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All Journal Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat Yure Humano
Hulman Panjaitan
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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KEBERADAAN HUKUM ADAT DALAM YURISPRUDENSI Hulman Panjaitan
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

The Existance of Customary Law in national legal sistem was finding a important and strategic place and therefore constitutionally recognized in chapter 18 B verse 2 in second changes UUD 1945 with the certain requirements that is as long as the law and these customary law society still alive and in accordance with society development and the principle of NKRI. A confession Customary Law in legal law sistem can be viewed in various statutory regulation formal and specific pointedly, through the adjudication in court pratices that called with Jurisprudence. In Development history of Jurisprudence within Judicial practice in Indonesia can be seen the presence of common law as a form invention of law what does conducted by a judge against any lawsuit besides was the implementation of common law that living and evolving in the certain common law society environment. Keywords: customary law, jurisprudence
Pemberlakuan Perjanjian Baku dan Perlindungan terhadap Konsumen Hulman Panjaitan
to-ra Vol. 2 No. 1 (2016): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v2i1.1126

Abstract

Abstract Enforcement Of Formal Agreement in practically living economic day by day it has become any requirement which does not be bargained and the purity is based on to the Freedom Principle in Chapter 1338 first (1) KUHP Civil. In effort to give protection against a consumer in Enforcement of Formal Agreement, laws No. 18 in year 1999 about Consumer Protection already managed in such a way procedure Formal Agreement what be enforced in practice with the threat of cancellation if those procedures not able to be fulfilled, namely Formal Agreement in practically can not consist of “Klausula Eksonerasi” or clause that diverts and or to free about responsibility bussinesser. In justice practice, gets amount jurisprudence that has been cancelled with any “Clause Eksonerasi” what does being free of responsibility that person in this business and divert its to the consumer. This thing purposed as form appropriate in law protection to the consumer in court rulling related to the Enforcement of Formal Agreement in community. Kata Kunci: perjanjian baku, perlindungan konsumen
PENGGUNAAN KARYA CIPTA MUSIK DAN LAGU TANPA IZIN DAN AKIBAT HUKUMNYA Hulman Panjaitan
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1139

Abstract

Abstract Copyrightis avery important part of Intellectual Property Rights, especially inthe field of creative works of musicandsong;the infringement is very alarming and serious in Indonesia.Copyright is an exclusive right or special right which means that other people cannot take advantage of economic rights of creators on his creations without prior approval of the legal creators or copyright holders.The consequence is in each use of music for commercial businesses and or interests related to business activities/commercial purposessuch ascafes, hotels, restaurant sands of orthmust firstask approval from thecreators or copy right holders on the use of the music creation. Kata Kunci: Pengggunaan Karya Cipta Tanpa Izin
Dewan Perwakilan Daerah dan Kewenangannya dalam Sistem Ketatanegaraan Republik Indonesia Hulman Panjaitan
to-ra Vol. 1 No. 3 (2015): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i3.1150

Abstract

Dewan Perwakilan Daerah Republik Indonesia (DPD RI) was born as a result of reform on Amendment 1945 Constitution, for the needs to answer matters relations central and regional. The constitution orders to keep NKRI, that is acted upon by the provision of regional autonomy. DPD, as a state institution,which born from reformation spirit to speed up the development so should also as parliament and the president also have the authority to discuss the bill, particularly those relating to regional autonomy, the center and regions, formation, segregation and amalgamation regions, the management of natural resources and other economic resources and related financial balance center and regions, like the one in article 22D constitution 1945 and supported by verdict MK Number 92 /PUU-X /2012 and verdict MK number 79/PUU-XII/2014.Kata Kunci : Dewan Perwakilan Daerah, Sistem Ketatanegaraan Republik Indonesia
SANKSI PIDANA PLAGIARISME DALAM HUKUM POSITIF DI INDONESIA Hulman Panjaitan
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1152

Abstract

Abstract One of the norms that must be obeyed by everyone when writing a scientific literature is to mention the source of citation and other people’s opinion, this has been acknowledged among academics especially in universities, the most fundamental fact is, many writers do not pay attention to this matter or they do it intentionally, if this matter is done, then this action is called plagiarism and the person who performs the action is called a plagiarist, in regard to this matter, the law regulates the matter by imposing a criminal threat. Keyword: Sanksi Pidana Plagiarisme
PELAKSANAAN BUDAYA HUKUM HAKIM DAN ADVOKAT DALAM KAITANNYA DENGAN PENEGAKAN HUKUM Hulman Panjaitan
to-ra Vol. 3 No. 3 (2017): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i3.1159

Abstract

Abstract Legal culture is a very important element and priority is a concern in relation to law enforcement, That’s not limited to the implementation of the legal culture of judges and advocates as part of law enforcement. The execu- tion and implementation of the legal culture of each law enforcement apparatus, including judges and advocates have not become a serious concern. What has become a code of ethics as a guideline for behaving for judges and advocates has not inspired and integrated in the life and behavior of a judge and advocate in carrying out their duties and responsibilities. Therefore, for enforcement of the law and justice, presumably this legal culture as one of the most important elements in the legal system must befully applied and implemented by each law enforcement apparatus. Keywords: the legal culture; judges and advocates; law enforcement.
PELAKSANAAN PUTUSAN ARBITRASE DI INDONESIA Hulman Panjaitan
to-ra Vol. 4 No. 1 (2018): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i1.1170

Abstract

Abstract Dispute resolution through arbitration has many bene ts, so that the parties prefer to settle their dispute through an arbitration body compared to general justice which requires a long time and relatively large costs. Encouraged by this awareness and future preparations, the Indonesian government has issued Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This law has regulated how the proceedings before arbitration and the procedure for implementing the award, both national and international in nature. Keywords: arbitration; Indonesian government; UU No. 30 Tahun 1999; regulation.
PAJAK DAN ASPEK HUKUM PERDATA Hulman Panjaitan
to-ra Vol. 4 No. 3 (2018): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Taxes can be studied or analyzed from various disciplines, including law. Tax talks from the point of view of law are called tax laws. Civil law aspects, are a big part of tax law. Tax is an engagement. Many institutions con- tained in binding law as regulated in book III of the Civil Code are used in tax law. Keyword : taxes; tax laws; regulatation tax.
DOWN PAYMENT (DP) NOL RUPIAH DALAM KEPEMILIKAN RUMAH MENURUT HUKUM POSITIF DI INDONESIA Hulman Panjaitan
to-ra Vol. 4 No. 2 (2018): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i2.1186

Abstract

Abstract In accordance with the provisions of the positive law in force, the ownership or acquisition of land with a “DP Nol Rupiah” or without Down Payment is possible and legal according to the agreement of the parties which in practice is mostly done individually, but if the buying and selling activities, however, if the sale and purchase of the house is done through a business entity, then according to the rules in effect the down payment or down pay- ment is a must. It is time for the government to formulate a policy as the realization of the government's rights and guarantees for the provision of decent and healthy housing that can be affordable by all levels of society. Keywords: without down payment; legal according; purchase of the house; formulate a policy .
UNDANG UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DAN PERLINDUNGAN HUKUM BAGI PENCIPTA KARYA CIPTA MUSIK DAN LAGU Hulman Panjaitan
to-ra Vol. 5 No. 1 (2019): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v5i1.1193

Abstract

Abstract The meaning of song and music is different, but copyright literature does not seem to distinguish them. In the library of international law, the term commonly used to refer to a song or music is musical work. The Bern Convention states that one of the protected works is music compositions with or without words. There is no explicit description in the Bern Convention about what musical work really is. However, from the existing provisions it can be concluded that there are two types of music creation that are protected by copyright, namely music with words and music without words. Music with meaningful words is a song whose elements consist of melody, arrangement lyrics, and notation, while music without words is music that only consists of elements of melody, arrangement and notation. Keywords: copyright literature; the Bern Convention; protected works.
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