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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i JOURNAL of LEGAL RESEARCH
Tresia Elda
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JOURNAL of LEGAL RESEARCH

 1 
Perlindungan Hukum Pemegang Lisensi Hak Cipta Menurut Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Aulia Munadiah; Syafrudin Makmur; Tresia Elda
JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i3.20735

Abstract

The main problem in this thesis is the rampant violations of cinematographic works by several parties illegally, such as what happened in the case in Decision Number 14/Pdt.Sus.Hki/Cipta / 2018 / Pn-Niaga Sby which could harm a license holder of the work.. The purpose of this study was to determine the legal protection of copyright license holders from copyright infringement and to find out the basic analysis of the judges' considerations and decisions in the dispute of Decision Number 14 / Pdt.Sus.Hki/Cipta/2018/Pn-Niaga Sby. This research method uses a normative juridical approach. The juridical normative in this study has two sources of law, namely primary and secondary sources of law. The primary source of law refers to Act No. 28/2014, on the Copyright. The theory used in this research is the theory of legal protection and the theory of intellectual property rights. The results of this study indicate that the regulation regarding legal protection has been regulated in Act No. 28/2014, on the Copyright, the problems in the judge's decision in decision Number 14/Pdt.Sus.Hki/Cipta / 2018 / Pn-Niaga Sby, the panel of judges rejecting the defendant's exception and granting the Plaintiff's Lawsuit. Some forms of evidence used in this case are a license agreement for the work which is the object of violation.Keywords: Legal Protection, Infringement, Copyright, License Holder.
Penegakan Hukum Pemalsuan Data Pada E-Commerce Dalam Sistem Multi Level Marketing Perusahaan PT. Mulia Rejeki Waterindo Gladyswidya Wiratamia; Umar Al Haddad; Tresia Elda
JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i4.12181

Abstract

AbstractElectronic crime is an act that can be ensnared by the Information and Electronic Law. This study explains the extent to which the ITE Law provides legal protection for e-commerce users and presents a solution to meet the compensation for the victims of the crime of falsification of electronic data in the case of PT. NOBLE REJEKI WATERINDO. The approach used in this research is juridical normative through library research with qualitative research methods. The results of this study indicate that legal protection for e-commerce users under the ITE Law can be strengthened by making electronic contracts. For the fulfillment of victims' compensation in the case of PT. MULIA REJEKI WATERINDO can go through a civil suit or a request for restitution. This is because in the final decision of the case the application for compensation compensation was not submitted.Keywords: Law Enforcement, Crime, Data Counterfeiting, E-commerce, Multi Level Marketing
Upaya Hukum Peninjauan Kembali Dalam Perkara Perdata (Studi Putusan Mahkamah Agung Nomor 118/PK/Pdt/2018) Farangga Harki Ardiansyah; Alfitra Alfitra; Tresia Elda
JOURNAL of LEGAL RESEARCH Vol 2, No 2 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i2.14638

Abstract

This study aims to determine the legal position of legal reconsideration efforts as extraordinary legal remedies. Legal reconsideration efforts are the last legal remedies that can be filed in the judicial system in Indonesia and of course their extraordinary nature requires special supervision in matters of regulation. This research is a normative legal research using a statute approach or a statutory approach to understand the concept of legal reconsideration efforts in civil cases as regulated in statutory regulations as an effort to bring closer to the problems studied based on the rules, norms and rules according to the object under study. The results of the research show that legal review is an extraordinary remedy which in the process requires clear restrictions, especially in civil cases, which still requires firm and clear regulations regarding the procedure and how many times it can be filed.Keywords: Reconsideration, Civil, Legal Efforts, PK, Second Reconsideration
Pembatalan Kewenangan Dewan Pengawas Komisi Pemberantasan Korupsi Dalam Hal Pemberian Izin Penyadapan, Penggeledahan Dan Penyitaan Pada Putusan Mahkamah Konstitusi Nomor 70/ PUU-XVII/2019 Dalam Perspektif Efektifitas Hukum Sony Aldianto; Burhanudin Burhanudin; Tresia Elda
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i5.23047

Abstract

The main problem in this study is that, the position of the Supervisory Board of the Corruption Eradication Commission after the authority in granting wiretapping, search and seizure permits was canceled by the Constitutional Court in the perspective of the effectiveness of the law and the criminal justice system. This study aims to make everyone understand the position and urgency of the KPK Supervisory Board after the Constitutional Court Decision Number 70/PUU-XVII/2019 in the concept of legal effectiveness and the criminal justice system in Indonesia. The results of this study indicate that regarding the judge's considerations, that the Supervisory Board of the Corruption Eradication commission in granting wiretapping, search and confiscation permits is a real form of overlapping authority of pro justitia.  The KPK Supervisory Board is not a law enforcement officer, so it is not in accordance with the effectiveness of the law in terms of law enforcement factors, community factors and legal factors, therefore is not included in the components of the criminal justice system and violates the concept of the criminal justice system.
Co-Authors Alfitra Alfitra Aulia Munadiah Burhanudin Burhanudin Farangga Harki Ardiansyah Gladyswidya Wiratamia Sony Aldianto Syafrudin Makmur Umar Al Haddad