Positive Legal Norms Research Articles

CRIMINAL, CIVIL AND SOCIO-ECONOMIC ASPECTS OF THE PROTECTION OF UNBORN LIFE IN THE REPUBLIC OF KOSOVO

Background: Human life is a natural right, and as a fundamental right, its loss entails the loss of all other rights. Consequently, human life is protected by international and national legal acts. This study will approach the chosen topic from a critical thinking angle. Its purpose is to present the basic notions of life, tackle the protection of life through positive legal norms, examine the legal treatment of the unauthorised termination of pregnancy, and provide an overview of data related to such terminations. Furthermore, we will examine whether current legal provisions in Republic of Kosovo effectively safeguard life or, instead, permit the termination of unborn life. The topic will be approached from the perspectives of civil law and the socioeconomic aspect of this phenomenon. Given that Kosovo was once an Autonomous Region of the Socialist Federal Republic of Yugoslavia, we will draw a comparative parallel in terms of legal reforms. The importance of this study will be evident based on the fact that studies of this interrelated nature of such a topic are lacking. Consequently, such a study will be relevant to legislation and legal practice. Methods: The selected topic will be treated by applying the historical-legal method, the normative method, the comparative method, the method of analysis and the synthesis method. Through the application of these study methods, an effort will be made to achieve the goal and the study objective, always with the aim of providing concrete answers to the research questions and validating the raised hypotheses. Results and Conclusions: While it must be accepted that termination of pregnancy is not murder, it is crucial to recognise that if it occurs at advanced stages of fetal development, it cannot be called anything other than murder. In addition to the legal fragility facing Kosovar society, there is also a notable weakness in the punitive policy. This policy, in its effort to be humane towards the perpetrators of criminal offences, may fail to achieve its intended objectives. Consequently, there is an urgent need for a shift in legislative policy concerning certain antisocial phenomena. Such a change would inherently lead to a reevaluation of punitive measures, especially considering that the criminal offence of unauthorised termination of pregnancy continues to be present in our society.

Review of Criminal Law Against Illegal Broadcasting Actions on Paid Football Shows

This study aims to analyze criminal law arrangements in handling illegal broadcasting of paid football shows and to analyze the legal position of illegal broadcast service providers on paid football shows based on criminal law provisions. This type of research that is used normative juridical method by examining the application of positive legal norms. Which consists of normative legal research by using methods of obtaining and analyzing secondary data and empirical legal research methods, namely by obtaining and analyzing primary data by conducting interviews with relevant sources. Then analyzed qualitatively and arranged systematically. The results of this study show that, 1) criminal law arrangements in handling illegal broadcasting of paid football broadcasts have been regulated in statutory provisions, including Law no. 28 of 2014 concerning Copyright, Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, as well as the values ​​contained in Law no. 32 of 2002 concerning Broadcasting. Even though it has been regulated, there are still many violations that occur.

The Application of Rehabilitation Sentences for Narcotics Addicts (Case Study of North Jakarta District Court Decision Number 115/Pid.Sus/2023/PN Jkt. Utr)

The crime of narcotics offenses is considered an extraordinary crime. Law Number 35 of 2009 concerning Narcotics, Article 1 point 13, states that a Narcotics Addict is a person who uses or abuses Narcotics and is in a state of dependency on Narcotics, both physically and psychologically. Narcotic rehabilitation is one of the efforts to save addicts from the shackles of narcotics and the dangers that accompany them. There are three stages of narcotic rehabilitation in Indonesia: medical rehabilitation, non-medical rehabilitation, and advanced rehabilitation. The problem formulation in this study is how the rehabilitation punishment for narcotics addicts is applied and how the analysis of the considerations of the Panel of Judges of the North Jakarta District Court in imposing rehabilitation sanctions in decision number 1151/Pid.Sus/2023/PN Jkt.Utr. The type of research in this legal research proposal is normative legal research, focusing on the applicable legal norms, namely positive legal norms in the form of legislation. The results of the study show that the provisions for rehabilitation for narcotics addicts are stipulated in Articles 54 and 127 of Law Number 35 of 2009 concerning Narcotics. Meanwhile, the classification of user groups is regulated in the Circular of the Supreme Court No. 4 of 2010 concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts in Medical and Social Rehabilitation Institutions. The judge's basis for sentencing the Defendant to undergo treatment and/or care at a medical/social rehabilitation institution refers to the provisions of Article 103 jo Article 127 paragraph 2 jo Article 54 of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics jo Circular of the Supreme Court of the Republic of Indonesia No. 4 of 2010 dated April 7, 2010, concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts into Medical and Social Rehabilitation Institutions, as well as other legal facts revealed in the trial.

Kontroversi Kepemimpinan Wanita: Perbedaan Pandangan Hadis Bukhari Dan UU Pasal 27 Ayat 1

In this research, we will explore and explain further the link of Bukhari's hadith regarding women's leadership and the provisions of Article 27 paragraph 1 of the Law on Gender Equality in Leadership Positions. This research was conducted using a multidisciplinary approach that combines textual analysis, historical-critical methods, and legal methods. The findings show that Bukhari's hadith about women's leadership needs to be understood in its socio-historical context and cannot be interpreted from the text alone. On top of that, this research found that the spirit of gender equality in Article 27 paragraph 1 of the law is in line with Islamic rules for creating a fair and beneficial system. Therefore, the reconciliation of religious values and positive legal norms regarding women's leadership can be achieved by considering the comprehensive interpretation of the Bukhari hadith and the contextual application of Law Article 27 paragraph 1. Women's leadership is an important issue that has sparked debate throughout the world, including Indonesia . This debate is rooted in the dialectic between religious values and positive legal norms. In Islamic studies, the placement of certain hadiths in the Sahih Bukhari book is often interpreted as preventing women from occupying leadership positions. On the other hand, Article 27 paragraph 1 of the Law firmly guarantees the right of every citizen to take leadership roles without gender discrimination.

Resolution of Case Of Abuse Against Child Offenders (Comparatory Study Between Bali Customary Law And National Law)

In Indonesia, there is one crime that occurs in the environment of children, known as the crime of abuse or often known as bullying. Bullying cases not only require national law but also customary law. In principle, the settlement of cases in customary criminal law with national law, especially in the handling of crimes committed by children, is the same as in national law in resolving cases using restorative justice whose resolution involves the perpetrator, victim, family of the perpetrator/victim and other parties. Related parties to jointly seek a just solution. In customary criminal law, a similar approach is taken by Adat leaders involving perpetrators, victims, families of perpetrators/victims and other related parties to seek Settlement based on Awig-awig, agreed upon and also using the norms prevailing in Adat people. In the process, it is carried out before the case in question is brought to court, while the settlement through restorative justice is carried out with trial proceedings. The sanction in customary crimes will be imposed if the person concerned repeats the same mistake. In this study, the autors uses normative legal research, which focuses on positive legal norms, the Child Criminal Justice System and Costumary law in Bali, especially Klungkung and Tabanan areas.

Criminal Law Enforcement in The Financial Services Sector in Case of Insurance Companies That Have Defaulted

At this time, many cases of insurance companies have defaulted so that policyholders have difficulty getting compensation payments when an uncertain event occurs. Moreover, this default case occurs in large insurance companies which makes public trust in insurance companies reduced. Of these various cases, one of the causes is the weak supervision and law enforcement in the financial services sector carried out by the Financial Services Authority (OJK). The purpose of this study is to analyze the enforcement of criminal acts in the financial services sector in the case of insurance companies that have defaulted. This research is normative juridical research that examines positive legal norms that apply in the form of laws and regulations regarding criminal acts in the financial services sector. This research is expected to provide input to OJK to immediately make improvements to the legal structure and legal culture in criminal law enforcement in the financial services sector to protect policyholders, create a healthy insurance company, and restore public trust in the insurance industry in Indonesia. In normative juridical research, the data studied are only secondary data that include primary, secondary, and tertiary legal materials. The results showed that law enforcement of criminal acts in the financial services sector in the case of insurance companies that defaulted could not be optimal due to the limited number of OJK investigator personnel, lack of knowledge and technical skills regarding criminal investigations in the financial services sector, lack of facilities, infrastructure, and funds, as well as low legal culture from insurance company managers, OJK investigators, and the public.

The Criminal Justice System in Environmental Crime by Corporations

Environmental law has advanced quickly, not only in relation to the role of law as a means of development (a tool of social engineering) with the function of an agent of development or agent of change, but also more prominently about the function of law as protection, control, and legal certainty for society (social control) with the role of agent of stability. This legal research is normative legal research with a focus on positive legal norms (ius constitutum), that is, it focuses more on the application of positive legal norms and principles using a statutory approach (statutes approach), which is pertinent to the study of how legal issues are formulated in this legal research. Law Number 11 of 2020 Concerning Job Creation’s environmental cluster setting, particularly the elimination of criminal penalties, is extremely inappropriate. Due to the repeal of criminal penalties in Law Number 11 of 2020 Concerning Job Creation, administrative sanctions are not subject to stringent regulation. Legislation that prioritizes environmental and health issues and establishes a legal framework for the environment is required. This legislation should be written utilizing the omnibus process once more.
 Keywords: criminal system reconstruction, environmental law, Law Number 11 of 2020

Juridical Analysis of the Application of Criminal Sanctions for Violations of the Importation and Export of Plants (Research Study of the Batam Class I Agricultural Quarantine Center)

Positive legal norms related to Animals, Fish, and Plants are required to provide legal certainty in preventing the entry, exit, and spread of quarantine plant pests. One way to safeguard quarantine measures is by imposing sanctions on offenders in the field of quarantine. The application of sanctions for violations of Law Number 21 of 2019 includes both administrative and criminal penalties. The issues in this study revolve around the legal regulation of the import and export of plants, the application of criminal sanctions for violations of the import and export of plants at the Class I Agricultural Quarantine Center in Batam, and the obstacles or challenges to imposing criminal sanctions for violations of the import and export of plants, along with their solutions at the Class I Agricultural Quarantine Center in Batam. This research aims to understand and analyze the legal regulation of the import and export of plants, to comprehend and analyze the application of criminal sanctions for violations of the import and export of plants at the Class I Agricultural Quarantine Center in Batam, and to identify the factors hindering the imposition of criminal sanctions for violations of the import and export of plants, as well as to analyze their solutions at the Class I Agricultural Quarantine Center in Batam. This study employs normative legal research using literature as the primary source material for analysis. The research results indicate that the application of criminal sanctions for violations of the import and export of plants in Batam is often not in accordance with the regulations stipulated in Law Number 21 of 2019.

Implementasi Hukum Adat Sebagai Penanganan Restorative Justice Dalam Membangun Sistem Alternative Penyelesaian Hukum Pidana di Indonesia

In the implementation of the resolution of criminal law violations in customary courts, it is felt to be very effective in dealing with many criminal cases through a restorative justice approach which theoretically relies on values that are characterized by Indonesian harmony, balance and conduciveness to ensuring shared life in society. Therefore, all forms of recognition of customary law must be carried out through acceptance and granting legal status related to the existence of its implementation in areas where the application of customary law is very strong. This research is a qualitative type of research with a normative conceptual and juridical approach. The data source was obtained by examining positive legal norms in the form of applicable laws and customary law norms. The conclusions that can be drawn from this research are: In customary justice it is not considered as non-formal justice outside of the judiciary under the State judiciary institution. The Supreme Court is on par with other customary justice bodies. Customary justice is something that actually occurs in the midst of society, therefore the basis contains the principles of restorative justice which focuses on resolving criminal cases outside of court so that the value of justice can be accepted by each group and individual in the customary law that occurs in Indonesian society.

The Importance of Brand Registration to Reduce Unfair Competition in the World of Trade

Objective: The purpose of this study is to find out the legal solution to the importance of trademark registration to reduce the occurrence of unfair competition in the world of trade and provide sanctions for parties who imitate and copy marks. Method: The Research methods carried out in a systematic way in carrying out analysis and data collection activities in striving for certain goals to be achieved are definitions for research, For the realization of this research, the method applied is the analytical descriptive method. The purpose of this method is intended to be able to deliver a bright picture as a whole, carry out an assessment of positive legal norms and dig deeper into legal facts. The type of research that is then also applied in this research is normative juridical. Results: With a multitude of product brands in the market, it often confuses consumers when making choices. Sometimes, consumers choose products based on their budget, leading to the circulation of many counterfeit brands with significantly lower prices but identical names and appearances to genuine products. This is what is referred to as a violation of trademark rights. Therefore, for a trademark to be valid, it needs to be registered. Registration is carried out to provide valid proof of ownership of the trademark, to challenge counterfeit brands in circulation, and to reject trademarks with identical appearances registered by others. Thus, trademark registration is conducted to obtain protection and legal certainty for a brand.

Corporal Punishment in Educational Context: Criminal Law Regulatory Framework


 Teachers may impose sanctions or Corporal Punishment on students for educational purposes. In several cases, the Corporal Punishment action taken by the teacher resulted in the imposition of criminal sanctions on the teacher. This paper describes the perspective of criminal law settlement in Corporal Punishment cases. This paper uses the normative juridical research method, which examines the application of positive legal norms. Hence, this paper interprets the corresponding law in the means of textually. Furthermore, researchers use a conceptual framework to illustrate a teacher’s professional duties and Corporal Punishment. Finally, this research uses qualitative descriptive analysis supported by a case approach. This research found that applying life skill-based and contextual learning methods may prevent the aftermath of teachers’ Corporal Punishment. Teachers, carrying out their professional duties, may avoid criminal charges for Corporal Punishment if these actions do not exceed reasonable limits, which result in student losses, both physically and psychologically. The functionalization of criminal law may be prevented using ultimum remedium in resolving Corporal Punishment cases. This may occur in settlement through restorative justice, which involves various parties in the educational process. Alternatively, criminal law settlement may be used in Corporal Punishment cases. Judges may apply the concept of individualized punishment in imposing sanctions on teachers who are proven guilty of Corporal Punishment. Finally, this paper recommends a psychological intervention to assess educators’ mental capacity. This may take form through periodic assessments to determine the competence of teachers as educators.

Fulfillment Of The Right To Mental Disability In Elections At Ogan Komering ULU District

The right to vote is an inherent human right, universally recognized and protected by international law. It is essential to ensure that every eligible citizen is given equal rights and opportunities to participate in the democratic process by casting their vote without exception. Because the non-involvement of persons with disabilities takes away from the true meaning of democracy, they must be involved in the democratic process. If the political rights of a person or group are not fulfilled, the election may be questioned. To guarantee fair elections, persons with disabilities must be equally involved in the electoral process. This study uses a normative analysis method which begins with describing legal facts, then seeks a solution through a critical analysis of existing positive legal norms. Protection for persons with disabilities has existed since Indonesia ratified the UNCRPD in 2011, even the derivative regulations already exist in Law No. 8 of 2016 which regulates the rights of persons with disabilities. Data at the Ogan Komering Ulu Election Commission shows that mental disabilities are the second largest in number of physical disabilities with a total of 256 people in 13 sub-districts in South Ogan Komering Ulu, they are people whose political rights should be protected by being given space to be creative.

Kekerasan dalam Rumah Tangga: Konsekuensi Hukum dan Perlindungan Korban

Recently, TV stations and social media were enlivened by news about domestic violence (KDRT) committed by artist FI against his wife who is also an artist named VM in a hotel in East Java. Previously, domestic violence among fellow LK artists was also horrified who experienced violence perpetrated by RB and this case ended with recovery and revocation of the police report. On social media, the viral video of domestic violence experienced by a child from his father, a businessman named RIS, has been determined as an allegation of a report from his wife after the examination and case title. Domestic violence against children which shocked the Indonesian public occurred in 1984 which was experienced by 7-year-old AH who died after being abused by his own biological father and mother. The South Jakarta District Court found Saya guilty and was sentenced to 5 years in prison while his wife S was sentenced to 3 years in prison. This research method uses a type of normative legal research that is carried out or focuses on positive legal norms in the form of laws and regulations with an empirical juridical approach by reviewing normative or juridical concepts regarding the implementation of legal protection for victims of domestic violence (KDRT) who are victims of crime. The conclusion of this study is that the reasons for the occurrence of acts of physical violence within the household (KDRT) by husbands against wives and/or children: infidelity factors, economic factors, psychological factors and the nature of the husband, educational factors, third party factors (family) and legal consequences due to acts of physical violence within the household (KDRT) by husbands against wives and/or children can be carried out through non-litigation through P2TP2A and Komnas Perempuan while handling litigation through police reporting.

LEGAL PROTECTION AGAINST THE CASE OF PT. MOTTOLEDO AS A VIOLATOR OF FEN LIE PATENT RIGHTS

Intellectual property rights (IPR) pertain to property rights derived from human intellectual capabilities, encompassing various forms of talent displayed in technology, science, art, and literature. Adequate legal protection is essential for intellectual works to nurture societal creativity and ensure successful safeguarding of intellectual property rights. This study aims to assess the legal protection of intellectual property rights against PT Mottoledo Fen Lie Agen as a patent infringer. This study employs a normative legal study approach, focusing on the positive legal norms governing the protection of intellectual property rights against PT Mottoledo Fen Lie Agent's patent infringement. The study identifies the substantive requirements for patentability of an invention, namely: novelty, inventive steps, and industrial applicability, as specified in Articles 2-5 of the Patent Law. Concerning copyrighted books and similar works, the protection system discussed earlier adopts an automatic approach. This means that creators do not need to undergo a registration process to obtain legal protection; protection automatically exists from the moment the copyrighted work is created as a tangible expression, such as a copyrighted book, etc.

THE EXISTENCE OF CUSTOMARY LAND IN BALI AFTER THE APPOINTMENT OF CUSTOMARY VILLAGES AS SUBJECTS OF COMMUNAL PROPERTY RIGHTS OVER LAND

Customary land is land owned by indigenous peoples for generations since ancient times, in 2017 customary villages as a unit of indigenous peoples obtained property rights to land that provide legal certainty over customary land ownership but will also have an impact on the integrity of customary land in the future because property rights can be transferred and transferred to other parties. The purpose of this study is to be able to analyze strategies to maintain the Existence of Customary Land in BaliThis writing is normative legal research, namely research that examines the applicable positive legal norms, which are in the form of laws and regulations related to the existence of customary land in Bali after the appointment of customary villages as subjects of communal property rights to land, which focuses on land rights that are most appropriately owned by Customary Villages together with indigenous peoples, by using a statutory approach and a conceptual approach. The Property Rights were granted to the Indigenous Village.

Political Configuration of Electoral System Law in Indonesia from State Administration Perspective

The massive number of money politic and clientelism cases occurring between legislative electoral candidates and the community should be eradicated, especially as the general election comes close. This article analyzed the causes of money politic and clientelism in the electoral system and which electoral system that Indonesia as a state should pursue in the legal political context. This normative juridical research discussed the subjects from the point of view of positive legal norms in Indonesia and focused on a statutory approach. The research data were collected by reviewing various literatures. From the research findings, it was concluded that the open-list proportional electoral system in Indonesia in Law No. 7 Year 2017 concerning General Election should be changed into a close-list one considering that the legal politic of the Law on General Election led to the many money politic cases occurring before and after the election. The Constitutional Court in its decision No. 144/PUU-XX/2022 rejected entirely the application for a change of proportional electoral system in the Law on General Election for many considerations and the upcoming general election in 2024 would still use the open-list proportional electoral system. Nevertheless, in the national legal political context, the party drafting the Law on General Election was authorized by the Constitutional Court to change the electoral system in the future on various requirements that they need to fulfill.

Development Of The Implementation Of The Principle Of Contradiction Delimitation In The Process Of Complete Systematic Land Registration (PTSL)

Land registration since the enactment of the basic agrarian law has never produced significant results until the last few years. The Ministry of Agrarian Affairs and Spatial Planning / National Land Agency often looks for ways to speed up land registration with the registration program proposed since 2016, namely the complete systematic land registration (PTSL). One of the important stages in the systematic registration of land is the application of the principle of delimitation contradiction. This study discusses the implementation of the principle of contradiction delimitation that has changed since the systematic land registry was implemented. This study aims to show how the effect of changes in the mechanism of implementation of the STs, especially in the implementation of the principle of contradiction delimitation. The research methods used in this work are normative legal research methods with a focus on positive legal norms as the main material. The results of this research is a change of the mechanism of implementation of the new PTSL resulted in changes in the implementation of the principle of contradiction delimitation. With the new PTSL implementation scheme, land registration is expected to be implemented with a relatively shorter period of time so that it will be more efficient. However, this change reduces the legal certainty of the regulation regarding the application of the principle of delimitation contradiction. The government in making policies is expected to always prioritize the importance of the legal basis for new policies before they are made.

Cartel Practices in Indonesian Tyre Industry: Assessing the Role of the Indonesian Tyre Business Association

This study examines the legal standing of the Indonesian Tyre Business Association (APBI) in light of the KPPU Decision Number 08/Pdt.G/KPPU-I-2014 concerning tire cartel violations in the Indonesian automotive industry. Utilizing normative legal research methods focusing on positive legal norms, the study identifies and systematizes violations of business competition rules by six major APBI member companies between 2008 and 2012, and critically analyzes and interprets the evidentiary basis of these findings. The companies allegedly colluded on tire pricing, manipulating the market for Passenger Car Radial (PCR) tires and inducing unfair business competition. The study asserts that, while the APBI's role in facilitating this collusion was apparent, its legal liability remains unclear due to the association's ability to influence member practices without a binding enforcement mechanism. These findings raise critical implications for market competition and cartel law enforcement, necessitating a re-evaluation of the legal provisions surrounding business associations, especially in the context of Indonesia's anti-monopoly and unfair competition laws.Highlights:
 
 APBI's facilitation of cartel behavior among its members.
 Unclear legal liability of business associations in anti-competitive practices.
 Need for re-evaluation of legal provisions surrounding business associations.
 
 Keywords: Cartel, Indonesian Tyre Business Association (APBI), Unfair Business Competition, Competition Law, Indonesian Tyre Industry

Issuance of Land Legality By The Batam Concession Agency Against Complete Systematic Land Registration Program Certificates Issued In Batam

Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL) was made to ensure legal certainty and legal protection of land rights owned by the community fairly and equitably, but unfortunately, it contradicts with the Regulation of the Head of the Batam Free Trade Zone and Free Port Concession Agency Number 27 of 2017 concerning Implementation of Land Allocation. The purpose of this study is to analyze what regulations must be used by people who want to apply for land permits in Batam and how to obtain land permits in Batam. This study used normative legal research or doctrinal research which refers to positive legal norms governing the Issuance of Land Legality by the Batam Concession Agency Against Complete Systematic Land Registration Program Certificates Issued in Batam. The results of this study that the regulations used are still regulations issued by the Head of the Batam Free Trade Zone and Free Port Concession Agency Number 27 of 2017 concerning the Implementation of Land Allocation. Because Batam is one of the regions in Indonesia with regional autonomy rights.

The Unconstitutionality of Termination of Employment on The Grounds of An Urgent Offence

Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation through Government Regulation No. 35 of 2021 on Fixed-term Labor Contracts, Outsourcing, Breaks during working time and Dismissal provides for dismissal for urgent infractions that are similar in content to dismissal for serious infractions. misconduct under the Manpower Act No. 13 2003, which was repealed based on a decision of the Constitutional Court No. 012/PUU-I/2003. The legal issues that will be addressed in this study are how the constitution envisages dismissal for urgent violations, which are similar in substance to serious misconduct as grounds for dismissal. This type of research is legal research using statutory approach and is carried out by searching for positive legal norms consisting of applicable laws and court decision related to termination of employment on the grounds of urgent violations apply based on Law Number 6 of 2023, although it has similar substance with gross misconduct as a reason for termination of employment in the provisions of Article 158 of Law Number 13 of 2003 which has been declared contrary to the 1945 Constitution so that it does not apply and has binding legal force based on the Constitutional Court Decision Number 012/PUU-I/2003.