Law Number Research Articles

Analytical analysis of water and engine oil base nanofluid flow with the influence of viscous dissipation and variable viscosity on stretching surface

AbstractIn this study, we will look at the analytical characterization of water and motor oil‐based nanofluid flow and the effects of viscous dissipation and variable viscosity on stretching surfaces. The primary goal of this research is to improve heat transfer efficiency in a range of systems, including cooling applications, refrigeration systems, and heat exchangers. The addition of nanoparticles to the base fluid increases its thermal conductivity, which boosts heat transfer rates. The flow system considers the impact of viscous dissipation. In addition, this methodology accounts for temperature and velocity slips during stretching. We utilized the proper transformations to convert a set of PDEs to NLODEs. To solve this system of equations, we use hybrid nanofluid. The impact of different parameters obtained from temperature and velocity equations involving the porosity parameter, power law number, ratio velocity, dynamic viscosity, Forchheimer parameter, and Eckert number input factors are shown in the form of graphs.

Labor Inspection Mechanism for the Implementation of Labor Norms in the Workplace

Workers and employers in carrying out employment relations must comply with labor norms which consist of work norms and occupational safety and health norms. Implementation of labor norms in the workplace requires the role of labor inspectors in carrying out supervision. The formulation of the problem in this research is what is the Labor Inspection mechanism for the Implementation of Labor Norms in the Workplace? This research is a type of normative legal research with a statutory approach, data collection through library research, and data analysis carried out descriptively. Labor inspections regarding the implementation of Labor Norms in the workplace are carried out by labor inspectors under the authority granted by Article 176 of Law Number 13 of 2003 concerning Employment. Labor inspectors carry out labor inspection mechanisms for the implementation of Labor Norms under the provisions of Article 4 to Article 51 of the Regulation of the Minister of Manpower of the Republic of Indonesia Number 33 of 2016 which consists of the planning stage, implementation stage and reporting stage.

Contante Justitie System in Corruption Cases in Indonesia: A Legal Constructivism System Paradigm

The legal consequences of Constitutional Court Decision Number 25/PUU-XIV/2016 stating that Law Number 31 of 199 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes which is contrary to the 1945 Constitution and specifically deletes the phrase "can" in Article 2 paragraph (1) and Article 3 of the Eradication of the Criminal Act of Corruption Law have a legal impact on the characteristics of the offense. This was normative legal research which uses a statutory and conceptual approach. Results showed that the Financial Audit Board's future arrangements can fulfill the principle of Contante Justitie, namely speeding up the investigative examination process. It was applied by delegating authority from the Central BPK to the Regional BPK Representative auditors so that the latter have independent investigative audit authority to speed up the investigative Audit Result Report process in handling corruption to fulfill the legal system constructivism concept. 

Comparison Of Criminal Sanctions Against Sexual Harassers In Indonesia And Malaysia

State on sexual harassment. This article uses normative research methods with a legislative approach and a comparative approach to the laws of Indonesia and Malaysia. Based on the results of the analysis conducted by the state of Indonesia and Malaysia have similarities in defining sexual harassment. Sexual harassment is part of sexual violence in the form of sexual acts through physical and non-physical touch with the target sexual organs or sexuality of the victim. Sexual harassment through physical touch in the form of poking or touching parts of the body. Sexual harassment in Indonesia is regulated by Law Number 12 of 2022 concerning the crime of sexual violence, while the criminal law on sexual harassment in Malaysia is regulated by the Anti-Sexual Harassment Law 2022. The threat of punishment for perpetrators of sexual violence in Indonesia is the highest 12 (twelve years) and/ or a maximum fine of Rp300, 000, 000.00 (three hundred million rupiah). While the threat of punishment for perpetrators of sexual violence in Malaysia is the highest 10 years or a fine or both.

Anak Mengalami Kebutaan Akibat Kekerasan Fisik: Apa Hukumnya?

Cases of physical violence committed by minors continue to occur and increase in Indonesia. One of them was a case of physical violence that befell an elementary school student in Gresik which resulted in permanent blindness due to a meatball stab attack by her senior in one eye. This research is intended to find out about legal protection for minor victims who experience physical violence and how the law in Indonesia regulates the justice of minors who commit criminal acts. By using normative juridical research methods and using secondary data in the form of articles, published news and previous research and using positive law in Indonesia, namely, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. It is hoped that this research will provide comprehensive insight regarding law enforcement efforts and the protection of minors in Indonesia.

Tindak Pidana Kesusilaan Di Media Sosial

This study aims to examine the elements of criminal acts of decency on social media, as well as comprehensively discuss policies and law enforcement against perpetrators of criminal acts of decency. This type of research is normative juridical with a descriptive-analytical approach discussing existing legal symptoms and problems, and testing them aware of laws and legal norms. The results of this study show that the elements of criminal acts of decency on social media as regulated by Article 281 of the Criminal Code are: whoever, intentionally, in public, distributes, distributes or transmits content that violates decency refers to the object of action in the Pornography Law. Policies and law enforcement against perpetrators of criminal acts of decency include penal policies regulated in Law Number 19 of 2016 concerning Electronic Information and Transactions, Law Number: 44 of 2008 concerning Pornography, and criminal acts of decency regulated by the Criminal Code. Non-penalty policy: supervision of sites or content on social media that contain moral content, understanding religious values from an early age, increasing healthy internet understanding, and parental supervision of minors in using social media/internet

Pemeliharaan Anak Setelah Perceraian

Child care involves parents, namely father and mother, as parties who have responsibility for their children. As time goes by, sometimes disputes occur between husband and wife which result in divorce. The purpose of this writing is to find out about child maintenance after divorce according to statutory regulations. Child care after divorce is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 1 of 1974 concerning Marriage. Child maintenance after marriage in the case study of Decision Number 395/Pdt.G/2021/PN Jkt.Utr. It started with the Plaintiff (Wife) and the Defendant (Husband) who divorced, they had two sons, namely Brother A and Brother B. In this case there has been a divorce, then the parents, either father or mother, are obliged to provide maintenance for their children. until they are adults or able to stand on their own. These children's rights are supported by Article 14 of the Child Protection Law where children have the right to meet directly or have personal contact with their parents, children have the right to receive care, maintenance, education and protection for the growth and development process from their parents according to their abilities, talents and interests, the right to receive living expenses from both parents, and the right to obtain other children's rights. So that the two children of the Plaintiff and Defendant are entitled to receive maintenance in the form of a place to live with the mother because she is the closest person to the child and receives support and education from father to adult.

The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia

The provisions pertaining to bankruptcy and summary proof in Law Number 37 of 2004 present various drawbacks in their application, particularly impacting debtors. Debtors can be declared bankrupt with relative ease, and the requirement for declaring bankruptcy does not directly indicate the debtor’s insolvency. This can present difficulties for other creditors, as the leniency in bankruptcy requirements for debtors is viewed as means to accelerate debt resolution, even though not all face the same circumstances. This research will focus on the issues regarding the urgency of revising Law Number 37 of 2004, specifically with regard to the conditions for bankruptcy and summary proof. The method used in this research is the doctrinal legal research method, which entails scrutinizing literary sources, legal theories or principles, research journals, and legislative regulations to analyze the subject of the research. Furthermore, a comparative approach is adopted to evaluate the development of Indonesian law by examining the bankruptcy legal frameworks in France and the Netherlands. The study concludes that the pressing need for amendments to the conditions for bankruptcy and summary proof in Law Number 37 of 2004 necessitates a responsive legal system. This can be achieved through a comprehensive review of problematic regulations. Therefore, the incorporation of additional measures, such as an insolvency test and a proactive approach by judges, establishes a regulatory mechanism that can be viewed as a responsive outcome in the future.

Prinsip Itikad Baik Terhadap Merek MS Glow

Legal protection is an important aspect that needs to be considered in the controversy between MS Glow and PS Glow trademarks. PT Kosmetika Global Indonesia, the MS Glow brand holder that has registered its brand with the Director General of Intellectual Property Rights, requires adequate legal protection. The public sees that the products of the MS Glow brand are better known than the products of the PS Glow brand, and there is a view that PS Glow is trying to hijack the popularity of MS Glow. Through normative juridical legal research, it was found that in the context of the principle of good faith, MS Glow is entitled to legal protection as a brand owner. The brand owner has the exclusive right to the use of its brand and the government is responsible for ensuring this protection. The judge's decision in the dispute between the MS Glow and PS Glow trademarks (Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga.Sby) has fulfilled the principle of legal certainty. The judge refers to Law Number 20 Year 2016 on Trademark Registration and Geographical Indications as well as the principle of "first to file". However, the decision has not fully reflected justice and expediency. In the context of trademark registration, the "first to file" principle needs to be evaluated by the government to make it fairer. The lengthy trademark registration process must pay close attention to every detail, the Director General of IPR must be more active in socializing Law Number 20 Year 2016, including the principle of "first to file" to the public so that understanding of the trademark and the registration process becomes better.

DELEGATION OF MEDICAL ACTION AUTHORITY OF DOCTORS TO NURSES IN HEALTH SERVICES IN EMERGENCY DEPARTMENTS: EMPIRICAL LEGAL

Purpose: This study aims to analyze the implementation of the delegation of authority of medical actions of doctors to nurses in the emergency department and explore the legal responsibility of the delegation of authority of medical actions of doctors to nurses in the emergency department in Indonesia.   Theoretical Fremework: Theoretically, this research is expected to contribute intellectually and academically to the enhancement of understanding of healthcare laws for healthcare practitioners, institutional leaders, and to provide a sense of security and protection in carrying out healthcare services functions to the community, especially in the provision of medical procedures at healthcare facilities. Additionally, it is expected to provide practical insights for the goverment, hospital directors, and health departments in order to improve healthcare services to the public and ensure legal protection for healthcare workers in carrying out their professional duties.   Method: The type of research method used is empirical legal research. Data primarily obtained from respondents using a list of questions (questionnaire) and direct interviews with the research object. In addition to that, it is also based on legal materials that are relevant to the discussion or problem being researched and other supplementary legal materials that can provide explanations.   Results: The delegation of medical action authority from doctors to nurses in healthcare services at emergency rooms is regulated in Article 290 of Law Number 17 of 2023 concerning Health. Medical and healthcare services, consisting of both mandatory delegation. The scope of work delegated through partnership must be clearly and specifically defined in writing within the authority delegation letter and adjusted according to the level of competence of the nurse. The doctor as the delegator and the nurse as the recipient of medical authority there are also responsibilities of the hospital, as well as the central and local governments, especially in meeting the national needs for medical and healthcare personnel. In handling medical dispute cases, law enforcement agencies must prioritize the mechanism of restorative justice. If no agreement is reached, the dispute is then taken over by the professional disciplinary board under the Ministry of Health to determine whether there has been any violation of professional discipline by medical and healthcare personnel.   Conclusions: 1) Delegation of authority for doctor’s medical actions to nurses in health services in emergency departments in Indonesia, regulated in Law No. 17 of 2023 concerning Health Article 290, Minister of Health Regulation No. 2052 of 2011 Article 23 and Minister of Health Decree No. HK.01.07-425 of 2020 concerning Nursing Professional Standards; 2) Responsibilities by doctors, nurses, and hospitals regarding the delegation of authority for doctors’ medical actions to nurses in health services in emergency departments must be carried out by laws.

Handover of Land Rights to Foundation Founders as Initial Assets of The Foundation

Objective: Conflicts within the foundation are motivated by problems, in the areas of interests of the founder of the Foundation, the heirs of the founder of the foundation and the foundation's organs, both, supervisors, administrators and supervisors. An ideal concept is needed in the form of handing over rights to the founder's land as the initial wealth of the Foundation, this concept becomes The main choice in resolving all problems that arise within the foundation, the concept can also be useful for ensuring that the founders of the foundation, their heirs, receive legal certainty, justice and benefits. Likewise, the Foundation's organs (Guardians, Management and Supervisors), carry out their duties solely to achieve the foundation's goals, and not other goals . The aim is to find and clarify that foundation founders can hand over land rights as the foundation's initial assets without losing their ownership rights.   Methode: This research is a type of normative research.   Result : Law Number 28 concerning Foundations mandates the establishment of foundations in accordance with applicable laws and regulations. Foundations established before this law can still be registered as valid legal entities, but must comply with applicable laws.   Conclusion : Foundations must have a charter to monitor their activities and prevent losses. Handing over land rights as the foundation's initial assets without losing ownership rights requires a binding agreement between the foundation and the land owner, as stated in the foundation's Articles of Association.

Criminal Provisions For Perpetrators Who Commit Criminal Acts of Copulation And Lewd Acts Against Minors

The frequency of these crimes, one of which is the unlawful act of sexual abuse, which encompasses both fornication and copulation, demonstrates the current high rate of crimes against children. Children and the future of the nation are seriously and dangerously at stake from this. Sexual activity is a crime that seriously damages society, it is taken very seriously, and it makes people feel uneasy since it incites a dread of crime. Data collection, processing, presentation, and analysis related to an event constitute the process of research. to acquire a study outcome that is responsible for science. Normative juridical research is the kind that is employed. Articles 81 and 82 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection discuss the legal provisions for child molestation against children.

Regime jurídico do Inova Simples: aspectos práticos e conceitos jurídicos relevantes para as startups

This article analyzes the legal regime of the Inova Simples, Simple Innovation Company, introduced into the Brazilian legal system by complementary law number 167, of April 24, 2019 (“Inova Simples”). First, the article analyzes the general aspects of this innovation in the Brazilian corporate legal regime. Then, the article contains guidance for entrepreneurs and legal consultants on how to overcome some possible difficulties introduced by this new model of organizing early-stage economic activities. The article specifically focuses on aspects related to (a) the procedures for establishing and registering a business company with the Public Registry of Commercial Companies (Law nº 8,934/94); (b) registration of intellectual properties with the National Institute of Industrial Property – INPI (Law nº 9,279/96); (c) legal and tax nature of the Simple Innovation Company; and (d) contrast of the legal and tax regime applicable to the Simple Innovation Company with the legal and tax regimes of the Sole Micro-Entrepreneur – MEI and the limited liability companies integrating the Simples Nacional.

Perlindungan Hukum Indonesia Bagi Pemegang Hak Atas Pencantuman Merek Terkenal Pada Parfum Lokal

A form of preventive protection against the inclusion of well-known perfume brands on local perfumes is the existence of regulations in the form of provisions in Articles in Law Number 20 of 2016 concerning Brands and Geographical Indications. Apart from that, the regulations include registration and licensing which also includes forms of preventive protection. A form of repressive protection for the owner of a famous perfume is in the form of a claim for compensation or termination of all actions related to the use of the brand or based on criminal prosecution through law enforcement officials. Owners of well-known foreign perfume brands are required to register their brands in Indonesia using the International Registration method according toMadrid Protocol as previously explained. After that, we will enter into a licensing agreement with a local perfume owner who wants to list a famous perfume brand in Indonesia.

Review of the Law on the Protection of Indonesian Illegal Workers (TKI) Abroad

The purpose of this study is to analyze: 1) Describe and explain the legal arrangements of illegal Indonesian Workers (TKI) in Indonesia; 2) Analyze legal reviews of the protection of illegal Indonesian Workers (TKI) abroad. The research method used is normative juridical with a statutory approach, concept approach, and case studies.The results showed that: 1) In Indonesia, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers regulates protection for Indonesian migrant workers, including migrant workers who work officially abroad. However, for illegal migrant workers, their presence abroad illegally makes them vulnerable to exploitation, oppression, and injustice. To minimize the problems faced by workers abroad and protect the dignity and dignity of these workers, the regulation on the placement of Indonesian workers abroad in Law No. 39 of 2004 concerning the Placement and Protection of Indonesian Workers Abroad is a way out. 2) In legal reviews of illegal migrant workers abroad, it is important to consider efforts to prevent illegal departure of migrant workers and also improve protection for those already abroad. This could include measures such as education about the risks of illegal migration, law enforcement against illegal entrepreneurs or brokers, and increased access to legal and consular assistance for migrant workers in need

NUSHŪZ IN ISLAMIC FAMILY LAW

The ongoing family conflicts cannot be separated from the neglect of the position of the husband and wife in Islamic family law, known as nusūz. The purpose of this study is to understand Mufassireen's interpretation of nusyūz. This study is a qualitative research, a literature survey with an interdisciplinary approach - philosophical, Historical, psychological, sociological, and Islamic law approach - and a descriptive analysis from various sources such as tafsir, hadith, Islamic Yurisprudance, legal maxim and legislation. The meaning of nusyūz in al-Nisa 4:34 according to Mufassireen is similar. The difference between classical mufassirs and contemporary mufassirs is that classics allow and contemporary ones reject wife beating. There is also an interpretation of verse al-Nisa 128, where commentators argue that the husband's nusūz means relinquishing rights and obligations due to polygamy and unequal living, and the form of resolving the husband's nusūz is through advice and mediation. The judge's decision in resolving husband and wife nusu'us problems was the judge's reference to al-Baqarah paragraph 241, School Al-Dzahiriyah Article 39 paragraph 2 of Law Number 1 of 1974 concerning Marriage, Articles 149 and 241 Compilation of Islamic Law of 1991 as the implementation of takhsis al- qada is based on benefit which refers to the Islamic legal maxim Hukm al-Hakim Yarfa al-Khillaf, Tassaruf al-Imam Ra'iyah Ala Manut bi al-Maslahah.  

The Role of Advocates in Providing Legal Assistance in Drug Abuse Criminal Cases

The purpose of this study is to analyze: 1) How the role of advocates in carrying out legal assistance to clients in criminal cases; 2) What are the obstacles for Advocates in providing legal assistance to perpetrators of drug abuse crimes? The research method used is the normative legal research method or literature law research. The results showed that: The enactment of Law Number 18 of 2003 concerning Advocates has provided a strong and solid foundation in the implementation of the duty of advocate service in community life. This law regulates more comprehensively various important provisions that surround the advocate profession. Various principles are also regulated in the implementation of the duties of the advocate profession, especially in its role in upholding justice and the realization of the principles of the rule of law in general. From the results of the study, it can be concluded that the terms and procedures for obtaining legal aid are regulated in Article 14 of Law No. 16 of 2011 concerning legal aid. The role of the Advocate as law enforcement, namely as a supervisor of law enforcement, as a guardian of Judicial Power and as a social worker

Analysis of the Legal Status of Joint Office in Notary Civil Partnership: Perspective of Article 20 of UUJN-P

This article focuses on the Analysis of the Legal Status of Joint Offices in Notary Civil Partnerships: Perspective of Article 20 of the Law Concerning Notary Positions (from now on UUJN-P), which focuses on the legal status of joint offices by notary civil partnerships. The research in this article uses normative juridical research. Aims to describe and analyze the legal status of establishing a joint office by a civil partnership of notaries. Notaries can enter into civil partnerships to form a joint office as regulated in Article 20 of Law Number 02 of 2014 concerning Amendments to Law Number 30 concerning Notary Positions. Establishing a joint office can be convenient for notaries when opening a notary office, which requires expensive costs. However, there is legal ambiguity regarding the regulation of the legal status of the establishment of a joint office by a notary civil association, where there is a synonym for terms in article 20 UUJN, which equates notary civil partnerships with notary joint offices and civil partnerships in the Civil Code.

Legal protection of consumers for transactions in counterfeit goods

This study examines the legal protection against consumers in Indonesia for the transaction of counterfeit goods. It uses normative legal research and everyday life studies to analyze the contemporary situation. The study reveals that legal protection against counterfeit goods is regulated by Law Number 15 of 2001, which criminalizes business actors selling counterfeit goods, and Government Regulation Number 82 of 2012, which emphasizes the need for accurate information about producers, goods supplied, and contract terms. Additionally, Article 8 of Law Number 8 of 1999 prohibits business actors from trading goods or services that do not meet the requirements for labels, information, advertising, or sales promotion.

Analysis of implementation of trade secret legal protection in franchise businesses

Franchising has significant potential but also high risks due to trade secret violations. Law Number 30 of 2000 regulates trade secrets, but these violations can be detrimental to the party providing the secret. Research on the feasibility of establishing legal protection for trade secrets in franchise companies is crucial. This research aims to examine how franchise businesses have used trade secret legal protections. A qualitative methodology was used, and data collection techniques involved collecting relevant documents. The findings indicate that if trade secrets meet the criteria regulated in Article 1 Paragraph 1 of the Trade Secrets Law, they are entitled to legal protection. Violations may result in criminal sanctions, including imprisonment for up to 2 years or a fine of up to Rp. 300 million.