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Journal : Yustisia Merdeka

Perlindungan Pemilik Rahasia Dagang Dalam Perjanjian Waralaba Anik Tri Haryani
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 4 No. 2 (2018): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v4i2.21

Abstract

Tight business competition requires creativity for entrepreneurs to stay competitive by seeking new breakthroughs in developing their businesses. Many franchise models are chosen to develop businesses. One of the criteria for franchising is the Intellectual Property Rights that have been registered including trade secrets. The purpose of this study is to examine the legal protection of trade secret owners in a franchise agreement, and legal consequences if there is a violation of trade secrets in the franchise agreement. The method used in this study is juridical normative with a law approach and conceptual approach. The results of the research show that the protection of trade secrets in the franchise agreement can be done by making an agreement which contains a confidential information, non disclosure agreement clause, a non compete agreement as well as a non solicitation agreement clause. Legal consequences in the event of a violation of trade secrets in the franchise agreement can be prosecuted civilly by paying compensation through a lawsuit to court or can be resolved through arbitration or alternative dispute resolution. In addition, it can also be prosecuted according to Article 17 paragraph (1) of Law Number 30 of 2000 concerning Trade Secrets with the penalty of imprisonment of a maximum of two years and a maximum fine of three hundred million rupiah.
Kontribusi Retribusi Tempat Rekreasi Dan Olahraga Dalam Meningkatkan Pendapatan Asli Daerah Di Kabupaten Ngawi Sarjiyati Sarjiyati; Anik Tri Haryani; Enda Warna Dyah A
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 6 No. 1 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i1.48

Abstract

The purpose of this study was to determine the regulation of levies for recreational and sporting places in Ngawi Regency and the contribution levy of recreational and sporting place fees in increasing local revenue in Ngawi Regency in 2014-2018. The type of method used in this research is normative research, with the method of statute approach, the legal materials in this study are primary, secondary and tertiary legal materials, through interview and documentation data collection techniques, with qualitative analysis. The regulation of recreational and sporting levies in Ngawi Regency has changed in structure and the amount of the retribution tariff is due to the addition of two recreational and sporting objects so that there are five recreational and sporting object levies owned by the Regional Government of Ngawi Regency. The contribution of recreational and sporting place fees in increasing local revenue in Ngawi Regency in 2014 was 0.58%, in 2015 amounted to 0.57%, in 2016 amounted to 0.64%, in 2017 amounted to 0.28% and in 2018 amounted to 0.96%. Recreation and sports places that contribute the highest retribution are Tawun, Alun - alun, Trinil Museum, Ketonggo Stadium and GOR Bung Hatta.
Peran BPSK Dalam Menyelesaikan Sengketa Konsumen Anik Tri Haryani; Sarjiyati Sarjiyati; Yuni Purwati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 6 No. 2 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i2.53

Abstract

Abstract— The purpose of this study is to analyze and explain the role of BPSK in resolving consumer disputes and analyze the dispute resolution process BPSK. This research used normative juridical approach to the law (statute approach) and the conceptual approach (conceptual approach). The results showed that in the implementation of consumer protection in Indonesia, BPSK is spearheading role in the field to provide protection to consumers who have been harmed. The protection afforded by BPSK to consumers is through the settlement of disputes between consumers and businesses, and also through the inclusion of supervision of any agreement or document that outlines the standard clause. While the dispute settlement process is done for the sake of the stages of the stages are as follows: stage request of the applicant, ie the consumer as plaintiff; pretrial stages, namely the selection of completion method; settlement of disputes based on the decision of the parties, especially mediation, conciliation, arbitration and the decision of the Assembly. Keywords—: Role; BPSK; consumer disputes.
Kajian Hukum Prospek Kepariwisataan Kabupaten Magetan Pada Masa Pandemi Covid-19 Terhadap Peningkatan Pendapatan Asli Daerah Yuni Purwati; Anik Tri Haryani; Sigit Sapto Nugroho; Farah Dina Sheilawati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 7 No. 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.84

Abstract

Abstract— The purpose of this study is to determine the impact of a pandemic Covid-19 to the tourism sector in the Regency of Magetan and find out the policy of the Regional Government of Kabupaten Magetan on prospects of tourism in the pandemic Covid-19. This study is a juridical empirical using qualitative analysis quantitative of data and facts in the field and supported by the approach of the legislation. The results of the study showed that the impact of a pandemic Covid-19 to the tourism sector is very visible and extraordinary, the impact negatif what happened to the tourism sector in the pandemic Covid-19, one of which is a decrease in revenue from the tourism sector this impact suffered by the offender or the Government of Kabupaten Magetan because the tourism sector is one of the post in order to increase revenue, in addition clear intensity of tourists drastically reduced. While the policy undertaken by the Government of Magetan Regency on the prospects of tourism is to make a policy better specialized programs, and also to make a decree which regulates in general related to the new life in the pandemic Covid-19 that governs related policies and things that need. Keywords—: Tourism; Pandemic Covid-19; Impact; policy.
Perlindungan Hukum Pekerja Terdampak Pemutusan Hubungan Kerja (PHK) Dalam Masa Pandemi Covid 19 Krista Yitawati; Anik Triharyani; Yuni Purwati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 7 No. 2 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i2.112

Abstract

The purpose of this research is to analyze business actors can take care of employment unilaterally during the Covid 19 pandemic period and the form of legal protection for workers affected by employment (PHK) due to Pandemic Covid 19. The method used in this study is a normative legal research method , where this method is used to find the appropriate concrete law to be applied to resolve a particular legal problem, the approach used is the Statute Approach and Conceptual Approach (Conceptual Approach). The results showed that in principle, the company may not carry out layoffs on unilateral workers in any situation, including in the health emergency situation. However, if the layoffs cannot be avoided in public health emergency situations due to the Covid-19 virus pandemic outbreak and still being done by the company, must be with certain reasons. The form of protection for the workforce that is laid off is to provide a practice card, incentives and salary / wages assistance to workers and medical personnel, credit assistance with the restructuring to UMKM, giving THR.
Analisis Yuridis Pelaksanaan Penggantian Antar Waktu (Paw) Anggota Dprd Provinsi Daerah Istimewa Yogyakarta Anik Tri Haryani; Retno Iswati; Muhammad Candra Wijaya
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 1 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i1.140

Abstract

Abstract-This research was made with the aim of examining the law relating to the implementation of recall for members of the DPRD in the Special Region of Yogyakarta. Recall is regulated in Act Number 17 year 2014 about People's Consultative Assembly, the People's Representative Council, the Regional People's Representative Council. This research studied about suitability of recall implementation with the regulations and the impact on democratic system in Indonesia as a result of recall by members of the DPRD in Special Region of Yogyakarta. The author uses empirical legal research by collecting results from observations and data which supported by interviews with informants. In addition, the author is guided by the rules / regulation in Indonesia. The results of this research are the recall members of the DPRD Yogyakarta have a suitability with Act Number 17 year 2014 about People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council. However, the implementation of recall in accordance with these regulations cannot prevent political parties from taking their right to do recall for personal interests of the political parties.
Problematika Dan Implikasi Omnibus Law Cipta Kerja Pada Perseroan Terbatas Krista Yitawati; Anik Tri Haryani; Subadi; Adilla Nila Krusita
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 2 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i2.187

Abstract

Abstract— Despite the various controversies, the presence of the Omnibus Law on Job Creation have repealed at least two regulations and changed at least 80 (eight twenty) other laws. One of those affected is the Law Number 40 of 2007 concerning Limited Liability Companies (UU PT). Study This study intends to examine what the existing concepts and problems look like on the Omnibus Law on Job Creation, as well as its implications for the regulation and the basic concept of a Limited Liability Company. This study is a normative research (doctrinal) to secondary data obtained from literature studies (library research), which consists of primary and secondary legal materials. Research result shows that the Omnibus Law is a legislative method by unites various types of laws into one specific law. This has the potential to negate the diverse interests of each laws in the name of one interest only. In addition, the practice of drafting it in Indonesia does not have a juridical basis and violates the principle of openness and participation. In terms of its implications for the PT Law, a number of the provisions in the Omnibus Law on Job Creation have expanded the meaning of the Company Limited by presenting the Sole Proprietorship model which gives birth to a number of contradictions in the basic concept of a Limited Liability Company, in addition to removing the minimum capital limit of the Company which is feared will cause vulnerabilities for business continuity.