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INDONESIA
JURNAL HUKUM
Published by Universitas Islam Sultan Agung
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011" : 7 Documents clear
PERLINDUNGAN HUKUM HaKI DALAM PERJANJIAN WARALABA DI INDONESIA Lathifah Hanim
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.210

Abstract

Always related to the provision granting franchise rights to use and or use of certain intellectual property rights, which in this case embodied in the brand, which covers both trademarks and service marks, or indications of origin (indication of origin) and a specific format, formula, characteristics, methods, procedures, procedures, systems etc. that are typically associated with, and which can not be separated from each output or product that is produced and then sold, delivered or traded by using the trademarks, service marks or indications of origin mentioned above, called a trade secret.The problem is how the legal protection of intellectual property rights for the franchisor (the Franchisor) and Franchisee (the Franchisee) in franchise agreements in Indonesia.Franchise agreements is one aspect of legal protection to the parties of the actions harm others, including in providing legal protection for intellectual property rights. This is because the agreement can be a strong legal basis to enforce legal protections for the parties involved in the franchise system. If either party violates the agreement, then the other party can sue the infringing party in accordance with applicable law. Legal protection of intellectual property rights owned by the Parties to the Franchisor (the franchisor) will be better protected if the Franchise Agreement has been set up specifically on IPR protection, which is a pledge of certain restrictions that must be adhered to by the Franchisee (the franchisee), which directly or not directly intended to protect intellectual property rights of the Parties to the Franchisor (the franchisor). The Franchise Agreement which provides IP protection provisions also set Franchisee shall protect trade secrets provided by the franchisor during the term at least 2 (two) years after the franchise period expires. Franchisee shall maintain the rights and interests as holders of rights to the franchisor's brand. Franchisee is prohibited to run any other business which directly competes with the franchisor during the term of business and franchise and for a period of at least 2 (two) years after the franchise period expires. Intellectual Property Rights in the franchise business is also highly protected by the laws relating to intellectual property rights, namely: Copyright Law, Trademark Law, and the Trade Secrets Act.Key words: Franchise Agreement, Legal Protection.
PENEGAKAN HUKUM PIDANA DI BIDANG ILLEGAL LOGGING BAGI KELESTARIAN LINGKUNGAN HIDUP DAN UPAYA PENANGGULANGANNYA Bambang Tri Bawono; Anis Mashdurohatun
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.211

Abstract

Criminal Law Enforcement in the Field of Illegal Logging for environmental sustainability has not been completed properly, In fact the government was impressed as if keen to eradicate illegal logging, while the court would release him diligently. development of environmental law in Indonesia. Constraints, the Indonesian legal system is still associated with the pattern of claims with losses that are real. Future losses can not be applied in real terms, therefore losses are not yet occurred, is still a problems of law in Indonesia. Illegal logging is highly impact on the state of ecosystems in Indonesia. Logging provides a very adverse impact surrounding communities, and even the world community. Losses caused by forest destruction is not only the economic value of damage, loss of lung Indonesia and the world, global warming, will be followed by climate change such as increased rainfall in some parts of the world, catastrophic floods and landslides, but instead in another hemisphere experiencing a prolonged drought.Keywords : Criminal Law Enforcement, Illegal logging, Environment
PEMBUBARAN PARTAI POLITIK DALAM SISTEM KETATANEGARAAN INDONESIA Widayati Widayati
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.212

Abstract

Indonesia is a sovereign country folk. One implementation of the sovereignty of the people is the election that followed by political parties for members of Parliament and members of parliament and individuals for DPD.Political parties are the main pillars of democracy. Establishment of political parties must meet the requirements in accordance with legislation. Terms of founding a political party regulated under Article 2 of Law No. 2 of 2008 on Political Parties.As the main pillar of democracy, political parties should be able to carry out its functions properly. There are some restrictions on political parties, among others, are prohibited from engaging in activities contrary to the Constitution of 1945 NRI and legislation; engage in activities that endanger the integrity and safety Homeland. If the ban is violated, then the government may ask the parties to the freezing of the District Court. If the parties do not accept the decision of freezing the District Court, it can be appealed to the Supreme Court. If the Supreme Court confirmed the decision of the PN, then the Government may propose the dissolution of the parties to the Court.The procedure by which parties to the Court daitur dissolution under Article 68 paragraph (1) and (2) of Law No 24 of 2003 on the Constitutional Court. Constitutional Court's decision regarding the request for the dissolution of political parties must be decided upon within a period of 60 (sixty) days after pemoohonan recorded in the Register of Case Constitution.Keywords: Parati dissolution of political, constitutional systemIndonesia
TINDAK PIDANA PENCUCIAN UANG Fransiska Novita Eleanora
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.213

Abstract

Money laundrying is a badness yielding properties possession in number a real big or properties possession genesis is result of badness, the hidden or disguised variously. This badness longer increasingly increases, so that must be fought against that insentity kejahaatn yielding or entangles properties possession that is the numbers big earned diminalisation so that economics stability of state and security and safety of state can awake. Method applied is bibliography study, result of is money laundrying is badness of transnasional because getting through state region boundarys, the eradication cannot be done self, but that be effective must be done cooperation International through multilateral or bilateral forum and must fulfill standard International.Keyword : Crime, Money Laundrying, Eradication
EKOLOGI KONSTITUSIONAL (GREEN CONSTUTIONAL) DAN KEDAULATAN WILAYAH DI INDONESIA Jawade Hafidz
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.208

Abstract

Green Constitusional is a concept contained in the Act of 1945 Amendments, which in Article 33 Paragraph (3) arranged on the environment that must be managed for the benefit of development based on sustainable principles (suistainable) and environment (pro-enviroment). Green Constitusional concept first introduced by Jimly Asshiddiqie the first time in which this is one of the ideas and developments in environmental protection efforts are put towards environmental rights arrangements in the constitution of the State as a commitment to environmental protection and management.Constitution of the Republic of Indonesia 1945 Amendments also referred to as the supreme law of the land, because in its articles have known or regulating the preservation of nature or has shades of green. This is also confirmed in the Constitutional Court Decision No. 013/PUU-III/2005 dated 12 September 2005 that the politics of Indonesia's forest is in the implementation of human rights in Indonesia today and future generations to gain a healthy environment and in order implementation of national development.Key Word : Ecological Constitution, Sovereignty, Indonesia
POLRI : DALAM FUNGSI PENEGAKAN KETERTIBAN DAN DASAR KEHIDUPAN MASYARAKAT FAISOL AZHARI
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.214

Abstract

When social image for the police duty is still arround of the crime hunting only it is difficult to understand police function as an order enforcement. The success police duty is depent on two factors and they’re a police job and social image for it as an order enforcement official or namely as polisi sipil, as the best friend and also as the protector for society. The police duty should arrange/conduct social problem solving include the crime and social service for crime problem solving.Creating the order is depent on social life mode as an expert that must be achieved by police official. So that Indonesia police official is also depent on Indonesia people life include the Indonesia culture and namely as change of society.Keywords : Order, Order enforcement and change of society
TINJAUAN YURIDIS HAK-HAK TERSANGKA DALAM PEMERIKSAAN PENDAHULUAN Bambang Tri Bawono
Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v26i2.209

Abstract

Law enforcement is a process to realize the desires that have positive law through the Act into reality. Thus the issue is a matter of law enforcement efforts to realize these abstract ideas into concrete reality. Inclusion of the right of a defendant to obtain legal aid in the inspection process investigation level in the positive law does not mean that the poem was entitled to them, that the suspect will simply obtain legal assistance from attorneys in the enforcement of legal ideas into reality, there are several factors that influence. These factors can be positive in terms of support, and negative in the sense of inhibiting. An obstacle will result in enforcement of the idea of legal aid can not be realized. Factors affecting the enforcement of legal ideas into reality, that is: (1) substance, (2) the structure and culture (3) the means and facilities. substance associated with the positive aspects of the law that allocates rights legal aid, the structure associated with the institutional mechanism of legal aid providers, the culture associated with the existing values in the circles. institutions, infrastructure and facilities associated with the things that make it possible for an institution to carry out the tasks assigned to him. So although legal aid is certainly one of the rights granted by the positive law, but it's right before the form of abstract ideas.Keyword : Legal Protection, Rights of Suspects, Investigation

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