Positive Legal Provisions Research Articles

Study of the Role of the Police in Violating Criminal Acts Trademarks by Trading Goods without the Permission of the Registered Brand Owner

Unlike copyrights, trademarks must first be registered in the General Trademark Register. This is useful so that every producer, entrepreneur, or trader can be legally protected with respect to trademark rights over their goods. Trademark Law Number 15 of 2001, which requires the mark to be registered. If the trademark has been registered legally, in the event of a violation of the rights to the mark, the legal owner or rights holder can file a claim by taking legal action as stated in Article 76 of the Law on Marks and Trademarks 20 (2016) concerning geographical indications. Indeed, the protection of brand rights for brand owners in Indonesia has recently decreased. In fact, trademark infringement is still common. Well-known trademarks are generally inseparable from intellectual property rights violations, such as counterfeiting, imitation, and reputational carpooling. This journal uses normative legal research methods. Legal writing is research that examines legal materials, positive legal provisions, legal principles, and legal doctrine in order to answer the legal issues at hand. The problem approach used is the statutory approach. The technique of tracing legal materials uses a literature study technique as well as an analysis of the study using qualitative analysis.Based on the research results, the authors can conclude that their rights still have protection against criminal acts of trademark infringement. Likewise, the police also play a fundamental role in dealing with criminal acts of trademark infringement by trading goods without the permission of the registered trademark owner. There are three types of police handling of trademark infringement: pre-emptive, preventive, and repressive measures.

GOVERNANCE OF RURAL BANKS BASED ON LAW CONCERNING BANKING IN THE PERSPECTIVE OF COMMUNITY WELFARE

Based on Law Number 10 of 1998, the objective of Indonesian banking is to support the implementation of national development in order to increase equity, economic growth and national stability towards increasing people's welfare. Banking can be grouped into three, namely central banks, commercial banks and rural banks. Rural Banks (BPR) are banks that carry out business activities conventionally or based on sharia principles, which in their activities do not provide services in payment traffic. The research method that the authors use is a normative juridical method, namely research that prioritizes library data, namely research on secondary data. The secondary data can be in the form of primary, secondary or tertiary legal materials. This research includes research on positive legal provisions in force in Indonesia relating to BPR governance based on Law Number 10 of 1998 concerning Banking. The research results, positive legal provisions in force in Indonesia relating to BPR governance based on Law Number 10 of 1998 concerning Banking. PT BPR Papua Mandiri Makmur realizes that internalization of broader governance principles needs to be carried out in a sustainable manner to improve the quality and scope of governance implementation in every aspect of PT BPR Papua Mandiri Makmur's activities.

Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials.
 Purposes of the Research: Analyzing juridically through reviewing laws and regulations relating to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses.
 Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments.
 Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.

Konstruksi/Karakter Hukum Penyalahgunaan Wewenang dan Menyalahgunakan Kewenangan Dalam Tindak Pidana Korupsi

Introduction: The legal issues in this paper are how the legal construction/character of abuse of authority in corruption crimes and how the basis for the enforcement of offenses/norms of abuse of authority in corruption
 Purposes of the Research: This writing aims to find out and analyze the legal construction/character of the abuse of authority in corruption
 Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments.
 Results/Originality of the Research: The results show that or The findings of this study prove that abuse of authority and abuse of authority is the core of the concept of administrative law relating to the source or birth of authority. This has consequences for the concept of legal responsibility that was born from deviations from the principle of objectives that have been given to the authority.

DEVELOPMENT OF BUSINESS LAW IN THE PERSPECTIVE OF PANCASILA IN THE ERA OF INDUSTRIAL REVOLUTION 4.0

This article aims to explore the development of business law in the context of Pancasila during the era of the Industrial Revolution 4.0. The research methodology used is normative juridical, which examines the implementation of positive legal provisions in business law. The data used includes primary and secondary sources, obtained from legal products related to business and trade. The rapid globalization brought by the 21st century industrial revolution has resulted in significant changes in various aspects of law, politics, economics, technology, and culture. As the Industrial Revolution 4.0 relies heavily on telematics (telecommunications, media, and information), it is essential to adjust regulations in the field of business law to accommodate these changes. The Indonesian government must engage in legal development, legal harmonization, and legal reconstruction to update legal products in line with the global situation. This includes building a legal system that reflects Pancasila and the 1945 Constitution to adapt to the industrial era 4.0. As the development of business law in the Industrial 4.0 era must be consistent with Pancasila's values and the 1945 Constitution, it is crucial to prioritize these values in legal development.

Cultural Heritage Zoning System of Otanaha Fort Gorontalo City: Its Implementation in Regional Regulations

The purpose of this study is to determine and analyze the implementation of the zoning system in the cultural heritage of Fort Otanaha in Gorontalo Province. This research uses a type of normative-empirical (applied) research, which is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on a certain legal event that occurs in society. Based on the results of the study, it was concluded that in the application of the zoning system in accordance with the mandate of applicable laws and regulations, it is necessary to have a legal umbrella, namely a derivative regulation that can become a legal umbrella and become an extension to realize the mandate stated in the Cultural Heritage Law so that the cultural heritage of Fort Otanaha can be preserved and passed down from generation to generation.

Perlindungan Penduduk Sipil Dari Kelompok Kriminal Bersenjata Di Provinsi Papua Ditinjau Dari Hukum Humaniter Internasional

Introduction: Civil protection in Papua Province from Armed Criminal Groups (KKB) must be a serious concern, considering the cruel actions carried out by the KKB starting from shootings, persecution, arson and various other forms of crime that have caused casualties and property that have continued since to year.Purposes of the Research: to know the regulation of non-international armed conflict and how to protect the civilian population from KKB in Papua Province. Methods of the Research: This legal research, the author uses normative research. That is, a study that primarily examines positive legal provisions, legal principles, and legal doctrines to answer legal questions faced.Results of the Research: The results show that the regulation of non-international armed conflicts can be found in the Geneva Convention of 1949 article 3 regarding armed conflicts that are not international in nature in which one of the major participants is required to comply with the provisions regarding protected persons in the event that they are not actively engaged in hostilities. Furthermore, regarding the protection of the civilian population in Papua Province based on a review of humanitarian law so far it cannot be applied, because the conflict conditions in Papua Province cannot yet be categorized as non-international conflicts, but are classified as situations of domestic security disturbances or internal disturbances and tensions. Thus national law and international human rights law apply.

TINJAUAN HUKUM TERHADAP PRINSIP NASIONALITAS DALAM JUAL BELI HAK ATAS TANAH

The principle of nationality adopted in the constitution on agriculture is fully enshrined in the Property Rights Regulation. Indonesian citizens who can have land ownership rights, while foreign citizens only have land use rights, then articles 1 and 2 of the constitution are thus complied with. The aim of this research is to determine the application of the nationality principle in the purchase and sale of fundamental rights and the effect of the nationality principle on the legal force in the purchase and sale of fundamental rights.The type of research used in this research is normative-empirical law, this research deals with the implementation or implementation of positive legal provisions and factual written documents about certain legal events occurring in society. The purpose of the assessment is to verify whether the results of the application of the law on legal facts are in concreto in accordance with the provisions of the legislation. Or in other words, whether the provisions of the legislation have been properly implemented so that the stakeholders achieve their goals or not. The results of the study indicate that the application of the nationality principle. The application of the nationality principle is an effort where the Indonesian people have full land rights in the Republic of Indonesia in accordance with the provisions of the law, while foreign citizens are not granted land rights in the form of property rights. Foreigners only have the right to cultivate, the right to build and the right of use. The legal force of the sale and purchase itself is in the deed of sale and purchase (AJB) where the deed of sale and purchase is proof that the fundamental rights have been transferred to the buyer who has bought the fundamental rights (property rights). The factor that then influences the legal force of buying and selling fundamental rights based on the nationality principle itself is whether the second party in this case the buyer is still a foreigner (WNA) which is an administrative defect and cannot be registered with the National Land Agency.

Comparison of Regulations and The Role of Officials Making Land Deeds In The Reconstruction of Land Registration After Natural Disasters

Indonesia is a country that is on the equator and most of it is a water area. Indonesia is also a country located on the Asian and Australian continents and is directly adjacent to the pacific and indian oceans. So this is what causes Indonesia to be included in the Ring of Fire or Pacific Circle of Fire which is known as a region with many tectonic activities. This legal writing uses normative research methods so that the approach used is a purely normative approach or what is known as normative juridical. This research raises the issue of positive legal provisions of the role of land deed-making officials in the implementation of land registration reconstruction after natural disasters. The implementation of land registration after the natural disaster that occurred on September 28, 2018, Indonesia was hit by an earthquake and tsunami precisely in the Palu area of Central Sulawesi is certainly inseparable from applicable government regulations which are still carried out with various collaborations with other ministries as a form of land registration and provide certainty to legal protection for victims of natural disasters

Good Corporate Governance dalam Perspektif Konvensional Dan Islam (Studi Deskriptif Perbankkan Syariah)

This study aims to determine the implementation of Good Corporate Governance from Conventional and Islamic Perspectives. The researcher uses a qualitative descriptive method to analyze the situation with the phenomenon of the object to be studied as the main instrument and focuses more on interpretation than generalization. This research was conducted in the banking sector around the Jombang area. Good corporate governance is the basis for managing and controlling company activities. Although the concept of corporate governance is still new, it is rooted in Islamic teachings such as the Al-Qur'an and Hadith. Therefore, in the framework of implementing the principles of good corporate governance (Good Corporate Governance) in sharia banking, it is appropriate to refer to the existing positive legal provisions, which in turn must apply sharia principles.

Pelaksanaan Eksekusi Barang Rampasan Perkara Tindak Pidana Umum Dengan Cara Penjualan Langsung Pada Kejaksaan Negeri Palangka Raya

Abstract:
 TThis article aims to find out and understand the implementation of the execution of the booty as well as the obstacles faced by the Executor Prosecutor in carrying out the execution of the booty in general criminal cases by direct selling of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney. The research method uses empirical juridical research methods, namely research that examines the implementation or implementation of positive legal provisions and what happens in people's lives. The results of the research are, 1. The execution of booty in general criminal cases by way of direct sales of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney is in accordance with the Republic of Indonesia Prosecutor's Regulation Number 10 of 2019, but in its implementation it is constrained for buyers in direct sales in the form of motorized vehicles when they want to apply for the registration process of motorized vehicles resulting from direct sales which are rejected by the local police. 2. Obstacles faced by the Executing Prosecutor in carrying out the execution of the confiscation of general criminal cases by means of direct sales of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney's Office there are technical obstacles, namely, related to the completeness of the case file and legal obstacles. namely, the regulations of the Prosecutor's Office and the Police regarding the registration requirements of motorized vehicles resulting from direct sales are contradictory.
 Keywords : Implementation Excution, Booty, Palangka Raya District Attorney

The Issue of Public Officials’ Promises in the Light of Philosophy of State

The legal nature of promises of state bodies has not become a subject of discussion in the theory and philosophy of Soviet and Post-Soviet Law. Issues related to the promise/assurance of an administrative act and its legal consequences are studied in more detail in the doctrine of German administrative law. Moreover, positive legal provisions on the promise of an administrative act exist in Germany. The results of studying the promise in this article will be presented in a deductive methodology (from general to specific). The article will present: First, within the framework of the types of law enforcement, theoretical approaches about the legal nature of the promises made by officials, their place in the system of sources of law (philosophical and legal plane); Second, the essence of the promise made by an official as a performative act, types of promises and connection with the doctrine of legal expectation (theoretical and legal plane); Third, judicial practice of consideration and resolution of disputes related to the promise made by administrative bodies. The authors conclude that the fulfillment of public promises of high-ranking officials is not only a moral duty, but also causes political and legal consequences.

PERLINDUNGAN HUKUM TERHADAP HAK ATAS TANAH MILIK DESA KOBA SELTIMUR ATAS TANAH DENGAN HAK PAKAI

Land in Murai Lama Village which is the object of use rights is land located in Aru Tengah Benjina District, Aru Islands Regency with a land area of ​​about 26,4062 (twenty six thousand four hundred and six square meters). The land used by the people of Murai Lama Village has a usufructuary status granted by the Kaidel clan on August 13, 1946. This paper wants to examine and analyze how the arrangements for granting customary land rights are made and how legal protection is for owners of land that give rights to parties. other.
 The type of research used in this legal research is normative legal research. The approach used in a legal research is a law application approach and a conceptual approach. Sources of legal materials come from primary legal materials, secondary legal materials and tertiary legal materials.
 The results and discussion show that the arrangement for granting land rights has actually been regulated in the laws and regulations in Indonesia. Arrangements for granting rights to customary land of Koba Seltimur Village to Murai Lama Village with rights based on positive legal provisions in force in Indonesia. The positive legal provisions given to the party exercising the right refer to Article 43 of Law Number 5 of 1960 concerning Basic Agrarian Principles which states that land rights can only be transferred, if this is possible in the relevant agreement. Furthermore, regarding this provision, it is embodied in Article 53 paragraph (3) of Government Regulation Number 18 of 2021, Management Rights, Land Rights, Flat Units, and Land Registration which states that the occurrence of use rights is due to legal ownership. While the law of protection for the owner of the land that gives the right of use to the other party is a guarantee of the fulfillment of human rights so that the rights of every citizen are not violated by anyone. Legal protection for land owners who give rights to other parties is very urgent because it presents good land for the benefit of the people of Murai Lama Village so that the rights of indigenous peoples must be protected by the state and the community so as not to cause conflicts that can harm other parties.

Kajian Yuridis Terhadap Transaksi Jual Beli Online Dengan Menggunakan Fitur Paylater

Introduction: Shopee Paylater is a payment method which means users or consumers will get loans instantly. Each agreement of the parties has an obligation to fulfill achievements to other parties, in practice some of the Consumers do not carry out their obligations properly and correctly, some of the Consumers are not in good faith when carrying out product or service transactions, there are also buyers who do not pay in accordance with the agreed maturity date, therefore the Consumer is deemed to have defaulted.Purposes of the Research: Analyze and review the dispute resolution process if the consumer defaults on the Shopee Paylate payment method. Methods of the Research: : This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the The procedure for carrying out online buying and selling transactions through Shopee using the Paylater feature can be done with the payment method in cash or installments. Furthermore, the process of resolving consumer disputes who default on paylater on the shopee marketplace is by paying a fine of 5% of the total bill and will continue to increase if it is not paid, consumers cannot checkout through shopee and the existing shopee paylater limit will be reduced because of this. the. does not carry out dispute resolution methods through litigation or non-litigation, the Shopee Paylater organizer only takes steps to resolve the dispute internally and provides administrative sanctions for defaulters on the Shopee Paylater usage agreement.

Implementasi Pelaksanaan Ketentuan Pasal 35 UU No.46 Tahun 2009 Tentang Pengadilan Tindak Pidana Korupsi Bertentangan Dengan Harapan Asas Peradilan Cepat, Sederhana Dan Biaya Ringan Terhadap Peradilan Tindak Pidana Korupsi Di Tingkat Kabupaten/Kota

Abstract :The focus of the study in this research is the implementation of the provisions of Article 35 of Law No. 46 of 2009 concerning Corruption Courts Contrary to the Expectations of Fast, Simple and Low Cost Judicial Principles for Corruption Courts at the Regency/City Level. This study aims to examine and analyze the subject matter, namely analyzing the problems of implementing the provisions of Article 35 of Law Number 46 Year 2009 concerning the court of corruption at the district/city level. To analyze the policy concept so that the judicial process for corruption at the district/city level can reflect the expectations of the principles of simple, fast and low-cost justice. To discuss these problems, the type of research used by the author is that this research is structured as "normative" research, namely research that is used to examine various positive legal provisions and general legal principles, in order to obtain scientific truth on the discussion of legal issues being studied. . Based on the results of the research, the implementation of the establishment of the criminal justice system for corruption in each district was not in accordance with what was expected. This means that what is expected with the reality that occurs does not match. Because until now the implementation of article 52 paragraph (2) has not materialized. The impact is that there are difficulties in the process of handling cases that must be resolved by the Corruption Crime Court and the increasing number and accumulation of cases, in addition to the long distance constraints from the corruption courts, a small budget, an average staff of only 2 public prosecutors. so that the settlement of corruption cases that are carried out becomes slow, this is certainly not in accordance with the principles of fast, simple and low-cost justice.

Peran Masyarakat Adat Dalam Mempertahankan Eksistensi Hukum Sasi

The purpose of this research is to analyze and find out the function and role of Sasi Law in the management of the environment, natural resources and ecosystems in it by the people in Negeri Seith and Negeri Ouw, Central Maluku district, and regulations in Seith and Ouw countries in maintaining the existence of Sasi law. This research method is empirical law, which is a research based on field data by taking data according to the sample and conducting an assessment of positive legal provisions and legal principles. The results of the study show that the implementation of Sasi is currently experiencing degradation because it has not been carried out as the implementation of Sasi was originally, even though Sasi has been considered as part of customary law in each Negeri. The regulation of Sasi is not regulated in a Negeri Regulation so that it binds the community and people in each Negeri, as well as being a guide for the next generation to be maintained.

Penyelesaian Pelanggaran Administrasi Pemilu oleh Bawaslu

Introduction: The legal issues in this writing include how are the legal arrangements regarding the settlement of general election administration by Bawaslu and how to resolve election disputes by Bawaslu.
 Purposes of the Research: This writing aims to find out and analyze how to resolve violations of general election administration by Bawaslu.
 Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments
 Results Originality Findings of the Research: The findings of this study prove that in legal arrangements regarding the settlement of election administrative violations by Bawaslu and the settlement mechanism that in an effort to resolve administrative violations, Bawaslu has the authority to resolve administrative violations in accordance with the provisions of the Bawaslu laws and regulations and the General Election Commission. The settlement mechanism based on the Election Law is not explained significantly but it is explained that non-criminal violations are administrative violations and these violations are reported and followed up by Bawaslu and the General Elections Commission.

Penerapan Kewenangan POLRI Melakukan Penegakan Hukum Terhadap Pelaku Pidana Penambangan Batu Bara Illegal

Indonesia is a country rich in minerals (mining). The minerals contained in the form of gold, silver, copper, oil and natural gas, coal and many other natural potentials that can support the development of the country. All mining materials are controlled by the state and used for the entire Indonesian nation, based on the fifth principle of Pancasila as a unified whole, the existence of norms or rules in the provisions of Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. “Earth, water and natural resources contained therein shall be controlled by the State and used for the greatest prosperity of the people." All natural wealth and its contents are controlled by the state and used for the prosperity of the people, the Indonesian people should not experience a permanent spike in poverty, if the state apparatus including prosecutors and judges consistently carry out crackdown on illegal mining. In the field, there was a disparity in demands and decisions that were quite favorable to the defendant, as found in this study. The type of research is carried out with a normative juridical approach, research that prioritizes library data, namely research on secondary data. Secondary data can be in the form of primary, secondary or tertiary legal materials, such as positive legal provisions that apply in Indonesia relating to law enforcement against perpetrators of illegal coal mining crimes, and data obtained from research results obtained directly on the object. research, literature, is carried out with research that is literature in nature to search for, find and use materials regarding conceptions, theories, or expert opinions related to the problems that are the object of research, such as Primary Law materials, the Criminal Code, the Mining Law No. 3 of 2020, secondary and tertiary law materials, namely dictionaries and magazines that discuss the object of research.

Penerapan Kewenangan POLRI Melakukan Penegakan Hukum Terhadap Pelaku Pidana Penambangan Batu Bara Illegal

Indonesia is a country rich in minerals (mining). The minerals contained in the form of gold, silver, copper, oil and natural gas, coal and many other natural potentials that can support the development of the country. All mining materials are controlled by the state and used for the entire Indonesian nation, based on the fifth principle of Pancasila as a unified whole, the existence of norms or rules in the provisions of Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. “Earth, water and natural resources contained therein shall be controlled by the State and used for the greatest prosperity of the people." All natural wealth and its contents are controlled by the state and used for the prosperity of the people, the Indonesian people should not experience a permanent spike in poverty, if the state apparatus including prosecutors and judges consistently carry out crackdown on illegal mining. In the field, there was a disparity in demands and decisions that were quite favorable to the defendant, as found in this study. The type of research is carried out with a normative juridical approach, research that prioritizes library data, namely research on secondary data. Secondary data can be in the form of primary, secondary or tertiary legal materials, such as positive legal provisions that apply in Indonesia relating to law enforcement against perpetrators of illegal coal mining crimes, and data obtained from research results obtained directly on the object. research, literature, is carried out with research that is literature in nature to search for, find and use materials regarding conceptions, theories, or expert opinions related to the problems that are the object of research, such as Primary Law materials, the Criminal Code, the Mining Law No. 3 of 2020, secondary and tertiary law materials, namely dictionaries and magazines that discuss the object of research.

PAJAK PENGHASILAN BAGI OVER-THE-TOP DI INDONESIA: SEBUAH PELUANG DAN TANTANGAN

Over-the-Top (OTT) is a form of information technology innovation that is growing very rapidly, including in Indonesia as one of the largest OTT market country. OTT can earn income from users in Indonesia, while the right to tax this income cannot be imposed in Indonesia because OTT generally operates across national borders and does not have a permanent establishment in Indonesia. Therefore, it is necessary to consider income tax arrangements for OTT operating in Indonesia to provide legal certainty. This paper focuses on discussing the positive legal provisions of Income Tax that apply to OTT operating in Indonesia and the implementation of each of these regulations in the current era of economic digitalization. The author uses a normative juridical research method with a qualitative research approach. Based on this research, it is known that the provision of Income Tax for OTT does not yet exist, therefore the Government of Indonesia needs to design a national tax law that is able to accommodate income tax for OTT.