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:: Abstract List ::

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| 61 |
Law |
ABS-41 |
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FORCE MAJEUR CONCEPT IN IMPLEMENTING SALE AND PURCHASE AGREEMENTS Rafiqi,Alvin Hamzah
FACULTY OF LAW, UNIVERSITAS MEDAN AREA
Abstract
An agreement is a legal act carried out between one or more legal subjects with one or more other legal subjects who agree to bind themselves to each other regarding certain matters in the field of wealth. The formulation of the problem is how the concept of Force Majeure applies in implementing a Sale and Purchase Agreement and what are the elements of Force Majeure in a Sale and Purchase Agreement. The concept of circumstances or events that occur beyond human control can eliminate the applicable legal responsibility. The elements of Force Majeure in an agreement are the existence of unexpected events, the existence of obstacles that make it impossible to carry out the performance, the inability is not caused by the debtor^s fault, the inability cannot be charged to the debtor and the debtor cannot fulfill obligations in other ways. Suggestions The Parties making an agreement must explain more clearly the concept and elements of Force Majeure so that there is no misunderstanding if the parties do not carry out their obligations in an agreement
Keywords: Force Majeure, Implementing, Sale And Purchase Agreements
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| Corresponding Author (Rafiqi -)
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| 62 |
Law |
ABS-42 |
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RESTORATIVE JUSTICE IN THE CRIME OF SEXUAL VIOLENCE FROM THE ASPECT OF HONOR FOR HUMAN DIGNITY Ani Triwati, restorative justice- sexual violence- dignity- honor
Semarang University
Abstract
Restorative justice in the crime of sexual violence requires special attention related to the honor of human dignity in this case the victim and understanding of restorative justice which has an impact in practice. The type of research is normative juridical with descriptive analytical research specifications. The participation of perpetrators, victims and the community is very important in resolving criminal acts of sexual violence with restorative justice. The law on the number 12 of 2022 concerning Criminal Acts of Sexual Violence, Article 23 determines that criminal acts of sexual violence cannot be resolved outside the judicial process, except for child perpetrators. The settlement with restorative justice in crimes of sexual violence does not mean that the case can be terminated, but as an effort to obtain recovery, especially to restore the honor for the victim dignity.
Keywords: restorative justice- sexual violence- dignity- honor .
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| Corresponding Author (Ani Triwati)
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| 63 |
Law |
ABS-47 |
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Regulation of the Obligation of Industrial Business Actors in Making Wastewater Treatment Plants (IPAL) According to Indonesian Legislation Fajar Khaify Rizky, Khalida Syahputri, Jelly Leviza, Riadhi Alhayyan
Universitas Sumatera Utara, Medan, Indonesia
Abstract
Wastewater is the residue of a processing process from business activities that has the potential for pollution and destruction and negative impacts on the environment. Therefore, every business actor, especially industrial business actors, is required to make a wastewater treatment plant (IPAL) and must comply with the provisions of regulations governing wastewater treatment in the environment. The problems of this research are the obligations of business actors in wastewater treatment and the regulation of the obligations of industrial business actors in making wastewater treatment plants (IPAL) according to laws and regulations. The purpose of the research is to find out the obligations of business actors in wastewater treatment and the regulation of the obligations of industrial business actors in making wastewater treatment plants (IPAL) according to laws and regulations. This research method uses normative legal research. The data collection technique uses literature study. The result of this research is that the obligation of business actors in wastewater treatment is regulated in Article 130 paragraph (1) of Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management which states that the person in charge of businesses and/or activities that produce wastewater must treat wastewater. Wastewater Treatment Plant (IPAL) management is an obligation for every industrial business in Indonesia in accordance with the governing regulations, namely Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 6 of 2023 concerning Job Creation, Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management and other implementing regulations.
Keywords: wastewater, industrial business, wastewater treatment plant (IPAL), environment
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| Corresponding Author (Fajar Khaify Rizky)
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| 64 |
Law |
ABS-49 |
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The Role of Regional Broadcasting Commissions in Supporting Media Content Diversity Sri Syamsiyah LS (a*, c), Dian Septiandani (b, c)
a. Communication Departement, FTIK, Universitas Semarang, Indonesia
*srisyamsiyah[at]usm.ac.id
b. Law Faculty, Universitas Semarang, Indonesia
c. Center for Public Policy Research, LPPM, Universitas Semarang, Indonesia
Abstract
The media has an important role in the growth of a democratic climate. This is because the media is able to voice various things from various groups. For example, in the news of the general election. The media should be able to show the diversity of its content, so that the content of the media is not only for one particular group but is able to provide diversity. Indonesia, one of the institutions that has the task of regulating broadcasting is an institution called the Indonesian Broadcasting Commission. This institution has an organizational structure down to the regions called KPID. KPID as an institution that regulates regulations is expected to be able to support this diversity. How KPID supports media diversity efforts is a problem in this study. This research was conducted qualitatively at the Central Java KPID. This research is expected to produce a picture of how KPID^s efforts support the principle of diversity in the context of enforcing democracy in Central Java
Keywords: Democracy- Diversity- General Election- KPID- Broadcasting- Media- Content
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| Corresponding Author (Sri Syamsiyah LS)
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| 65 |
Law |
ABS-50 |
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Access to Justice for Child Victims: Examining the Juvenile Justice System Ahmad Sofian and Rena Yulia
Bina Nusantara University and Sultan Ageng Tirtayasa University
Abstract
Crimes committed by children with child victims often cause prolonged polemics. In many cases, when the perpetrator is a child and the victim is a child, an out-of-court settlement (diversion and restorative justice) is carried out, but unfortunately this settlement does not bring justice to the child as a victim. Another issue that arises is whether diversion is also in the best interest of the child victim? How is access to justice for child victims in the juvenile criminal justice system? The purpose of this research is to examine access to justice for child victims in the juvenile criminal justice system. The method used is legislative approach in the framework of criminal law reform. The results showed that the juvenile criminal justice system has not provided access to justice for child victims. Therefore, it is necessary to regulate the involvement of child victims in the diversion process, the right of child victims to obtain restitution from any criminal offense committed by the child and the right to obtain a new identity for child victims who need it. This is the provision of access to justice for child victims within the framework of reforming the juvenile criminal justice system.
Keywords: child victim- juvenile criminal justice system- restitution
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| Corresponding Author (Rena Yulia)
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| 66 |
Law |
ABS-53 |
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The Application of Environmental Law Principles in the European Union Free Deforestation (EUDR) and Impacts on Indonesian Palm Oil Siti Khairunnissa (a*), Mia Aulina Lubis (b), Fajar Khaify Rizky(a)
a) Faculty of Law, Universitas Sumatera Utara
b) The Faculty of Social and Political Science, Universitas Sumatera Utara
Abstract
The European Union Free Deforestaion (EUDR ) aimed at tightening compliance with local environmental laws through the introduction principles such as the precautionary principle, sustainable development, and the principle of intergenerational equity are examined to understand their role in shaping European Union regulations. The study assesses how environmental law principle guidethe European Union efforts to curb deforestation associated with Indonesia palm oil imports and evaluates their effectiveness in promoting sustainable practices among Indonesian producers. The research involves a comprehensive review of relevant legislation, policy documents, and case studies, alongside interviews with key stakeholders, including policymakers, industry representatives, and local farmers. he research involves a comprehensive review of relevant legislation, policy documents, and case studies, alongside interviews with key stakeholders, including policymakers, industry representatives, and local farmers.
Keywords: Environmental Law Principle, European Union Free Deforestation (EUDR), Indonesian Palm Oi
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| Corresponding Author (SITI KHAIRUNNISSA)
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| 67 |
Law |
ABS-54 |
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CULTURAL HERITAGE: BELONGS TO THE INDIGENOUS PEOPLE OR TO THE STATE? LESLY SAVIERA, Khairuna Malik Hasibuan, Khairunnisa Ginting, Faradila Yulistari Sitepu
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Abstract
This article aims to discuss Indonesia^s legal protection over the ownership of cultural heritage and the fulfillment of the exclusive rights of Indigenous Peoples to Traditional Cultural Expressions. Through a juridical review, this article explores the role of national and international law in protecting the rights of Indigenous Peoples over their cultural heritage. The protection of cultural heritage is the responsibility of the state, as stipulated in Article 38 paragraph (1) of Law Number 28 of 2014 concerning Copyright. However, the state must also respect the rights of Indigenous Peoples as the exclusive rights holders of their cultural creations. This is in line with the United Nations Declaration on the Rights of Indigenous Peoples, which states that governments around the world must protect and guarantee the rights of indigenous communities, including their history, language, oral traditions, writing systems, philosophy, and literature.
Keywords: Indigenous Peoples, legal protection, cultural heritage
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| Corresponding Author (LESLY SAVIERA)
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| 68 |
Law |
ABS-58 |
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ECONOMICS ANALYSIS OF LAW IN CORRUPTION WHICH CREATED LOSSES STATE ECONOMY Suryanto Siyo (A) Agus Surohno (B) Nina Rosida (C)
Universitas Pancasila
Abstract
Absence of legal norms in Eradication of Criminal Act Of Corruption which clearly explains the causal relationship between criminal acts of corruption and losses to the state^s economy tends to narrow the responsibility of perpetrators of criminal acts of corruption to only direct and real losses. In interpreting the concept of harming the country^s economy, there are still many disagreements which can have implications for giving rise to legal uncertainty and harming justice. Several corruption cases which are thought to be detrimental to the satate^s economy also have different relationships, such as the Duta Palma Group in Palm oil corruption case and the misuse of the Tanjung Emas Bonded Zone, Surabaya. On the other hand, the State^s economic losses cannot be equated with pure economic losses to a crime victim which allows for the redistribution of wealth from one person to another, but is seen from the impact of acts of corruption on the broad impact on community resources and social losses. Contribution of the economic approach to criminal acts of corruption that harm the state^s economy can show the existence of a transitive relationship as a pattern of inference between an act of corruption that benefits oneself or others with losses the state^s economy.
Keywords: Corruption, Economic and social
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| Corresponding Author (Suryanto Siyo)
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| 69 |
Law |
ABS-59 |
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HARMONISING DIGITAL AND LEGAL FRAMEWORKS TO IMPROVE ONLINE LENDING PRACTICES AGAINST PREJUDICIAL ACTS IN INDONESIA Yuyut Prayuti(1), Happy Yulia Anggraeni(2), Yeni Nuraeni(3), L. Alfies Sihombing(4), Erna Listiawati(5)
(1)(2) Fakultas Hukum, Universitas Islam Nusantara (3)(4) Fakultas Hukum, Universitas Pakuan (5)Sinergi Foundation
Abstract
The pervasive integration of digital technology is perceived as a means to enhance efficiency in various services, including online lending platforms. According to data from the Indonesian Internet Service Provider Association (Asosiasi Penyelenggara Jasa Internet Indonesia, APJII), internet users in Indonesia have reached 78.19% in 2023, equating to 215,626,156 individuals out of a total population of 275,773,901. This digital penetration presents both challenges and opportunities for the growth of the digital economy in Indonesia. The Financial Services Authority (Otoritas Jasa Keuangan, OJK) reported over 17,000 cases between January and July 2024, involving consumer complaints against financial technology services such as data misuse, unethical lending practices, and aggressive debt collection. This underscores the urgent need to harmonize technology penetration. Previous studies primarily focused on legal and legislative aspects- this study complements them by incorporating empirical data, comparative analyses, and socio-economic impacts. Grounded in theories of justice and utilitarianism, this research aims to critique and identify potential gaps in the Consumer Protection Law from prejudicial practices to develop a model for online loan agreements that is significant (fair and transparent) through the unexplored realm of blockchain technology, alongside formulating strategies for improving accessibility and understanding of digital literacy as a preventive measure against prejudicial actions. The methodology employed is qualitative descriptive with a normative-empirical, comparative, and conceptual approach. The primary legal material analyzed is Law Number 8 of 1999 on Consumer Protection, supported by secondary literature including books, journals, and related articles.
Keywords: Consumer Protection- Digital Literacy- Online Loan Agreement- Prejudicial Action- Technology
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| Corresponding Author (Erna Listiawati)
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| 70 |
Law |
ABS-63 |
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THE DYNAMICS OF GOOD SPORT GOVERNANCE IN THE SPORTS LAW SYSTEM IN INDONESIA Nina Silvana, Endra Wijaya, Cindy Aulia Fatharani, Muhammad Hasbi, Syafara Azahwa, Zakia Syarika Zulkifli
Faculty of Law, Universitas Pancasila, Jakarta
Abstract
The sports sector in Indonesia is not only related to issues of physical activity, achievement and feelings of pride in the country. Furthermore, sport is also closely related to financial well-being and income. Therefore, the sports sector must be managed well, guided by the concepts or principles of good governance. When these concepts or principles of good governance are put into practice in a sports activity in its broader context, they will establish to what are called concepts or principles of Good Sport Governance. The aim of the study focuses on the issue of how are the principles of Good Sport Governance adopted into the sports law system in Indonesia? What are the dynamics? What are the obstacles of it? This study will use doctrinal legal research methods. The secondary data that will be examined comes from several laws and regulations that regulate the governance of sports activities in Indonesia. The preliminary conclusions from this study are: first, the principles of Good Sport Governance have been adopted into the Indonesian legal system, starting from the statutory level to government regulations. Most of the principles of Good Sport Governance adopted are the same as the principles of Good Sport Governance that have been developed previously in European and North American countries. However, in the Indonesian context, there are also unique Indonesian elements that are included in the concept and principles of Good Sport Governance. Second, the development of Good Sport Governance in Indonesia still faces a number of obstacles, such as political intervention and institutional problems.
Keywords: Deliberation- Good Sport Governance- Law of Sports System
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| Corresponding Author (Endra Wijaya)
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| 71 |
Law |
ABS-64 |
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CHILD LABOR PROTECTION IN INDONESIA: ITS LEGAL ASPECTS AND CHALLENGES Nina Rosida, Endra Wijaya, Cindy Aulia Fatharani, Muhammad Hasbi, Syafara Azahwa, Zakia Syarika Zulkifli
Faculty of Law, Universitas Pancasila, Jakarta
Abstract
The use of child labor in Indonesia is still problematic. On the one hand, there are legal provisions that strictly prohibit the use of child labor, but on the other hand, for several reasons, child labor are still employed in several industrial or factory activities. Thus, in the Indonesian context, the fact is that there is still a gap between legal regulations that prohibit or strictly control child labor and industrial practices that still employ child labor. This study will discuss the problem of child labor that occurs in Indonesia. How does the Indonesian legal system regulate child labor? And what are the obstacles faced in efforts to monitor or provide protection for child labor in Indonesia? This study uses socio-legal research methods and relies on primary and secondary data. Information obtained through interviews with relevant sources will also be examined in this study. This study concludes that: first, the problem of child labor has been regulated in several laws and regulations, although some of them are still not synchronized or consistent. Second, at the grassroots level, there are still several factors that actually create or encourage the continued emergence of child labor employed in certain industries or factories. Some of them are even included in the category of industries that are dangerous for children.
Keywords: Child Labor- Legal Protection- the Rights of the Child
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| Corresponding Author (Endra Wijaya)
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| 72 |
Law |
ABS-65 |
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LEGAL PROTECTION FOR JUSTICE COLLABORATOR IN INDONESIA: CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS PERSPECTIVE Didi Sunardi, Oliver, Endra Wijaya
Faculty of Law, Universitas Pancasila, Jakarta
Abstract
In the context of criminal law system, the issue of protecting human rights is always interesting to observe. Not only for victim, it is also important to guarantee and provide human rights protection to suspect/defendant. Moreover, if the suspect/defendant has the status of a justice collaborator. Justice collaborator has an important role in the criminal law system in Indonesia, and even in several criminal cases that have attracted public attention, justice collaborator has become key actor who has succeeded in uncovering the criminal cases that occurred. Therefore, maximum protection for justice collaborator is a very important thing to strive for. In the Indonesian criminal law system, several regulations regarding justice collaborator have been made by law makers, but in practice several obstacles are still found. Based on that background, this study will then discuss the following research question: what are the dynamics of legal protection for justice collaborator in Indonesia? And how is justice collaborator protection from the view of human rights perspective? This study uses the doctrinal legal research methods that relies on secondary data in the form of relevant legal materials. Data are analyzed qualitatively using statutory and conceptual approaches. This study concludes that justice collaborator has indeed been regulated in many laws and regulations in Indonesia, but in terms of substance and institutions there are still several weaknesses. From the human rights perspective, protection of justice collaborator is a form of protection from the state for all citizens without discrimination, even though they are in the position of a suspect/accused (equality before the law principle). And for victim, protection for justice collaborator can be meaningful as a further effort to completely uncover the case to find the parties who are legally responsible.
Keywords: Criminal Justice System- Equality Before the Law- Legal Protection
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| Corresponding Author (Endra Wijaya)
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| 73 |
Law |
ABS-73 |
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An Environmentally Sustainable Tin Post-Mining Reclamation Policy at Belitung Timur Regency Bangka Belitung Islands Province IGA Gangga Santi Dewi, Made Wiryani
Diponegoro University
Abstract
Mining activities, if not carried out properly, can have a negative impact on the environment, especially the disruption of the balance of the land surface which is quite large. These impacts include mining pits, decreased soil productivity, erosion and sedimentation, disruption of population safety and health, and changes in microclimate. Restoration of soil conditions so that it can function in accordance with its designation is carried out through post-mining reclamation. This research discusses the reality of tin mining and post-mining reclamation policies in Belitung Timur Regency. The research approach is juridical sociological by using a descriptive qualitative approach with a form of field research at a damaged mining location. The result of the research is that tin mining in Belitung Timur greatly improves the economy of the surrounding community even though it is illegal. Tin mining that is not well regulated by the local government, accompanied by the absence of awareness to preserve the environment by all stake holders, brings environmental destruction in Belitung Timur Regency. The policies of the local government and the ESDM Office of Kepulauan Bangka Belitung Province related to post-mining reclamation for sustainable environmental recovery must be carried out by business actors. Law enforcement must be carried out to preserve a sustainable environment in Belitung Timur Regency.
Keywords: policy, post-mining reclamation, sustainability
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| Corresponding Author (Iga Gangga Santi Dewi)
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| 74 |
Law |
ABS-78 |
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Bridging the Gap: Ensuring Justice for Marginalized Victims of Trafficking and Exploitation Mahmud Mulyadi(a*), Putri Rumondang Siagian(a), Rosmalinda(a), Liza Hafidzah Yusuf Rangkuti(a), Nabila Afifah Salwa(a)
a) Faculty of Law, Universitas Sumatera Utara
Jalan Universitas 4, Medan 20155, Indonesia
*mahmudmulyadi.dr[at]gmail.com
Abstract
This paper explores the critical need for enhancing access to justice for marginalized victims of trafficking and exploitation. Despite growing awareness of human trafficking as a pervasive issue, many victims, particularly from marginalized communities, remain inadequately protected and supported within legal frameworks. This study examines the systemic barriers that hinder these individuals from obtaining justice, including socio-economic disparities, lack of awareness of legal rights, and institutional biases. By analyzing case studies and current policies, the research highlights the urgent need for a multifaceted approach that includes legal reform, victim advocacy, and community support systems. It argues that addressing these gaps not only empowers victims but also fosters a more equitable society. Furthermore, the paper emphasizes the role of interdisciplinary collaboration among legal practitioners, social workers, and community organizations in creating a holistic support network for victims. By bridging the gap between marginalized populations and the justice system, we can cultivate an environment where all individuals, regardless of their background, have equal access to justice and can reclaim their rights. Ultimately, this paper aims to contribute to ongoing discussions about social justice and human rights, advocating for inclusive policies that prioritize the needs and voices of those most affected by trafficking and exploitation.
Keywords: access to justice- marginalized victims- human trafficking- legal aid
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| Corresponding Author (Liza Hafidzah Yusuf Rangkuti)
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| 75 |
Law |
ABS-83 |
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JURIDICAL REVIEW OF CREDIT UNION LEGAL ENTITY FORM TOWARD COMMUNITY ECONOMIC EMPOWERMENT Endang Setyowati, Helen Intania, Tumanda Tamba
Universitas Semarang
Abstract
ABSTRACT
Credit Union (CU) is a microfinance institution that is starting to grow and spread in Indonesia. Credit Unions are engaged in the business of forming capital through regular and continuous savings from members which are then lent to their members in a fast, cheap, easy and precise manner for productive purposes and increasing welfare. The existence of Credit Unions really helps the community, especially for micro and small economic actors. In reality, the legal entity form of a Credit Union is analogous to a Savings and Loans Cooperative. The legal basis used in running a Credit Union is Law Number 25 of 1992 concerning Cooperatives, Government Regulation Number 9 of 1995 concerning the Implementation of Savings and Loans Business Activities by Cooperatives, and Minister of Cooperatives Regulation Number 11 of 2018 concerning Licensing of Savings and Loans Businesses by Cooperatives. Meanwhile, the provisions regarding the implementation of Credit Union activities are based on the Model Law for Credit Unions. The problem formulation in this research is- 1) What are the weaknesses in the regulation of Credit Union legal entity forms in the legal system in Indonesia? 2. How is the juridical study of the form of a Credit Union legal entity based on the value of justice? The type of approach used is normative juridical with a qualitative case approach. Data sources consist of primary and secondary data sources, data collection methods use library studies and field studies. Through this research, it is hoped that a juridical study can be found which will later become the best solution regarding the legal entity form of the Credit Union. So with clarity on the form of legal entity, the Credit Union will be able to further develop its benefits for community economic empowerment. The government should design regulations regarding Credit Unions that are in accordance with the Model Law for Credit Unions, because Indonesia is a member of WOCCU.
Keywords: Juridical Review, Legal Entity, Credit Union
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| Corresponding Author (Endang Setyo wati)
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| 76 |
Law |
ABS-84 |
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Sustainable Development through Excise Extensification Policy: Study on the Implementation of Plastic Excise in Indonesia Carl Augustinus Hothinca Soutihon Tampubolon1, a), Rosa Agustina2, b), Ningrum Natasya Sirait1, c) , Budiman Ginting1, d) and Detania Sukarja1, e)
1 Faculty of Law, Universitas Sumatera Utara, Medan, Indonesia
2 Faculty of Law, Universitas Indonesia, Jakarta, Indonesia
Abstract
The commercial use of plastic is incresing and causes environmental and public health problems. This study aims to analyze why there is no regulation on the plastic excise extensification policy which is very important for the implementation of the excise extensification policy in the context of state revenue and sustainable development. This study used a qualitative descriptive method to describe in depth the implementation of the plastic excise policy in Indonesia. Data are obtained through the study of relevant national and international legal literature and documents. Qualitative analysis was used to identify the social, economic, and environmental impacts of such policies. The study found that the policy of implementing plastic excise has not been implemented due to the absence of regulations concerning the extensification of plastic excise among them, although legislative and executive have agreed to implement it, which is marked by the imposition of a plastic excise revenue target. The lack of regulations extending plastic excise hinders the achievement of state revenue targets under the excise policy and limits its effectiveness in supporting sustainable development, as expected within the framework of international relations.
Keywords: sustainable development, extensification of excise, plastic excise, state revenue, environment.
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| Corresponding Author (Carl Augustinus Hothinca Soutihon Tampubolon)
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| 77 |
Law |
ABS-86 |
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IMPLEMENTATION OF HUMAN RIGHTS IN THE SOCIAL ENVIRONMENT OF CORRECTIONAL INSTITUTIONS FROM THE PERSPECTIVE OF LEGAL DEVELOPMENT AND PANCASILA Nurhamdan
Faculty of Law Jenderal Soedirman Universty
Abstract
This study aims to analyze the implementation of human rights in the social environment of correctional institutions (Prison) from the perspective of legal development and Pancasila values. Correctional institutions as institutions that accommodate prisoners have an obligation to not only carry out the function of guidance, but also ensure that the basic rights of prisoners are respected. This research uses empirical juridical method, the results show that although there are regulations that guarantee the protection of human rights for prisoners, implementation in the field still faces various challenges. Factors such as excessive prison capacity, lack of facilities, and limited human resources often cause prisoners^ rights to be neglected, such as the right to health, education, and humane treatment. However, there are efforts from some prisons that try to integrate the values of Pancasila, especially the second principle of just and civilized humanity, into prisoner development policies. Even so, the implementation of Pancasila values has not been evenly distributed and still requires strengthening. The conclusion of this study explains that the implementation of human rights in the social environment of correctional institutions from the perspective of legal development and Pancasila still requires significant improvement. Existing regulations must be more consistently enforced with an emphasis on Pancasila values as an ethical guide in fostering prisoners.
Keywords: Human rights- Correctional Institution- Pancasila.
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| Corresponding Author (Nurhamdan Nurhamdan)
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| 78 |
Law |
ABS-92 |
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Due Process of Law in the Process of Asset Forfeiture in the Crime of Money Laundering Derived from Corruption Crime Hanifah Azizah* Topo Santoso* Yunus Husein* Mahmud Mulyadi
Universitas Sumatera Utara* Universitas Indonesia
Abstract
Corruption is an extraordinary crime that has created an emergency condition in Indonesia. Based on the Corruption Perception Index, Indonesia ranks at the bottom, indicating that Indonesia is in a corruption emergency. Corruption is a predicate crime that can then lead to money laundering crime. These two crimes are also called extra ordinary crime and transnational crime, therefore they must be dealt with in an extraordinary way as well. Therefore, it is necessary to seize assets in money laundering crimes originating from corruption crimes. Some of the main problems that will be discussed are how is the legal framework for asset forfeiture in the case of money laundering that begins with a criminal act of corruption? Then, how is the criminal law policy for asset forfeiture that can guarantee Due Process of Law? The purpose of this research is to answer these research problems. This research uses normative juridical method with statutory, case, and conceptual approaches. The result of the research is that the legal framework for asset forfeiture in the case of money laundering that begins with the crime of corruption in the current criminal justice system is still not spearheaded and does not seem to be running well. A good framework is to maximise the legal system in law enforcement with certainty. The criminal law policy for asset forfeiture that can guarantee the expected Due Process of Law is that asset forfeiture is carried out to all cronies involved in corruption, without exception to the family, and the death of the suspect or defendant does not cancel the obligation to return assets to the state. This needs to be maximised in order to reduce the number of state financial losses due to corruption and money laundering crime.
Keywords: Asset Forfeiture- Corruption- Due Process of Law- Money Laundering
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| Corresponding Author (Hanifah Azizah)
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| 79 |
Law |
ABS-95 |
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Legal Protection Of Indigenous Peoples And Traditional Communities In Indonesia From The Perspective Of The Social Environment Amri Panahatan Sihotang , Wafda Vivid Izziyana
universitas semarang
Abstract
Legal protection for indigenous peoples and traditional communities in Indonesia has become a crucial issue in the context of a dynamic social environment. Indigenous and traditional communities have inherent rights to the land, culture and natural resources that support their lives. However, modernization and industrial development often threaten the survival of these rights. This article aims to analyze the effectiveness of legal protection for indigenous and traditional communities in Indonesia from a social environmental perspective, particularly in relation to the utilization and conservation of natural resources and community welfare. The analysis is conducted by highlighting existing legal and regulatory policies, as well as the role of the government, social institutions, and non-governmental organizations (NGOs) in providing legal protection. This research uses a normative juridical approach with a case study method in several regions in Indonesia that have indigenous and traditional communities in Indonesia. The results show that although there are various regulations and policies implemented to protect the rights of indigenous peoples and traditional communities, their implementation in the field still faces many challenges. The gap between legal regulations and practical realization leaves indigenous peoples vulnerable to land conflicts, environmental degradation and social discrimination. The government and relevant agencies tend to focus on economic and development interests, which are often at odds with the principles of social and environmental sustainability for indigenous peoples. However, in some areas, interventions by NGOs and international organizations have had a positive impact in raising awareness of indigenous peoples^ rights and encouraging their participation in decision-making. This research recommends strengthening more inclusive policies and improving monitoring mechanisms and law enforcement at the local level so that the protection of indigenous peoples can be realized more effectively and sustainably
Keywords: legal protection, custom, traditional, social environment
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| Corresponding Author (Amri Panahatan Sihotang)
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| 80 |
Law |
ABS-96 |
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THE URGENCY AND IMPLEMENTATION OF CROSS-COUNTRY COMPARISON OF PRODUCTIVE WAQF TO IMPROVE THE WELFARE OF PEOPLE IN THE SOCIAL ENVIRONMENT Dhian Indah Astanti, Mukharom, Wafda Vivid Izziyana
universitas semarang
Abstract
Productive waqf not only covers financial aspects but also has a great influence on the social environment, as the funds generated are used to support various community needs, such as education, health, and poverty alleviation. Under the conditions of the COVID-19 pandemic, the role of productive waqf becomes even more vital to meet the urgent needs of the community, create solidarity networks, and support social stability through sustainable social assistance. Effective productive waqf management can make a significant contribution to improving people^s welfare by ensuring that optimized waqf assets have a direct positive impact on the beneficiary community. This research is conducted descriptively analytically, with an empirical juridical approach, so the data used in this research are primary data, and secondary data. Primary data is collected by interviewing the subjects determined by the researcher, namely the authorized agency / institution, while secondary data is obtained from literature, laws and regulations and related documents. The problem is how the urgency and implementation of productive waqf in various countries and how the forms of productive waqf. The result is that the development of waqf in the social environment does not only occur in Islamic countries or countries where the majority of the population is Muslim. In the United States, for example, as a country where the Muslim population is still a minority, they are able to develop the existing waqf productively. To develop waqf assets, various programs are carried out that greatly support the increase of waqf assets. Programs related to the development and utilization of waqf assets receive a lot of support from various parties. This is clearly one of the success factors of the state in managing waqf in the social environment
Keywords: productive waqf, covid 19, welfare, social environment
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| Corresponding Author (Amri Panahatan Sihotang)
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| 81 |
Law |
ABS-97 |
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RESPONSIBILITY OF SOCIAL MEDIA PLATFORMS FOR CRIMES OF ELECTRONIC-BASED SEXUAL VIOLENCE AGAINST WOMEN IN INDONESIA Mega Ayu Faraswati1, b), Ahmad Sofian2, a)
Binus University Indonesia
Abstract
In writing this thesis, the author explores the responsibility of social media platforms in overcoming electronicbased sexual violence in Indonesia. The author discusses the current state of social media in the country, defines and explains
electronic-based sexual violence, examines steps taken by platforms to combat it, and identifies challenges in holding platforms
accountable. The author also provides recommendations for a safer online environment. The new violence brought by
technological advances is known as Electronic-Based Sexual Violence (^KSBE^). Indonesian society still has no knowledge
about this form of violence. Cyber grooming, cyber abuse, hacking, Illegal content and privacy violations are categories of
electronic-based sexual violence or often referred to as KSBE. Social media also uses web-based technology to turn
communication into interactive dialogue, supporting online social interaction. Sexual violence is frequent and ongoing, with
serious, traumatic and sometimes lifelong impacts on victims. The TPKS Law is a tool for building the morality of a just and
civilized human society and nation based on the belief in the Almighty God. Systemic and participatory prevention of sexual
violence, legal protection, justice and recovery for victims and victims. Although electronic system operators (^PSE^) such
as social media platforms have taken steps to combat electronic-based sexual violence, there is still more that can be done.
The government must build a strong legal framework and work with various institutions to address this problem effectively.
Public awareness campaigns and educational programs should also be prioritized to promote a safer online environment.
Together, we can create a society where electronic-based sexual violence is no longer tolerated.
Keywords: Electronic Based Sexual Violence, TPKS Law, Electronic System Operators.
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| Corresponding Author (Amri Panahatan Sihotang)
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| 82 |
Law |
ABS-98 |
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IMPLEMENTATION OF HUMAN RIGHTS IN THE SOCIAL ENVIRONMENT OF CORRECTIONAL INSTITUTIONS FROM THE PERSPECTIVE OF LEGAL DEVELOPMENT AND PANCASILA Nurhamdan
Universitas Jenderal Soedirman
Abstract
This study aims to analyze the implementation of human rights in the social environment of correctional institutions (Prison) from the perspective of legal development and Pancasila values. Correctional institutions as institutions that accommodate prisoners have an obligation to not only carry out the function of guidance, but also ensure that the basic rights of prisoners are respected. This research uses empirical juridical method, the results show that although there are regulations that guarantee the protection of human rights for prisoners, implementation in the field still faces various challenges. Factors such as excessive prison capacity, lack of facilities, and limited human resources often cause prisoners^ rights to be neglected, such as the right to health, education, and humane treatment. However, there are efforts from some prisons that try to integrate the values of Pancasila, especially the second principle of just and civilized humanity, into prisoner development policies. Even so, the implementation of Pancasila values has not been evenly distributed and still requires strengthening. The conclusion of this study explains that the implementation of human rights in the social environment of correctional institutions from the perspective of legal development and Pancasila still requires significant improvement. Existing regulations must be more consistently enforced with an emphasis on Pancasila values as an ethical guide in fostering prisoners
Keywords: HUMAN RIGHTS ,SOCIAL ENVIRONMENT ,CORRECTIONAL INSTITUTIONS , PANCASILA
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| Corresponding Author (Amri Panahatan Sihotang)
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| 83 |
Law |
ABS-102 |
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Optimizing the Role of the Supervisory Board of Tirta Moedal Semarang Regional Drinking Water Company in the Perspective of Constitutional Law in the Social Environment
Universitas Semarang
Abstract
This study aims to analyze the optimization of the role of the Supervisory Board in the management of the Regional Drinking Water Company (PDAM) Tirta Moedal Semarang from the perspective of constitutional law in the social environment. PDAMs have an important responsibility in ensuring public access to clean water, which is a basic right regulated in the constitution. However, in practice, there are still challenges in maintaining transparency, accountability and operational effectiveness. The urgency of this research lies in the need to improve the quality of supervision to ensure that PDAMs implement the principles of good governance. The methodology used is normative juridical, with a statutory approach and legal doctrine analysis. The novelty of this research lies in the proposal to increase the capacity of the Supervisory Board through regulatory training, implementation of supervisory technology, and strengthening mechanisms for transparency and public participation. The results show that optimizing the role of the Supervisory Board plays a significant role in the social environment in balancing public interests with company profitability, as well as supporting the fulfillment of community constitutional rights. By implementing the resulting recommendations, PDAM Tirta Moedal Semarang is expected to improve service quality in the social environment and maintain transparency in the management of water resources
Keywords: Optimization- Transparency- Accountability, Social environment
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| Corresponding Author (Wafda vivid Izziyana)
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| 84 |
Law |
ABS-103 |
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Optimisation of Investigation in Disclosing the Crime of Gold Theft In the Legal Area of the Demak Resort Police (Study of Decision 274/Pid.B/2023/Pn. Dmk) Suprapto, Kukuh Sudarmanto, Aan Tawli, Ayu Melati RAK
Universitas Semarang
Abstract
Increasing demands for transparency and efficiency in law enforcement, especially in criminal investigations. Demand for transparency and efficiency in law enforcement, especially in criminal investigations, has made the Demak Police, in this case the Sayung Police Station, have to make developments both in terms of human resources and improving the quality of services. The application of technology in investigations that currently exist is considered insufficient in dealing with various obstacles that arise, such as limited human resources (HR) and coordination problems between law enforcement agencies. This research uses the normative juridical method, by examining legal literature and field data. This method was chosen to obtain an in-depth analysis of the investigation procedures as well as the optimisation needed in the existing legal system. The results show that although the application of technology, such as the Electronic Management of Investigation (EMP), Daily Operation Reporting System (DORS), and E-Berpadu applications at Demak Police Station has improved efficiency, operational constraints, especially related to limited human resources and lack of information accessibility for the public, are still a major obstacle. This study provides recommendations to increase the capacity of investigators through training, improve technological infrastructure, and encourage community participation in the investigation process to achieve a more responsive and fair law enforcement system.
Keywords: Information Technology, Investigation, Theft Crime
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| Corresponding Author (Wafda vivid Izziyana)
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| 85 |
Law |
ABS-111 |
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OPTIMIZATION OF INVESTIGATIONS IN THE DISCLOSURE OF GOLD THEFT IN THE JURISDICTION OF THE DEMAK RESORT POLICE (Verdict study 274 / Pid.B/2023 / PN. Dmk) SUPRAPTO, KUKUH SUDARMANTO, AAN TAWLI, AYU MELATI RAK
universitas semarang
Abstract
Increasing demands for transparency and efficiency in law enforcement, especially in criminal investigations. Demand for transparency and efficiency in law enforcement, especially in criminal investigations, has made the Demak Police, in this case the Sayung Police Station, have to make developments both in terms of human resources and improving the quality of services. The application of technology in investigations that currently exist is considered insufficient in dealing with various obstacles that arise, such as limited human resources (HR) and coordination problems between law enforcement agencies. This research uses the normative juridical method, by examining legal literature and field data. This method was chosen to obtain an in-depth analysis of the investigation procedures as well as the optimisation needed in the existing legal system. The results show that although the application of technology, such as the Electronic Management of Investigation (EMP), Daily Operation Reporting System (DORS), and E-Berpadu applications at Demak Police Station has improved efficiency, operational constraints, especially related to limited human resources and lack of information accessibility for the public, are still a major obstacle. This study provides recommendations to increase the capacity of investigators through training, improve technological infrastructure, and encourage community participation in the investigation process to achieve a more responsive and fair law enforcement system
Keywords: Information Technology, Investigation, Theft Crime
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| Corresponding Author (Wafda vivid Izziyana)
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| 86 |
Law |
ABS-112 |
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Please Just Try to Submit ThisREFORMULATION OF JUDICIAL REVIEW IN THE SUPREME COURT Sample Abstract Muhammad Junaidi
Universitas Semarang
Abstract
Judicial review which is the process of testing regulations under the law is very important, but until now the nature of the test in its procedural law is closed. This is a problem considering the concept of open regulations that contain the meaning of the principle of legal fiction that everyone must understand and follow, but in the process of formation it is closed. Based on the results of the study, it shows that if the concept of judicial procedural law review of regulations must be open. The openness of the mechanism for testing regulatory material under the law must be a priority scale to be open in the development of law as applied in testing in the constitutional court, namely testing laws.
Keywords:
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| Corresponding Author (Muhammad Junaidi)
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| 87 |
Law |
ABS-113 |
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ANALYSIS OF OVERLAPPING LAND CASES: COMPARATIVE STUDY ACCORDING TO POSITIVE LAW AND ISLAMIC LAW Yiyin Arum Puspitasari(a*), Achmad Miftah Farid(b)
a.) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Pabelan, Kartasura, Sukoharjo, Jawa Tengah. 57169, Indonesia.
*c100210181[at]students.ums.ac.id
b) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Pabelan, Kartasura, Sukoharjo, Jawa Tengah. 57169, Indonesia.
amf209[at]ums.ac.id
Abstract
This research discusses comparative studies according to positive law and Islamic law in cases of overlapping land. This type of research is normative research, the approach method in this research uses a statutory approach, data sources come from primary data and secondary data, the data collection method used is documentary research. The results of this research are mechanisms and steps in resolving two methods, namely through administrative efforts and court efforts. In these two efforts, there are steps that can be taken to resolve disputes, where these steps are carried out through legal procedures, mediation and deliberation. There needs to be legal protection to resolve this problem. In deciding overlapping land disputes in Decision No.1/G/2021. From an Islamic legal perspective, land ownership rights are regulated in sharia principles which have important moral and social values. In Islam, ownership is considered a trust from Allah.
Keywords: Certificate, Dispute, Overlapping Land
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| Corresponding Author (Yiyin Arum Puspitasari)
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| 88 |
Law |
ABS-114 |
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PROPHETIC CYBER LAW ENFORCEMENT: Holistic Paradigm of Cyber Law Enforcement in Indonesia Arum Dwi Arta Setyoningsih (a*), Achmad Miftah Farid(b)
a) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Pabelan, Kartasura, Sukoharjo, Jawa Tengah 57169, Indonesia
*c100210002[at]student.ums.ac.id
b) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Pabelan, Kartasura, Sukoharjo, Jawa Tengah 57169, Indonesia
amf209[at]ums.ac.id
Abstract
This study is projected to analyze the handling of cybercriminal cases in positive law in Indonesia and deal with cybercrimes from Islamic-based prophetic law. The research data is analyzed qualitatively by normative research method, which is carried out by elaborating laws and regulations (statute approach) to help create a conceptual framework (conceptual approach) in enforcing cyber criminal law based on prophetic law. The handling of cybercriminal cases in positive law in Indonesia starts from the basis used as a regulation of cybercrime cases themselves, namely Law Number 11 of 2008 concerning Information and Electronic Transactions. The process of handling cases, which is generally carried out by police investigators, often encounters obstacles. Conventional procedures are not enough to eradicate cybercrime to its roots. The proposal of the concept of prophetic-based cybercriminal law enforcement prioritizes The Divine, humanity, and justice values in Pancasila as the basis for cybercriminal law enforcement.
Keywords: Cybercrime- Cyber Law- Holistic- Law Enforcement- Prophetic Law.
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| Corresponding Author (ARUM SETYONINGSIH)
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| 89 |
Law |
ABS-115 |
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PERLINDUNGAN HAK ATAS KEKAYAAN INTELEKTUAL TERHADAP SUATU MEREK (Analisis Sengketa Merek Golden Valley Putusan Nomor 501_K/Pdt.Sus-HKI/2023) Franciska Chika Bella (a*), Arief Budiono (b)
a) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Mendungan, Pabelan, Kec. Kartasura, Kabupaten Sukoharjo, Jawa Tengah 57162, Indonesia.
*c100200069[at]student.ums.ac.id
b) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Mendungan, Pabelan, Kec. Kartasura, Kabupaten Sukoharjo, Jawa Tengah 57162, Indonesia.
Abstract
Trademark protection is an integral part of Intellectual Property Rights (IPR) granted by the state to trademark owners for exclusive use or licensing to others in an economic context. Trademark rights, which must be registered mandatorily, provide legal protection to their owners against infringement actions that could cause harm. Law No. 20 of 2016 on Trademarks and Geographical Indications regulates the provisions of this protection, emphasizing that a trademark must possess distinctiveness and not be similar to already registered trademarks. This study examines the form of legal protection for trademarks based on the law above and analyzes the judicial considerations in the trademark dispute of ^Golden Valley^ in Decision No. 501_K/Pdt.Sus-HKI/2023. The research employs a normative juridical approach with qualitative data analysis of relevant legislation, documents, and references. The findings indicate that legal protection for trademarks includes repressive measures through civil lawsuits or criminal charges when infringements occur. The court ruling in the ^Golden Valley^ case underscores the importance of good faith in trademark registration and protects trademarks that have gained recognition nationally and internationally. This decision reinforces the legal principles of trademark law in maintaining fair business competition and safeguarding the rights of registered trademark owners
Keywords: Trademark- Intellectual Property Rights- Law
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| Corresponding Author (Franciska Chika Bella)
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| 90 |
Law |
ABS-117 |
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Legal Frameworks in the Era of Social Diversity: Advancing Sustainable Justice Through Cultural Competency and Accessibility Mukhammad Ali Turdialiev
Tashkent State University of Law, Tashkent, Uzbekistan
Abstract
This comprehensive study examines the evolving relationship between legal frameworks and social diversity in contemporary justice systems, with particular emphasis on developing sustainable and culturally competent legal institutions. Through extensive analysis of comparative legal systems across multiple jurisdictions, including Canada, Australia, New Zealand, and the European Union, the research investigates how legal institutions can effectively adapt to serve increasingly diverse populations while maintaining fundamental principles of justice. The study employs a mixed-method approach, combining empirical data analysis with case studies from various jurisdictions to evaluate the implementation and effectiveness of cultural competency initiatives in legal settings. The findings reveal significant improvements in justice outcomes when cultural competency is systematically integrated into legal frameworks, with documented increases in successful case resolutions ranging from 40% to 85% across different programs. The research particularly highlights the transformative impact of three key areas: comprehensive cultural competency training programs, integration of cultural experts in legal proceedings, and development of culturally appropriate dispute resolution mechanisms. Additionally, the study examines the role of technological innovation in enhancing access to justice, including AI-assisted translation services and online dispute resolution platforms, which have demonstrated substantial improvements in accessibility for diverse populations. The paper concludes with actionable recommendations for institutional reform, technological integration, and community engagement strategies, providing a blueprint for developing more inclusive and effective legal systems in multicultural societies.
Keywords: Cultural competency in law- legal pluralism, access to justice- multicultural jurisprudence- indigenous legal traditions- digital justice transformation- cross-cultural dispute resolution- institutional legal reform- sustainable justice systems- culturally appropriate legal education- legal technology innovation- community-based justice initiatives- comparative legal systems- diversity in legal frameworks- social justice reform.
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| Corresponding Author (Mukhammad Ali Turdialiev)
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