Pub Date : 2023-09-07DOI: 10.26532/jph.v10i2.30673
Made Jayantara, I. G. A. Kurniawan, Putu Aras Samsithawrati
The purpose of this study is to analyze the implications of the concept of Unjust Enrichment in the realm of intellectual property rights and the orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights from a prophetic law perspective. This research is a normative legal research using a case, concept, and statutory approach. The results of the study state that the implication of the concept of Unjust Enrichment in the realm of intellectual property rights is intended to protect creators of works or holders of intellectual property rights, especially in fulfilling economic rights. The orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights in the perspective of prophetic law is that the Supreme Court Decision which becomes jurisprudence must be a guide and guide for judges in resolving cases related to Unjust Enrichment in the realm of intellectual property rights. The main finding in this study is that three aspects of prophetic law, namely liberation, humanization, and transcendence are three aspects that must be met and considered in the application of the concept of Unjust Enrichment in all rules related to intellectual property rights, including the formulation of sanctions as well as legal remedies that can be taken if there is a loss suffered by the holder of intellectual property rights.
{"title":"THE “UNJUST ENRICHMENT†IN INTELLECTUAL PROPERTY RIGHTS: A PROPHETIC LEGAL PARADIGM","authors":"Made Jayantara, I. G. A. Kurniawan, Putu Aras Samsithawrati","doi":"10.26532/jph.v10i2.30673","DOIUrl":"https://doi.org/10.26532/jph.v10i2.30673","url":null,"abstract":"The purpose of this study is to analyze the implications of the concept of Unjust Enrichment in the realm of intellectual property rights and the orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights from a prophetic law perspective. This research is a normative legal research using a case, concept, and statutory approach. The results of the study state that the implication of the concept of Unjust Enrichment in the realm of intellectual property rights is intended to protect creators of works or holders of intellectual property rights, especially in fulfilling economic rights. The orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights in the perspective of prophetic law is that the Supreme Court Decision which becomes jurisprudence must be a guide and guide for judges in resolving cases related to Unjust Enrichment in the realm of intellectual property rights. The main finding in this study is that three aspects of prophetic law, namely liberation, humanization, and transcendence are three aspects that must be met and considered in the application of the concept of Unjust Enrichment in all rules related to intellectual property rights, including the formulation of sanctions as well as legal remedies that can be taken if there is a loss suffered by the holder of intellectual property rights.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139341934","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 : 2023-08-31DOI: 10.26532/jph.v10i2.33355
Tajuddin Noor
Franchising as a business concept regarding the granting of the use of intellectual property rights and operational activity systems by franchisors to franchisees is a legal relationship between franchisors and franchisees regulated in a franchise agreement. The purpose of this research is to analyze the Regulations regarding franchising in Indonesia and Regulations regarding franchising in other countries to compare arrangements between Indonesia and other countries. This legal research uses normative juridical research methods. The approach used is a comparative approach that involves researcher activities that begin with identifying the effect of one variable on another. franchise is a relationship based on a contract between the franchisor and the franchisee. Franchisees operate using trade names, formats, or procedures owned and controlled by the franchisor. Legal regulations in other countries often provide global trademark protection, allowing trademark owners to protect their trademarks in several countries. In Indonesian legislation, the legal protection of franchises is limited to the territory of the Republic of Indonesia.
{"title":"THE COMPARATIVE LAW OF FRANCHISE AGREEMENTS IN REALIZING PROTECTION BETWEEN PARTIES","authors":"Tajuddin Noor","doi":"10.26532/jph.v10i2.33355","DOIUrl":"https://doi.org/10.26532/jph.v10i2.33355","url":null,"abstract":"Franchising as a business concept regarding the granting of the use of intellectual property rights and operational activity systems by franchisors to franchisees is a legal relationship between franchisors and franchisees regulated in a franchise agreement. The purpose of this research is to analyze the Regulations regarding franchising in Indonesia and Regulations regarding franchising in other countries to compare arrangements between Indonesia and other countries. This legal research uses normative juridical research methods. The approach used is a comparative approach that involves researcher activities that begin with identifying the effect of one variable on another. franchise is a relationship based on a contract between the franchisor and the franchisee. Franchisees operate using trade names, formats, or procedures owned and controlled by the franchisor. Legal regulations in other countries often provide global trademark protection, allowing trademark owners to protect their trademarks in several countries. In Indonesian legislation, the legal protection of franchises is limited to the territory of the Republic of Indonesia.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139347218","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 : 2023-08-30DOI: 10.26532/jph.v10i2.33463
Mas Rara Tri Retno Herryani, Alwan Hadiyanto, Mas Subagyo Eko Prasetyo, Agus Saepul Alam
The purpose of this study is to determine the factors causing the lack of protection of advocates' immunity rights in the criminal justice process, and to analyze the future protection of advocates' immunity rights in the criminal justice system. The approach method used in this research is empirical juridical method. In the future advocate immunity rights can be used adversarial system. Where the in-adversarial system can be subject to immunity. That the judge here is only a jury between the advocate and the public prosecutor who is trying to prove the charges and charges filed at trial. if there is a violation of the code of ethics, for example an Advocate is attacked or criminalized by the opposing party, then with this advesari system the advocate can prove that what an Advocate does is in accordance with the procedures and rules of law that apply is a system that is a legal umbrella for an Advocate where the Advocate can prove what he does in carrying out his profession in accordance with the law.
{"title":"THE ADVOCATES' IMMUNITY RIGHTS IN INDONESIA'S CRIMINAL JUSTICE SYSTEM","authors":"Mas Rara Tri Retno Herryani, Alwan Hadiyanto, Mas Subagyo Eko Prasetyo, Agus Saepul Alam","doi":"10.26532/jph.v10i2.33463","DOIUrl":"https://doi.org/10.26532/jph.v10i2.33463","url":null,"abstract":"The purpose of this study is to determine the factors causing the lack of protection of advocates' immunity rights in the criminal justice process, and to analyze the future protection of advocates' immunity rights in the criminal justice system. The approach method used in this research is empirical juridical method. In the future advocate immunity rights can be used adversarial system. Where the in-adversarial system can be subject to immunity. That the judge here is only a jury between the advocate and the public prosecutor who is trying to prove the charges and charges filed at trial. if there is a violation of the code of ethics, for example an Advocate is attacked or criminalized by the opposing party, then with this advesari system the advocate can prove that what an Advocate does is in accordance with the procedures and rules of law that apply is a system that is a legal umbrella for an Advocate where the Advocate can prove what he does in carrying out his profession in accordance with the law.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"74 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348000","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 : 2023-08-30DOI: 10.26532/jph.v10i2.32626
Amrar Mahfuzh Faza, Asmuni Asmuni, Zainul Fuad
This research examines the principles of Islamic legal thought of Jamal al-Banna with the aim of knowing the relevance of the principles of Islamic legal thought to the principles of religious moderation in Indonesia. The purpose of this research is to analyze the Intellectual Biography of Jamal al-Banna and the Principles of Islamic Legal Thought of Jamal al-Banna Relevant to the Principles of Religious Moderation in Indonesia. This research is a doctrinal Islamic law research using historical (historical) content analysis approach. The primary data source for this research is the work of Jamal al-Banna himself namely Naḥwa Fiqh Jadîd and the book Religious moderation authored by Research and Development Team of the Ministry of Religion of the Republic of Indonesia.This research is also supported by secondary sources in the form of works related to the topic of study. Religious moderation is actually the essence and substance of religious teachings which are not exaggerated at all, either in perspective or attitude. This study concludes There are 2 (two) textually the principles of Islamic legal thought of Jamal al-Banna that are relevant to religious moderation in Indonesia, namely: justice and tolerance. As for substantially there are also 2 (two), namely: the value of the principle of "facilitating" is the same as Tawassut and compassion is the same as the principle of equality (musawah/egalitarian).
{"title":"THE RELEVANCE OF JAMAL AL-BANNA ISLAMIC LEGAL THOUGHT IN RELIGIOUS MODERATION","authors":"Amrar Mahfuzh Faza, Asmuni Asmuni, Zainul Fuad","doi":"10.26532/jph.v10i2.32626","DOIUrl":"https://doi.org/10.26532/jph.v10i2.32626","url":null,"abstract":"This research examines the principles of Islamic legal thought of Jamal al-Banna with the aim of knowing the relevance of the principles of Islamic legal thought to the principles of religious moderation in Indonesia. The purpose of this research is to analyze the Intellectual Biography of Jamal al-Banna and the Principles of Islamic Legal Thought of Jamal al-Banna Relevant to the Principles of Religious Moderation in Indonesia. This research is a doctrinal Islamic law research using historical (historical) content analysis approach. The primary data source for this research is the work of Jamal al-Banna himself namely Naḥwa Fiqh Jadîd and the book Religious moderation authored by Research and Development Team of the Ministry of Religion of the Republic of Indonesia.This research is also supported by secondary sources in the form of works related to the topic of study. Religious moderation is actually the essence and substance of religious teachings which are not exaggerated at all, either in perspective or attitude. This study concludes There are 2 (two) textually the principles of Islamic legal thought of Jamal al-Banna that are relevant to religious moderation in Indonesia, namely: justice and tolerance. As for substantially there are also 2 (two), namely: the value of the principle of \"facilitating\" is the same as Tawassut and compassion is the same as the principle of equality (musawah/egalitarian).","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348355","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 : 2023-08-26DOI: 10.26532/jph.v10i2.31329
Siti Humulhaer
The law enforcement in eradicating criminal acts of corruption must synergize with other institutions so as to create harmonization between law enforcers so as to create legal certainty and justice for all parties. This study uses qualitative research methods that use various sources such as laws and regulations, books and scientific articles which are analyzed using the literary method. The results and discussion of this study are that in terms of the direction of eradicating corruption in the future, laws and regulations regarding law enforcement officials must be harmonized in carrying out their investigative duties and functions. To find out the extent of the effectiveness of the law, the first thing that can be measured is "the extent to which the rule of law is complied with or not complied with", especially by law enforcers.
{"title":"THE HARMONIZATION OF LAW ENFORCEMENT IN THE ERADICATION OF CRIMINAL ACTS OF CORRUPTION","authors":"Siti Humulhaer","doi":"10.26532/jph.v10i2.31329","DOIUrl":"https://doi.org/10.26532/jph.v10i2.31329","url":null,"abstract":"The law enforcement in eradicating criminal acts of corruption must synergize with other institutions so as to create harmonization between law enforcers so as to create legal certainty and justice for all parties. This study uses qualitative research methods that use various sources such as laws and regulations, books and scientific articles which are analyzed using the literary method. The results and discussion of this study are that in terms of the direction of eradicating corruption in the future, laws and regulations regarding law enforcement officials must be harmonized in carrying out their investigative duties and functions. To find out the extent of the effectiveness of the law, the first thing that can be measured is \"the extent to which the rule of law is complied with or not complied with\", especially by law enforcers.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348903","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 : 2023-08-20DOI: 10.26532/jph.v10i2.31429
Annie Myranika
The agreement is carried out by the agreement of both parties which has binding legal consequences and is valid according to law, if the parties do not comply with or violate the provisions agreed upon by both parties, a default arises. The issue that will be raised in this research is the settlement of evidence against default cases in court with parties of different nationalities based on judges' considerations in deciding default cases between parties of different nationalities, and the legal consequences of these defaults. This study aims to identify and analyze the settlement of defaults on differences in citizenship status from the perspective of international private law and the legal consequences of default. This research approach method uses qualitative research with primary data materials and secondary data materials which are analyzed using literature studies and normative juridical approaches that refer to applicable law.
{"title":"THE DISPUTES RESOLUTION AGAINST PARTIES OF DIFFERENT CITIZENSHIP","authors":"Annie Myranika","doi":"10.26532/jph.v10i2.31429","DOIUrl":"https://doi.org/10.26532/jph.v10i2.31429","url":null,"abstract":"The agreement is carried out by the agreement of both parties which has binding legal consequences and is valid according to law, if the parties do not comply with or violate the provisions agreed upon by both parties, a default arises. The issue that will be raised in this research is the settlement of evidence against default cases in court with parties of different nationalities based on judges' considerations in deciding default cases between parties of different nationalities, and the legal consequences of these defaults. This study aims to identify and analyze the settlement of defaults on differences in citizenship status from the perspective of international private law and the legal consequences of default. This research approach method uses qualitative research with primary data materials and secondary data materials which are analyzed using literature studies and normative juridical approaches that refer to applicable law.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"66 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349936","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 : 2023-05-10DOI: 10.26532/jph.v10i1.20019
Fifiana Wisnaeni, Kornelius Yosua Dimas Nugroho
This research aspires to know and analyze the political law of regional head elections in Indonesia in the midst of the COVID-19 pandemic. Next, the implications of COVID-19 are explored to determine its impact on the implementation of regional head elections and democracy in Indonesia. This study aims to analyze the political laws of regional head elections in Indonesia when the COVID-19 pandemic happened and explore the implications of the pandemic on regional head elections and democracy in Indonesia. This research used normative juridical method with specifications in the analytical descriptive investigation, secondary data was used to examine research data qualitatively. The study found that the rescheduled simultaneous regional elections during the COVID-19 pandemic were carried out in December 2020 while also applying stringent health protocols. The COVID-19 pandemic is believed not to have affected democracy in Indonesia since the process was carried out in a direct, open, public, secret, honest, and fair manner. this study also found that public participation in regional head elections amid the COVID-19 pandemic increased compared to previous years; voter turnout in 2015 was 69.35%, and the number increased to 74.89% in 2017. the participation further progressed to 76.09% in 2020 despite the happening pandemic.
{"title":"LEGAL POLITICS OF REGIONAL HEAD ELECTIONS DURING THE COVID-19 PANDEMIC: DO ANTAGONISTIC IMPLICATIONS?","authors":"Fifiana Wisnaeni, Kornelius Yosua Dimas Nugroho","doi":"10.26532/jph.v10i1.20019","DOIUrl":"https://doi.org/10.26532/jph.v10i1.20019","url":null,"abstract":"This research aspires to know and analyze the political law of regional head elections in Indonesia in the midst of the COVID-19 pandemic. Next, the implications of COVID-19 are explored to determine its impact on the implementation of regional head elections and democracy in Indonesia. This study aims to analyze the political laws of regional head elections in Indonesia when the COVID-19 pandemic happened and explore the implications of the pandemic on regional head elections and democracy in Indonesia. This research used normative juridical method with specifications in the analytical descriptive investigation, secondary data was used to examine research data qualitatively. The study found that the rescheduled simultaneous regional elections during the COVID-19 pandemic were carried out in December 2020 while also applying stringent health protocols. The COVID-19 pandemic is believed not to have affected democracy in Indonesia since the process was carried out in a direct, open, public, secret, honest, and fair manner. this study also found that public participation in regional head elections amid the COVID-19 pandemic increased compared to previous years; voter turnout in 2015 was 69.35%, and the number increased to 74.89% in 2017. the participation further progressed to 76.09% in 2020 despite the happening pandemic.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42422549","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 : 2023-04-30DOI: 10.26532/jph.v10i1.32138
Muhammet Ebuzer Ersoy
After two decades in power and more than a dozen elections, Turkey's authoritarian leader Recep Tayyip Erdogan knows how to work a room. At a taxi drivers' convention in Istanbul, they could not get enough of him. He controlled the crowd like the conductor of an orchestra. They cheered and clapped - and booed the opposition - on cue. The venue was a waterside convention centre in Istanbul, built during his time as mayor of the city. The rally reached a crescendo as the president delivered his parting shot: "One Nation, One Flag, One Motherland, One State." This research aims to know the political issue in Turkiye’s election from history of their modern nation and government regulation especially in the voting and choose the president. This study uses a sociological juridical approach, namely research based on normative law (regulations) as well as observing the workings of these regulations in society which make relationship with the political and international issue. The result show President Recep Tayyip Erdogan has won re-election according to the country's Supreme Election Council and unofficial data from the state-run Anadolu Agency. With 100 percent of ballot boxes opened in the run-off, Erdogan has 52.18 percent of the vote, and challenger Kemal Kilicdaroglu has 47.82 percent.
{"title":"POLITICAL MATTER IN HISTORICAL GOVERNMENT OF TURKIYE’s ELECTION","authors":"Muhammet Ebuzer Ersoy","doi":"10.26532/jph.v10i1.32138","DOIUrl":"https://doi.org/10.26532/jph.v10i1.32138","url":null,"abstract":"After two decades in power and more than a dozen elections, Turkey's authoritarian leader Recep Tayyip Erdogan knows how to work a room. At a taxi drivers' convention in Istanbul, they could not get enough of him. He controlled the crowd like the conductor of an orchestra. They cheered and clapped - and booed the opposition - on cue. The venue was a waterside convention centre in Istanbul, built during his time as mayor of the city. The rally reached a crescendo as the president delivered his parting shot: \"One Nation, One Flag, One Motherland, One State.\" This research aims to know the political issue in Turkiye’s election from history of their modern nation and government regulation especially in the voting and choose the president. This study uses a sociological juridical approach, namely research based on normative law (regulations) as well as observing the workings of these regulations in society which make relationship with the political and international issue. The result show President Recep Tayyip Erdogan has won re-election according to the country's Supreme Election Council and unofficial data from the state-run Anadolu Agency. With 100 percent of ballot boxes opened in the run-off, Erdogan has 52.18 percent of the vote, and challenger Kemal Kilicdaroglu has 47.82 percent.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47209946","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 : 2023-04-30DOI: 10.26532/jph.v10i1.30883
Lu Sudirman, H. Disemadi
This research explores the forms of intellectual property rights violations and their causes, which are examined using the Indonesian intellectual property rights legal framework, to then generate an overview of the legal reconstruction needed to protect existing intellectual property in Indonesian online marketplaces. This research used normative legal research method with comparative approach by analyzing the existing Indonesian IP legal framework and compare it with other countries that are more advanced in IPR protections. This research puts a great emphasis on legal problems and the criminal elements of the Indonesian intellectual property rights legal framework to explain the position of online marketplaces and their responsibilities to also support the protection of IP and the growth of e-commerce overall. This research finds that Indonesia is facing normative issues in defining the role of online marketplace in many IP infringement cases. This finding is important in the support for continued legal development in Indonesia, to provide better protection of many forms of intellectual property rights in Indonesian online marketplaces.
{"title":"THE ROLE OF INDONESIAN ONLINE MARKETPLACES IN INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS: A COMPARATIVE ANALYSIS","authors":"Lu Sudirman, H. Disemadi","doi":"10.26532/jph.v10i1.30883","DOIUrl":"https://doi.org/10.26532/jph.v10i1.30883","url":null,"abstract":"This research explores the forms of intellectual property rights violations and their causes, which are examined using the Indonesian intellectual property rights legal framework, to then generate an overview of the legal reconstruction needed to protect existing intellectual property in Indonesian online marketplaces. This research used normative legal research method with comparative approach by analyzing the existing Indonesian IP legal framework and compare it with other countries that are more advanced in IPR protections. This research puts a great emphasis on legal problems and the criminal elements of the Indonesian intellectual property rights legal framework to explain the position of online marketplaces and their responsibilities to also support the protection of IP and the growth of e-commerce overall. This research finds that Indonesia is facing normative issues in defining the role of online marketplace in many IP infringement cases. This finding is important in the support for continued legal development in Indonesia, to provide better protection of many forms of intellectual property rights in Indonesian online marketplaces.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47843413","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 : 2023-04-24DOI: 10.26532/jph.v10i1.30913
S. Sumarno, Ismaidar Ismaidar
The environmental problems can no longer be said to be purely natural problems, because humans provide a very significant causative factor for environmental events. The purpose of this research is to find out and analyze environmental criminal law enforcement based on Pancasila justice, which is a legal concept that upholds the values of justice, equality and humanity. the approach method used in this study uses a normative juridical approach, the resulting research results state that the 2009 Environmental Protection and Management Law defines a crime as an act that can result in exceeding ambient air quality standards, water quality standards, seawater quality standards, or standard criteria for environmental damage. Enforcement of environmental criminal law based on Pancasila justice is a legal concept that upholds the values of justice, equality and humanity.
{"title":"THE ENVIRONMENTAL OF CRIMINAL LAW ENFORCEMENT BASED ON PANCASILA’s JUSTICE","authors":"S. Sumarno, Ismaidar Ismaidar","doi":"10.26532/jph.v10i1.30913","DOIUrl":"https://doi.org/10.26532/jph.v10i1.30913","url":null,"abstract":"The environmental problems can no longer be said to be purely natural problems, because humans provide a very significant causative factor for environmental events. The purpose of this research is to find out and analyze environmental criminal law enforcement based on Pancasila justice, which is a legal concept that upholds the values of justice, equality and humanity. the approach method used in this study uses a normative juridical approach, the resulting research results state that the 2009 Environmental Protection and Management Law defines a crime as an act that can result in exceeding ambient air quality standards, water quality standards, seawater quality standards, or standard criteria for environmental damage. Enforcement of environmental criminal law based on Pancasila justice is a legal concept that upholds the values of justice, equality and humanity.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41648116","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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