scholarly journals PROTECTION AGAINST RECIPIENTS NOTARY DEED THAT ALLEGEDLY PROTOCOL TO THE LEGAL ISSUE IN SEMARANG

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 177
Author(s):  
Megacaesa Fuditia Fuditia ◽  
Anis Mashdurohatun
Keyword(s):  
Legal Protection ◽  
Legal Issues ◽  
Legal Issue ◽  
Legal Obligation ◽  
Legal Problem ◽  
Role Change ◽  
Legal Problems ◽  
The Republic ◽  
The City ◽  
And Storage

Notary Appointment as Notary Protocol holders and storage required to accept the delegation of the protocol, because at the beginning of his run, every Notaries are required to make a statement about its willingness to accommodate the move Notary Protocol, quit, or died. As a holder of the protocol but can learn a lot there is also a consequence of the receipt of such deed is when there is a legal problem, as the holder of the protocol also participated as a defendant or summoned by investigators in order to bring that existed at the Notary deed holder protocol. However, it has become a legal obligation Notary.          The purpose of this research are: 1) To analyze and assess the extent of legal protection against protocol receiver notary deed allegedly related legal issues in the city of Semarang. 2) To analyze and assess the barriers in the legal protection of the receiving notary deed allegedly protocols about legal issues in the city of Semarang. 3) To formulate legal protection against protocol receiver notary deed was allegedly associated legal problems in the future.Notary receiver and storage protocol is not responsible for the contents of the deed of the substance or the above protocol receives. UUJN enactment, not without obstacles in its implementation. It was mainly related to the legal protection of a notary. Those barriers between them, yet the formation of the Implementing Regulation and Role Change THIS UUJN to socialize UUJN Changes in certain areas less. Legal protection should be given to the notary deed protocol receiver must be in accordance with Law Notary Article 66 paragraph (1) of Law No. 2 of 2014 on the Amendment of the Law of the Republic of Indonesia Number 30 Year 2004 on Notary.Keywords : Deed, Legal, Notary, Legal Protection, the Protocol.

scholarly journals ITSBAT TALAK DALAM PERSPEKTIF HUKUM PERKAWINAN DI INDONESIA

2020 ◽  
Vol 12 (1) ◽  
pp. 29
Author(s):  
Zainuddin Zainuddin ◽  
Khairina Khairina ◽  
Sulastri Caniago
Keyword(s):  
Legal Protection ◽  
Digital Data ◽  
Legal Problem ◽  
Marriage Law ◽  
Legal Recognition ◽  
Research Results ◽  
Legal Problems

This study discusses about itsbat talak (legal recognition of divorce) pronounced by husbands out of court in the perspective of Marriage Law in Indonesia. There are three issues answered in this study. First, how is the legal problem of out-of-court divorce in the perspective of Marriage Law in Indonesia and Fiqh? Second, what is the urgency of itsbat talak in the view of fiqh and Marriage Law in Indonesia? Third, what is the review of the Marriage Law in Indonesia on the itsbat talak out-of-court? To answer this problem, a library study was conducted. The data was collected through searching of the research results, books, fiqh books, laws or regulations and electronic as well as digital data through websites. The study found that there are some legal problems of itsbat talak for out-of-court divorce such as its legality, the probability of talak for twice, no legal protection, the couple blocked from other marriage, and the lost of post-marriage rights. Itsbat talak for out of court divorce can be recognized in the Marriage Law in Indonesia. Studi ini mengkaji tentang itsbat (pengakuan hukum) talak yang telah dijatuhkan suami di luar pengadilan dalam perspektif hukum perkawinan di Indonesia. Ada tiga persoalan yang akan dijawab dalam studi ini. Pertama, bagaimana problematika hukum talak di luar pengadilan dalam perspektif Hukum Perkawinan di Indonesia dan Fikih ? Kedua, bagaimana urgensi itsbat talak dalam pandangan Fikih maupun Hukum Perkawinan di Indonesia ? Ketiga, bagaimana tinjauan Hukum Perkawinan di Indonesia terhadap itsbat talak  perceraian di luar pengadilan ? Untuk menjawab permasalahan ini dilakukan studi kepustakaan. Data tentang talak di luar pengadilan atau itsbat nikah dikumpul melalui penelusuran hasil-hasil penelitian, buku-buku atau kitab fikih, undang-undang atau peraturan dan data elektronik melalui website. Data ini diolah, dianalisis dan dijadikan bahan untuk mengkaji itsbat talak dengan menggunakan metode kajian hukum normatif. Hasil penelitian menemukan jawaban, pertama; ada lima problem hukum talak di luar pengadilan, seperti keabsahannya, kemungkinan terjadi talak dua kali, tidak adanya perlindungan hukum, pasangan talak di luar pengadilan tidak dapat melakukan penikahan resmi dengan yang lain, tidak bisa mendapatkan  hak-hak setelah talak. Itsbat talak dapat diakui dalam hukum perkawinan di Indonesia.

scholarly journals MASLAHAH SEBAGAI TEORI PENETAPAN HUKUM: TELAAH ATAS KONSEP MASLAHAH IBNU QAYYIM AL-JAUZIYAH

2020 ◽  
Vol 8 (01) ◽  
pp. 39
Author(s):  
Dainori Dainori
Keyword(s):  
Legal Issues ◽  
Legal Problem ◽  
Legal Problems ◽  
Suitable Solution ◽  
The Law

In line with changes and the development of a society that is increasingly rapid, legal issues are increasingly complex. While every legal problem that develops in society is not all explicitly mentioned in the Koran, Hadith or ijma '. Whereas Islam as a religion must always be responsive and present to provide a solution to the growing legal problems. Mashlahah as one method of extracting the law is a suitable solution to address the legal problems that are developing at this time. However, so that the application of the mashlaah to explore and establish a law is not trapped in subjective matters and the interests of lust, then the use of these methods requires caution and understanding of the intact maqasid al-sharia and the use of strict mashlahah in accordance with the criteria that are Ulama 'Usul stipulated in order to achieve and find the law that is truly in accordance with the message of the law maker (shari'a).

Some Legal problems of State Budget and the Budget Act in Poland

2018 ◽  
Vol VIII (z. 2) ◽  
pp. 11-20
Author(s):  
Andrzej Borodo
Keyword(s):  
Legal System ◽  
Legal Liability ◽  
Legal Issues ◽  
State Budget ◽  
General Overview ◽  
Legal Problems ◽  
The Republic ◽  
Legal Meaning

The elaboration presents some selected legal problems concerning passing, range of application and detailed character of state budget and the budget act. There are current problems that require analysis and discussion leading to doubts or the need for a change in the legal system, including the Constitution. The article presents - in general overview - the following legal issues: the problem of the relation between budget regulations contained in the Constitution of the Republic of Poland and EU budget regulations, legal meaning of budget principles, the problem of state budget completeness and the range of the budget act, the issue of not passing a budget act before the beginning of a budget year, meaning of budget's detailed character for legal liability of entities implementing the budget.

scholarly journals A HOLISTIC APPROACH OF AMNESTY APPLICATION FOR BAIQ NURIL MAKNUN IN THE FRAMEWORK OF CONSTITUTIONAL LAW OF INDONESIA

2019 ◽  
Vol 8 (2) ◽  
pp. 277
Author(s):  
Reda Manthovani ◽  
Kukuh Tejomurti
Keyword(s):  
Constitutional Law ◽  
Legal Protection ◽  
Holistic Approach ◽  
Legal Issues ◽  
Case Review ◽  
Legal Research ◽  
Electronic Information ◽  
The Supreme Court ◽  
Education Agency ◽  
The Republic

<p>The Supreme Court has rejected a petition for case review from Baiq Nuril Maknun, a West Nusa Tenggara woman who was convicted of defamation against her alleged sexual harasser. Justices Margono, Desniyati and Suhadi rejected Nuril’s challenge against the Supreme Court's decision in September 2018, which found Nuril guilty of violating Article 27 of the Electronic Information and Transactions (ITE) Law and sentenced her to six months in prison and a fine of Rp 500 million (US$34,644). The defamation case has been criticized for using the controversial law to incriminate an alleged victim of sexual harassment, when the Mataram Education Agency reported Nuril for recording the phone call.This research is prescriptive normative research namely, legal research that takes legal issues as a norm system used to provide prescriptive justifications about a legal event. From Nuril’s case we can see the laws are sorely inadequate, case in point the Electronic Information and Transactions Law (ITE Law), that got her into trouble. It’s so rubbery, it can be interpreted any way anyone wants. Amnesty should be given to Baiq Nuril Maknun because amnesty is the authority of the President for the interests of the state, in this case human rights and citizens' rights to get legal protection and free from discrimination and Law Number 11 <em>Drt</em> In 1954, yet it contradicted the constitution in cases and institutions, because Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia had no case restrictions in granting amnesty and was carried out with consideration of the People’s Representative Council of The Republic of Indonesia.</p>

Some legal challenges posed by remote attack

2012 ◽  
Vol 94 (886) ◽  
pp. 579-595
Author(s):  
William Boothby
Keyword(s):  
New Technologies ◽  
Legal Issues ◽  
Legal Issue ◽  
Legal Obligation ◽  
Legal Requirements ◽  
Legal Challenges

AbstractAttacking from a distance is nothing new, but with the advent of certain new technologies, attacks can be undertaken in which the attacker remains very remote from the scene where force will be employed. This article analyses the legal issues raised by attacks employing, respectively, remotely piloted vehicles, autonomous attack technologies, and cyber capabilities. It considers targeting law principles and rules, including distinction, discrimination, proportionality, and the precautions rules, observes that they all apply to remote attack and proceeds to explore the challenges that arise from implementing the legal requirements. Due note is taken of states’ legal obligation to review new weapons, methods and means of warfare, an obligation that reinforces the view that existing law will provide the prism through which these new attack technologies must be evaluated by states. The article then discusses how notions of liability apply in relation to remote attack, and considers whether it is depersonalization rather than remoteness in attack that is the critical legal issue.

scholarly journals The Role of Legal Opinion as Legal Problem Solving Method

2020 ◽  
Vol 3 (1) ◽  
pp. 19-27
Author(s):  
Herowati Poesoko ◽  
Anak Agung Sagung Laksmi Dewi
Keyword(s):  
Problem Solving ◽  
Research Method ◽  
Legal Issues ◽  
Legal Issue ◽  
Legal Problem ◽  
Legal Research ◽  
Depth Of Knowledge ◽  
Legal Opinions ◽  
Legal Opinion

This study aims to describe Legal Opinion as a Legal Problem Solving Method. The method used in this study is normative legal research; meanwhile the approach used in this study is legal research method. The results revealed that firstly based on legal issues which certainly cannot be separated from the field of law to be studied, while the preparation of legal opinions depends on the depth of knowledge of the legal field what will be found, it is seen in the analysis used in order to find legal problem solving that can be prescription of the legal issue. Therefore, the role of legal opinion in the structure of the layer of legal science can be useful as a method in developing practical law or in developing theoretical law.  

scholarly journals Quo Vadis Legal Protection of Traditional Batik Copyrights in Indonesia Local Government [Quo Vadis Perlindungan Hukum Hak Cipta Batik Tulis Tradisional Pada Pemerintahan Kota di Indonesia]

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Zainal Arifin ◽  
Mochammad Wachid Hasyim
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Research Methods ◽  
Empirical Research ◽  
Legal Protection ◽  
Theoretical Problem ◽  
Empirical Research Methods ◽  
The Republic ◽  
Quo Vadis ◽  
The City

This research is motivated by the existence of philosophical, juridical and theoretical problems. Philosophically batik must be protected, because it is a unique work created by creative individuals. Juridical problems are unclear rules about traditional batik. The theoretical problem is between das sein and das solen, it should theoretically be that all traditional batik motifs from the creativity of residents in Kediri City must be registered as the copyright of each craftsman. But in reality, the craftsmen have not registered their work with the Ministry of Law and Human Rights of the Republic of Indonesia to obtain a copyright license. So that the craftsmen have yet to get the legal protection of the batik copyright they created. The issues raised are (1) How to carry out the legal protection of traditional batik art copyrights in the City of Kediri and (2) the factors that hinder traditional batik craftsmen in Kediri City do not take care of their copyright. This study uses empirical research methods with a sociological juridical approach. From the research, it was found that the legal protection of batik batik copyright in Kediri was done by registering the copyright and the traditional batik brand rights. While the factor that hinders the batik craftsmen from registering their copyright is the lack of awareness of traditional batik craftsmen about copyright, the process of obtaining a copyright that is considered not easy and requires a high cost.

scholarly journals Perlindungan Hukum terhadap Karya Cipta Fotografi

2020 ◽  
Vol 1 (1) ◽  
pp. 33-38
Author(s):  
I Kadek Candra Wisesa ◽  
Desak Gde Dwi Arini ◽  
Luh Putu Suryani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Digital Cameras ◽  
Legal Research ◽  
The Republic

The richness in the diversity of arts and cultures can be found in the Republic of Indonesia. Intellectual property rights obtain protection as stipulated in legislation, including Law Number 28 of 2014 concerning Copyright. The advancement in technology and the increasingly developing world of digital photography by means of digital cameras raises the legal issues of copyright in photographic works. The main issues examined in this paper are: the forms of legal protection of the rights of the creators of photographic works and the resolution of disputes of photographic works that are used without permission. The method used to examine this issue is the normative legal research method with a legislative approach. Copyright Protection of photographic works may be done in two ways, namely preventive in which legal protection given to the creator of photography which the creator shall done by registering the copyright, and repressive protection realised by filing a lawsuit in court if there is a violation of copyright in the photographic work. All rights reserved must always be appreciated by not committing violating actions which are arbitrarily committed especially if it relates to providing benefits for violators.

scholarly journals Legal Regulation and Protections for the Parties in the Franchise Business Agreements in Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 202
Author(s):  
Hari Sutra Disemadi ◽  
Paramita Prananingtyas ◽  
Ratna Kumala Sari
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Trade Regulation ◽  
Doing Business ◽  
Legal Problems ◽  
The People ◽  
Ease Of Doing Business ◽  
The Republic

<p>In Indonesia doing business with the concept of franchising in various fields is currently very popular among the people. Doing business with the concept of franchising is desirable because in addition to being seen in terms of profits and various ease of doing business offered by the franchisor to the franchisee. Franchising is based on an agreement called a franchise agreement, but there are not a few legal problems that arise with the existence of the franchise agreement. Based on this, this research aims to find out the form of arrangement of the franchise agreement and legal protection for the parties in the franchise agreement. The normative juridical method is the method used in this study. This method is intended to analyze the legal materials related to the arrangements in the franchise agreement and legal protection for the parties in Indonesia. This study addresses the franchise business agreements including agreements that are not well-known or innocent and legal protection carried out further regulated in the Republic of Indonesia's Minister of Trade Regulation Number 53/M-DAG/PER/8/2012 regarding Franchising. The legal status of the parties in the franchise agreement in force in Indonesia is independent.</p>

scholarly journals Legal Protection of Franchisee in Franchise Contract Which Franchisor Unilaterally Terminates

NORMA ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 1
Author(s):  
Retno Wulandari
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Research Approach ◽  
Legal Research ◽  
Legal Problems ◽  
Unilateral Termination

The Franchisor and the Franchisee's engagement tends to be based on the value of business profits alone. The document that becomes evidence (franchise agreement) tends to be poorly understood by the Franchisee, which can cause legal problems for him. One of the legal issues that can occur is the unilateral termination of the Franchisor to the Franchisee. Franchise agreements tend to be standardized, which comes from the Franchisor. These conditions make the Franchisee obliged to understand the agreement's contents well so that the franchise agreement is not terminated unilaterally by the Franchisor. This study aims to find out and analyze how legal protection for franchisee is based on franchise agreement. This research method is a normative legal research approach. The result of this study is unilateral termination of the franchise agreement will undoubtedly cause various legal problems for the parties bound in the franchise agreement.Keywords: Termination, Agreement, Franchise.

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