dispute, but the Decision of District Court Judges which have been strengthened by Supreme Court of Indonesia expressively stated that the court has the authority to check and adjudicate the dispute even it has arbitration clause or arbitration agreement with the reason that the dispute is a tort and there are another parties beside the party who sign the Investment Agreement, in the suit. The court attitude that adjudicate the dispute with arbitration clause lead to conflict of competency and never ending adjudication process of business dispute. From the actual case that researcher has been analyzes, researcher suggest that Supreme Court of Indonesia as the highest judicial body must respect arbitration body by rejecting all of the civil cases that have arbitration clause on its agreement. Law Number 48 Years 2009 about Judicial Power stated that non-litigation dispute resolution is conducted through arbitration or alternative dispute resolution. Based on pacta sun servanda and choice of forum principles on the agreement binding to the parties and must be obeyed by the parties.KeyWord : : Arbitration Clause, Pacta Sun Servanda Principle, Business.

scholarly journals Tinjauan Yuridis Pengajuan Permohonan Peninjauan Kembali pada Perkara Pidana dalam Sistem Hukum Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 99-105
Author(s):  
I Made Widi Adi Peremana ◽  
A. A. Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Constitutional Court ◽  
Criminal Cases ◽  
Legal Research ◽  
Procedure Code ◽  
Library Research ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Republic

The study of this research is the submission of requests for reconsideration in criminal cases in the Indonesian legal system which became a polemic after the issuance of the Constitutional Court Decision Number 34 / XI-PUU / 2013 and Circular Letter of the Supreme Court (SEMA) Number 7 of 2014 concerning Submission of Reappeals in Cases Criminal. The research objectives to be achieved, in this case, are the regulation of legal reconsideration efforts in Indonesia and the procedure for submitting a request for review in the Indonesian system. Researchers use a normative juridical approach or library research or doctrinal legal research which can be interpreted as legal research by examining library materials and secondary materials. This study illustrates that the regulations for reconsideration in the legal system in Indonesia are based on various regulations, namely Law Number 8 of 1981 concerning the Criminal Procedure Code, Law No. 3 of 2009 concerning the Supreme Court, Law no. 48 of 2009 concerning Judicial Power, Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Review of Criminal Cases and Submission of Reconsiderations at this time refers to the provisions of the Circular Letter of the Supreme Court of the Republic of Indonesia No. 7 of 2014 concerning Reconsideration in Criminal Cases.  

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 KAJIAN HUKUM TERHADAP PUTUSAN MAHKAMAH AGUNG ATAS PERKARA NO.825K/PDT.SUS-PHI/2015 TENTANG PEMUTUSAN HUBUNGAN KERJA KARENA ALASAN EFISIENSI

2018 ◽  
Vol 1 (1) ◽  
pp. 758
Author(s):  
Andika Pramana Putra ◽  
Rasji .
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Legal Research ◽  
Severance Pay ◽  
Court Judge ◽  
The Supreme Court ◽  
Court Proceedings ◽  
The Many

At this time layoffs for efficiency reasons are still a polemic because there are two different interpretations caused by the provisions of Article 164 Paragraph (3) of the Manpower Law. This raises problems in Manpower so it needs to be investigated in this paper is whether in case No.825K / Pdt.Sus-PHI / 2015 has been in accordance with the efficiency criteria set by Law Number 13 Year 2003 on Manpower. The research method used in this writing is the method of normative legal research. Based on the results of the analysis that layoffs for efficient reasons is one of the reasons of the many causes of layoffs provided for in Article 164 of the Manpower Act. In the case of No.825K / Pdt.Sus-PHI / 2015, the layoffs made by PT. PG. Gorontalo Unit PG. Tolangohula, to employees of Cindra Husain is not in accordance with the provisions set forth in Article 164 paragraph (3) of the Manpower Act specifically regulating the Amount of Severance Pay as it does not take into account the Wages of Workers during the Court proceedings. This is corroborated by the Supreme Court Judge declining the appeal of the cassation and the company is considered to have committed acts contrary to the Manpower Act.

scholarly journals EKSISTENSI PERSIDANGAN ONLINE DITENGAH PANDEMI COVID19 DALAM PERKARA PIDANA DI INDONESIA

2021 ◽  
Vol 13 (2) ◽  
pp. 320
Author(s):  
Hanafi Hanafi ◽  
Muhammad Syahrial Fitri ◽  
Fathan Ansori
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Legal Research ◽  
Legal Norms ◽  
Procedural Law ◽  
Procedure Code ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
Two Alternatives

Following the background, the problems in this study are, first, the mechanism for implementing procedural law in E-Court for criminal cases in Indonesia, secondly how E-Court accommodates the process of proof in criminal cases in Indonesia. The method used in this research is pure legal research, which refers to and bases on legal norms and principles, applicable laws and regulations, legal theories and doctrines, jurisprudence, and other literature that are relevant to the topic. The results of this study are, firstly, the mechanism for implementing E-Court procedural law is regulated in the Supreme Court Regulation 4/2020 on the Administration and Trial of Criminal Cases in Electronic Courts provides 2 (two) alternatives for conducting trials in criminal cases, namely Normal Courts and Electronic Courts. Such matters are not previously regulated in the Criminal Procedure Code or other procedural regulations. Second, concerning the process of proofing evidence in criminal cases in E-Court still follows the provisions of the normal criminal procedure law and has the same value or power of evidence as normal trials.

scholarly journals LEGAL RECONSTRUCTION OF IMPLEMENTATION LEGALLY BINDING VERDICT IN INDUSTRIAL RELATIONS COURT

2020 ◽  
Vol 9 (1) ◽  
pp. 99
Author(s):  
Sri Gilang Muhammad Sultan Rahma Putra
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Legal Research ◽  
Historical Approach ◽  
Research Results ◽  
Legal Problems ◽  
Normative Perspective

The existence of industrial relations courts until now still can not provide adequate legal protection to justice seekers. This article begins with the existing legal problems in the form of not implemented legally binding of industrial relations court verdicts. The unapplied verdicts have resulted in the exclusion of the rights of justice seekers. This paper identifies the problem related to normative perspective and provide solutions through legal reconstruction from the normative view. Then, the problems are examined using normative legal research methods based on statute approach and historical approach as well as case approach. By examining several research results it is known that the legal vacuum which regulates sanctions against those who do not intend to enforce industrial relations court rulings that have legal force still need to be addressed immediately to guarantee the rights of the seekers of justice in the industrial relations court. This paper recommends to establish a Supreme Court Regulation on the implementation of institutional force on industrial relations disputes cases and the need for amendment of Law Number 2 Year 2004 on Industrial Relations Dispute Settlement.

scholarly journals PERLINDUNGAN HUKUM KONSUMEN ATAS PENERAPAN KLAUSULA BAKU

2018 ◽  
Vol 11 (1) ◽  
pp. 91
Author(s):  
Muhamad Syamsudin
Keyword(s):  
Supreme Court ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Supreme Court Decision ◽  
District Court ◽  
Legal Research ◽  
Court Judge ◽  
Legal Questions ◽  
The Supreme Court

ABSTRAKKajian ini dilatarbelakangi oleh putusan kasasi Mahkamah Agung yang memutus berbeda dengan putusan Badan Penyelesaian Sengketa Konsumen, yang dikuatkan oleh Pengadilan Negeri Surabaya terkait dengan gugatan pelanggaran klausula baku oleh pelaku usaha jasa kebugaran milik PT X. Permasalahannya adalah: 1) Apakah isi klausula baku yang tercantum dalam perjanjian anggota jasa kebugaran milik PT X dapat dibenarkan berdasarkan Pasal 18 Undang-Undang Perlindungan Konsumen?; 2) Apakah dasar pertimbangan hakim Mahkamah Agung sudah tepat dan mencerminkan nilai-nilai keadilan bagi para pihak jika dibandingkan dengan Putusan Badan Penyelesaian Sengketa Konsumen dan Pengadilan Negeri Surabaya? Kajian ini merupakan penelitian hukum normatif dengan metode pendekatan kasus dan perundang-undangan. Hasil kajian menunjukkan bahwa klausula baku dalam perjanjian keanggotaan jasa kebugaran milik PT X telah melanggar ketentuan Pasal 18 ayat (1) huruf a, c, e, f, dan g Undang-Undang Perlindungan Konsumen. Konsekuensinya adalah batal demi hukum. Putusan Mahkamah Agung tidak tepat dan cermat dalam mempertimbangkan fakta-fakta hukum dan penerapan hukumnya. Ditinjau dari substansinya, Putusan Badan Penyelesaian Sengketa Konsumen yang dikuatkan oleh Pengadilan Negeri Surabaya lebih memenuhi rasa keadilan dan melindungi konsumen jika dibandingkan dengan Putusan Mahkamah Agung.Kata kunci: perlindungan konsumen, klausula baku, perjanjian keanggotaan. ABSTRACTThe background of this study is related to the Supreme Court Decision which is contradicted the Decision of the Consumer Dispute Settlement Agency (BPSK) upheld by the Surabaya District Court in relation to the lawsuit regarding the violation of the standard clause by PT X. The legal questions are: 1) Does the standardized clause contained in the membership agreement of PT X violate the Article 18 of the Consumer Protection Law?; 2) Are the considerations of the Supreme Court Judge appropriate and do they reflect the justice values for the parties when compared with the decision of the Consumer Dispute Settlement Agency and the Surabaya District Court? This study is a normative legal research done with case study and legislation review. The results indicate that the standardized clause in the membership agreement of PT X has violated the provisions of Article 18 paragraph (1) letters a, c, e, f, and g. The consequences is null and void. The Supreme Court failed to consider and employ the legal facts in the ruling. By the content, the Decision of BPSK strengthened by the Surabaya District Court is likely more justifiable and protective compared to the Supreme Court Decision.Keywords: consumer protection, standardized clause, membership agreement.

scholarly journals PERTANGGUNGJAWABAN DOKTER DAN MODEL PENYELESAIAN PERKARA MALPRAKTIK MEDIK DI INDONESIA

2020 ◽  
Vol 9 (1) ◽  
pp. 74
Author(s):  
Tri Handayani
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Law Enforcement Officers ◽  
Health Law ◽  
The Public ◽  
Medical Disputes ◽  
Medical Dispute ◽  
Alternative Dispute Settlement

There is an international tendency to divert medical dispute from the litigation model (in court settlement) to the out-of-court dispute models (out of court settlement) which leads to the win-win situation of the paradigm. This paradigm has actually started to be adopted in Indonesia only the implementation is still not encouraging. Law Number 36 Year 2009 on Health (Health Law) provides that disputes arising out of negligence of health personnel must be resolved through mediation (Article 29). This provision has not fully become the reference of the public and law enforcement officers related to the settlement of medical disputes in Indonesia. The tendency of patients in Indonesia to prosecute doctors through legal channels is still quite high. This is further exacerbated by the attitude of law enforcement officers who seem less concerned with the provisions of Article 29 of Law Number 36 Year 2009 on Health above. The application of mediation means in the dispute of medical disputes as required by article 29 of the Health Law faces a number of obstacles in the field. One of the obstacles is the lack of implementing regulations that explain how such mediation mechanisms should technically be run. There are a number of laws and regulations governing mediation such as Supreme Court Regulation No. 1 of 2008 on Mediation Procedures in Courts and Law No. 30 of 1999 on Arbitration and Alternative Dispute Settlement. Supreme Court Regulation No. 1 of 2008 regulates the court-annexed mediation while Law Number 30 Year 1999 regulates the arbitration and Alternative Dispute Resolution (ADR) institutions. In addition, there are also some institutions that perform mediation functions such as: Consumer Dispute Settlement Agency (BPSK), Ombudsman, and Badan Pengawas Rumah (RSB). All such institutions are deemed relevant for the settlement of medical disputes. It is thus quite confusing at the operational level.

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