Normative Research Research Articles

Foreign Arbitration As The Only Recourse In Resolving Trademark Disputes In A Civil Manner, Criticism of Act Number 20 Year 2016 About Brands and Geographical Indications

Introduction: Act Number 20 year 2016 on trademark and geographic indication opens up opportunities to resolve trademark disputes not only through the Commercial Court, but also to resolve disputes through the District Court.Purposes of the Research: The purpose of the study was to find a form of fair trademark dispute resolution. Conventionally, dispute resolution is usually done by litigation or dispute resolution before the court.Methods of the Research: Normative research is used to answer the formulation of problems regarding foreign arbitration as the only way to resolve trademark rights disputes in a civil manner. The method of approach is the approach of legislation that is to examine and analyze the regulation.Results of the Research: Indonesia also has repeatedly updated the regulation on trademark, but on the other hand, the level of trademark infringement is increasing, even the Commercial Court which should be a place for people to seek justice often gives decisions that do not reflect justice. Is it not better to start looking for other alternatives to resolve trademark disputes that can provide a sense of justice to the community. The court, which is only a mouthpiece of the acts, without regard to the conventions in the field of trademark that have actually been ratified by Indonesia, making the enforcement of trademark regulations in Indonesia, has not been able to provide a sense of justice to holders of rights to trademarks, especially holders of rights to well-known trademars. So that the settlement of famous brand disputes through foreign arbitration is expected to provide a sense of justice for the rights holders of the wellknown trademark.

Pertanggungjawaban Pidana Pemberi dan Penerima Suap dalam Proyek Pengerjaan Pembangunan Infrastruktur: Studi Putusan Nomor 438 K/Pid.Sus/2021

Bribery in infrastructure projects is a form of corruption that undermines the legal order and public trust in government institutions and state administrators. In this study, the bribe giver is considered to play a role in influencing the decision or action of public officials, while the bribe receiver is considered to have abused his authority. This research uses normative research methods, commonly referred to as legal research techniques, positive legal research techniques, doctrinal legal research techniques, and pure legal research techniques, used in this research. Legal research that focuses on written laws or regulations (law in books) or legal research based on social norms and regulations is known as normative legal research. bribe givers and recipients have criminal liability regulated in law number 31 of 1999 concerning the eradication of criminal acts of corruption amended by law number 20 of 2001. Article 5, both the giver and receiver of a bribe are considered to be the perpetrators of a criminal offence. a bribe giver who offers or gives something to a state official to influence a decision that will benefit him or her or someone else can be sentenced. Enforcement is carried out through investigation, investigation, prosecution, and trial of bribery cases. One method that is often used is the Hand Capture Operation (OTT) by the KPK, which has successfully uncovered many major bribery cases among state officials,

Analisis Pertimbangan Hakim Terkait Operasi Tangkap Tangan Tindak Pidana Narkotika

The problem in this research is what is the basis of the judge's considerations in Decision Number: 317/Pid.Sus/2021/PN.Plg, and whether Decision Number: 317/Pid.Sus/2021/PN.Plg is in accordance with the Laws of the Republic of Indonesia Number 35 of 2009 concerning Narcotics Juncto Emergency Law of the Republic of Indonesia Number 12/Drt/1951. This research is a type of normative research. Normative legal research is research that places law as a system of norms. The norm system in question is about principles, norms, rules from laws and regulations, court decisions, agreements and doctrines (teachings). Therefore, this research was carried out by analyzing the court and its general vision from various aspects of the case that occurred in Decision Number: 317/Pid.Sus/2021/PN.Plg. The results of the research showed that the basis of consideration used by the judge was the balance of the elements of the article being charged, the ability to take responsibility for the witch, the absence of justifiable and forgiving reasons and the presence of aggravating and mitigating circumstances. Decision Number: 317/Pid.Sus/2021/PN.Plg there is an error in the application of the article so that it is contrary to Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics and the decision does not reflect the principles of justice, the principle of expediency and the principle of legal certainty.

Constitutional Review of ASEAN Charter and Maastricht Treaty

This journal will discuss how the role of constitutional courts in Indonesia and France in reviewing the constitutionality of the ratification law of an international treaty. While both Indonesia and France possess a Constitutional Court/Council, both of them have different principles regarding the constitutional review of international treaties. This paper uses normative research with a descriptive analysis approach. We found that in practice, both Indonesia and France can constitutionally review the ratification of an international treaty. Although the Constitutional Court in Indonesia has never annulled the ratification of an international treaty, there remains the possibility of a treaty being ratified and later revoked by the process of judicial review. Meanwhile in France, while judicial review can conflict with the Constitution, in the case of the Maastricht Treaty this led to constitutional amendments to accommodate Maastricht Treaty with the Constitution instead of annuling the treaty altogether

Legal Problems Of Building On Waqf Land Belonging To Other People Based On Law Number 41 Of 2004 Concerning Waqf (Case Study Of Decision Number 21/PDT.G/2021/PN/BNA)

Legal Problems of Erecting Buildings on Waqf Land Owned by Others Based on Law Number 41 of 2004 concerning Waqf (Case Study of Decision Number 21/Pdt.G/2021/PN/BNA) Waqf land is a form of giving movable or immovable property for the benefit of worship and general welfare by Muslims. And the purpose of waqf procurement should not be changed in any form to deny the pledge of the waqf deed itself. The normative research method is used in this study to study the social and moral values of the community about changes in the function of waqf land without permission from the waqf and the Indonesian waqf body. This research uses several data collection results from a collection of legislation, Government Regulations, books, doctrines, documents and various other secondary legal sources. The results of the study stated that: 1) in this case, the erection of buildings that should not be allowed was only decided to dismantle the fence because it had cost a considerable amount. 2) in the legal considerations of the judge in the decision of case Number 21/Pdt.G/2021/PN/Bna, it is not appropriate because it tends to lean towards the elements of justice and legal certainty so that the element of usefulness is ignored and denies the fulfillment of obligations contained in article 5 of Law Number 48 of 2009 concerning the power of judges

Penanganan Sengketa Pertanahan dalam Perspektif Agraria

Dispute is an inseparable part of conflict, which can occur in various aspects of daily life. Studying disputes is crucial to understand their nature and resolution methods. This research uses a normative research method with prescriptive research specifications and a comparative, conceptual, and historical approach. Data is collected through a bibliographic study from primary, secondary, and tertiary legal sources. Land conflicts are often caused by issues such as boundary disputes, inheritance, state land control, and legal uncertainty in land tenure, which fundamentally stem from the imbalance of land rights ownership and uncontrolled land conversion. Land dispute resolution can be carried out through litigation and non-litigation pathways. The litigation pathway offers legal certainty, execution power, and transparency but has weaknesses in terms of cost, time, and its confrontational nature. Conversely, the non-litigation pathway is more efficient in terms of cost, time, and its collaborative nature, but is limited in terms of execution and legal certainty. Therefore, the choice of dispute resolution method must consider the characteristics of the dispute and the needs of the parties involved.

Implementation of CITES in Tanzania: Fairytale or Promising Journey? An Analysis of Legal Framework and Practice

Tanzania is rich in natural resources and home to one of Africa’s largest networks of wildlife-protected areas, including over 1,000 bird species and the world’s largest elephant population. As a dedicated wildlife conservation advocate, Tanzania ratified the Convention on International Trade in Endangered Species (CITES) in 1979 and became a party in 1980. The Wildlife Conservation Act (WCA), enacted in 1974 and revised in 2009, along with CITES-specific regulations from 2005, guide Tanzania's conservation efforts. Using both descriptive and normative research legal approaches, this article expounds the Country’s implementation with CITES. It notes that, while the country generally complies with CITES obligations by designating authorities and regulating trade, challenges remain in maintaining trade records, reporting, and controlling illegal wildlife trade. Since 2015, political will to enforce wildlife laws has increased, but Tanzania still faces constraints in human and financial resources, limited capacity to investigate wildlife crimes, and lack of awareness among communities and law enforcement agencies. Additionally, weaknesses in Zanzibar’s legal framework hinder conservation effectiveness. Despite these issues, Tanzania has the potential to improve CITES enforcement by enhancing resource allocation, legal reforms, and regional collaboration. Community involvement in conservation efforts is key to achieving sustainable management of the country's rich natural heritage.

The Conflict of Justice and Legal Certainty in the National Criminal Code: A Middle Way

The research discusses the unclear meaning of Article 53 paragraph (2) of Law No. 1 of 2023 which states that "If in upholding law and justice as referred to in paragraph (1) there is a conflict between legal certainty and justice, judges must prioritize justice." Justice is used for judges to adjudicate cases and certain conditions are used as a benchmark for judges in making decisions. However, there are several existing definitions of justice, there are still many views. The norm in the article has a vagueness of meaning, making it difficult for judges to equate commensurate thoughts. The implication of vagueness results in disparity in the use of justice to be used by judges, this potential disparity needs to be prevented by mediating the conflict between justice and certainty and providing guidance for judges in using justice in their decisions. This research uses a normative research approach. The results showed that judges have the authority to choose justice that contains legal certainty because a just decision is a manifestation of legal certainty, justice itself is born with the freedom of judges. The formulation of Article 53 paragraph (2) of the Criminal Code needs to be interpreted correctly so that there is no disparity in decisions because justice is what the judge wants based on the law to create justice itself.

Blockchain as Electronic Evidence Against Crypto Crimes in Indonesia

In the context of digital security, the utilization of blockchain technology as a means of evidence against crypto crimes has become an exceedingly crucial topic. This research elucidates whether the admissible evidence tool stipulated in Article 184 paragraph (1) of the criminal procedural law encompasses proof relating to crypto crimes and how the decentralized structure and transparent nature of blockchain can aid in furnishing accurate and credible evidence pertaining to crypto crimes. This study offers profound insights into the potential of blockchain concerning evidence provision and prevention of crypto crimes. The author employs normative research, a process aimed at uncovering legal rules, principles, and doctrines to address legal issues encountered. Based on the discussion, it can be concluded that blockchain can serve as an electronic evidence tool in crypto crimes. Aligned with the decentralized and transparent nature of blockchain, it can provide precise and permanent data.

Pengaruh Penganggaran Berbasis Kinerja Terhadap Kenaikan Tunjangan Kinerja Bawaslu Dalam Perspektif Hukum Keuangan Negara

This research explores the impact of performance-based budgeting on the increase in the performance allowance of Indonesia's Election Supervisory Agency (Bawaslu) from the perspective of state financial law. This research examines how performance-based budgeting, which emphasises efficiency, effectiveness, and accountability, affects financial management and justifies the increase in allowances. By analysing the legal framework, empirical data, and performance metrics, this study aims to provide a comprehensive understanding of the alignment between budget allocations and performance outcomes in Bawaslu. The method used is normative research with primary, secondary and tertiary legal materials. The data generated from legal materials are described to find objective results. The results of this study The use of a performance-based budgeting system (ABK) by Bawaslu has influenced the policy of increasing performance allowances. Bawaslu's performance measurement refers to the principles of state finance, including efficiency, economic effectiveness, accountability, responsibility, professionalism, proportionality, and openness. The increase in Bawaslu's performance allowance is in accordance with the performance improvement that has been evaluated by Menpan RB, which is the institution responsible for bureaucratic reform.

Dinamika Reformasi Dan Westernisasi Yang Terjadi Pada Masa Pemerintahan Kerajaan Turki Usmani

Since the 17th century the Ottoman Empire began to collapse due to defeat from the West. As a result, the caliphs wanted to reconstruct the government with a Westernized model. Thus, the caliphs wanted to reform and westernize between Turkish culture and Western civilization which culminated in the time of Mustafa Kemal Ataturk. so, what was the dynamic of reform and westernization in the Ottoman Tukri government. This article uses the Normative type of research. Normative research is a type of research whose data is taken from literature studies in the form of books, journals, and so on as well as research results related to the topic of discussion in this study. Then, this article uses he Historical Approach approach, the result and discussion is the development of reforms during the reign of Ottoman Turkey pioneered by Sultan Mahmud II who is famous for the Tanzimat period. then, the flow of leadership was continued by Sultan Abdul Majid thus inaugurating the Gulhane and Humayun Charter. In addition to the Tanzimat era, the renewal of Turkey was carried out by the Young Ottomans and culminated in the leadership of Mustafa Kemal Ataturk. then The implementation of westernization is carried out by three groups, namely Islamism, Westernism,

Tinjauan Yuridis Hak Royalti Sebagai Harta Bersama dalam Perkawinan

There are two concepts regarding marital assets according to the legal system in Indonesia, namely in the form of personal assets and joint assets. The correlation between marital property and IPR includes the legal and economic relationship between joint ownership of certain assets and the protection of creative or innovative rights. This research was conducted using normative research methods using statutory, conceptual and case approaches. The purpose of this research is to find out the position of royalties as marital property according to marriage law in Indonesia and to find out about the legal measures that can be taken by the parties regarding royalty rights as marital property in the event of a divorce. The research show that Copyright is a material right, so it can be concluded that Royalties fall into the category of intangible movable objects. Royalties which are intangible movable objects have value as joint assets. Then, dispute resolution regarding joint assets can be carried out through litigation and non-litigation processes. In practice, the division of joint assets can usually be resolved amicably, but if there is no agreement it will result in a legal process involving filing a lawsuit with the Religious Court. In terms of the division of marital property, it is regulated in the Civil Code, Marriage Law, and the Compilation of Islamic Law and the judge's considerations are based on the value of justice.

Penegakan Hukum Pidana Anak Sebagai Pelaku Perundungan dalam Perundang-Undangan di Indonesia

Children are the nation's next generation and play an important role in nation development. In life, children cannot be separated from perfection in terms of physical or mental life. These physical or mental deficiencies can become material for bullying by other children which can disrupt the child's survival and peace. In enforcing criminal law to stop bullying by children, the government issued Law Number 23 of 2002 concerning Child Protection, and amendments were made to Law Number 35 of 2014 concerning Child Protection to accommodate the increasing number of child crimes. The research method used is normative research which focuses on a legislative approach and a conceptual approach. After collecting the results of this research, it is then developed through an interpretive approach. The conclusion that can be drawn from this research is that bullying is any action or behavior carried out with the aim of causing injury. This harm can be physical, psychological, emotional, or verbal. Bullying behavior combines several criminal acts in the Criminal Code and for children using the Juvenile Criminal Justice System Act. The second conclusion is that children who are accused of bullying are threatened with criminal sanctions. According to the Juvenile Criminal Justice System Law, cases of bullying committed by teenagers can be brought to court and the judicial process will be carried out according to the law for children.

Tinjauan Yuridis terhadap Perbuatan Melawan Hukum Pembina Yayasan yang Melakukan Penyalahgunaan Wewenang dalam Pergantian Organ Yayasan

The replacement of Foundation Organs is carried out when the term of office of the foundation organ has expired and is not re-elected or when the foundation organ has committed acts deemed detrimental to the foundation by the foundation founder as conducted based on the foundation founder's meeting. If the foundation meeting is not held in accordance with quorum provisions stipulated in the Foundation Law and the Articles of Association, then the founder must be held responsible for his actions. This study was conducted using normative research methods. The results show that the unlawful act committed by the founder in the replacement of foundation organs is the abuse of authority by not adhering to the quorum provisions of the founder's meeting by 2/3 of the founder members, while the responsibility for the unlawful acts refers to civil liability in accordance by Article 1365 of the Civil Code. The legal consequences of such unlawful acts on the foundation organ include the occurrence of dualism in the management of the foundation, the invalidity of decisions made by the newly appointed organ which was unlawfully appointed, and damages to third parties.

Perlindungan Hukum terhadap Pihak Debitur dalam Perjanjian Fintech (Financial Technology)

Legal protection for debtors who use standard clauses in fintech (Financial Technology) agreements and legal certainty for fintech (Financial Technology) debtors. This research is a normative research. The research approach is legislation, conceptual, case. The research method used in this study is using a legal sociology approach with an activity plan carried out in this study for 8 months. The materials used in this study are primary legal materials and secondary legal materials and use data collection techniques used in the form of inventory, systematization and interpretation which are descriptive analysis. The results of the study indicate that the issuance of Law Number 21 of 2011 concerning the financial services authority marks the significant development of legal protection for debtors. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions in Article 18 paragraph (1) determines that Electronic Transactions are stated in an Electronic Contract that binds debtors in an agreement. So that with the existence of a binding contract, there are legal consequences for the debtors, where the debtors have rights and obligations which if violated or not fulfilled, legal action can be taken in the form of filing a lawsuit either in court or outside the court.

Legal Politics and Data Protection in Indonesia: A Case Study of the National Data Center Hacking

Introduction: This article analyzes the politics of law and data protection in Indonesia through a case study of the hacking of the National Data Center. The incident highlights significant vulnerabilities within the national data protection framework and the legal implications arising from such breaches, emphasizing the urgent need for robust legal measures to safeguard sensitive information.Purposes of the Research: The purpose of this article is to thoroughly evaluate legal policies related to data protection in Indonesia, examining the challenges and opportunities for improvement. By focusing on the hacking incident of the National Data Center, the study aims to provide insights into potential policy enhancements to better protect data in an increasingly digital world.Methods of the Research: This research employs normative research methods with a comprehensive case study approach. Data is obtained through detailed analysis of legal documents, pertinent regulations, and relevant literature. This methodology aims to offer an in-depth understanding of the current state of data protection policies in Indonesia and identify areas requiring legislative and regulatory improvements.Results of the Research: The findings reveal that current data protection policies in Indonesia are insufficient to counter advanced hacking threats. This study offers recommendations for strengthening regulatory frameworks and implementing tighter supervision to enhance national data security. It introduces a new perspective on the dynamics of data protection law politics in Indonesia, contributing to the broader discourse on data security.

Interpretation and Application of Criminal Law Regarding Blasphemy Under Article 156a of the Criminal Code

The offense of blasphemy is complex and confusing due to its three distinct definitions: offense according to religion, offense against religion, and offense related to religion. This lack of clarity results in no clear boundaries for defining what constitutes blasphemy. This article explores the legal interpretation of blasphemy through an analysis of various court decisions and the opinions of religious leaders. Utilizing normative research methods complemented by field data from interviews with religious leaders, the study reveals that Article 156a of the Criminal Code lacks a precise definition of blasphemy, leading to broad and varied interpretations. The subjectivity of determining blasphemy is evident, as it often depends on the identity of the offended party. Additionally, resolving blasphemy cases, such as those involving deviant sects, necessitates theological dialogue rather than immediate recourse to punitive measures. The article notes that judicial decisions in blasphemy cases frequently rely on the testimony of religious experts, sometimes without sufficient consideration of the expert’s qualifications or the quality of their explanation of blasphemy.

Rise and Fall of Democracy in Regional Government: From Assignment to Election

Indonesia has been trying to develop democracy since the early independence. Assignment of the head of the region conducted from 1945 to 1999. After the big reformation in 1999, which started in 2004, Indonesia started a new chapter with the direct election model for regional heads. This research tries to find the philosophy of Indonesia’s choice to select its regional leader according to the law provided. The research is normative research with a conceptual and comparative approach. The results show that the election of regional leaders in Indonesia has not always been in line with the sovereignty of the people and the concept of democracy. Political choice has had a very significant impact. However, as it turns out into practice, as an emerging country in South East Asia, even though an assignment and not by the general election, leaders or regional heads are also considered as democratic as long as it is still on the path of openness, fair game and also according to people’s approval, including if it comes from the regional representative’s choice of candidates.

Legal Status of Adopted Children on Parents' Inheritance Based on Islamic Law and Civil Law (Case Study of Decision Number: 113/K/PDT/2019)

The legal consequences of the adoption event are regarding the status of the adopted child as the heir of his adoptive parents, such a status often causes problems in the family. The issues that often arise in the event of a lawsuit are usually related to the legality of the adoption of the child, as well as the position of the adopted child as the heir of his adoptive parents. Adopted children also have the right to guarantee the protection of their rights so that they can live their lives, participate optimally, and get protection from violence and/or different treatments. As for the reality, sometimes adopted children are still considered not part of the family and in the end, the rights of adopted children are ignored. This does not rule out the possibility of problems such as in terms of the distribution of inheritance, because it considers that the adopted child is not the heir of the parent who adopted him. In this study, the author also used Decision Study Number: 113/K/Pdt/2019. The theories used in the research are the theory of legal certainty, the theory of legal justice and the theory of legal protection. The research method used by the author is a normative research method. SW is not entitled to LTJ's inheritance because of his position as only a foster child based on the Deed of Child Handover Number 2. Foster children in terms of inheritance are not entitled to inheritance because their position is different from the position of the adopted child. A foster child is considered a third person who is not included in the class of heirs who are entitled to inheritance according to the law. An adopted child can get property from his adoptive parents through a will. The amount of this will is determined not to exceed 1/3 of the inheritance.

THE REFUND OF STATE FINANCIAL LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION THROUGH AUDIT AGENCY AUDIT INVESTIGATION

The aim of this research is to analyze the concept of returning state financial losses resulting from criminal acts of corruption based on Audit Board of the Republic of Indonesia audits and to analyze the form of follow-up to recommendations from Financial Audit Agency audit results regarding elements of state losses resulting from criminal acts of corruption. This research is normative research. The approach method used in this research is a statutory approach. The results of this research are the role of the Financial Audit Agency terms of returning state financial losses, the Audit Board of the Republic of Indonesia has the authority to make demands for compensation from parties proven to have committed unlawful acts which resulted in state financial losses through criminal law instruments, through civil law instruments or through administrative legal instruments. The Financial Audit Agency as the holder of audit power has the right to supervise the management of state finances and provide recommendations on audit results to the House of Representatives, Regional Representative Council and Regional People's Representative Assembly for political follow-up as a supervisory function and provide recommendations to law enforcers in the event of indications of criminal acts