scholarly journals PERLINDUNGAN HUKUM TERHADAP ADVOKAT ATAS INTERPRETASI OBSTRUCTION OF JUSTICE

2021 ◽  
Vol 5 (2) ◽  
pp. 308
Author(s):  
Asrullah Dimas ◽  
Muhammad Hasrul ◽  
Hijrah Adhyanti Mirzana
Keyword(s):  
Research Method ◽  
Low Cost ◽  
Legal Protection ◽  
Slow Process ◽  
Legal Research ◽  
Legal Process ◽  
Criminal Offense ◽  
Judicial Proceedings ◽  
The Right

 Penelitian ini bertujuan menganalisis batasan delik obstruction of justice pada Undang-undang Nomor 21 Tahun 2001 Tentang Tindak Pidana Korupsi agar advokat dalam hal ini memiliki perlindungan hukum yang jelas dalam perkara tindak pidana korupsi. Penelitian ini menggunakan metode penelitian hukum normatif.Adapun hasil dari penelitian ini yaitu karakteristik Obstruction Of Justice, menyatakan 3 (tiga) unsur penting yaitu Tindakan tersebut menyebabkan tertundanya proses hukum (pending judicial proceedings);Pelaku mengetahui tindakannya atau menyadari perbuatannya (knowledge of pending proceedings); Pelaku melakukan atau mencoba tindakan menyimpang dengan tujuan untuk mengganggu atau mengintervensi proses atau administrasi hukum (acting corruptly with intent), Selanjutnya obstruction of justice merupakan delik materikl, sehingga delik tersebut mengindahkan adanya akibat yang ditimbulkan dari perbuatan, yakni perbuatan  tercegah, terintangi atau tergagalkannya suatu penyidikan, penuntutan dan pemeriksaan sidang yang sedang dilaksanakan mengakibatkan lambatnya proses Peradilan sehingga tidak sesuai dengan prinsip peradilan yang sederhana , cepat dan  biaya ringan. Selain dari hak imunitas advokat sebagai bentuk perlindungan hukum seharusnya delik obstruction of justice disematkan pada delik pidana materil bukan delik formil sehingga penekanan kasus tersebut adalah akibat dari perbuatan itu, seyogyanya untuk menilai perbuatan Officium Nobille maka peninjauannya pada akibat agar interpretasi dari kata mencegah,merintangi,dan menghalangi tidak sebatas perbuatan semata melainkan ada akibat yang ditimbulkan. Kata Kunci: Perlindungan Hukum, Advokat, Obstruction of justice This study aims to analyze the limits of the offense obstruction of justice in Law Number 21 of 2001 which is concerning about the Corruption so that advocates in this case have the clear legal protection in cases of criminal acts of the corruption.  This study uses a normative legal research method. The results of this study are the characteristics of the Obstruction of Justice, which states 3 (three) important elements, namely that action causes pending judicial proceedings; the perpetrator knows his actions or is aware of his actions (knowledge of pending proceedings)  );  The perpetrator commits or attempts deviant actions with the aim of disrupting or intervening in the legal process or administration (acting corruptly with intent). Furthermore, the obstruction of justice is a material offense, so that the offense ignores any consequences arising from the act, namely actions are prevented, obstructed or failed to occur.  ongoing investigations, prosecutions and trial hearings have resulted in the slow process of the judiciary so that it is not in accordance with the principles of a simple, fast and low cost trial.  Apart from the right of an advocate's immunity as a form of legal protection, the obstruction of justice offense should be attached to a material criminal offense not a formal offense so that the emphasis of the case is the result of that act.  and hindering is not just an act, but there are the consequences itself.Keyword: legal protection, advocate , Obstruction of justice

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 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 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 KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

scholarly journals Perlindungan Aset Lokal Yang Belum Terdaftar Indikasi Geografis Dari Kejahatan Cybersquatting

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 504
Author(s):  
Ni Komang Cempaka Dewi ◽  
Putu Tuni Cakabawa Landra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
The Internet ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Research ◽  
Conceptual Approach ◽  
Domain Name ◽  
Domain Names ◽  
The Right

Many local Indonesian assets have not been protected by Geographical Indications and very vulnerable to being exploited by irresponsible parties, one of which is cybersquatting crime by registering a website address on the internet using the name of a geographically indicated product without the right as the legal owner then selling the domain name for expensive price causing losses for local Indonesian assets that have not been registered with Geographical Indications. The problem of this research: How is the legal protection on local assets that have not yet registered as Geogragraphical Indication from cybersquatting crime. The purpose of this research is to find out the legal protection of unregistered local asset as geographical indication product from cybersquatting. The legal research method used is the normative legal research method using the statutory approach and the conceptual approach. The result of the research is the protection of local assets from cybersquatting crimes that have not been protected by Geographical Indications is protected under Article 23 of the ITE Law and for every person whose rights are violated due to cybersquatting crimes, they have the right to file a lawsuit to cancel the unauthorized use of domain names by other parties.

scholarly journals Perlindungan Hukum terhadap Anak di Bawah Umur sebagai Pengemis

2020 ◽  
Vol 1 (2) ◽  
pp. 104-109
Author(s):  
I Wayan Edy Darmayasa ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Child Welfare ◽  
Health Services ◽  
Child Protection ◽  
Research Method ◽  
Deviant Behavior ◽  
Legal Protection ◽  
Complex Problem ◽  
Legal Research ◽  
Adequate Education ◽  
The Right

Children are not objects of deviant behavior or inhuman actions by anyone. However, in reality the child exploitation in Indonesia has become a complex problem. This research was conducted with the aim of describing the legal arrangements for children as beggars and the legal protection for minors as beggars. This study used a normative legal research method as well as statutory and conceptual approaches. The results of this study indicated that the regulation of minors as beggars is contained in Article 2 paragraph 1 of the Child Welfare Law No. 4 of 1979 which explains that the right to care for welfare care and guidance with affection is the right of the child as well as the care for the development of children in a healthy and good family. In addition, legal protection for minors as beggars as stipulated in the Child Protection Law No. 35 of 2014 in conjunction with Law No. 23 of 2002 can be in the form of socio-economic health services and adequate education.

scholarly journals Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
People With Disabilities ◽  
Comparative Approach ◽  
Blind People ◽  
Legal Certainty ◽  
Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

scholarly journals Implementasi Peraturan Daerah Kabupaten Badung Nomor 10 Tahun 2017 tentang Kawasan tanpa Rokok pada Tempat Wisata

2020 ◽  
Vol 1 (1) ◽  
pp. 55-59
Author(s):  
Karinka ◽  
I Ketut Sukadana ◽  
I Nyoman Sutama
Keyword(s):  
Human Rights ◽  
Cigarette Smoke ◽  
Research Method ◽  
Civil Service ◽  
Public Knowledge ◽  
Legal Research ◽  
Tourist Attractions ◽  
Inhibiting Factor ◽  
The Right

Smoking belongs to the right of all people, but smoking can interfere with Human Rights because the distribution of cigarette smoke produced by smokers can interfere with the health of people around. In Bali, tourist attractions are one of the non-smoking areas. This is stated in the Regional Regulation of Badung No. 10 of 2017 concerning Non-Smoking Areas. Related to this, the study examines two things, that is, the regulation of No-Smoking Areas in the tourist attractions in Badung Regency and the implementation of the Regional Regulation of Badung No. 10 of 2017 on the tourist attractions. The research method used is empirical legal research that is conducting a direct research followed by analyzing data and presented in qualitative manner. In its regulation, Civil Service Police Unit (Satpol PP) as the enforcer of the regional regulation has conducted supervision on tourist attractions and sanctions given in accordance with the Article 21 Number (10) of 2017 of the Badung Regency Regional Regulation. Its application has been done through socialization to the manager of tourist attractions, but the lack of public knowledge about the non-smoking areas in tourist attractions has been appearing as an inhibiting factor.

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 Kedudukan Hukum Pemegang Polis Pada Perusahaan Asuransi yang Dinyatakan Pailit

2021 ◽  
Vol 2 (3) ◽  
pp. 520-525
Author(s):  
Ni Kadek Vikka Ayu Swandewi ◽  
Ni Luh Made Mahendrawati ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Human Need ◽  
Legal Position ◽  
Policy Holder ◽  
The Right

In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.

Sign in / Sign up

Export Citation Format

Share Document