ORIGINAL RESEARCH ARTICLE | July 3, 2021
Legal Protection for Search and Rescue (SAR) Volunteers in Indonesia
Muhamad Abdullah, Gunarto, Sri Endah Wahyuningsih
Page no 440-445 |
10.36348/sijlcj.2021.v04i07.001
Everyone has the right for the protection of their wellbeing, which includes protection from accidents, disasters, and conditions which may endanger humans, where on eof them are realized through search and rescue in a fast, precise, safe, integrated and coordinated manner in case of an accidents, disasters and other dangerous conditions, as stated in the preamble of Law Number 29 of 2014 concerning Search and Rescue. Accidents, disasters and other dangerous conditions to humans can happen anywhere, anytime and can happen to anyone. As a result, of course it will have an impact both physically and psychologically on both the victim and their family, and to the SAR volunteers who carry out the operation, not to mention other impact like the depletion of natural resources, human capital and social capital, and even institutional capital in an effort to provide protection for victims, families of victims, and also to SAR volunteers. Based on this, the author concludes that the SAR volunteers is in need for legal protection in the form of more concrete legal policies through the issuance of government regulations on duties, powers, responsibilities, and legal protection for SAR Volunteer and/ or reformulating the Act of Search and Rescue to help SAR volunteers who injured the victim due to the rescue process by SAR volunteers so that such action that are often tied to the Article 50 of the Criminal Code is not an act of negligence.
ORIGINAL RESEARCH ARTICLE | July 6, 2021
Constitutionalty Rights in Election: Lesson from the Indonesia Election
Retno Mawarini Sukmariningsih
Page no 446-450 |
10.36348/sijlcj.2021.v04i07.002
The people, in essence, have the highest power with government from, by, and for the people. However, the people cannot implement it in government implementation, so representative democracy emerges. This study aims to find and look for the right formula to maintain people's sovereignty in a democratic general election process. This paper is based on the normative legal research method, which refers to the legal norms in statutory regulations. The results show that guarding the people's sovereignty through democratic elections is the commitment of all components of the nation. Future elections are increasingly complex, such as the alleged existence of dynasties of power, the reach of political education, as well as the recruitment mechanisms of political parties. Not to mention the most powerful using the issue of ethnicity and religion issues as a black campaign. These things will colour the future elections. For the resulting government to gain people's legitimacy, it is necessary to have populist regulations and be escorted by the system through independent organizing institutions, eliminating political dowries and political education for all stakeholders.
ORIGINAL RESEARCH ARTICLE | July 9, 2021
Well-known Trademark Protection in Indonesia: The Essence of Good Faith and Legal Practices
Theresia N.A Narwadan, Ahmadi Miru, Oky Deviani Burhamzah, Winner Sitorus
Page no 451-457 |
10.36348/sijlcj.2021.v04i07.003
The trademark role is important in advertising and marketing a particular business because the public often associates a distinctive image or the quality of goods and services with certain trademarks. This research will analyze the essence of adopting good faith in resolving disputes concerning well-known trademarks in Indonesia. The research adopted normative legal research using statute, cases, and conceptual approaches. The results show that the essence of good faith in well-known trademark dispute resolution is to protect well-known trademark owners who are honest, rational, and have tried to find a trademark's existence. Therefore, their trademark has no essential or overall similarity with other parties to minimize losses. The well-known trademark cases that have been submitted showed that the lack of indicators of good faith resulted in deciding the case. The Commercial Court of Central Jakarta decided based on the subjective of the judge. For this reason, the problem of disputes becomes complicated and complicated can arise when court decisions are inconsistent.
ORIGINAL RESEARCH ARTICLE | July 12, 2021
Reconstruction of Law Enforcement against Crime in Banking Based on Justice Value
Marion Oemar, Mahmutarom, Umar Ma’ruf
Page no 458-464 |
10.36348/sijlcj.2021.v04i07.004
The purposes of this research are to understand the impact of law enforcement in the settlement of banking crimes and to understand the reconstruction of law enforcement in criminal cases that are just. The method used in this research is using a normative juridical approach with a constructivist paradigm used. The Research shows that the impact of law enforcement in the settlement of banking crimes, in general, can lead to problems in various ways or modes because new modes appear in the field of banking crimes, so there are many kinds of banking crimes that have emerged in Indonesia. There is misuse of credit, escaping customer money, establishing a type of banking business without a permit, falsification of demand deposits or savings, falsification of letters of credit, then criminal law enforcement against banking crimes that have not been maximized needs to be increased, because crimes continue to undergo significant additions with very extreme modes. sophisticated, therefore, a Law Reconstruction is needed on Law no. 10 of 1998 Article 29 point 3 by adding that in providing credit or financing based on Sharia Principles and conducting other business activities, banks are required to take methods that do not harm the bank and the interests of customers who entrust their funds to the bank. And in granting credit, a careful assessment is carried out on the character, ability, capital, Collateral, and business prospects of the prospective Customer Recipient of the Facility. Article 37 of the Republic of Indonesia Law No. 21 of 2008 concerning Islamic Banking by adding at the end of the sentence "Eliminating discrimination against users of banking funds so that there is a need for strict screening in granting credit, a careful assessment of the character, ability, capital, collateral, and business prospects of the prospective fund recipient is required".
ORIGINAL RESEARCH ARTICLE | July 20, 2021
Optimization of the Agency of Regional Planning, Development, Research and Development (Bappeda) in Participatory Planning Through Development Planning Consultations (Musrembang) in North Barito Regency
Muhammad Firmansyah, Muhammad Anshar Nur, Ahmad Yunani
Page no 465-470 |
10.36348/sijlcj.2021.v04i07.005
The emergence of participatory development planning is expected to enable the community to analyze and monitor development in their area. One of the characteristics of a good governance system is a government that can involve all people, is transparent and responsible, effective and fair. Development planning which is ideally expected to be able to realize regional characteristics does not materialize in North Barito Regency. This development planning is not sensitive to regional variations so that the solutions offered are not able to answer regional problems. This study aims to analyze the optimization of Participatory Planning by BAPPEDA through the Development Planning Deliberation (Musrembang) in North Barito Regency. The research method used is qualitative research. Data were collected through field observations, interviews with relevant informants, and field documentation. The data were analyzed descriptively. It was concluded that the Bappeda of North Barito Regency in the participatory development planning process through the musrembang in North Barito Regency in 2019 was not optimal.