Suchergebnisse

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

An environmental management made for the purpose of obtaining clean and healthy atmosphere is a human right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia. Poor environmental management contributes to the deterioration of the quality of the environment. Therefore, it is necessary to increase its protection and management. Managing the environment for the benefit of rural tourism development is the responsibility of community members who are business actors and the government. The function of the government together with business actors and the community in preserving the environment is a function of public services to ensure that every resident obtains a good and healthy environment. Thus, in the event that business actors or the public fail to carry out their obligations and which are not in accordance with the nature of environmental conservation, the government may hold the business actors and the public accountable, who in carrying out their activities, are negligent in preserving the environment, either administratively, civilly or criminally. Likewise, in the event that the government is proven to have taken actions that are not in line with the provisions of the law on environmental protection and management, they can be held legally liable. This study is qualified as empirical legal research, with the application of several types of approaches, such as a field-based approach, a statutory approach, a conceptual approach, a comparative approach, a case approach, and a cultural approach based on local community wisdom. The results of the study show that environmental management is an effort to carry out responsibilities that are massively difficult, resulting in a decrease in the quality of the environment that is becoming increasingly real. Therefore, in the event that pollution and environmental destruction occur, the perpetrators can be held accountable both in civil law and criminal law. However, in a context like Bali, regulations integrating the values that develop in society in protecting and preserving the environment are an ideal form to protect and manage the environment in a rational way to realize sustainable tourism development.

The existence of the Covid-19 Pandemic, in addition to taking many lives, also has a broad impact on the economy. Many companies experience bankruptcy and layoffs. Only companies that are quick to implement efficiency policies can survive and not give massive losses to the workforce. PT. Bali Maya Permai in this pandemic situation, resulted in employment problems. This study aims to examine the effectiveness of the implementation of industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai and reveals the role of the Jembrana Regency Government in preventing layoffs during the Covid-19 pandemic at PT. Bali Maya Permai. This study is designed using empirical legal research with a sociological juridical approach. The data used are primary and secondary legal data obtained through interview techniques, observation and questionnaires, and archives. Furthermore, the data are analyzed qualitatively. The result of the study shows that industrial relations during the Covid-19 pandemic at PT. Bali Maya Permai is not completely running well because there are still labor problems. The preventive juridical and socio-economic steps taken by the Jembrana district government to prevent termination of employment were not entirely successful, because layoffs were still occurring. In this regard, it is recommended that employers respect the rights of workers so that industrial relations can run well and harmoniously.

Marriage is carried out by a male and female couple to continue their offspring. In marriage, if the husband and wife do not make a marriage agreement, it will have an impact on the marital property, especially if one of the parties is declared bankrupt. This study reviews the legal arrangements for marital property in Indonesia and reveal the legal consequences of marital property in the event of husband/wife bankruptcy without a marriage agreement. This research uses a normative method with a Legislative approach. Law is the object of research. The legal sources used are primary and secondary legal data. Furthermore, the research results are described qualitatively. The results showed that the legal regulation of marital property is regulated in Article 35 of the Marriage Law Number 1 of 1974 Jo. Law Number 16 of 2019 which regulates joint assets and inherited assets, and also in Article 119 of the Civil Code which regulates the unity of assets. The legal consequences of marital property if one of the parties goes bankrupt in the event that the marriage requires a union of assets will result in joint bankruptcy of husband and wife in accordance with the provisions of Article 64 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations.

Number of dental artisans who practice beyond their authority limits. Even so, there are still many who go to dental artisans due to social disparities. There are many cases of violations that cause material and non-material losses to consumers, but health service providers are not responsible. This thesis discusses how to protect consumers and sanctions against perpetrators in the event of malpractice of dental artisans. The purpose of this study was to determine the protection for consumers in the event of malpractice of dental artisans and to know the sanctions against perpetrators of malpractice in dental artisan services that harm consumers. The type of research used is the type of normative legal research, the discussion is carried 0111 by examining legal materials. Analysis of legal materials uses extensive and restrictive interpretations, namely expanding and narrowing the meaning of a law, in addition to using descriptive analysis, namely the exposure of research results. Based on the results of the research, the legal regulation of consumer protection against malpractice of dental artisans which is regulated in the UUP K, the rights of every consumer in Article 4. Dental artisans as business actors have the obligation to comply with laws in this case regarding duties and authorities. Meanwhile, legal sanctions for perpetrators can be divided into 3, namely administrative, civil and criminal sanctions. Therefore, the government needs to carry out regular monitoring of cases like this in the direct field

Circumstances that make people complain about the services provided by PLN are power outages without prior notification. The number of public complaints related to power outages has forced PLN to be confused in fixing the organizational structure, especially in the coordination sector between workers. The purpose of this research is to reveal the legal protection arrangements for consumers of electricity users at PT. PLN (Persero) UP3 as well as legal remedies that can be taken by consumers using electricity in the event of a power outage unilaterally by PT. PLN Persero UP3 South Bali. This research method uses an empirical method with a statutory approach and a case approach. Data collection techniques were carried out by means of field research by applying the interview method. Sources of data used in the form of primary and secondary data sources. The data analysis technique was carried out systematically. The results of the research reveal that the government in terms of providing protection to the public to obtain electricity supply is sufficient to make consumer protection regulations in which there are consumer rights and obligations to obtain justice and are obliged to make appeals from the government in an effort to prevent criminal acts in accordance with positive law in force in Indonesia. The government is dealing with field workers from PLN who intentionally or unintentionally do not notify the public of this rotating power outage and PLN should give a warning to its workers who do not carry out orders according to the SOPs applicable in the company.

We must be aware of cases of crimes of sexual exploitation, especially in children, it is not enough if parents only but the government, society and the Indonesian Child Protection Commission must take a role in maintaining the continuity and protection of children. This new research aims to determine the legal protection of victims in criminal acts of sexual exploitation of children. This research type is normative research with a statutory approach and a conceptual approach. Legal materials consist of primary and secondary, then analyzed systematically. The results showed that legal protection for children from victims of sexual exploitation was given to legal subjects that had preventive or repressive characteristics. Furthermore, legal safeguards are essential to provide justice, order, certainty, benefit. The criminal sanctions given to the perpetrators of a criminal offense, namely for imprisonment for 7 (seven) years, reduced while the defendant is in detention and the penalty will be subject to a fine of IDR. 100,000,000 (one hundred million rupiah).

Selebgrams are celebrities who exist on lnstagram social media accounts and become public figures on lnstagram social media. The viral figure of celebrities on Instagram is used as an opportunity for business people to endorse/promote cosmetic products through Celegram's Instagram account. However, these activities have a negative impact, namely, the products being promoted are illegal goods that do not have permission from the relevant institutions and this can cause harm to consumers. In terms of writing this research the writer discusses two legal issues, namely the legal arrangement for celebrities who endorse/promote cosmetic medicinal products and legal sanctions against celebrities who endorse/promote illegal goods in cosmetic medicinal products. This research aims to determine the regulations and legal sanctions against celebrities who promote illegal cosmetic medicinal products. This research uses the type of normative legal research, Law No. 8 of 1999, Law No. 19 of 2016, and the Civil Code as a legal basis to determine legal arrangements and legal sanctions against celebrities who endorse/promote illegal goods. The problem approach used is the approach by analyzing legislation related to the problem. The results of this study indicate that the imposition of legal sanctions on celebrities is different from business actors who are producers of these products.

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.

The practice of applying chemical substances to fruits to keep them fresh and look fresh is still being discovered. This form of fraud can occur and can pass into the fruit market in Indonesia in the absence of an agency that specifically pays attention to and carries out quarantine. The purposes of this study are to reveal the plant quarantine arrangements in the provisions of the legislation on the supervision and model for imported fruit that will be marketed and consumed by the public. The type of research used in this research is normative legal research. Sources of legal materials used are primary, secondary and tertiary sources of law. The technique of collecting legal materials used in this research is the technique of document study and literature study. After the data is collected, then it is analyzed descriptively. The results of the study show that the regulation of plant quarantine is in the Law of the Republic of Indonesia Number 21 of 2019 concerning Animal, Fish and Plant Quarantine and is also regulated in Government Regulation Number 14 of 2002 concerning Plant Quarantine. The control model for imported fruit to be marketed and consumed by the public is carried out according to the procedure, namely that each carrier medium (plants and their parts and/or other objects) is subject to plant quarantine, physical/visual inspection is carried out and continued with health checks according to the OPTK target.

National integrity and development are strongly supported by the role of traffic and road transportation as a step to improve the welfare of the community. For those who ride motorbikes are required to use a helmet as a cycling equipment as stipulated in article 106 paragraph 8 of Law Number 22 Year 2009 concerning Traffic and Road Transportation. But there is a difference when someone who rides a special motorcycle wearing traditional Balinese clothes. The purpose of this research is to analyze the level of compliance of motorcycle riders in using helmets and analyze the obstacles of the police in upholding the law against violations while dressed in Balinese custom. The method used in this study is an empirical legal approach which is done by interacting directly with the object under study with a sociological and legislative approach. The technique used in collecting data is semi-structured interviews. The results of this study indicate that the level of compliance of the Tabanan community in traffic is still low because seen from data from 2016 to 2018 the number of violations tends to increase with the number of violations in 2016 as many as 1394 in 2017 as many as 1186 and in 2018 as many as 2424 violators. Even though in 2017 there has been a reduction in violations, it can still be said that the number of violations not wearing helmets in Tabanan Regency remains high, this reflects that the level of community awareness in Tabanan is still low. 2) The obstacles of the police in law enforcement against violations when dressed in Balinese custom are the lack of public awareness about understanding driving on the road, lack of facilities and infrastructure, lack of traffic police personnel.

This research is motivated by the development of technology playing an important role in the establishment of companies in various regions in the territory of the archipelago, namely the Republic of Indonesia, one of which is a Limited Liability Company. This study aims to determine the arrangement of electronic signatures in the General Meeting of Shareholders of Limited Liability Companies and to find out the legal consequences of the signatures conducted electronically in the deed of decree of the General Meeting of Shareholders of Limited Liability Companies. The method used in this research is the normative research approach is legislation. Then, the data that has been analyzed are presented in an informal form, through the words described in paragraphs. The results of this study address that the regulation of electronic signatures in the deed of the decision of the decision of the general meeting of shareholders of the Limited Liability Company through tracing and transformation according to structured translation by reasoning based on logic that electronic information or electronic documents and / or printouts can be used as evidence legal law, which is also an expansion of legal legal evidence based on the provisions of article 11 jo. Article 5 of the Law. Therefore, the evidence according to the procedural law above made in the form of electronic information or electronic documents, is valid evidence under the Electronic Information and Transaction Law, so that all electronic transactions that utilize electronic media produce electronic signatures that are loaded on the deed of determination of the results of the GMS decision, the Limited Liability Company can be considered as a deed. Then, due to the legal signature that was carried out through electronic media the outcome of the determination of the GMS had a legal impact on the legalization status of the deed which according to the relevant Act was declared valid insofar as the deed was seen as a deed under the hand.

At present, there are cases of persons with disabilities being employed in a retail company in the Bali area. The Manpower Act provides provisions for companies to employ people with disabilities. Therefore, companies are required to provide accessibility. This research was conducted with the aim of describing the implementation of legal protection for workers with disabilities at PT. Sumber Alfaria Trijaya based on Law Number 13 2003 and the factors that become obstacles in the application of legal protection for workers with disabilities at PT. Source Alfaria Trijaya. The research method used is an empirical legal research method with a factual approach and a statutory approach. Based on the results of data analysis, the implementation of legal protection provided by PT. Sumber Alfaria Trijaya towards workers with disabilities has not been fulfilled, namely in terms of providing qualified accessibility. Several factors inhibiting the implementation of legal protection efforts for workers with disabilities, namely the law enforcement factor itself and the community factor. So the government is expected to further optimize the supervision of companies that have not implemented the mandate of the law and provide socialization and guidance to companies and workers on the importance of rights and obligations.

The outbreak of the COVID-19 pandemic has devastated the Bali tourism industry. In response to this, the Government issued a New Normal Era Tourism policy, especially in reconstructing the empowerment of local tourism. This study discusses the management of new normal era tourist destinations in empowering local communities in Kesiman Kertalangu Village, Denpasar City. The purposes of this study are to reveal the governance model of new normal era tourist destinations in Kesiman Kertalangu Village, Denpasar City and the role of the Kesiman Kertalangu Village Government in empowering local communities in managing new normal era tourist destinations. The research method applied is empirical research with a sociological approach. The data collection technique was carried out using observation techniques through interviews with informants and respondents. The sources of legal materials used are primary and secondary legal sources. The legal material analysis technique used is descriptive analysis technique. The results of this study reveal that the new normal era tourism destination management model in Kesiman Kertalangu Village is carried out in collaboration between the Village Government and BUMDes and investors by implementing health protocol management according to procedures. The role of the Kesiman Kertalangu Village Government in empowering local communities in the management of tourist destinations is proven by involving BUMDes and forming Village Regulations and Perbekel Regulations as legal protection for the management of tourist destinations that prioritize the empowerment of local communities, especially in the new normal era.

In general, when someone carries out a loan to a bank or company, an agreement will be made that has been agreed by both parties. In this case, there is an agreement but it does not written in the paper. The purpose of this research is to analyze the validity of the oral credit agreement with the car pawn guarantee and the implementation of the good faith principle in the oral credit agreement with the car pawn guarantee. The type of the research used is empirical by using primary data sources and secondary data obtained from field research, literature and legislation relating to the issues. The data collection techniques are carried out by recording and documentation. In order to get a clear explanation, the data is analyzed and presented qualitatively. The result of the research reveals that the credit agreement made orally by Party 1 and Party 2 had fulfilled all the provisions of the validity of the agreement under Article 1320 of the Civil Code. There is an agreement to carry money off by guaranteeing a Toyota car. Party 1 has carried out in good faith the matters agreed in the agreement made together with party 2 without any violation by making repayments of the loan he made to Ketut in the amount of 30% of what was agreed within 5 months with interest on the loan at 10% per month