Lex Veritatis

ANALISIS YURIDIS PENERAPAN PRINSIP ORIGINALITAS SEBAGAI SYARAT PERLINDUNGAN HUKUM HAK CIPTA DESAIN LOGO

Cindhy Putri Anindhyta — 2024-05-31

The advancement of Science and Technology has renewed the scope of wealth, which was originally only in the form of tangible wealth, into tangible and intangible wealth. Intangible wealth is realized in the form of Intellectual Property. There are various types of intellectual property, one of which is Copyright. One of the requirements for a creation to be protected by copyright is originality. Originality is one of the fundamental principles of copyright protection, because originality is closely related to the form of embodiment of a work. In Decision Number 14/Pdt.Sus Hki/Cipta/2021/Pn Niaga Jkt.Pst, the Defendant's logo design creation has similarities with the Plaintiff's creation which has been protected by IP and published first. In this case, the Ministry of Law and Human Rights of the Republic of Indonesia, specifically the Directorate General of Intellectual Property was declared as a Co-Defendant because it had granted Copyright protection to the Defendant's creation, which should not have been granted because it violated the principle of originality. In this study, the main problem is how the application of the principle of originality as a condition of legal protection of copyright on works in the form of logo design and how the analysis of judges' considerations related to the Copyright Originality Principle. This research is a normative juridical research type that is descriptive analytical so that primary data sources and secondary data sources are analyzed qualitatively. The theoretical basis refers to Article 1 paragraph 1 Jo Article 3, Article 40, Article 64 of Law Number 28 of 2014 concerning Copyright. The results of the research on the application of the principle of originality as a condition of copyright legal protection on works in the form of logo designs can use the Substantial Similarity principle approach and Independent Creations and Analysis of judges' considerations related to the Principle of Copyright Originality is the principle of Substantial Similarity where a creation is taken in substantial part by looking at the similarity of the physical form of the two logos belonging to the Plaintiff and the Defendant. The judge argued that the difference lies only in the presence of writing, while the basic form is exactly the same, which is the appearance of a person riding a horse

ANALISIS YURIDIS TERHADAP PERKARA PIDANA DALAM PROSES JUAL BELI TANAH SERTA BALIK NAMA SERTIFIKAT MELALUI PPAT DALAM KASUS KELUARGA NIRINA ZUBIR

Popy Lorenza — 2024-05-31

Putusan Nomor 248/Pid.B/2022/PN.Jkt.Brt. Merupakan putusan dari kasus tindak pidana pemalsuan
dokumen sertifikat hak milik tanah dan pencucian uang yang dilakukan oleh Pejabat Pembuat Akta
Tanah (PPAT). Pokok permasalahan adalah akibat hukum peralihan hak yang tidak sesuai dengan
peraturan dan pertimbangan hakim terhadap tindak pidana tersebut. Penelitian ini adalah yuridis
normatif dan bersifat deskriptif analisis. Mengacu kepada Kitab Undang-Undang Hukum Pidana dan
Undang-Undang Nomor 8 Tahun 2010 tentang Tindak Pidana Pencucian Uang. Hasil penelitian ini
adalah Terdakwa dijatuhkan sanksi pidana penjara masing-masing selama 2 Tahun 8 Bulan dan denda
masing-masing satu milyar rupiah dan pertimbangan hakim berdasarkan bukti-bukti dari Jaksa
Penuntut Umum serta terpenuhinya unsur-unsur pasal yang didakwakan atas tindakan para Terdakwa.

ANALISIS YURIDIS AKIBAT HUKUM DISPARITAS PUTUSAN PENGADILAN NEGERI, PENGADILAN TINGGI DAN MAHKAMAH AGUNG DALAM KASUS PENGGELAPAN

Uswatun Khasanah — 2024-05-31

Disparitas dalam pemidanaan dapat terjadi dalam putusan hakim. penelitian ini membahas faktor terjadinya disparitas terhadap perkara penggelapan dalam Putusan Nomor 65 PK/Pid/2021, pertimbangan hakim, dan dampak dari disparitas. Tipe penelitian ini ialah yuridis normatif dan deskriptif analisis. Teori yang digunakan adalah teori kepastian hukum, keadilan, dan pemidanaan. Kesimpulan dalam penelitian yaitu faktor penyebab terjadinya disparitas pidana ialah kekuasaan kehakiman. Hakim juga memiliki pertimbangan yuridis dan non-yuridis, serta dampak nya yang variatif dalam lingkungan khusus maupun umum. Pedoman pemidanaan dalam penjatuhan pidana dapat membantu mengurangi disparitas putusan, serta hakim harus bersikap profesional sehingga keputusan yang dihasilkan dapat memenuhi rasa keadilan, serta ada aturan yang pasti dalam memutuskan suatu kasus.

ANALISIS YURIDIS TERHADAP SANKSI TINDAK PIDANA KEKERASAN PSIKIS DALAM RUMAH TANGGA DITINJAU DARI PERSPEKTIF TEORI KEMASYARAKATAN DAN HUKUM ISLAM

Qhori Annissa Nurhawa — 2024-05-31

The aim of this research is to determine the factors behind the occurrence of psychological violence in the household perpetrated by children against their parents and to determine the sanctions for criminal acts of psychological violence perpetrated by children against their parents. The research method used is normative juridical with descriptive analytical research characteristics. The results of research regarding the factors behind the occurrence of domestic psychological violence perpetrated by children against their parents in this decision are communication and trust factors, which cause disputes between the defendant who is the victim's biological child. Regarding the sanctions applied to the defendant, he was sentenced to probation for 6 (six) months. According to researchers, these sanctions are not in accordance with justice from the perspective of social theory and Islamic law. The suggestions are to establish good communication in building and carrying out family life and to impose criminal sanctions on perpetrators of acts of domestic violence taking into account the purpose of the punishment as well as other perspectives such as society and Islamic law.

PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA JUVENILE DELINQUENCY DI KOTA TANGERANG

Shela Aprillya Sari — 2024-05-31

Restorative justice is the concept of resolving a criminal case carried out in a non-litigation manner. The resolution can take the form of deliberation involving the victim, perpetrator, family of the victim and perpetrator, the investigation team, the community and other parties involved in a criminal act that occurred to reach an agreement and resolution. However, in reality, in the Tangerang City area, the application of restorative justice is still little used by the community. Based on the problems that occur, the research method is carried out through research specifications that are descriptive analysis, with a normative juridical approach method by applying existing laws and regulations. It can be concluded that the implementation of restorative justice/diversion in resolving children's cases in conflict with the law is a form of solution for resolving children's cases through deliberation involving the parties concerned to recover the losses that have been caused through sanctions in the form of compensation.

ANALISIS YURIDIS PENERAPAN SANKSI PIDANA DALAM UPAYA PENANGANAN KEJAHATAN KEKERASAN SEKSUAL TERHADAP ANAK DIBAWAH UMUR

Yuni Kartika — 2024-05-31

Crimes of sexual violence in Indonesia are currently very worrying, especially those that occur among children who will become this nation's young generation. The problem is how to apply the law to perpetrators of crimes of sexual violence against children based on the law in force in Indonesia based on Decision Number 1922/Pid.Sus/2022/PN Tng. The aim of this research is to determine legal protection for children who are victims of sexual violence and criminal sanctions against perpetrators of crimes of sexual violence against children based on Law Number 23 of 2002 concerning Child Protection. This research is normative juridical in nature which refers to literature, document studies and the Criminal Code relating to the formulation of the problem. The results of this research are that the judge's decision to impose criminal sanctions in Decision Number 1922/Pid.Sus/2022/PN is still inadequate because the sentence is too light, 9 (nine) years, which is not commensurate with the provisions of article 82 paragraph (2) of Law Number 23 of 2002 concerning Protection of children who are subject to a maximum sentence of 15 (fifteen) years.

PERTANGGUNGJAWABAN SIPIR TERHADAP NARAPIDANA YANG MELARIKAN DIRI DARI LEMBAGA PEMASYARAKATAN KELAS I TANGERANG

Muhammad Fahmi Adji Saputra — 2024-05-31

Abstract

It is undeniable that there are many problems that arise in the implementation of correctional training in Indonesia, one of which is the management of the prison or detention center itself, such as the presence of escaped convicts. Since 2019-2022 there have been 2 (two) cases of escaped convicts at the Class 1 Penitentiary in Tangerang. The problem in this research is how the responsibility of the warden is towards prisoners who have escaped from the Tangerang class I penitentiary and what are the obstacles faced by the leadership in carrying out the punishment rules for wardens who are negligent in guarding the escaped convicts in the Tangerang class I penitentiary. This research method uses qualitative research methods. The type of research used is empirical juridical. Data collection techniques use field study research and literature studies and obtain primary data and secondary data. Data analysis uses qualitative data. The theoretical basis used is the theory of justice and the theory of criminal responsibility. The results of the study concluded that if the criminal elements such as negligence and/or intention were fulfilled, they were subject to criminal sanctions under Article 223 of the Criminal Code and 426 of the Criminal Code, if the criminal elements were not fulfilled, they would be subject to disciplinary punishment as in Law No. 53 of 2010 concerning Discipline for Civil Servants. The obstacle faced by leaders in imposing punishment is the lack of human resources which causes criminal sanctions, suspensions, or dismissal of wardens to have a greater impact on prisons

Keywords: Warden; Convict; Escape; Penitentiary.

PENEGAKAN PERATURAN DAERAH NOMOR 7 TAHUN 2018 TENTANG RETRIBUSI PERSAMPAHAN DI KECAMATAN BATU CEPER

Siti Khumaeroh — 2024-05-31

Garbage accumulation is not an easy thing to overcome. The Tangerang City Government urges the public to throw away rubbish at the TPS that has been provided. Apart from that, the government has also established regional regulations regarding cleanliness fees which are regulations to optimize the means of transporting waste from TPS to TPA. The problem that will be discussed in this research is how to enforce Regional Regulation Number 7 of 2018 concerning Waste Levy in Batu Ceper District and what obstacles the Tangerang City government faces in enforcing Regional Regulation Number 7 of 2018 concerning Waste Service Levy. This research method is of a normative-empirical juridical type, while the theoretical basis refers to Regional Regulation Number 7 of 2018 concerning waste levies. The results of the research conclude that enforcement of Regional Regulation Number 7 of 2018 concerning Waste Levy has gone quite well and the Tangerang City Government is implementing the ETPD program to make it easier for the public to make transactions, but there are many obstacles faced. is being faced. is being faced. occurs so that enforcement of regional regulations becomes hampered

ANALISIS YURIDIS TENTANG PENJATUHAN PIDANA DAN PENETAPAN BARANG BUKTI TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA MEMBUJUKANAK MELAKUKAN PERSETUBUHAN SECARABERLANJUT

Silvia Silvia — 2024-05-31

Criminal punishment is intended to cause suffering to the offender, regardless of whether the suffering is related to the victim's suffering or not. The aim of the research is to find out the criminal penalties for perpetrators of the crime of persuading a child to have continuous sexual intercourse committed by the child in case Number 13/Pid.Sus-Anak/2019/PN.Srg and the determination of evidence in the criminal act of persuading a child to have continuous sexual intercourse which is committed by a child in case Number 13/Pid.Sus Anak/2019/PN.Srg. This research method is Normative Juridical, namely a process for finding legal rules, legal doctrines to answer the legal problems faced. This research is descriptive analysis. The results of the judge's research only gave action in the form of returning the
perpetrator to his biological parents.

ANALISIS YURIDIS PENERAPAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN I BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009

Muhamad Awaludin Jamil — 2024-05-31

The implementation of the law on narcotics abuse in Indonesia still does not fully meet the aspects of justice and expediency because there are still many law enforcement officials who are less thorough in deciding sentences against defendants who abuse narcotics. The purpose of this research is to determine the application of the law to perpetrators of the crime of narcotics abuse, Category I, based on Law Number 35 of 2009 concerning Narcotics. and to find out the judge's considerations in deciding the criminal act of Narcotics abuse Class I based on Decision Number: 165/Pid.Sus/2020/PN Lbp. The research method used in this research is normative juridical. From the results of research on narcotics cases decision Number 165/Pid.Sus/2020/PN Lbp, law enforcement officials are still wrong in deciding narcotics abuse cases because there are still many narcotics addicts who are not rehabilitated but are sentenced to prison.