Pub Date : 2019-02-28DOI: 10.26555/novelty.v10i1.a12980
N. Hidayah, Sholahuddin Al-Fatih
Introduction to The Problem: The rapid flow of globalization has brought indigenous peoples to prolonged horizontal and vertical conflicts. The majority of conflicts triggered by who has the right to own the land and functionalize it. The land that belongs to indigenous peoples and it inherited from generation to generation, suddenly taken by investors and it even supported by the government. The indigenous people are often victimized and forced out from their customary lands. They who try to claim the rights sometimes experience obstacles because of the stronger and dominant government position in the court. One of these conflicts occurred in the Dayak community in Central Borneo Province. Purpose/Objective Study: This study aims to determine the problems experienced by indigenous peoples in Central Borneo Province, as well as to find out the mechanism for establishing a legal protection system in order to provide recognition and strengthening ownership of customary land in the Central Borneo Province. Design/Methodology/Approach: This study uses normative research methods, with statute approaches and conceptual approaches. Findings: there are serious problems experienced by indigenous people in Central Borneo Province, related to customary land in their territory. However, there are legal safeguards that can be carried out through formal and administrative land recognition.
{"title":"Recognition and Strengthening the Customary Land Ownership in Central Borneo Province","authors":"N. Hidayah, Sholahuddin Al-Fatih","doi":"10.26555/novelty.v10i1.a12980","DOIUrl":"https://doi.org/10.26555/novelty.v10i1.a12980","url":null,"abstract":"Introduction to The Problem: The rapid flow of globalization has brought indigenous peoples to prolonged horizontal and vertical conflicts. The majority of conflicts triggered by who has the right to own the land and functionalize it. The land that belongs to indigenous peoples and it inherited from generation to generation, suddenly taken by investors and it even supported by the government. The indigenous people are often victimized and forced out from their customary lands. They who try to claim the rights sometimes experience obstacles because of the stronger and dominant government position in the court. One of these conflicts occurred in the Dayak community in Central Borneo Province. Purpose/Objective Study: This study aims to determine the problems experienced by indigenous peoples in Central Borneo Province, as well as to find out the mechanism for establishing a legal protection system in order to provide recognition and strengthening ownership of customary land in the Central Borneo Province. Design/Methodology/Approach: This study uses normative research methods, with statute approaches and conceptual approaches. Findings: there are serious problems experienced by indigenous people in Central Borneo Province, related to customary land in their territory. However, there are legal safeguards that can be carried out through formal and administrative land recognition.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43972345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.26555/NOVELTY.V10I1.A12735
Addinul Haq Yaqub, A. Kadir, Muhammad Naufal Ali Syafi'i
Introduction to The Problem: The liberalization of the banking sector as an implication of Act No. 10 of 1998 regarding amendment of Act No. 7 of 1992 concerning Banking comes into force. In a state, banking has become one of the most crucial sectors in economic matters. Its role is to stimulate the economic growth in the state, according to Mohammad Hatta, the bank is the principle of improvement in the society if a bank does not exist then there will be no improvement like nowadays. Purpose/Objective study: The research aims to describe and examines issues of the Effect of Foreign Capital Restrictions in the Indonesian Banking Sector in a legal, economic, and political perspective. The study looked from the Conception of Welfare State and the Political Strategy of the Law of Economic Development In the case of Foreign Capital Restrictions in the Indonesian Banking Sector to compete globally. Methodology/Approach: This legal writing is normative juridical research that uses a statute approach and a historical approach to be able to provide solutions to existing legal issues. Findings: The results of the analysis show that the Politics of the law of foreign investment in the banking sector must be referred to Banking Act of 1992 in Article 22-26 before anything happens that endangers the interests of the nation and the State. Also, it needs for regulations from Bank Indonesia to leverage foreign capital in the banking sector that will directly improve the economy in the real sector, in order to anticipate the impact of foreign capital ownership in the future of Indonesian banks.
{"title":"Limitation of Foreign Investment in the Banking Sector in Indonesia","authors":"Addinul Haq Yaqub, A. Kadir, Muhammad Naufal Ali Syafi'i","doi":"10.26555/NOVELTY.V10I1.A12735","DOIUrl":"https://doi.org/10.26555/NOVELTY.V10I1.A12735","url":null,"abstract":"Introduction to The Problem: The liberalization of the banking sector as an implication of Act No. 10 of 1998 regarding amendment of Act No. 7 of 1992 concerning Banking comes into force. In a state, banking has become one of the most crucial sectors in economic matters. Its role is to stimulate the economic growth in the state, according to Mohammad Hatta, the bank is the principle of improvement in the society if a bank does not exist then there will be no improvement like nowadays. Purpose/Objective study: The research aims to describe and examines issues of the Effect of Foreign Capital Restrictions in the Indonesian Banking Sector in a legal, economic, and political perspective. The study looked from the Conception of Welfare State and the Political Strategy of the Law of Economic Development In the case of Foreign Capital Restrictions in the Indonesian Banking Sector to compete globally. Methodology/Approach: This legal writing is normative juridical research that uses a statute approach and a historical approach to be able to provide solutions to existing legal issues. Findings: The results of the analysis show that the Politics of the law of foreign investment in the banking sector must be referred to Banking Act of 1992 in Article 22-26 before anything happens that endangers the interests of the nation and the State. Also, it needs for regulations from Bank Indonesia to leverage foreign capital in the banking sector that will directly improve the economy in the real sector, in order to anticipate the impact of foreign capital ownership in the future of Indonesian banks.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47997555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.26555/NOVELTY.V10I1.A13624
M. Jibril, Alexandra Geradina Maretta
Introduction to The Problem: Resettlement/Shelter is one of the basic human needs and plays a strategic role as the formation of character as well as national personality. However, there is still a problem concerning the availability of public housing in Indonesia. The root of this problem is because people are free to transfer their ownership over their public housing, which leads to the escalation of public housing price. One of the situations where an escalation of public housing price occurred and inaccurate-ownership is in Kalibata City. Kalibata City was supposed to be public housing, but in the present, it 3is occupied by upper-middle-income families as well as an investor. Purpose/Objective Study: The purpose of this research article is to observe, analyze, and criticize the transfer of public housing ownership in Indonesia and provide a comparison with the Community Land Trust in the United States of America. Design/Methodology/Approach: The research method employed in this research article is normative research method, whereas the types of data utilized are literature studies. The literature studies comprise of various sources in the form of laws, books, and journals related to public housing. The data is analyzed by employing a qualitative method and presented descriptively. Findings: The result of this research article indicates that the Government Regulation which is a follow-up to Article 55 paragraph (5) Law Number 1 of 2011 regarding Housing and Resettlement Area which mandates to regulate further related to the appointment and establishment of the institution has not been formed yet. Furthermore, to realize intergenerational justice, the transfer institution must be burdened with specific duties.
{"title":"Transfer Control of Public Housing Ownership in Indonesia","authors":"M. Jibril, Alexandra Geradina Maretta","doi":"10.26555/NOVELTY.V10I1.A13624","DOIUrl":"https://doi.org/10.26555/NOVELTY.V10I1.A13624","url":null,"abstract":"Introduction to The Problem: Resettlement/Shelter is one of the basic human needs and plays a strategic role as the formation of character as well as national personality. However, there is still a problem concerning the availability of public housing in Indonesia. The root of this problem is because people are free to transfer their ownership over their public housing, which leads to the escalation of public housing price. One of the situations where an escalation of public housing price occurred and inaccurate-ownership is in Kalibata City. Kalibata City was supposed to be public housing, but in the present, it 3is occupied by upper-middle-income families as well as an investor. Purpose/Objective Study: The purpose of this research article is to observe, analyze, and criticize the transfer of public housing ownership in Indonesia and provide a comparison with the Community Land Trust in the United States of America. Design/Methodology/Approach: The research method employed in this research article is normative research method, whereas the types of data utilized are literature studies. The literature studies comprise of various sources in the form of laws, books, and journals related to public housing. The data is analyzed by employing a qualitative method and presented descriptively. Findings: The result of this research article indicates that the Government Regulation which is a follow-up to Article 55 paragraph (5) Law Number 1 of 2011 regarding Housing and Resettlement Area which mandates to regulate further related to the appointment and establishment of the institution has not been formed yet. Furthermore, to realize intergenerational justice, the transfer institution must be burdened with specific duties.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45803208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.26555/NOVELTY.V10I1.A13561
Hablana Rizka Achmadi, A. Savitri, Adhe Puspawari Hardhany, Ayu Rini Tirtasari Haryono, Muh. Danny Wirawan
Introduction to The Problem: National park is a conservation area which has the most advanced management system compared to forest park, Nature Park, nature reserves, and wildlife reserves. The national park is becoming the area that can anticipate the hunt and to prevent the extinction of protected animals. One of the largest national parks in East Java is Bromo Tengger Semeru. Around the park, there lived a Tengger tribe whose role is to maintain the conservation areas. Purpose/Objective Study: The purpose is to determine the response on illegal hunting conducted by people around Bromo Tengger Semeru National Park and to determine the factors supporting the illegal hunting prevention in Bromo Tengger Semeru National Park. Design/Methodology/Approach: The type of this study is sociological law study using qualitative methodology — the data collected through observation, interviews, and literature. Findings: The results show that the way the Tengger tribe prevent illegal hunting is by doing spiritual guidance. While the supporting factors in preventing illegal hunting is the law and legal custom owned by Tengger tribe, thus the customary law applied by Tengger tribe is more effective than national law.
{"title":"Illegal Hunting Prevention by Indigenous People in Bromo Tengger Semeru National Park","authors":"Hablana Rizka Achmadi, A. Savitri, Adhe Puspawari Hardhany, Ayu Rini Tirtasari Haryono, Muh. Danny Wirawan","doi":"10.26555/NOVELTY.V10I1.A13561","DOIUrl":"https://doi.org/10.26555/NOVELTY.V10I1.A13561","url":null,"abstract":"Introduction to The Problem: National park is a conservation area which has the most advanced management system compared to forest park, Nature Park, nature reserves, and wildlife reserves. The national park is becoming the area that can anticipate the hunt and to prevent the extinction of protected animals. One of the largest national parks in East Java is Bromo Tengger Semeru. Around the park, there lived a Tengger tribe whose role is to maintain the conservation areas. Purpose/Objective Study: The purpose is to determine the response on illegal hunting conducted by people around Bromo Tengger Semeru National Park and to determine the factors supporting the illegal hunting prevention in Bromo Tengger Semeru National Park. Design/Methodology/Approach: The type of this study is sociological law study using qualitative methodology — the data collected through observation, interviews, and literature. Findings: The results show that the way the Tengger tribe prevent illegal hunting is by doing spiritual guidance. While the supporting factors in preventing illegal hunting is the law and legal custom owned by Tengger tribe, thus the customary law applied by Tengger tribe is more effective than national law.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45791831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.26555/NOVELTY.V10I1.A12704
Ayuk Hardani
Introduction to The Problem: The execution of the Administrative Court’s decisions seems floating, and there is no final settlement. The implementation of the decision of the State Administrative judge is entirely left to the awareness of the administration official or institution. The problem is that the officials are lack of awareness due to the less supervision by a higher institution like the House of Representatives. Purpose/Objective Study: This article aims to find out the execution to carry out the Administrative court and Administrative court decisions that can provide a sense of justice and legal certainty to the public. Design/Methodology/Approach: The study in this article uses a doctrinal approach with secondary data sourced from books and journals, and is presented using a qualitative method. Findings: The study showed that the execution of the court’s decision only emphasizes the sense of self-respect and legal awareness of the Administrative officials and there has been no application of forced efforts against Administrative officials if they do not implement it. Administrative actions must be following the principles of a legal constitution dominated by the norms of public policy to prevent acts of abuse of authority from higher powers.
{"title":"The Execution of the Administrative Court’s Decision; Looking for Its Justice and Legal Certainty","authors":"Ayuk Hardani","doi":"10.26555/NOVELTY.V10I1.A12704","DOIUrl":"https://doi.org/10.26555/NOVELTY.V10I1.A12704","url":null,"abstract":"Introduction to The Problem: The execution of the Administrative Court’s decisions seems floating, and there is no final settlement. The implementation of the decision of the State Administrative judge is entirely left to the awareness of the administration official or institution. The problem is that the officials are lack of awareness due to the less supervision by a higher institution like the House of Representatives. Purpose/Objective Study: This article aims to find out the execution to carry out the Administrative court and Administrative court decisions that can provide a sense of justice and legal certainty to the public. Design/Methodology/Approach: The study in this article uses a doctrinal approach with secondary data sourced from books and journals, and is presented using a qualitative method. Findings: The study showed that the execution of the court’s decision only emphasizes the sense of self-respect and legal awareness of the Administrative officials and there has been no application of forced efforts against Administrative officials if they do not implement it. Administrative actions must be following the principles of a legal constitution dominated by the norms of public policy to prevent acts of abuse of authority from higher powers.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47786501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-31DOI: 10.26555/NOVELTY.V9I2.A11263
Anggun Paramarta
As a way of seeking justice, the judicial mafia is an outlaw action in the criminal justice process. Thus, it leads to judicial failure that damages the independence and impartiality of the court. That is because legal engineering carried out by judicial mafia syndicate violates the principles of due process of law in the criminal justice process. The current criminal justice process shows the blurring orientation of law enforcers in an effort to uphold the law and justice where the main purpose of litigation is not to uphold the law and justice, but to winning the cases. Therefore, it is necessary to overcome judicial mafia practices in the criminal justice system. The author uses normative juridical research method. The results of the study show that the cause of the flourishing judicial mafia in Indonesia’s criminal justice system is because law enforcement officers are not able to uphold their oaths of office. Therefore, overcoming judicial mafia practices can be done by penal or non-penal.
{"title":"Judicial Mafia in Criminal Justice System and Its Countermeasure","authors":"Anggun Paramarta","doi":"10.26555/NOVELTY.V9I2.A11263","DOIUrl":"https://doi.org/10.26555/NOVELTY.V9I2.A11263","url":null,"abstract":"As a way of seeking justice, the judicial mafia is an outlaw action in the criminal justice process. Thus, it leads to judicial failure that damages the independence and impartiality of the court. That is because legal engineering carried out by judicial mafia syndicate violates the principles of due process of law in the criminal justice process. The current criminal justice process shows the blurring orientation of law enforcers in an effort to uphold the law and justice where the main purpose of litigation is not to uphold the law and justice, but to winning the cases. Therefore, it is necessary to overcome judicial mafia practices in the criminal justice system. The author uses normative juridical research method. The results of the study show that the cause of the flourishing judicial mafia in Indonesia’s criminal justice system is because law enforcement officers are not able to uphold their oaths of office. Therefore, overcoming judicial mafia practices can be done by penal or non-penal.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49493552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-31DOI: 10.26555/NOVELTY.V9I2.A11387
Tri Akhmad Aji Saputra, E. Soponyono
Children are frequently victims of misconduct regarding the current widespread sexual abuse perpetrated by elders who are usually known by them, it is called pedophiles. Criminology reviews, therefore, are very crucial to analyze the crime. Pedophilia is a psychiatric disorder in which an adult experiences a primary or exclusive sexual attraction to pre-pubescent children, the cut-off point for pre-pubertal to age 13. The disorder results in sexual abuse, including Nepiophilia or Infantophilia that is sexual attraction to infants under 3 years old. Pedophiles, then, are adults of deviant sexual behavior abusing children. This study is aimed to examine and analyze criminology reviews for prevention of pedophile crime. It is normative juridical approach (statute approach), the conceptual and the comparative one. The factors of committing pedophilia are internal of the personal perpetrator, and external in which the community vastly influences on committing the crime and to shape how someone becomes a bad person or good one. Thus, to overcome the crime is to carry out pre-emptive, preventive, repressive and rehabilitative methods. In addition, one of child protection policies to anticipate child sexual abuse increase including pedophiles, the Government issued a regulation (Perpu) No. 1 of 2016 on the second amendment of Act No. 23 of 2002 of the children protection. The Government Regulation (Perpu) No. 1 then is legislated as Act 17 of 2016. Based on comparative studies of other countries, there is a voluntarily castration in which the perpetrators must be ready to be emasculated, aimed to reduce or suppress their libido. Yet, Indonesia values emphasizing Pancasila (Five Principles) must be referred: just and civilized humanity (humanism).
{"title":"Criminology Study on Pedophilia Prevention in Inonesia","authors":"Tri Akhmad Aji Saputra, E. Soponyono","doi":"10.26555/NOVELTY.V9I2.A11387","DOIUrl":"https://doi.org/10.26555/NOVELTY.V9I2.A11387","url":null,"abstract":"Children are frequently victims of misconduct regarding the current widespread sexual abuse perpetrated by elders who are usually known by them, it is called pedophiles. Criminology reviews, therefore, are very crucial to analyze the crime. Pedophilia is a psychiatric disorder in which an adult experiences a primary or exclusive sexual attraction to pre-pubescent children, the cut-off point for pre-pubertal to age 13. The disorder results in sexual abuse, including Nepiophilia or Infantophilia that is sexual attraction to infants under 3 years old. Pedophiles, then, are adults of deviant sexual behavior abusing children. This study is aimed to examine and analyze criminology reviews for prevention of pedophile crime. It is normative juridical approach (statute approach), the conceptual and the comparative one. The factors of committing pedophilia are internal of the personal perpetrator, and external in which the community vastly influences on committing the crime and to shape how someone becomes a bad person or good one. Thus, to overcome the crime is to carry out pre-emptive, preventive, repressive and rehabilitative methods. In addition, one of child protection policies to anticipate child sexual abuse increase including pedophiles, the Government issued a regulation (Perpu) No. 1 of 2016 on the second amendment of Act No. 23 of 2002 of the children protection. The Government Regulation (Perpu) No. 1 then is legislated as Act 17 of 2016. Based on comparative studies of other countries, there is a voluntarily castration in which the perpetrators must be ready to be emasculated, aimed to reduce or suppress their libido. Yet, Indonesia values emphasizing Pancasila (Five Principles) must be referred: just and civilized humanity (humanism).","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45927718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-31DOI: 10.26555/NOVELTY.V9I2.A11338
Salsabila Khairunnisa
The development of technology is needed and cannot be separated from patent protection between WIPO’s (World Intellectual Property Organization) member like Indonesia and Japan. This study discusses Indonesian patent protection law and its comparison toward invention between Indonesia and Japan. The study done through normative research methodology and analysed it comparatively. Indonesia has regulated the patent protection in Act Number 13 of 2016. The scopes are patent, simple patent, and also the period of patent protection for 20 years, while regular patent protected for only 10 years. Japan has arranged the patent protection in Japan Patent Act 21/1959 and it covers the patent and utility model. The time period for the patent protection is 20 years and for utility models is 6 years. The two countries have used common principle that is ‘first to file’. Both nations have also required the same requirements which are the novelty of the invention, the beneficial of the product, and the invention steps. Litigation and non-litigation are the doors to resolve patent dispute.
{"title":"Patent Legal Protection On Invention (Comparation Study Between Indonesia and Japan)","authors":"Salsabila Khairunnisa","doi":"10.26555/NOVELTY.V9I2.A11338","DOIUrl":"https://doi.org/10.26555/NOVELTY.V9I2.A11338","url":null,"abstract":"The development of technology is needed and cannot be separated from patent protection between WIPO’s (World Intellectual Property Organization) member like Indonesia and Japan. This study discusses Indonesian patent protection law and its comparison toward invention between Indonesia and Japan. The study done through normative research methodology and analysed it comparatively. Indonesia has regulated the patent protection in Act Number 13 of 2016. The scopes are patent, simple patent, and also the period of patent protection for 20 years, while regular patent protected for only 10 years. Japan has arranged the patent protection in Japan Patent Act 21/1959 and it covers the patent and utility model. The time period for the patent protection is 20 years and for utility models is 6 years. The two countries have used common principle that is ‘first to file’. Both nations have also required the same requirements which are the novelty of the invention, the beneficial of the product, and the invention steps. Litigation and non-litigation are the doors to resolve patent dispute.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47842037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-31DOI: 10.26555/novelty.v9i2.a11517
Sarip Sarip
The state of Pancasila law is a tool for people who have the power to regulate human relations in society and regulate the symptoms of power in society. As a country with the largest Muslim population in the world, Indonesia does not make Islam its legal basis. The Islamic Nomocracy and its values are embedded in the state of Pancasila law, as well as manifestation of democracy itself. Through these hyphoteses, the writer tries to find a common flateform between Pancasila and the Islamic Nomocracy in the formation of Indonesian democracy. This classic problem requires special attention, because the debate always triggers reactions and actions. Islam as a religion with complex system of living is believed to be a powerful mechanism in dealing with various life problems encountered. The Shari’ah consists of a combination of pre-Islamic customs and habits with principles and laws originated from the Qur’an and authentic prophetic tradition. Islamic scholars try to form Islamic teachings as ethical and national policies. Even so, the principle of the Pancasila state was accepted as final, at least there were Islamic nomocracy values embedded in the Pancasila while at the same time they contributed to build Indonesia’s democracy as a modern country. The theological values in the Pancasila and islamic nomocracy should not be a mere formal rule, but should address the substance of democracy in Indonesia. The rule of law must be supported by a democratic system because there is a clear correlation between the rule of law which relies on the constitution, and the sovereignty of the people which is carried out through a democratic system. In a democratic system, people’s participation is the essence of this system. However, democracy without legal regulation will lose form and direction, while law without democracy will lose meaning.
{"title":"The Manifestation of Indonesian Democracy; Between Pancasila State of Law and Islamic Nomocracy","authors":"Sarip Sarip","doi":"10.26555/novelty.v9i2.a11517","DOIUrl":"https://doi.org/10.26555/novelty.v9i2.a11517","url":null,"abstract":"The state of Pancasila law is a tool for people who have the power to regulate human relations in society and regulate the symptoms of power in society. As a country with the largest Muslim population in the world, Indonesia does not make Islam its legal basis. The Islamic Nomocracy and its values are embedded in the state of Pancasila law, as well as manifestation of democracy itself. Through these hyphoteses, the writer tries to find a common flateform between Pancasila and the Islamic Nomocracy in the formation of Indonesian democracy. This classic problem requires special attention, because the debate always triggers reactions and actions. Islam as a religion with complex system of living is believed to be a powerful mechanism in dealing with various life problems encountered. The Shari’ah consists of a combination of pre-Islamic customs and habits with principles and laws originated from the Qur’an and authentic prophetic tradition. Islamic scholars try to form Islamic teachings as ethical and national policies. Even so, the principle of the Pancasila state was accepted as final, at least there were Islamic nomocracy values embedded in the Pancasila while at the same time they contributed to build Indonesia’s democracy as a modern country. The theological values in the Pancasila and islamic nomocracy should not be a mere formal rule, but should address the substance of democracy in Indonesia. The rule of law must be supported by a democratic system because there is a clear correlation between the rule of law which relies on the constitution, and the sovereignty of the people which is carried out through a democratic system. In a democratic system, people’s participation is the essence of this system. However, democracy without legal regulation will lose form and direction, while law without democracy will lose meaning.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43508878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-31DOI: 10.26555/NOVELTY.V9I2.A11261
Melia Septiana Ketaren
Corporate crime in the field of copyright continues to grow following the economic development of a nation’s society. Therefore, the application of criminal law, starting from prevention efforts through administrative legislation, criminalization, and law enforcement efforts, must always receive serious attention. Copyright is an exclusive right for the creator or recipient of the right to announce and/or reproduce his creation or give permission for it by not reducing restrictions according to the applicable laws and regulations. The granting of criminal sanctions to corporate administrators who commit copyright crimes will not give deterrent effects to the corporation, because the loss of one and/or several employees who undergo criminal sanctions can be easily replaced by anyone and at any time. The method used in this study is Normative Jurisdiction. The results of the study show that corporations in copyright infringement must be prosecuted criminally, because the losses are very large, have multi-dimensional consequences, ranging from losses to the state, the wider community of owners or copyright holders, and create frustration that weakens the spirit of creativity. Kata Kunci: Pertanggungjawaban Korporasi, Hak Cipta .
版权领域的法人犯罪随着一个国家社会经济的发展而不断增长。因此，刑法的适用必须始终受到重视，从行政立法、刑事定罪和执法工作的预防工作开始。版权是创作者或权利接受者宣布和/或复制其创作或根据适用的法律法规不减少限制地给予许可的专有权。对犯下版权罪行的公司行政人员给予刑事制裁不会对公司产生威慑作用，因为受到刑事制裁的一名或几名雇员的损失可以很容易地被任何人随时取代。本研究使用的方法是规范管辖权。研究结果表明，侵犯版权的企业必须受到刑事起诉，因为损失非常大，具有多维度的后果，从损失到国家，更广泛的所有者或版权所有者社区，并造成挫败感，削弱了创造力的精神。Kata Kunci: Pertanggungjawaban Korporasi, Hak Cipta。
{"title":"Corporate Liability On Copyright","authors":"Melia Septiana Ketaren","doi":"10.26555/NOVELTY.V9I2.A11261","DOIUrl":"https://doi.org/10.26555/NOVELTY.V9I2.A11261","url":null,"abstract":"Corporate crime in the field of copyright continues to grow following the economic development of a nation’s society. Therefore, the application of criminal law, starting from prevention efforts through administrative legislation, criminalization, and law enforcement efforts, must always receive serious attention. Copyright is an exclusive right for the creator or recipient of the right to announce and/or reproduce his creation or give permission for it by not reducing restrictions according to the applicable laws and regulations. The granting of criminal sanctions to corporate administrators who commit copyright crimes will not give deterrent effects to the corporation, because the loss of one and/or several employees who undergo criminal sanctions can be easily replaced by anyone and at any time. The method used in this study is Normative Jurisdiction. The results of the study show that corporations in copyright infringement must be prosecuted criminally, because the losses are very large, have multi-dimensional consequences, ranging from losses to the state, the wider community of owners or copyright holders, and create frustration that weakens the spirit of creativity. Kata Kunci: Pertanggungjawaban Korporasi, Hak Cipta .","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42591350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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