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Sinergi International Journal of Law
Published by YAYASAN SINERGI KAWULA MUDA
ISSN : -     EISSN : 30217989     DOI : https://doi.org/10.61194/law
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sinergi International Journal of Law with ISSN Number 3021-7989 (Online) published by Yayasan Sinergi Kawula Muda, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability of law to aid in the recording and interpretation of international law practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
The Implementation of The Death Penalty Execution After A Final Verdict In Indonesia: Analysis of Supreme Court Decision No. 2 K/Pid. Sus/2007 Aditya Prima Danny
Sinergi International Journal of Law Vol. 1 No. 1 (2023): Mei
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i1.41

Abstract

In the realm of public knowledge, capital punishment is recognized as a severe and, at times, inhumane form of criminal punishment. This implies that individuals tend to be hesitant when faced with the impending reality of their own death, understanding that the ultimate decision lies in the hands of a higher authority. Consequently, individuals should be conditioned to become accustomed to the idea of witnessing and possibly experiencing the brutality, cruelty, and injustice associated with capital punishment. While these elements may instill fear, it is important to recognize that the death penalty holds an equal standing with other punitive laws. Its purpose lies in achieving national peace, security, and societal well-being.
Legal Compliance of Education Providers Against Article 53 Paragraph (1) of Law No. 20 of 2003 Concerning the National Education System (Case Study: M3 Vocational High School) Cici Paramitha Simamora; Amin Songgirin
Sinergi International Journal of Law Vol. 1 No. 1 (2023): Mei
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i1.42

Abstract

Article 53 paragraph 1 of the 2003 law concerning the National Education System is the absence of compliance caused by internal foundation conflicts so that legal compliance is legal compliance with Education Providers Against Article 53 Paragraph (1) of Law No. 20 Year drafted by Soerjono Sukamto related to Compliance, identification , internalization is not described at all related to SMK M3. Legal compliance was not carried out due to a foundation conflict which has also not received legal certainty to date. The problem in this thesis is how the M3 Vocational High School's Legal Compliance Against Article 53 Paragraph (1) Law No. 20 of 2003 Concerning the National Education System What is the legal standing of M3 Vocational High School Against Article 53 Paragraph (1) Law No. 20 of 2003 concerning the National Education. The research method used is research on the legal standing of the M3 Vocational High School against Article 53 Paragraph (1) of Law No. 20 of 2003 concerning the National Education System. The research method used is empirical research using field data. Data analysis was carried out in a qualitative normative way. The results of the study show that the government's indecisiveness towards educational institutions that do not use legal entities is of course based on history, meaning that this M3 school was founded before the foundation conflict was not a new school establishment. According to the author, the government also prioritizes students' rights in pursuing education and indirectly private schools are schools that assist the government in educating the nation's children.
Reinterpretation of the Meaning of Bait Al-Māl: Study of the Compilation of Islamic Law Articles 191 and 171 Letter I Amin Songgirin
Sinergi International Journal of Law Vol. 1 No. 1 (2023): Mei
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i1.43

Abstract

This research discusses the reinterpretation of the meaning of the bait al-māl through a normative-descriptive method with several approaches, namely regulatory analysis, language and double movement theory (looking at the historical background-events and conditions of society), to be seen in the present context. The interpretation of the meaning of the bait al-māl actually places the role and function of the Prophet Muhammad SAW, both as an institution and manager, so that in the present context, the institution is an institution that manages and develops the assets of Muslims, the results are used for the benefit of meeting the basic needs of life and the welfare of the Muslim community. (especially the group of orphans, the poor, the neglected, many in debt due to the basic necessities of life, and ibn sabīl) and non-Muslims. In respect of inheritance for which there are no heirs, the management institution must understand that it represents the eternal nature of the property and the distribution of its benefits is intended only for the welfare of Muslims, as is the nature of inheritance.
Legal Protection of Well-Known Brands in Different Classes of Goods Case Study of Starbuck Corporation (Analysis of District Court Decision No: 51/Pdt.Sus/Merek/2021/PN Niaga Jkt.Pst Juncto Supreme Court Decision Number 836 K/Pdt.Sus-HKI/2022) Ari Suswandaru; Abdussalam Ali Ahmed
Sinergi International Journal of Law Vol. 1 No. 1 (2023): Mei
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i1.44

Abstract

Mark is a part of Intellectual Property Rights (HKI) which functions as a differentiator between one product and another, and a sign to identify the origin of goods and services. Not infrequently there are parties who have bad intentions to find shortcuts to success by piggybacking on the reputation (passing 0ff) of a well-known brand. Even though this has been regulated in Indonesia, it cannot be separated from the problem of infringement of trademark rights which has led to disputes in court, one of which is a trademark dispute between STARBUCKS CORPORATION and PT. SUMATERA TOBACCO TRADING COMPANY. The purpose of this study is to find out the regulation of trademarks and geographical indications governing well-known brands, how is the legal protection of well-known brands when there are registrations of other brands which have divisions into different classes, and how is the legal protection of the Starbuck brand, which has similarities in principle to the Starbuck brand registered in a different class, case study of District Court decision No: 51/Pdt.Sus/Merek/2021/PN Niaga Jkt.Pst Juncto Supreme Court decision No: 836K/Pdt.Sus-HKI/2022. The approach used is a normative juridical approach, and is descriptive in nature with secondary data sources which include primary, secondary and tertiary legal materials. The technique used in library research uses qualitative methods. The results of the study found that the lawsuit between the Plaintiff's Starbucks brand and the Defendant's Starbucks brand had similarities in principle. The researcher is of the opinion that the panel of judges is right in giving their legal considerations, namely there are similarities, similarities in the form of arrangement and number of letters, as well as the similarity in sound and assessment of the Plaintiff's Starbucks brand with the Defendant's Starbucks brand.
Analysis Of The Effectiveness Of Law Enforcement In The Framework Of Improving Taxpayer Compliance At Jakarta Kelapa Gading Service Office Sherly Nurjanah; Novianita Rulandari; Ibrahim Abubakar
Sinergi International Journal of Law Vol. 1 No. 1 (2023): Mei
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i1.45

Abstract

The purpose of this study is to determine the effectiveness of law enforcement in order to increase taxpayer compliance at the Jakarta Kelapa Gading service office. Tax law enforcement is carried out by way of supervision, tax audit, tax investigation, and tax collection. This study uses a qualitative method with a descriptive approach. Based on the results of this study, there are still taxpayers who have not carried out their obligations in reporting SPT and paying their taxes, so that taxpayers are still subject to administrative sanctions.
The Lenient Sentencing of Corruptors from the Perspective of the Judicial Power Hamdan Nurrohim
Sinergi International Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i2.74

Abstract

The conditional sentences for corruptors are considered too lenient and not in line with the law. However, judges have the freedom to choose the type of punishment and sentencing that suits their discretion because, in the positive criminal law principles in Indonesia, there is the use of alternative criminal sanctions alongside the adoption of a minimum, maximum general, and maximum specific criminal system within each criminal offense. This study is dissected using juridical-normative analysis based on the law. Its aim is to provide criticism of the rationale in deciding a case, thereby ensuring a sense of justice is fulfilled.
The Appeal for People's Power: Legal Perspectives In The 2019 Presidential And Vice-Presidential General Elections Slamet Riyady
Sinergi International Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i2.75

Abstract

On April 17, 2019, Indonesia conducted a simultaneous general election involving five ballots for various political offices. The objective was to reduce election costs and improve efficiency. Despite a well-established electoral system, certain political elites contested the results using calls for 'people power.' This research aims to examine the legal implications of such calls and their compatibility with the law. Using a normative approach and legal behavior case studies, this study utilizes primary data from laws and secondary sources, such as books on democracy and freedom of expression. The theoretical contribution lies in clarifying that freedom of expression should not be considered seditious, as sedition entails efforts to overthrow the government. However, if demonstrators violate regulations, particularly Article 6 of the Freedom of Expression Law, it may be considered sedition. It is recommended to handle the results of the presidential and vice-presidential elections maturely by entrusting them to the competent authority, the Constitutional Court.
Legal Protection for Customer Funds Against False Accounting by the President Director of PT. BPR Kuda Mas Sentosa (Case Study Decision Number: 457/PID/2019/PT SBY) Risky Waldo
Sinergi International Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i2.76

Abstract

Banks, as financial institutions, function as both aggregators and distributors of funds from the public. In the interest of security, people often opt to deposit their money in banks. Various banking products are offered, including current accounts, fixed deposits, certificates of deposit, and savings accounts. However, banks sometimes commit violations that result in losses for their customers. The relationship between banks and customers is based on contractual agreements. This research is conducted due to cases involving the disappearance of customer savings within PT. BPR KUDA MAS SENTOSA in Porong, Sidoarjo, involving internal bank actors. Banking laws do not explicitly address the bank's responsibility when it acts beyond its authority. It is essential for banks, as parties with a relationship between them and customers, to provide legal protection for customers. This study falls under normative legal research, using primary, secondary, and tertiary legal materials collected through literature review. Qualitative analysis is employed, focusing on legal regulations and case studies, examining how these norms are applied in banking practices. The findings reveal that banks, being institutions trusted by the public, must be held accountable for the loss of customer savings, as failing to do so erodes the trust placed in them by the public. Customers are entitled to legal protection, which banks must provide as part of their responsibilities.
The Validity of Informed Refusal With Elements of Forced Discharge of COVID-19 Patients From Hospitals, as Reviewed in Accordance With Law No. 29 of 2004 on Medical Practices, in Conjunction With Law No. 4 of 1984 on the Prevention of Infectious Diseases Agus Purwanto
Sinergi International Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i2.83

Abstract

Health is a vital aspect of human life. Covid-19 has had a significant impact on the Indonesian population, particularly on their health. During this period, the healthcare profession has come under intense scrutiny due to its direct involvement in healthcare. In the management of the Covid-19 pandemic, challenges have arisen, notably the high number of patients or their families requesting forced discharge before recovery. The research problem and objectives revolve around the validity of informed refusal with elements of forced discharge at the request of Covid-19 patients from hospitals and the legal consequences for both patients and doctors. The research methodology employed is empirical juridical, with primary data collected through questionnaires at a private hospital in West Jakarta, complemented by references from various sources, including books, journals, and legal regulations. Data analysis was conducted using a qualitative normative approach. The research findings indicate that cases of forced discharge following a Covid-19 diagnosis persist despite the existence of regulations such as the Health Law and the Law on the Prevention of Infectious Diseases. In conclusion, informed refusal does not constitute an agreement but rather a unilateral statement by the patient to the hospital and/or doctor. Consequently, full responsibility lies with the patient, as there are currently no regulatory provisions or prohibitions allowing patients to voluntarily leave the hospital, even if the patient's condition has not been assessed as fully recovered by the hospital or doctor.
Implementation of Government Policy in Arranging Green Open Space in the City of Semarang Ilham Al Giffari
Sinergi International Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i2.84

Abstract

Green Open Space (RTH) is an urban element that is very important to support all activities and life of the population. Basically, green open space is a natural element that plays an important role in creating a city that is proportional and environmentally friendly. According to the provisions in force, the proportion of green open space in urban areas is at least 30%. This step was taken by the government to ensure the balance of urban development. This study aims to describe the implementation of management policies and constraints in the arrangement of green open spaces in the city of Semarang experienced by the Spatial Planning Office and the Settlement and Housing Area Office of Semarang City. The approach used in writing this law is empirical juridical. In using the empirical juridical method, two approaches are used, namely the interview approach and field observations. In general, this interview approach uses trusted sources related to the problem being studied. Whereas in the direct observation approach the researcher goes directly to the field in researching the problems that are happening. Based on research results obtained in 2021 the area of public and private green open space is 1,042 ha and 4,025 ha private (15% of the city area) and in 2022 the area of public and private green open space is 2,580.585 (20.07% of the city area) ). It then explains the role of the Semarang City Government through the Spatial Planning Office and the Housing and Settlement Area Office in carrying out the implementation of the green open space arrangement policy. Next, the obstacles and solutions faced by the Semarang City Government will be explained in carrying out urban green open space planning.

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