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 Numbers : 465-470
DOI : 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.
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 Numbers : 458-464
DOI : 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 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 Numbers : 451-457
DOI : 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 6, 2021
Constitutionalty Rights in Election: Lesson from the Indonesia Election
Retno Mawarini Sukmariningsih
Page Numbers : 446-450
DOI : 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 3, 2021
Legal Protection for Search and Rescue (SAR) Volunteers in Indonesia
Muhamad Abdullah, Gunarto, Sri Endah Wahyuningsih
Page Numbers : 440-445
DOI : 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
June 24, 2021
The Importance of Trademark Registration to Obtain Legal Protection in Indonesia
Taufiq
Page Numbers : 428-432
DOI : 10.36348/sijlcj.2021.v04i06.013
Act No. 20 2016 About the Brand and Geographical Indications, the Brand is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, the arrangement of colors, in the form of 2 (two) - dimensional and/or 3 (three) dimensions, sound, hologram, or a combination of the 2 (two) or more elements of the set barag and/or services produced by a person or legal entity in the trading of goods/services. Rights to the Brand are obtained after the Brand are listed. The first Registration of the brand is a legitimate proof of the registered trademark. A trademark registration is also useful as a basis for rejection of the same brand its entirety or be in anyway that is requested by others for similar goods or services. In fact, in the implementation of the can't be done easily because not all the brand owners do the registration of the brand. This leads to brand not get legal protection, so it is very easy occurrence of violations of the use of the brand without the right of that harm the owner of the brand. Factor the brand owner did not register the brand, namely the owner of the brand is still low awareness of the law against the norms. Therefore, the other party can not use the registered trademark without the consent of the owner. If the brand that has been registered is not used in accordance with the provisions set out in the legislation, will result in registration of the mark concerned was abolished. Both Brands as assets of the company will be able to generate huge profits when utilized with attention to aspects of business and management good management. With the growing importance of the role of this brand then the brand need to put the protection of the law; as the object which it related rights of the individual or legal entity.
Original Research Article
June 24, 2021
Reposition of Local Genius in Batang Environment Society on Behalf of Indonesian Government Regulation of Giant 1000 MW Steam Power Plant Building
Achmad Suharto
Page Numbers : 433-439
DOI : 10.36348/sijlcj.2021.v04i06.014
The construction of 2 X 1000 MW Steam Power Plants (PLTU) in Ujung Negoro Village, Karanggeneng (Kandeman District), and Ponowareng (Writing District) which is planned to have been implemented starting in 2011, since the tender was won by J. Power, Itochu and Adaro who later formed PT. Bhimasena Power Indonesia, which is expected to start operating in 2016, has encountered various obstacles, causing it to withdraw from the schedule that has been set. This delay is due to land acquisition by PT. Bhimasena Power Indonesia experienced obstacles in the form of refusal from the community to sell their land for the benefit of the Steam Power Plant (PLTU) Project in Batang Regency. The approach used in this research is socio legal research, because to know a comprehensive picture of the Reconstruction of Environmental Management in the Construction of PLTU in Batang Regency. “The study of law as law in action is a non-doctrinal and empirical social science study.
