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Audito Comparative Law Journal (ACLJ)
Published by Universitas Muhammadiyah Malang
ISSN : 27231968     EISSN : 27232476     DOI : https://doi.org/10.22219/aclj.v3i1.19873
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum in publishing works that promote up-to-date legal scholarships in the South East Asia countries, specializing in comparative law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 56 Documents
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Multiethnic Society in the Concept of Transformational Justice: Case Study of Salatiga City Martri Sonny; I Nyoman Nurjaya; Lucky Endrawati; Fachrizal Afandi
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 1 (2023): January 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i1.23819

Abstract

This study aims to see the harmony of diversity in Salatiga City using the concept of transformational justice. Transformational justice is a proposed type of justice model from F. Budi Hardiman, based on Derrida's theory of deconstructivism and Juergen Habermas's discourse theory. This is socio-legal research, studying law empirically by elaborating law with data in the form of observations, interviews, and documentation. The results of the study present what things make Salatiga City a Tolerant City. With the various results presented, the researcher then discussed them with Hardiman's perspective regarding the concept of transformational justice. The results of the study show that the transformative features of various elements in the society of Salatiga City in terms of pre-political social existence are not eliminated in public dialogue.
Implementation of Land Auction for Kebonharjo Village: A Comparative Perspective Teddy Satrio Wicaksono; Marisa Kurnianingsih; Arief Budiono
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 1 (2023): January 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i1.23902

Abstract

The purpose of this research is to find out the procedure for village treasury land lease agreements through an auction system and to find out the obstacles encountered in the auction process for village treasury land in Kebonharjo, Polanharjo District, Klaten Regency. This study uses an empirical approach method. The type of research used in this research is descriptive analysis with a comparative approach perspective. The results of this study concluded that the procedures for land lease agreements for treasury village in Kebonharjo Village, Polanharjo District, Klaten Regency were carried out through several stages, namely: (1) Forming an auction committee (2) Collecting data on village treasury land, (3) Disseminating information regarding the existence of village treasury land auction. (4) Informing the auction rules, (5) Selecting the auction winner, and (6) Entering into a village treasury land lease agreement. The obstacle in the process of implementing the village treasury land auction held by the government of Kebonharjo Village, Polanharjo District, Klaten Regency, was the lack of interest from the community who took part in and attended the auction being held. This is because most people already have privately cultivated land and not all work as farmers. So that not all residents want to participate and attend the auction held.  
Legal Protection of Remote Working Workers in Particular Time Employment Agreements Arsyi Manggali Arya Putra; Mohammad Isrok; Nur Putri Hidayah
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 1 (2023): January 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i1.24033

Abstract

In the Industrial Era 4.0, all electronic work systems can support the concept of remote working. The relationship between workers and companies arises from a work agreement. The fact is that work agreements are inseparable from conflicts, especially in Particular Time Employment Agreements. Remote working workers in a Particular Time Employment Agreement are carried out online, which must comply with the applicable laws and regulations. This study uses a normative legal method by analyzing and comparing the norms of the Indonesian state legislation (statute approach) descriptively, namely the updated Labor Law, the Job Creation Law, and the ITE Law. And take a conceptual approach, namely remote working (conceptual approach). Furthermore, the researcher describes the formulation of the problem, namely the Remote Working Concept with a Particular Time Employment Agreement system. The Remote Working Concept of Worker Protection is reviewed in the Job Creation Law. In principle, the mechanism for implementing the remote working concept is subject to the provisions of the Labor Law and the Job Creation Law. In addition, there is a need for a new clause regarding the concept of remote working to protect remote working concept workers fairly.
Normative Legal Research in Indonesia: Its Originis and Approaches Tunggul Ansari Setia Negara
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 1 (2023): January 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i1.24855

Abstract

The legal research method is one of the academic fields that continues to generate debate among law students and law colleges in Indonesia. This debate is important because the research method is a means for a legal scholar to obtain the truth. This article maps the debate on normative and socio-legal research, emphasizing the former type of research. This article explores the origins and debates of normative legal research methods in Indonesian legal education and some of the mainstream approaches commonly used in normative legal studies. This condition does not aim to develop a claim on the validity of normative legal research methods as the only research method but rather to position normative legal research proportionally in the legal scholarship in Indonesia.
Comparative Analysis of Legal Protection and Criteria of Well-Known Marks (Indonesia, United States, India, China, and Germany) I Gede Mahatma Yogiswara Winatha; A.A.Gede Agung Indra Prathama; Putu Chandra Kinandana Kayuan
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 1 (2023): January 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i1.23768

Abstract

Trademark functions as a distinguishing mark between goods and/or services of its kind, as well as an identification mark for goods and/or services from the producer concerned. In order to be a well-known and widely recognized mark by the world community, and also to gain a good reputation it requires a very high investment to maintain quality and perform massive promotions in many countries. Considering this, lawful protection of well-known marks is a must. This research uses a normative juridical method by examining regulations and analyzing the previous studies, as well as other relevant legal materials to determine the criteria of well-known marks and the law protection provided for well-known marks in Indonesia. The results of this study indicate that the regulation of the criteria for well-known marks in Indonesia still does not set concretely the minimum number that must be met for each criterion. Furthermore, in principle, Indonesia provides legal protection for well-known marks, both registered and unregistered in Indonesia.
Legal Issues Behind Village Autonomy and Village Head Role in Village Governments Anggun Rahmawati; Arief Budiono; Syaifuddin Zuhdi; Nuria Siswi Enggarani
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.23281

Abstract

The village government is currently given lots of new authority and funding from both the central and regional governments. Such things aim to increase the progress of development and prosperity of village communities. Unfortunately, this does not necessarily make the village governments run according to existing laws. Worse, they do not necessarily make progress. Concerning the prosperity of villagers, since the enactment of Law Number 22 of 1999, major changes have happened to villages. They are no longer areas that are directly supervised by the regional government or merely administrative areas. But the village has transformed into an independent and separate autonomous force with the peculiarities of self-government. This paper uses the normative juridical research method. Results show that the lengthy tenure of village heads impacts the democratization process in the regions. It will result in the stagnation of development progress in the villages. These conditions certainly resulted in negative speculations about the consequences arising from violations of justice to the possibility of many legal violations due to the long Village Head office term
Offense of Contempt Against Government in Law Number 1 of 2023 Concerning Criminal Law Code From Constitutionalism Perspective Muhammad Ihsan Firdaus
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.24812

Abstract

The reform of criminal law in Indonesia has gone through a long process so it came to the enactment and promulgation of Act number 1 of 2023 concerning the Criminal Law Code which revokes the colonial heritage Criminal Law Code. However, as a newly legal product, of course, there are legal issues in it, which is related to the offence of contempt against the government which includes executive, legislative and judicial powers. Specifically for contempt against the President and Vice President, a judicial review has been submitted to the Constitutional Court and ruled unconstitutional, but it has been re-enacted in the Criminal Law Code. So, based on this premise, this research analyzes how the offence of contempt against the government is in Act number 1 of 2023 concerning the Criminal Law Code and whether the offence of contempt against the government is contrary to the principles of constitutionalism. This study uses legal research methods. So, the results of this research are first, that the offence of contempt against the government is contained in Articles 218-220 concerning attacks on honour or dignity and humiliation of the government and or state institutions which are regulated in Articles 240 and 241. Second, these offences are contrary to the principle of constitutionalism which states that power must be limited so that the recognition, respect, and protection of human rights can be properly manifested. So that the state should not regulate the offence, moreover the offence related to contempt of the President and Vice President has been adjudication unconstitutional by the Constitutional Court.
The Power of Legal Certainty in the Trademark Exhaustion Principle Governing Parallel Imports Alif Muhammad Gultom; Dodik Setiawan Nur Heriyanto
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.25232

Abstract

The exhaustion doctrine in intellectual property law refers to the limitation imposed on the rights of owners to enforce their intellectual property rights after a particular point of sale. It creates a framework for determining the legality of parallel imports and helps to balance the interests of intellectual property owners and consumers. This paper presents a comparative study on the trademark exhaustion principle and parallel import between the European Union (EU) and Indonesia. The study investigates the legal framework and the practical application of these concepts in both jurisdictions. This study uses a normative research method and a legal comparative approach to analyze and describe the legal frameworks of different jurisdictions. The research findings indicate that the EU has a well-defined threshold for the exhaustion of trademark rights, which is aligned with the regional exhaustion principle. In contrast, the Indonesian legal system lacks clarity on this principle, which creates confusion and uncertainty for trademark owners and parallel importers. Last, this research also provides insights for policymakers, practitioners, and academics who are interested in the current exhaustion principle and parallel import development.
Understanding Beschikking, Regeling and Beleidsregel in Indonesian Legal System Sholahuddin Al-Fatih; Mujibur Rahman Khairul Muluk
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.25417

Abstract

This article examines beschikking, regeling, and beleidseregel in the Indonesian legal system. This article aims to understand beschikking, regeling, and beleidseregel in the context of its content's type, form, and material. Using a conceptual approach method, this article will likely provide an understanding for academics and practitioners in the field of legislation. The results of this study show that beschikking in Indonesia appears in the form of KTUN. In contrast, regeling appears in the form of laws and regulations, while beleidseregel manifests in circulars and instructions. Measuring the marketability, binding, and usability of a beschikking, regeling, and beleidseregel uses a typology approach to the division of power.
Guarantee of Information and Communication Technology Application Security in Indonesia: Regulations and Challenges? Nurfaika Ishak
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.26098

Abstract

In this era of rapid development of science, knowledge, and technology, society faces a challenge related to the use of information and communication technology that can be misused by irresponsible parties and can cause harm and loss to others in the form of threats to security stability in cyberspace. This study aims to find out how to guarantee the security protection of information and communication technology applications for Indonesian citizens from the perspective of laws and regulations perspective, then how challenges and opportunities can be addressed to overcome the gaps that occur. This research is normative research with a statutory approach. The data collection technique used in this study is a literature study technique collected by reviewing scientific works, journals, laws and regulations, and other related materials related to information and communication technology, and crimes in cyberspace. The results show that the Indonesian government has issued a law on information and electronic transactions. Furthermore, several work teams were also formed under state agencies/institutions that focused on responding to information security issues such as teams under the auspices of the Ministry of Communication and Information; there were also other teams from Indonesian National Police Agency. The challenges faced are related to law enforcement on the regulations that have been set, namely how the substance of the contents in these regulations can accommodate the protection/guarantee of the security of personal information in Indonesia. In addition, this is also influenced by the apparatus's actions and the community's response.

Page 5 of 6 | Total Record : 56

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