Keadilan : Jurnal Fakultas Hukum Universitas Tulang Bawang
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Published By Universitas Tulang Bawang Lampung

2623-1867, 1858-4314

2021 ◽  
Vol 19 (2) ◽  
pp. 92-103
Author(s):  
Dilla Nandya Oksitania ◽  
Erlina B ◽  
Yulia Hesti

Abstract Land is the most important element for humans to be able to live, this is because  it is where natural and man-made resources grow and are also built. Indonesia regulates land ownership through this land law so that land use or management can be carried out carefully now and in the future. The land issue concerns the most basic rights of the people. The purpose of the study was to determine the consignment process in the District Court as a form of settlement of compensation for toll road land acquisition and its legal consequences. The results showed that the consignment process for compensation began with an application for consignment safekeeping, then an offer was made by the court bailiff accompanied by 2 (two) witnesses at the respondent's residence. The consignment waives the obligation as the debtor, because the consignment can be equated with making payments. All processes must be carried out in a manner that has been regulated by laws and regulations. Consignment is carried out so that government projects continue to run, through a deliberation mechanism that should be a means to find a middle way in determining the amount of compensation, often no agreement is reached. Keywords : Sumatra Toll Road, Consignment, Land Acquisition.


2021 ◽  
Vol 19 (2) ◽  
pp. 104-120
Author(s):  
Alfredo Juniotama Arifin ◽  
Ruth Elizabeth Marlamb Putri ◽  
Tiara Patricia

Abstract In running a business, every producer who has a work must be appreciated for his work. The form of appreciation can be done by registering his work to get intellectual property rights so that it can be protected by law. Intellectual Property Rights (IPR) are exclusive rights granted by a law or regulation to a person or group of people for their copyrighted works. In Indonesia IPR has not been implemented properly due to lack of socialization from the government and lack of concern from the community. This encourages the Indonesian government to be more concerned about copyright infringement. Along with the implementation process, it is undeniable that there are still many individuals who do not comply and use a work for commercial purposes. The research method used is the juridical-normative research method. For example, on January 13, 2020, Ruben Samuel Onsu sued I Am Geprek Bensu belonging to PT. Benny Sujono or abbreviated as I Am Geprek Bensu with a trademark abuse lawsuit. There is a need for government supervision of the use of other people's copyrighted works, good coordination between the government and the community so as to minimize the opportunity to commit fraud against a work. Based on the results of the study of cases that occurred, that victims of IPR violations are protected by law based on a first to file system.  Keywords : Intellectual Property Rights, Legal Protection, Intellectual Property Rights Violation Victims


2021 ◽  
Vol 19 (2) ◽  
pp. 130-140
Author(s):  
Suci Permata ◽  
Tami Rusli ◽  
Melisa Safitri

Abstract Karaoke places are in great demand from various circles. All karaoke places have the same goal, which is to provide entertainment for the family or take a moment to unwind from the daily routine. Karaoke places always serve songs with various choices from all the creations of Indonesian singers. But of course the songs that are served have been licensed first. Regarding this license, basically it must be agreed by both parties without coercion. Copyright protection, especially for music or song creations, is a serious problem. This situation shows that there is still a need for stricter legal protection regarding the protection of royalties on a song or music copyrighted work and the protection of the rights contained therein. The purpose of the study was to determine the implementation of copyright royalty payments on songs between the creator and karaoke entertainment business actors and the inhibiting factors for the payment of copyright royalties on songs between the creator and performer in karaoke entertainment at Orange Family Karaoke. The method used in this research is empirical juridical. The data that has been systematically arranged were analyzed qualitatively. The results showed that the distribution of royalties is managed by the Collective Management Institute (LMK). The institution is authorized by the creator to exercise the economic rights of the creator. The barrier to royalty payments is due to the lack of socialization and understanding of royalty payments and the high cost of royalty payments.  Keywords: Royalty, Copyright, Karaoke


2021 ◽  
Vol 19 (2) ◽  
pp. 79-91
Author(s):  
Eny Sulistyowati ◽  
Muh. Ali Masnun ◽  
Mahendra Wardhana ◽  
Arinto Nugroho ◽  
Nurul Hikmah

AbstractThe real contribution of fish farmer in the development of the national economy through the amount of fisheries production is not followed by the level of welfare of the fish farmer. That the welfare of fish farmers to be able to fulfill their needs with the income they obtain is still very limited. This article aims to analyze the legal empowerment model of fish farmer through the triple helix model development approach. This research is a sociolegal research which is a mixed method between legal research methods and social science. The data used are primary data and secondary data. The results showed that normatively, the role provisions of the government and fish breeders have been clearly regulated, but the provisions for tertiary institutions have not been regulated, even though the role played by universities is no less important. Higher education as one of the elements in the triple helix has human resources who are able to provide knowledge and understanding related to production sharing agreements through legal assistance and mentoring workshops. The government is responsible for the welfare of its citizens, not only acting as a regulator, but also as a facilitator, dynamist and catalyst. Keywords : Legal Empowerment, Fish Farmer,Triple Helix


2021 ◽  
Vol 19 (2) ◽  
pp. 120-129
Author(s):  
Riza Yudha Patria

Absract  Children are interpreted as a gift from God to make them happy and strengthen the bond of love between a husband and wife. In fact, there are married couples who do not have the desired offspring, for various reasons, ranging from medical causes to hereditary factors. Married couples will try to bring children in the middle of their domestic life, by adopting children. The problem in this paper is the requirements for adopting a child and the status of an adopted child according to civil law. The purpose of this study was to find out how the process of applying for child adoption. The approach method used in this research is the statutory approach. The method of presenting data in this research is done descriptively. The analysis used in this paper is conceptual. The results of the study indicate that the conditions for adopting a child can be carried out in accordance with the Circular Letter of the Supreme Court of the Republic of Indonesia NO. 6/83 which regulates how to adopt a child stating that to adopt a child, you must first submit an application.  Keywords: Civil law, Adoption, Child


2021 ◽  
Vol 19 (1) ◽  
pp. 57-78
Author(s):  
Ahmad Siboy

The purpose of this reseach is to describe the factors and implications of the proliferation of political dynasties and to find designs to create dynastic politics that do not conflict with the spirit of local democracy in Indonesia. The problem of this research is the factors and implications that make politics flourish in simultaneous Pilkada and the ideal dynastic political design. The research method used is normative juridical through the concept of an approach, legislation, case approach and historical approach. The results showed that dynastic politics mushroomed because the regional head as the ruler was unable to run again, the ruler at the national level wanted to use his power to place family members as rulers at the regional level. As a result, many candidates for regional heads are nominated without the competence and willingness to become regional heads. The ideal dynastic political design can be achieved with the requirements to be declared valid as a candidate for regional head as well as regulations that prevent unqualified regional head candidates from fulfilling formal or legal requirements as regional head candidates.


2021 ◽  
Vol 19 (1) ◽  
pp. 26-39
Author(s):  
Dwi Syahputra

The main focus of the research is the application of criminal sanctions against phone cell users while driving. The inhibiting factors in the application of criminal sanctions against cell phone users while driving. The approach method used in this research is normative and empirical with descriptive-analytical. The results showed that the application of sanctions against the use of mobile phones while driving by motorized vehicle drivers was directly given a proof of violation and after that it was continued with a trial process in court and then paid a fine according to the judge's decision. The inhibiting factor in the application of criminal sanctions against the use of cell phones while driving lies in community factors and cultural factors. Community factors are very influencing because the applied legal rules will not run well if human resources or the community itself are not aware of the importance of obeying traffic rules.


Author(s):  
Erlina B ◽  
Okta Ainita ◽  
Fissabilla Novita

The main focus of this research is the factors that cause criminal acts, participate in marketing timber from illegal logging and the application of environmental criminal law to the perpetrators of criminal acts and participate in marketing timber from illegal logging. The research method used in this research is juridical normative and empirical. Based on the research results, it was found that the causes of illegal logging in Cikolak Teluk Pandan Village, Pesawaran District, included internal factors including educational factors, personal factors, biological pathogenic factors and pneumonia. External factors include environmental factors, lack of protection, lack of community empowerment, global development factors and economic factors. Enforcement of environmental criminal law against perpetrators of criminal acts by participating in marketing timber from illegal logging, namely imprisonment for 1 (one) year and a fine of Rp. 500,000,000.00 (five hundred million rupiah) provided that if the fine is not paid, it will be replaced by imprisonment for 2 (two) months.


2021 ◽  
Vol 19 (1) ◽  
pp. 12-25
Author(s):  
Novarisa Permatasari

The purpose of the research to determine the legality aspects of street vendors in the Malioboro tourist area and to analyze the applicable legal sanctions for violators of the rules for good area governance. Street vendors carry out their business to support the economy in fulfilling their daily needs, but there is a need for the realization of an arrangement of regional spatial functions that takes into account all aspects optimally. The Yogyakarta City Government has made a policy in terms of structuring street vendors in order to create a good spatial plan in the Malioboro area. The data collection method in this research is juridical normative by examining secondary data. The results of the study concluded that the street vendors in the Malioboro area can be recognized if they already have a Location Use Permit and have an Identity Card based on the location and provisions on the type of goods. The prohibition for street vendors trading in the Malioboro area is regulated in a Yogyakarta Mayor Regulation and a Yogyakarta City Regional Regulation. Violators of the rules can be subject to criminal sanctions and administrative sanctions as stated in the regulation.


2021 ◽  
Vol 19 (1) ◽  
pp. 40-56
Author(s):  
Satrio Hadi ◽  
Dina Sukardi

The focus of research is on the strength of evidence for child witness testimony in criminal acts of sexual intercourse and the basis for judges' consideration in using child witness evidence in Decision Number: 17 / Pid.Sus.Anak / 2014 / PN.TJK. The objectives to be achieved are to analyze the strength of the evidence for child witnesses in the criminal act of sexual intercourse and to analyze the basis for judges' consideration in using evidence for child witnesses in Decision Number: 17 / Pid.Sus.Anak / 2014 / PN.TJK. The research method uses a normative and empirical approach. Based on the results of the research, it is known that the strength of evidence of child witness testimony in the crime of sexual intercourse in accordance with Decision Number: 17 / Pid.Sus.A child / 2014 / PN.TJK only acts as a guide or additional valid evidence and information that can strengthen the judge's conviction. to further prove the guilt of the accused, and can be used to prove the indictment of the Public Prosecutor. The victim witness was not sworn in because he was not yet 15 (fifteen) years old.


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