JURNAL HUKUM MEDIA JUSTITIA NUSANTARA

Perlindungan Hukum Terhadap Seseorang Yang Dipotret Tanpa Izin Untuk Kepentingan Komersial

Laurentius Ervin Ricky Pramudita Laurentius Ervin Ricky Pramudita — 2024-09-05

Copyright has exlusive rights within it wich are regulated in Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta, namely Economic Rights and Moral Rights. Photography is a form of copyright that is protected by law. In the current digital era, photography copyright is a serious problem, so the government must implement these laws seriously. Taking portraits without permission and commercializing them is a form of violation committed by parties who do not bid to gain profit and cause losses to the actual owner of the copyright. With this, the author in his writing wants to know what harm is caused to someone who is photographed without permission for commercial purposes and also to know the legal consequences that arise from photographing people without permission for commercial purposes. This research was carried out using normative juridical research methods which used books, articles, and other legal materials as supporting sources for writing. This research focuses on the losses incurred by the objects in the portraits, giving rise to legal consequences in the form of copyright protection as regulated in law, namely economic rights and moral rights, as well as forms of compensation for losses suffered by the subjects used as portraits the commercialized portrait object.

Perlindungan Tenaga Kerja Security Dengan Hak Kontrak Di Perusahaan Outsourcing Berdasarkan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja

Sri Ayu Astuti Sri Ayu Astuti — 2024-09-05

The Outsourcing (outsourcing) as a provider of workers by another party is carried out first by separating the main work (core business) from supporting work (non-core business) in a written document prepared by company management. In outsourcing, companies using outsourcing services collaborate with outsourcing companies, where the legal relationship is manifested in a cooperation agreement which contains, among other things, the term of the agreement and what areas constitute a form of outsourcing cooperation. This research aims to determine the civil rights of outsourced workers, especially security workers after the enactment of Law Number 11 of 2020 concerning Job Creation. This type of research uses empirical normative juridical research methods. Data processing is presented using qualitative descriptive techniques and data collection is carried out through literature studies and interviews. The research results show that Law Number 11 of 2020 concerning Job Creation does not address the issue of protecting workers from violations of outsourcing practices that have occurred so far, such as violations of wage provisions, working hours and types of work that are outsourced.

Keadilan di Balik Jeruji Kekerasan: Dinamika Putusan Pengadilan dalam Kasus Perceraian Akibat KDRT

Elsa Elvionita Elsa Elvionita — 2024-09-02

This research was conducted to examine divorce cases caused by domestic violence and how the courts resolve domestic violence disputes. Uncontrolled anger can trigger violence, including in the context of Domestic Violence (KDRT). This research uses normative juridical methods to explore the role of the court in resolving marital disputes resulting from domestic violence, including legal, psychological and social aspects. Law Number 23 of 2004 concerning the Elimination of Domestic Violence provides a legal framework to protect victims from various forms of domestic violence, such as physical, psychological, sexual violence and neglect. Courts are expected to function not only as places for resolving disputes, but also as institutions that provide justice and protection for victims and play a role in preventing domestic violence in the future. Therefore, the author is interested in studying this issue to understand the role of the courts in handling domestic violence cases and ensuring more effective protection for victims

INDIKASI PERILAKU EXCESSIVE PRICING PRODUK BAHAN POKOK GULA BERDASARKAN UU NOMOR 5 TAHUN 1999

Monica Angelia Hariono Monica Angelia Hariono — 2024-09-05

The scarcity of sugar supply in the market ahead of Hari Raya is an act of spontaneity by MSME traders to take advantage of the scarcity of sugar in the market by increasing the price of sugar. Although the price is still within the purchasing ability of the community as a whole, it does not rule out the possibility that the price of sugar is burdensome for a number of other small communities. This also implies that if this continues, without any concrete action from the Government, the price of Sugar will reach the Highest Unreasonable Price which allows a large number of people to no longer be able to spend that amount of money just to buy Sugar and this indicates that there has been an Excessive Pricing action by traders in the market or MSMEs (Micro, Small and Medium Enterprises) according to Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.

PERANAN KOMISI PENGAWAS PERSAINGAN USAHA TERKAIT PELANGGARAN PRAKTEK DISKRIMINASI USAHA

Yeti Kurniati Yeti Kurniati — 2024-09-06

The Business Competition Supervisory Commission (hereinafter referred to as the commission) plays the role of supervising and enforcing Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition (hereinafter referred to as the LPM and PUTS Law). This role is carried out by examining, investigating, and even imposing fines on business actors who violate this law, such as in cases of business discrimination carried out by PT. Garuda Indonesia (hereinafter referred to as PT. GI) which has been decided by the commission panel through its decision number 06/KPPU-L/2020, and the business discrimination case carried out by Lion Air Group (hereinafter referred to as LAG) which has also been decided by the commission panel through its decision number 07/KPPU-I/2020. This research examines the role of the commission and fines in the two a quo decisions. The type of research used is normative legal research, with a statutory approach, case approach and comparative approach. The data used is secondary data. The data is then analyzed by carrying out legal interpretation. Research findings show that the role of the commission has not been maximized in the two a quo cases, this can be seen from the light fines for business actors in the two a quo decisions. The fines imposed on business actors are ineffective because they do not take into account the profits received by business actors from their discriminatory behavior. Estimated profits should be the basis for calculations, and the imposition of fines can be adjusted based on the value of the transactions carried out, so that if the amount of the fine imposed is too small, then business actors who act discriminatorily can still gain profits from their behavior, which ultimately leads to the aim of imposing penalties. , namely causing a deterrent effect, being unattainable.

UJI SKEMA POLICYHOLDERS BAIL OUT TERHADAP PERUSAHAAN ASURANSI YANG BERMASALAH

Alexander Zaldy Nugraha Alexander Zaldy Nugraha — 2024-12-02

An Insurance Company is a corporation with a program that offers an agreement between the insurance company and the customer which is useful for helping someone anticipate or minimize the customer's finances when a life risk occurs which can occur at any time, and direct reporting by the Financial Services Authority (OJK) , therefore there is a financial restructuring plan, namely PolicyHolders Bail Out, which is recommended by the OJK for PT. Indosurya Life. The research method used is normative juridical, namely research carried out by referring to legal norms by researching library materials or secondary materials. The research results obtained in this research are that the Policyholders Bail Out scheme has not been regulated in Law no. 14 of 2014 concerning insurance, but this scheme was almost tried by the Indosurya Life company in the context of the insurance company's Financial Restructuring Plan but failed so that the OJK revoked PT's business license. Indosurya Life for the sake of consistency in implementing regulations and protecting the interests of policy holders.

PENUNDAAN BERLARUT (UNDUE DELAY) PENANGANAN PERKARA DUGAAN TINDAK PIDANA PENGHALANG-HALANGAN DAN KEKERASAN KEPADA KERJA PERS: SEBUAH TINJAUAN KRITIS

M. Rizki Yudha Prawira M. Rizki Yudha Prawira — 2024-09-06

Guaranteeing rights to press freedom does not only lie in the existence of laws and regulations to protect it and institutions that specifically implement it, but also in certainty in law enforcement. One of the components of press protection is legal certainty in the investigation and/or inquiry process by the Indonesian National Police (Polri). One of the problems in the law enforcement process is protracted delays, also known as undue delays. According to the Ombudsman Regulation No. 26 of 2017, Article 11 regulates that one form of maladministration is protracted delays where services are provided beyond the time quality standards of the service promise. Based on a report by the Legal Aid Center for the Press, from 2020 to 2022, there were nine cases of suspected criminal acts against the Press that were suspected of undue delay or protracted processes. Based on the report and the pattern of these cases, five were physical attacks where the perpetrators were suspected to have come from law enforcement officers themselves, and the other four were cyber attacks. The research aims to find the cause of this problem, which lies in the provisions of the relevant laws and regulations and at the practical implementation level.