Analisis Penyelesaian Sengketa Ekonomi Syariah Secara Non Litigasi

2021 ◽  
Vol 4 (2) ◽  
pp. 336-352
Author(s):  
Ana Latifatuz Zahro ◽  
Muhammad Iqbal Fasa ◽  
A. Kumedi Ja’far
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Theory ◽  
Legal Protection ◽  
Expert Assessment ◽  
National Committee ◽  
Court Decisions ◽  
Legal Action ◽  
Legal Principles

  The aims and objectives of the research are to find out the practice of resolving sharia economic disputes in a non-litigation manner and the application of sharia economic dispute auctions. In order to achieve the aims and objectives, this research uses a normative juridical research method with an approach that refers to the Qur'an, Al-Hadith, ijtihad, legal theory, legal principles and legislation. Sources of data are obtained from the Qur'an, Al-Hadith, books, laws and regulations, court decisions, and so on as long as they are interrelated. The practice of resolving sharia economic disputes in a non-litigation manner can be pursued by arbitration, namely through the Sharia Arbitration Board (“Basyarnas-MUI”) and by alternative dispute resolution methods, namely through Consultation, Negotiation, Mediation or Expert Assessment. This is related to arbitration through the Basyarnas-MUI for the procedures and procedures that have been regulated. Meanwhile, alternative dispute resolution by means of Consultation, Negotiation, Mediation or Expert Assessment has not been sufficiently regulated. Despite this, there is already a National Committee for Islamic Economics and Finance (KNEKS) whose function is to formulate and provide recommendations for solving problems in the Islamic economy and finance sector. In addition to that, there are also arbitration institutions and other alternative dispute resolution, but these institutions have not specifically regulated the non-litigation settlement of sharia economic disputes. The application of sharia economic dispute auctions can be carried out on material guarantees by means of parate execution, executive titles or underhand sales. However, against the auction mechanism, the debtor can still take legal action, namely the cancellation of the auction or resistance / objection to the auction. This of course, apart from being less effective, it does not provide as intended the purpose of the law and legal protection for interested parties.

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 Copyright Commercialization of Songs Uploaded in TikTok Application Without the Creator’s Permission

2021 ◽  
Vol 5 (1) ◽  
pp. 213-224
Author(s):  
Fakhira Meshara Salsabila ◽  
Ranti Fauza Mayana ◽  
Laina Rafianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Principles ◽  
Commercial Use ◽  
General Terms ◽  
Legal Remedies ◽  
Approach Method ◽  
Legal Consequence ◽  
Legal Consequences

TikTok has now become an application that is widely used by all people and that it has become a trend. The application has a General Terms of Services which is the basis for using Tiktok. In the practice of uploading songs by users without realizing it, gives a juridical implication because users do not fully understand the provisions contained in the Terms of Services. Appropriately, before the user takes and modifies the work of the song which is then used for commercial use, the user already has a license or permission from the author. The problems studied are the legal consequences of uploading songs in this TikTok application which are commercialized without the permission of the Creator by the related users, as well as to see the legal efforts that can be taken by the Creator on songs that are commercialized without the permission of the Creator in this application. The research method used is juridical normative, namely an approach method that uses laws and legal principles as a means of solving the problems at hand. The results of the research conclude that currently, the violation of Copyright has changed from criminalization to remuneration, where the legal consequence of the Copyright infringement is non-compensation to the Creator due to commercial use of songs. Regarding the protection efforts, it can be done in several ways, namely recording, administrative legal remedies and supervision. In terms of fulfilling the rights of the Creator, legal remedies can be taken, namely preventive and repressive measures consisting of civil and criminal remedies. In addition, it can also be resolved by alternative dispute resolution and arbitration.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PATEN SEDERHANA DALAM SISTEM HUKUM PATEN DI INDONESIA (STUDI KOMPARASI DENGAN SISTEM HUKUM PATEN DI NEGARA CHINA)

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 42
Author(s):  
Mochammad Bambang Ribowo ◽  
Kholis Raisah
Keyword(s):  
Dispute Resolution ◽  
Theoretical Approach ◽  
Research Method ◽  
Legal Theory ◽  
Legal Protection ◽  
Trips Agreement ◽  
Patent Law ◽  
Law System ◽  
Patent Rights ◽  
Descriptive Approach

This study discusses the comparison of legal protection against simple patents in the patent law system in Indonesia. The normative juridical research method with a descriptive approach is supported by a theoretical approach, namely by reviewing and reviewing the provisions of Law Number 13 of 2016 concerning Patents with legal theory to compare legal protection against simple patents in the patent law system in Indonesia. The results of the study show that the comparison of patent regulations in Indonesia and in China has several differences in the mechanisms and principles of legal protection that are seen in differences in giving and there are similarities in the standards of regulation that still adhere to the principles in the WTO / TRIPs Agreement. In resolving simple patent rights disputes, important indicators of violations are related to (1) Identification of inventions in claims supported by simple patent descriptions, (2) identification of comparative inventions that exist before the date of receipt; and (3) anticipation of previous inventions against suspected inventions that have not been made recently for each unit of Claim from the Patent to be canceled, so that if there is a patent case in the future it can at least be a picture of its completion Keywords: Simple Patent, Comparison of Legal Protection, Dispute Resolution. Abstrak Penelitian ini membahas tentang perbandingan perlindungan hukum terhadap paten sederhana dalam sistem hukum paten di indonesia.  metode penelitian yuridis normatif yang bersifat deskriptif dengan pendekatan perundang-undangan yang didukung dengan pendekatan teori, yaitu dengan menelaah dan mengkaji ketentuan Undang-Undang Nomor 13 Tahun 2016 tentang Paten dengan teori hukum untuk mengetahui perbandingan perlindungan hukum terhadap paten sederhana dalam sistem hukum paten di indonesia. Hasil Penelitian menunjukkan bahwa perbandingan perngaturan paten di Indonesia dan di negara china terdapat beberapa perbedaan mekanisme  dan prinsip perlindungan hukum yang terlihat pada perbedaan pemberian serta terdapat persamaan dalam standar pengaturan yang tetap menganut prinsip dalam WTO/TRIPs Agreement. Dalam penyelesaian sengketa hak paten sederhana indikator pelanggaran yang penting diketahui adalah berkaitan dengan (1) Identifikasi invensi dalam klaim yang didukung deskripsi paten sederhana, (2) identifikasi invensi pembanding yang ada sebelum tanggal penerimaan; dan (3) antisipasi invensi terdahulu terhadap invensi yang disangka tidak baru yang dilakukan atas setiap satuan Klaim dari Paten yang hendak dibatalkan, sehingga apabila terdapat perkara paten dikemudian hari setidaknya dapat menjadi gambaran dalam penyelesaiannya.. Kata kunci: Paten Sederhana, Perbandingan Perlindungan Hukum, Penyelesaian Sengketa.

scholarly journals REFORMULASI PENGATURAN PENILAIAN AHLI OLEH NOTARIS SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA

2021 ◽  
Vol 14 (1) ◽  
pp. 117-127
Author(s):  
Setiawan Wicaksono
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Expert Judgment ◽  
Expert Assessment ◽  
Positive Law ◽  
The Law ◽  
The Right

AbstractThis study aims to reformulate arrangements regarding expert judgment carried out by notaries through analysis of two regulations, namely, Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (AAPS Act) and Law Number 2 of 2014 concerning Amendments to the Law Number 30 of 2004 concerning the Position of Notary (JN Act). In Article 1 point 10 of the AAPS Act, it is stated that expert judgment is one way of resolving disputes outside the court. The sound of this article provides an opportunity for notaries to provide expert judgment in the event of a dispute between the parties in an authentic deed, however, both the AAPS Act and the JN Act have not provided a complete regulation on this matter. Therefore, a more complete arrangement is needed so that notaries can play a bigger role in resolving disputes that arise. Expert assessment carried out by a notary will help the parties to understand the main problem at hand and help resolve the dispute. The research method used is normative juridical research, namely research that is focused on examining the application of the rules or norms in positive law. The findings of this study are a complete arrangement regarding the right of notaries to provide expert judgments, as well as the legality of such assessments.Keywords: deed; expertise; notaryAbstrak Penelitian ini bertujuan untuk merumuskan pengaturan mengenai penilaian ahli yang dilakukan oleh notaris melalui analisa dua peraturan yaitu, Undang-undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa (UU AAPS) dan Undang-undang Nomor 2 Tahun 2014 tentang Perubahan atas Undang-undang Nomor 30 Tahun 2004 tentang Jabatan Notaris (UU JN). Pada Pasal 1 angka 10 UU AAPS disebutkan penilaian ahli merupakan salah satu cara penyelesaian sengketa di luar pengadilan. Bunyi pasal ini memberikan peluang bagi notaris untuk memberikan penilaian ahli apabila terjadi sengketa antara para pihak dalam sebuah akta autentik, namun baik UU AAPS dan UU JN belum memberikan pengaturan yang lengkap mengenai hal ini. Oleh sebab itu, diperlukan pengaturan yang lebih lengkap sehingga notaris dapat berperan lebih besar dalam penyelesaian sengketa yang muncul. Penilaian ahli yang dilakukan oleh notaris akan membantu para pihak untuk memahami pokok permasalahan yang sedang dihadapi dan membantu terselesaikannya sengketa tersebut. Metode penelitian yang digunakan adalah penelitian yuridis normatif, yaitu dengan penelitian yang difokuskan untuk mengkaji penerapan kaidah-kaidah atau norma-norma dalam hukum positif. Penemuan dari penelitian ini adalah pengaturan yang lengkap mengenai hak notaris untuk memberikan penilaian ahli, serta kekuatan hukum penilaian tersebut.

Article 23—Common Provisions

2021 ◽  
pp. 408-408
Author(s):  
Eleonora Rosati
Keyword(s):  
Computer Program ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Protection ◽  
Computer Programs ◽  
Member States ◽  
Adjustment Mechanism ◽  
The Common ◽  
The Right

This chapter covers the common provisions in Article 23 of the copyright order in Europe, Directive 2019/790. It refers to Member States that are required to ensure that any contractual provision that prevents compliance with the transparency obligation and contract adjustment mechanism will be unenforceable in relation to authors and performers. It also looks at the legislation that causes non-compliance with the alternative dispute resolution procedure. The chapter points out that the provisions on the right of revocation do not apply to authors of a computer program within the meaning of Article 2 of Directive 2009/24/EC on the legal protection of computer programs. It emphasizes that the principle of appropriate and proportionate remuneration in Article 18 of Directive 2019/790 do not affect individuals involved in computer programs.

scholarly journals Legal Protection of the Registered Trademark Owner in the Constitutive System (First to File) in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 06014
Author(s):  
Raden Murjiyanto
Keyword(s):  
Research Method ◽  
Research Study ◽  
Legal Protection ◽  
Court Decisions ◽  
Registered Trademark ◽  
The Right

Since the enactment of Law Number 19 of 1992 on Trademarks that had been amended last with the enactment of Law Number 20 of 2016 on Trademarks, it applies the Constitutive System (First to File) which is a change from the old system of the Declarative System (First to Use). Therefore, the legal protection is determined by a registration. However, there are still many lawsuit cases of trademark cancellation. Based on the Constitutive System, the right is granted to the first registrant. Some cases are based on a lawsuit from a party who feels as the owner of the trademark, but registered by another party. The research study, titled Legal Protection of the Registered Trademark Owner in the Constitutive System (First to File) in Indonesia, based on the problem: the first problem is how is the form of legal protection of registered trademark owner in the Constitutive System in Indonesia? The second problem is why with the Constitutive System are there still many trademarks that have not been registered? The research method used normative research method, by reviewing the documents, court decisions and applicable legislation.

scholarly journals Problematika Hukum dan Alternatif Penyelesaiannya Bagi Konsumen Pengguna Jasa Aplikasi Gojek dan Grabcar sebagai Angkutan Berbasis On Line

2019 ◽  
Vol 4 (2) ◽  
pp. 91
Author(s):  
Dwi Handayani ◽  
Muhammad Ilyas
Keyword(s):  
Life Insurance ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Issues ◽  
Legal Action ◽  
Transportation Services ◽  
Application Service ◽  
The World ◽  
On Line

Various legal issues that have surfaced to date cannot be separated from the development of information technology that has mastered the world map. People as consumers really need fast and cheap transportation services to transport people or goods to meet their daily needs. The presence of the Gojek and GrabCar application services is one of the solutions needed by the community at this time, but there is no legal umbrella that regulates people’s transportation services for motorbikes or motorbikes and the transportation of people or passengers to Gocar or Grabcar in private cars, causing various legal issues in its application. Legal issues that arise, are forms of legal protection for consumer users and dispute resolution due to default by one of the parties. The research method is empirical research by processing primary and secondary data, which are then analyzed qualitatively. Conclusions on the results of the discussion: a form of legal protection for consumers and drivers in the form of compensation or assistance in the amount of five to 10 million rupiahs for guaranteed protection for hospital fees and in the event of accidents and life insurance guarantees from AXA Group. The procedure for resolving a default by a Gojek-GrabCar application provider as a result of private law or civil relations is that the application service user as a party to the agreement can choose to take legal action (litigation) or peace/mediation/conciliation (non-litigation).

scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGOBATAN TERAPI BEKAM DI WILAYAH BOGOR

2021 ◽  
Vol 13 (1) ◽  
pp. 72
Author(s):  
Budi Santoso
Keyword(s):  
Traditional Medicine ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Qualitative Approach ◽  
Traditional Treatment ◽  
Bargaining Position ◽  
Dispute Resolution Mechanism

The objectives of this study are: 1) To determine and analyze the legal protection of consumers from traditional medicine with the method of cupping treatment in the Regency and City of Bogor. 2) To find out and analyze the responsibilities of cupping treatment businesses in Bogor Regency and City towards consumers who have suffered losses. The research method used in this study is a normative juridical research that uses a qualitative approach. The results of this study are: 1) Protection of cupping treatment consumers in Bogor Regency and Bogor City, in dispute resolution can be done through a mechanism that has been regulated in the Consumer Protection Law, namely through a dispute resolution mechanism in court or outside the court. 2) The responsibility of the cupping treatment business actors to consumers who are harmed can be accountable for their actions both civil and criminal. This is aimed at increasing the bargaining position of consumers in making transactions with business actors, so that they are not treated arbitrarily because there is a law that regulates it.Keywords: Legal Protection; Consumer; Traditional Treatment.

scholarly journals Perlindungan Pemilik Rahasia Dagang Dalam Perjanjian Waralaba

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Anik Tri Haryani
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Alternative Dispute Resolution ◽  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
Conceptual Approach ◽  
Legal Consequences ◽  
Research Show

Tight business competition requires creativity for entrepreneurs to stay competitive by seeking new breakthroughs in developing their businesses. Many franchise models are chosen to develop businesses. One of the criteria for franchising is the Intellectual Property Rights that have been registered including trade secrets. The purpose of this study is to examine the legal protection of trade secret owners in a franchise agreement, and legal consequences if there is a violation of trade secrets in the franchise agreement. The method used in this study is juridical normative with a law approach and conceptual approach. The results of the research show that the protection of trade secrets in the franchise agreement can be done by making an agreement which contains a confidential information, non disclosure agreement clause, a non compete agreement as well as a non solicitation agreement clause. Legal consequences in the event of a violation of trade secrets in the franchise agreement can be prosecuted civilly by paying compensation through a lawsuit to court or can be resolved through arbitration or alternative dispute resolution. In addition, it can also be prosecuted according to Article 17 paragraph (1) of Law Number 30 of 2000 concerning Trade Secrets with the penalty of imprisonment of a maximum of two years and a maximum fine of three hundred million rupiah.

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.

Sign in / Sign up

Export Citation Format

Share Document