scholarly journals EKSISTENSI PERATURAN MAHKAMAH AGUNG NO. 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP

2017 ◽  
Vol 32 (1) ◽  
Author(s):  
N. Okamahendra
Keyword(s):  
Descriptive Analysis ◽  
Criminal Code ◽  
Penal Code ◽  
Literature Study ◽  
Conceptual Approach ◽  
Binding Power ◽  
Limited Scope ◽  
Laws And Regulations

This research to know and analyze the existence of PERMA No. 02 Year 2012 on Adjustment of Limitation of Criminal Act and Number of Penalties in Criminal Code with limited scope to review and analyze the existence of PERMA No. 02 Year 2012. This research is normative law research. The approach used is the approach of legislation, conceptual approach, philosophy approach, and case approach. Technique of collecting legal material with literature study. After that the processing of legal materials by systematization and then done logical, systematic, and interpretative reasoning with analytical descriptive analysis and draw deductive conclusions. Substantially the provisions in PERMA No. 02 Year 2012 has converted the concept of Criminal Crime especially on the limit of object value of loss of case to Rp. 2.500.000, - (two million five hundred thousand rupiah) and or a fine of up to seven million five hundred thousand rupiah and minor insult. The Articles of the Penal Code converted in the PERMA are 364, 373, 379, 384, 407 paragraph (1) and 482 of the Criminal Code. The position of PERMA in the hierarchy of the Laws and Regulations in Indonesia is as an internal regulation because of its binding power which only covers the environment of an institution so that it has no validity for other agencies and has juridical consequences.

scholarly journals Kewenangan Notaris terhadap Pembuatan Covernote

2020 ◽  
Vol 1 (2) ◽  
pp. 421-425
Author(s):  
I Made Ari Nurjaya ◽  
I Nyoman Sumardhika ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Method ◽  
Land Ownership ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Consequence ◽  
Legal Consequences ◽  
Legal Product ◽  
Laws And Regulations

One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.

scholarly journals ASIMILASI NARAPIDANA DI LEMBAGA PEMASYARAKATAN TERBUKA MATARAM

2017 ◽  
Vol 32 (1) ◽  
Author(s):  
Sofian Hadi Sasmita
Keyword(s):  
Legal Issue ◽  
Correctional Institution ◽  
Literature Study ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Laws And Regulations

The research aims to discuss Assimilation of Prisoners in Mataram Open Correctional Institution. The legal issue proposed in this research include How is the provision of assimilation for prisoners from prisons to the Mataram Open Correctional Institution. This study used normative legal research that examines the legal norms regarding the provision of assimilation from prisons to open prisons and stages of assimilation in the Mataram Open Correctional Institution. The approach of the thesis used legislation and conceptual approach. The technique of collecting legal materials are (1) literature study by systematically processing the legal material and (2) making known interpretations in law science to the laws and regulations relating to this research and the conclusion ultimately drawn deductively. The result of this script concludes that the assimilation requirement for prisoners is not the same but differentiated based on criminal acts committed by prisoners. The criminal acts are categorized into general crimes and special crimes which are included in "extraordinary crimes".

scholarly journals PRINSIP NEW AND NOVELTY DALAM PERLINDUNGAN PATEN DI INDONESIA

2020 ◽  
Vol 8 (8) ◽  
pp. 1240
Author(s):  
Ni Kadek Wedayanti Ari Suputri ◽  
Ida Ayu Sukihana
Keyword(s):  
Research Method ◽  
Patent Protection ◽  
Descriptive Analysis ◽  
Literature Study ◽  
Legal Research ◽  
Conceptual Approach ◽  
Analysis Techniques ◽  
Study Techniques

Studi ini bertujuan untuk mengkaji persyaratan dalam permohonan perlindungan paten dan menganalisis pernerapan prinsip new and novelty dalam perlindungan paten. Metode penelitian yang digunakan dalam studi ini adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Dalam menunjang studi ini digunakan bahan hukum primer berupa peraturan perundang-undangan yaitu Undang-Undang No. 13 Tahun 2016 Tentang Paten dan bahan hukum sekunder yaitu buku-buku dan literatur tentang paten yang menunjang studi ini. Pengumpulan bahan hukum menggunakan teknik studi kepustakaan. Setelah bahan hukum terkumpul maka perlu dianalisa bahan-bahan hukum tersebut untuk kepentingan studi ini dengan menggunakan teknik analisis deskriptif. Hasil dari studi ini menjelaskan bahwa (1) Persyaratan dalam Permohonan Perlindungan Paten termuat dalam Pasal 24 sampai Pasal 29 Undang-Undang No. 13 Tahun 2016 Tentang Paten; dan (2) Penerapan prinsip new and novelty merupakan persyaratan substantive dalam permohonan perlindungan paten sehingga suatu invensi harus memenuhi prinsip tersebut agar memperoleh perlindungan Paten. This study aims to examine the requirements in applying for patent protection and analyze the application of new and novelty principles in patent protection. The research method used in this study is a normative legal research method with a statutory and conceptual approach. In supporting this study primary legal materials are used in the form of legislation namely Law No. 13 of 2016 concerning Patents and secondary legal materials namely books and literature on patent that support this study. Collection of legal materials using literature study techniques. After the legal materials are collected it is necessary to analyze these legal materials for the benefit of this study by using descriptive analysis techniques. The results of this study explain that (1) The requirements in the Patent Protection Application are contained in Article 24 to Article 29 of Law No. 13 of 2016 concerning patents; and (2) The application of the principle of new and novelty is a substantive requirement in an application for patent protection so that an invention must meet these principles in order to obtain patent protection.  

scholarly journals Pertanggungjawaban Pidana Terhadap Pelaku yang Melakukan Perbuatan Menyuruh Anak sebagai Pengemis

2021 ◽  
Vol 2 (3) ◽  
pp. 646-650
Author(s):  
Ni Nyoman Ayu Ratih Ganitri ◽  
I Nyoman Putu Budiartha ◽  
Luh Putu Suryani
Keyword(s):  
Data Collection ◽  
Child Protection ◽  
Research Method ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Order ◽  
Literature Study ◽  
Legal Research ◽  
Conceptual Approach

Children are not only actively involved as beggars, but toddlers are also passively involved, where children under the age of two are carried in pathetic conditions to make other people feel sad and sorry, thus giving them money. This study aims to explain the qualifications of criminal acts of perpetrators who order children as beggars and examine criminal liability for perpetrators who commit acts of ordering children as beggars. This study used a normative legal research method with a problem and conceptual approach. Sources of data used were primary and secondary legal data. Data collection was done through a literature study by taking notes. The results of the study revealed that the act of begging is categorized as a violation of public order as regulated in Article 504 of the Criminal Code. Doing the act of ordering children as beggars can be classified as a crime and also as an act of violation. Everyone is prohibited from exploiting children in any form as regulated in Article 301 of the Criminal Code junto Article 76I and Article 88 of Law no. 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

scholarly journals Criminology Study Of Crime Of Fencing The Stolen Goods

2020 ◽  
Vol 3 (1) ◽  
pp. 185
Author(s):  
Supriyono Supriyono
Keyword(s):  
Field Observation ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Point Of View ◽  
Literature Study ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Stolen Goods

Criminal offense is regulated in Article 480 of the Criminal Code, Article 481 and 482 of the Criminal Code. Criminal detention is an act that is prohibited by law, because detention is obtained from crime. Criminology perspective plays an important role in studying fencing acts as a form of criminal action by looking at the elements inherent in criminal acts of detention. The formulation of the problem in this research is how Criminology review in the criminal act of holding stolen goods? In this study the authors used a normative juridical method with research specifications in the form of descriptive analysis. The data used for this research are primary and secondary data taken by field observation, interviews, and literature study. Based on the research, it can be concluded that the criminology point of view shows legal efforts for the crime in the form of composing legislation (criminalization process) in the form of legal products in the laws governing criminal offenses stipulated in Criminal Code Article 480-482, in the scope of criminology as criminal etiology in criminal offenses namely internal and external factors.Keywords: Criminology; Criminal Offense; Stolen Goods.

scholarly journals Legal Protection Effort towards Mark Owner from the Share-in Jar Cosmetic Trade

2021 ◽  
Vol 3 (1) ◽  
pp. 26-39
Author(s):  
Sheril Firdausy ◽  
Anajeng Esri Edhi Mahanani
Keyword(s):  
Dispute Resolution ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Analysis Method ◽  
License Agreement ◽  
Literature Study ◽  
Legal Research ◽  
The Government ◽  
Legal Consequences ◽  
Laws And Regulations

This study aims to analyze and understand the legal protection towards the mark owner from the share-in jar cosmetic trade and the legal consequences for business actors who do share-in jar cosmetic trade. The type of legal research used in this study is a normative juridical legal research method. The data collection in this study was conducted through a literature study from the laws and regulations, journals, research results, and books. The data analysis used in this research is the descriptive analysis method. The results of the study show that the legal protection towards the mark owner from the share-in jar cosmetic trade can be carried out through preventive and repressive legal protection efforts. Legal protection efforts are preventively carried out by registering the mark to get legal protection as a legal mark owner. Repressive legal protection efforts for trademarks can be done by litigation dispute resolution and non-litigation dispute resolution. The legal consequences for business actors who do share-in jar cosmetic trade are compensate for damages and/or ceasing all acts related to mark use. Therefore, it is recommended to the mark owner to provide cosmetics with trial or sample sizes. In this case, so that consumers try first about their compatibility with these cosmetics. On the other hand, business actors doing share-in cosmetic jar trade must make a license agreement with the mark owner. Furthermore, the government needs to include criteria for violations of right on mark in laws and regulations. This is purpose to increase legal protection towards the mark owner from the share-in jar cosmetic trade in the future.

scholarly journals The Shift Paradigm of the Death Penalty in the Draft Criminal Code

2020 ◽  
Vol 4 (1) ◽  
pp. 54-63
Author(s):  
Titin Nurfatlah ◽  
Amiruddin Amiruddin ◽  
Ufran Ufran
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Penal Code ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The Future

This study aims to determine the concept of the death penalty in the future Indonesian criminal law. The method used is a normative research method. The approaches in this research are the statute approach, conceptual approach, historical approach, and comparative approach. The conclusion based on the results of the research, the death penalty in the Draft of the Penal Code is no longer a primary punishment but has separate rules. The provisions of the death penalty in the Draft Penal Code is particular and as an alternative punishment. The purpose of this death penalty provision includes giving broader consideration for judges in giving decisions as not arbitrary towards the convicted; give more attention to the objectives of the punishment. Additionally, the provision advocates the death penalty as a last resort in protecting the community, as the judges shall look for other punishment as an alternative to the death penalty.  The Draft of the Criminal Code bases on Neo-Classical school of thought, which maintains a balance between objective factors (actions/outward) and subjective factors (people/ inner/inner attitudes).

scholarly journals Analysis Of Criminal Liability As Doer Of Preening Criminal (Case Study In The Blora State Court)

2020 ◽  
Vol 3 (1) ◽  
pp. 223
Author(s):  
Haris Wahyu Sunarno ◽  
Akhmad Khisni
Keyword(s):  
Criminal Justice ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Criminal Code ◽  
Primary Data ◽  
State Court ◽  
Literature Study ◽  
Justice Process ◽  
Criminal Justice Process

Criminal beatings lately occur a lot because of actions from one person to another outside the normal limits. Crimes that often occur are beatings regulated in the criminal law book, namely Article 170 of the Criminal Code. The formulation of the problem in this study is how is the form of criminal responsibility towards the perpetrators of the beating crime committed by more than one perpetrator, and what are the obstacles in the criminal justice process against the perpetrators of the beatings and their solutions. The method used in the form of sociological juridical research specifications descriptive analysis. Data consists of primary data and secondary data taken by the method of document collection, interviews, and literature study. Based on the research it was concluded (1) The form of a system of criminal justice process in the flow of the trial in the decision Number 94 / Pid.B / 2019 / PN Bla as a form of criminal responsibility towards the perpetrators of beating crimes that are processed in the criminal justice process, (2) Obstacles deep inhibition in the criminal justice process against the perpetrators of the beating crime including the investigation process in presenting witnesses, the prosecution process that takes time, and article 170 of the Criminal Code which still has ambiguous in theoretical.Keywords: Criminal Liability, Beating Criminal Acts

scholarly journals Urgensi Pembentukan Undang-Undang tentang Majelis Permusyawaratan Rakyat

2021 ◽  
Vol 4 (1) ◽  
pp. 39-52
Author(s):  
Harry Setya Nugraha
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Conceptual Approach ◽  
Qualitative Descriptive ◽  
The Law ◽  
Constitutional System ◽  
Laws And Regulations

This article aims to answer the urgency of the formation of Law about MPR in the Indonesian constitutional system. This research uses normative juridical research method with statutory and conceptual approach, as well as a qualitative descriptive analysis. This article concludes that 1) the formation of law on MPR has philosophical, juridical, and socio-political urgency; 2) the process of forming the law regarding the MPR must pay attention to the process and the content of the formation of good laws and regulations as regulated in the legislations.

scholarly journals Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian

2021 ◽  
Vol 21 (4) ◽  
pp. 517
Author(s):  
Jeremy Emmanuel Purba
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Literature Study ◽  
Ratio Decidendi ◽  
The Law ◽  
The Government ◽  
Made In ◽  
Laws And Regulations

The Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge’s interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.

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