Sign Jurnal Hukum

Journal Information
ISSN / EISSN: 26858614 / 26858606
Total articles ≅ 48

Latest articles in this journal

Patrica Ingarasi, Nany Pudianti Suwigno
Published: 1 October 2022
SIGn Jurnal Hukum, Volume 4, pp 233-246; https://doi.org/10.37276/sjh.v4i2.187

Abstract:
This research aims to examine and analyze the benefits obtained by MSME actors in Surakarta after registering their trademarks. This research uses the empirical research method. The primary data were collected using direct interviews. The data obtained in this research were then analyzed qualitatively to analyze problems and answer study purposes. The results show that the IPR has provided legal certainty and protection for the Owner. Apart from getting legal protection, the rights Owner of the trademark also gets material and immaterial benefits. In this case, the rights Owner of the Mal Mel trademark feels the immaterial benefits. Furthermore, the rights Owner of the Mal Mel trademark prefers to give a direct warning if she finds a social media account plagiarizing his trademark rather than through positive legal procedures. At the same time, the rights Owner of the Mal Mel trademark does not think of making a profit by earning and receiving compensation from plagiarists. Therefore, it is recommended for every business actor, especially those with large and developing scales, to register their trademarks. In addition, MSME actors can also register the trademark to DGIP using the collective system. On the other hand, it is also recommended for the Government increase public understanding and trust in solving problems through positive legal procedures, even though the crime of IPR plagiarism is included in the category of constituted complaint delict.
M. Ridjal Adelansyah Syam, Abd. Kahar Muzakkir
Published: 1 October 2022
SIGn Jurnal Hukum, Volume 4, pp 202-220; https://doi.org/10.37276/sjh.v4i2.218

Abstract:
This study will examine and analyze the status and position of the SHM of Condominium Units in the building Blok-A of Makassar Mall after a fire. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively. The results show that the SHM of Condominium Units in building Blok-A of Makassar Mall is still in the status quo. Meanwhile, the fire phenomenon and implementation of the construction of the new building Blok-A of Makassar Mall cannot be qualified as a requirement for the removal of the SHM of Condominium Units. In this case, implementing that construction is a form of PT. MTIR’s obligation to the Makassar Municipal Government based on the agreement held under the BOT system. In contrast, PT. MTIR made efforts to usurp the rights owned by traders as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall. Therefore, it is recommended that the Makassar Municipal Government re-evaluate the involvement of PT. MTIR as the Holder of the Right to Build for Makassar Mall Shopping Center. In addition, it is recommended that PT MTIR register for the transfer of the right based on Government Regulation No. 24 of 1997 if they continue to impose their will to become the holder of the SHM of Condominium Units in building Blok-A of Makassar Mall. Furthermore, it is recommended that law enforcement agencies conduct investigations related to the Collaboration Agreement No. 44/511.2/SP/HK along with the accompanying addendums. In this case, traders must get legal certainty and protection as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall.
Nurul Qamar, Farah Syah Rezah
Published: 1 October 2022
SIGn Jurnal Hukum, Volume 4, pp 191-201; https://doi.org/10.37276/sjh.v4i2.162

Abstract:
This study aims to examine and analyze the dichotomy between doctrinal and non-doctrinal approaches in the study of legal science. This research uses normative research methods. The collection of legal materials is done by using literature study techniques. The legal material obtained in this study was then analyzed qualitatively with a comparative approach to present conclusions and answer the research objectives. The results show that the dichotomy of approach in the study of legal science is a scientific dynamic in line with social changes in the community. The doctrinal approach is a normative legal study that always focuses on norms that are none other than the character of legal science itself. In contrast, the non-doctrinal approach is an empirical legal study that crosses other scientific disciplines and does not ignore legal norms as the character of legal science. In addition, the doctrinal approach determines substantially what is allowed and what is not (das sollen). At the same time, the non-doctrinal approach corrects legal behavior as nothing but a judiciary that creates justice, certainty, and utility in the empirical realm (das sein). Therefore, it is recommended for legal academics to have progressive legal thought construction. In addition, the government must ensure every legal academic’s competence when making academic manuscripts of Laws and Regulations Draft. In this case, the rule of law must achieve social justice for Indonesia’s people.
Andi Armansyah Akbar, Musakkir Musakkir
Published: 1 October 2022
SIGn Jurnal Hukum, Volume 4, pp 173-190; https://doi.org/10.37276/sjh.v4i2.205

Abstract:
This study examines and analyzes the effectiveness and efficiency of the convict self-development program in the penitentiary using legal and economic approaches. This study uses empirical legal research methods. The primary data were collected using direct interviews with four informants. While the secondary data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The data obtained in this research were then analyzed using qualitative data analysis methods with a legal and economic approach. The results show four concepts and five principles for conducting legal and economic analysis. Legal and economic analysis shows that the convict self-development program in Class 1 Penitentiary of Makassar is not running effectively and efficiently based on four factors: legal, law enforcement, facilities, and community. Therefore, it is recommended for MoLHR to make Regulations on observation, assessment, and reporting for implementing the convict development. Furthermore, it is recommended that the Director General of Correctional make Regulations on The guidance for implementing Correctional Guardian. In addition, there should be a restoration of regulations related to the role of correctional guardians as certain functional positions in the Penitentiary. In this case, the convict self-development program in the future can be carried out more focused, measurably, and systematically.
Shellma Riyaadhotunnisa, Muhamad Amirulloh, Deviana Yuanitasari
Published: 1 October 2022
SIGn Jurnal Hukum, Volume 4, pp 160-172; https://doi.org/10.37276/sjh.v4i2.211

Abstract:
This study examines and analyzes the legal protection for Investors from the activities of uncertified crypto asset physical Traders. This study uses a normative juridical research method with a statute approach. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods. The results show that the Government has provided legal protection for investors from the activities of uncertified crypto asset physical traders based on Law No. 10 of 2011, CoFTRA Regulation No. 8 of 2021, and CoFTRA Regulation No. 11 of 2022. The crypto asset investment mechanism regulated in these laws and regulations is a form of preventive legal protection. In contrast, there is not a single CoFTRA Regulation that contains provisions on repressive legal protection for Investors suffering losses from uncertified Traders. However, Investors suffering losses from uncertified Traders can still take several legal actions: deliberation, civil lawsuit, and restorative justice on the criminal decision. Therefore, it is recommended for Investors to conduct crypto asset transactions with Traders by obtaining a registration certificate from CoFTRA. In addition, it is recommended to CoFTRA for more regulation on dispute resolution for Investors suffering losses from uncertified Traders. In this case, to create legal certainty and better legal protection in future crypto asset physical market trading.
M. Ridjal Adelansyah Syam, Farida Pattitingi, Sri Susyanti Nur
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 140-159; https://doi.org/10.37276/sjh.v4i1.186

Abstract:
This study examines and analyzes the legal subject of the Ujung Pandang Central Market management activities, which are treated as Non-Residential Condominium buildings based on Law No. 20 of 2011. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively. The results show that the legal subject of the Ujung Pandang Central Market management activities, which are treated as Non-Residential Condominium buildings, must be held by PPPSRS based on Article 59 of Law No. 20 of 2011. In this case, if PPPSRS has not been established, then PT. MTIR must establish PPPSRS no later than one year from the first delivery of the condominium unit to the owner. However, until now, PPPSRS has not been established and established by PT. MTIR. So strictly speaking, PT. MTIR deviated from its obligations in implementing Law No. 20 of 2011. Therefore, it is recommended that the Makassar Municipal Government re-evaluate the involvement of PT. MTIR as Holder of The Right to Build for Ujung Pandang Central Market. In addition, it is recommended to PT. MTIR to comply with Article 59 of Law No. 20 of 2011 by establishing PPPSRS. Furthermore, it is hoped that law enforcement and the Regional House of Representatives of Makassar Municipal will protect the interests of traders so that PPPSRS is established as a legal subject for the Ujung Pandang Central Market management activities.
Nathania Amadea, Fatmi Utarie Nasution, Sherly Ayuna Putri
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 124-139; https://doi.org/10.37276/sjh.v4i1.185

Abstract:
This study examines and analyzes the dispute resolution of appointing a legal guardian based on the audi et alteram partem principle and only one legal guardian principle. This research combines normative juridical and empirical research methods. The types and sources of data used in this research are primary and secondary data. The primary data were collected using direct interviews with an informant. While the secondary data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The data obtained in this research were then analyzed juridically qualitatively. The results show that implementing the dispute resolution of appointing a legal guardian through a lawsuit realizes the principle of audi et alteram partem. Furthermore, with the realization of the audi et alteram partem principle, it will also directly realize the principle of only one guardian or what is known as the principle of one and indivisible. Therefore, it is recommended that the Government make amendments to Government Regulation No. 29 of 2019. In this case, explicitly and regulated disputes over guardianship rights should be examined through the jurisdictio contentiosa mechanism. Thus, anyone has the right to apply as a legal guardian, as long as they meet the requirements, have closeness, and the Child’s willingness.
Syarif Saddam Rivanie, Slamet Sampurno Soewondo, Nur Azisa, Muhammad Topan Abadi, Ismail Iskandar
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 113-123; https://doi.org/10.37276/sjh.v4i1.169

Abstract:
This study aims to examine and analyze the Judge’s application of imprisonment to kleptomaniacs based on Decision No. 574/Pid.B/2019/PN.Dps. This study uses a normative juridical research method. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach and a case approach which will then conclude the object of the research. The results show that the Judge’s application of imprisonment to the accused is based on Decision No. 574/Pid.B/2019/PN.Dps was the right decision. In this case, the problem of kleptomania currently ongoing in court should be proven with a Psychiatric Visum et Repertum. While the Letter of Statement No. 01/II.MR/RSPI/2019 cannot be the basis for the implementation of eliminating punishment. To determine that a person has kleptomania must undergo a process of examination for a minimum of two weeks to three months. Therefore, it is recommended that investigators provide the opportunity or take the initiative to prove the suspect’s mental condition before being processed to the following legal proof stage. So no more accused who prove their status as kleptomaniacs using the letter of statement. The Judge is also recommended to decide by giving measures sanction to the accused if proven to have kleptomania to avoid the recurrence of the crime of theft in the future.
Dian Ayu Meika Putri, Ana Silviana
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 99-112; https://doi.org/10.37276/sjh.v4i1.176

Abstract:
This study aims to examine and analyze the cancellation of the transfer of land rights through oral grants. In addition, to understand the legal consequences of Decision No. 30/Pdt.G/2020/PN.Tnr regarding the position of the land object obtained against the law. This study uses a normative juridical research method. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach and a case approach which will then conclude the object of the research. The results show that the transfer of land rights is implemented through oral grants in Decision No. 30/Pdt.G/2020/PN.Tnr is invalid and null by law. In this case, based on Article 617, Article 1320, Article 1335, Article 1365, Article 1682, and Article 1688 point 2 of the Civil Code. In addition, there are rules and prohibitions for transferring land from the distribution of the Transmigration Program. While the legal consequences are defendants, I to VIII and co-defendant V must vacate and get out from the land right of ownership plaintiff in excellent and intact condition. Therefore, it is recommended that each party that implements the grant knows the rules according to the applicable laws and regulations. Meanwhile, the recipient of the distribution of Land from the Transmigration Program must understand the rules and prohibitions as a participant in the program. The government and related agencies must be more intense in socializing with the public about the importance of making a grant deed before the Land Deed Official. This condition aims to minimize the occurrence of land disputes in the future due to oral grants.
Farah Hamdah Rahmawati, Syaifuddin Zuhdi
Published: 16 April 2022
SIGn Jurnal Hukum, Volume 4, pp 87-98; https://doi.org/10.37276/sjh.v4i1.167

Abstract:
This study examines and analyzes grant deed cancellation in inheritance cases based on Decision No. 0492/Pdt.G/2020/PA.Klt. This study uses a normative juridical research method. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach and a case approach which will then conclude the object of the research. The results show that the cancellation of grant deeds in inheritance cases is based on Decision No. 0492/Pdt.G/2020/PA.Klt consists of several of the Judge’s considerations. First, Article 211 of the Compilation of Islamic Law regulates that grants from parents to their children can be equalized with inheritance. Second, Article 832 of the Civil Code and Article 174 section (1) of the Compilation of Islamic Law regulates that those entitled to become inheritors are blood-related families. Third, Article 841 and Article 842 of the Civil Code and Article 185 section (1) of the Compilation of Islamic Law regulates the rights transferred from inheritor to substitute inheritor. In addition, the transfer of the right from someone who dies to their inheritor applies automatically because of Allah’s provisions in Q.S. An-Nisa’ verse 7. Therefore, it is recommended for the plaintiffs and defendant to file a claim for certificate cancellation in the Administrative Courts. Proportionality of inheritance distribution: the defendant gets 3/6 inheritance, and three substitute inheritors each get 1/6 inheritance. Thus, the principle of justice can be felt and implemented by and for inheritance and substitute inheritors.
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