Legality of Construction Working Contracts as an Formil Agreement

The tendency of brands that have sprung up in Indonesia has given rise to unhealthy competition so violations have often sprung up. The problem faced is how to resolve dispute cases in Central Jakarta Commercial Court Decision No.15 / PDT.SUS / MEREK / 2015 Jo Cassation Decision No.557K / PDT.SUS-HKI / 2015 regarding the famous brand pierre cardin based on uu brand and legal protection against the owner of the famous brand Pierre Cardin of France for the registration of the Indonesian pierre cardin trademark received by the Directorate General of IPR. The research method used in this paper is a normative legal research method. Normative legal methods are research methods that use literature to discuss existing legal issues. Result research show that Central Jakarta Commercial Court Decision Number 15 / PDT.SUS/MEREK/ 2015 Jo Cassation Decision Number 557K / PDT.SUS-HKI / 2015 and Decision Number 49PK / Pdt.Sus-HKI / 2018 related to Pierre Cardin's trademark dispute not in accordance with the laws and regulations especially the Trademark Law p rotection of trademarks is specifically regulated in Articles 68 and 76 Paragraph (1) of the old Trademark Law and Articles 76 and 83 Paragraph (1) of the New Trademark Law. This article facilitates trademark owners if a violation occurs against their trademark, the trademark owner can file a lawsuit to the Commercial Court or with an alternative dispute resolution. Regarding the decision, the judge has not obeyed the norms governing the mark and the judge has violated the trademark rules.

Law is one of the social sciences and a field that citizens most frequently encounter in their daily lives. Despite this, legal research methods are primarily limited to literature reviews, and it is challenging to find quantitative research methods such as surveys that meticulously capture and reflect the thoughts, opinions, and intentions of the public. Legal scholars may believe that their thoughts and opinions sufficiently represent those of the public, but this can be considered intellectual arrogance. Since the overall thoughts and opinions of the public are constantly changing, laws must be created or interpreted based on frequent and comprehensive understanding of these changes. Only then will the public accept and respect the law. Of course, introducing surveys as a legal research method does not mean that all legal issues can be resolved solely based on survey results. Adjustments must be made considering the specialized theories of law and fairness with other issues. However, the current research methods that do not reflect the public's opinions at all must be improved. For this to happen, scholars and practitioners of law need to explain legal terms in simple and clear language so that the general public can understand them. Then, they should ask the public for their opinions on these explanations. Additionally, law must be approached and understood as a field accessible to everyone. The current research methods, which make law seem inaccessible to the general public through complex and difficult terminology and explanations, are both arrogant and inefficient. Legal research methods need to become more democratic and open. The public should be able to think and deliberate on legal issues so that the law can be democratic, reasonable, and truly authoritative. This way, the law can become more approachable, gaining trust and acceptance from the public. Moreover, the introduction of surveys in legal research goes beyond merely collecting public opinions; it can serve as a crucial means of developing law as a ‘science.’ Surveys systematically collect and analyze the opinions and experiences of various social groups, providing empirical evidence for legal research. This significantly contributes to enhancing the validity and acceptability of the law. Quantitative data obtained through surveys play a critical role in analyzing the correlations and causalities between social phenomena. These data, combined with advanced statistical techniques, can offer precise interpretations of social phenomena. For example, statistically analyzing the impact of a specific law after its enactment can evaluate the law's effectiveness. This approach goes beyond mere textual or theoretical analysis, enabling a concrete understanding of the law's role and impact through actual social outcomes. Even though law has normative characteristics, these norms must be based on reality, requiring the reflection of the public's actual thoughts and behaviors. Surveys allow legal scholars to verify abstract theories within concrete and realistic contexts. By collecting and analyzing diverse public opinions, legal research can yield more objective and reliable results. This process aids in making more reasonable and fair decisions during the enactment, amendment, interpretation, and application of laws. For instance, by investigating public perceptions of actions on the boundary between crime and non-crime, the alignment of legal norms with reality can be evaluated. Additionally, surveys are essential for understanding the various issues addressed by law within social and cultural contexts. By systematically collecting and analyzing public opinions, legal research can adopt a more comprehensive and multifaceted perspective. This enables the law to respond more sensitively to social changes and demands, enhancing its legitimacy and effectiveness. Consequently, surveys can play a vital role in developing law into a more scientific disci

Teaching methods in research methods remain the least-explored territory in the pedagogy of social studies discipline, more so in the course of professional legal education, while the same deserves attention in legal academics for a long back. In the curricula of new-generation higher education institutions in general, of premier national law universities in particular, the concerned course is named ‘legal method’ in the undergraduate programme and ‘research methodology’ in postgraduate programmes, including research programmes. The forthcoming effort concerns the latter, meant for the so-called postgraduate programme, something more often than not named by higher education institutions in India as ‘research methodology’. With discursive reasoning of his own, the author resorts to the following nomenclature, ‘Legal research methods’, and names his piece accordingly. The author explores all the major means and methods of legal research jointly and severally, thereby getting them clarified and classified in their nitty-gritty. Last yet not least, the author demonstrates technical differences between research methods and research methodology, thereby pleading for the justified usage of technical terms towards better precision, whenever and wherever they suit to technical sense of the terms. Besides, the author underscores the technical distinction between the pedagogy of legal methods for undergraduates in professional legal education and that of research methods for postgraduates in academic legal education, respectively. The intensity of research demanded by the highly specialised nature of legal studies today can only be achieved by a close regard to the detailed methodologies that have been worked out in the field of legal research.—C. G. Weeramantry. 2

Diploma fraud has become a serious problem with widespread repercussions, affecting not only those directly involved but also society as a whole. The consequences of such actions are highly detrimental, including undermining the integrity of the education system, damaging the reputation of educational institutions, and creating inequality in the workplace and in education. This phenomenon is not limited to individual perpetrators but also involves educational institutions or organizations that knowingly issue or facilitate the issuance of fake documents without valid legal grounds. This study aims to analyze criminal policies and legal accountability for perpetrators of diploma forgery at the primary and secondary education levels, both by individuals and educational organizations/institutions, as well as to examine the disparity between ideal legal norms (das Sollen) and their implementation in practice (das Sein). The legal research method used is normative legal research by conducting research on library materials and using a statutory approach. The results of this study conclude that the laws and regulations governing criminal acts of document forgery, particularly diplomas, are available and adequate. however, there is a significant disparity between legal norms and law enforcement practices in cases of diploma forgery, where law enforcement agencies tend to target individual perpetrators and exempt educational institutions/organizations from criminal liability as stipulated in the legislation, particularly at the primary and secondary education levels.

Foreign investment or well known as "Foreign Capital Investment" is one of the state's efforts to accelerate the pace of the Indonesian economy. So, it is not surprising that the Indonesian Government continues to carry out juridical reforms related to foreign investment. This renewal cannot be separated from the objective of providing certainty and guaranteeing legal protection for foreign investors, so that they can continue to carry out investment in the territory of the Republic of Indonesia. But the question that arises by the author, are the Indonesian laws and regulations sufficient to provide legal certainty in various aspects of investment, from licensing to dispute resolution? In response to this, this paper aims to further examine the legal certainty and protection of foreign investors in carrying out Foreign Direct Investment. The legal research method used is normative legal research through a statutory approach. In addition, this paper uses secondary legal data sources.

Globalization and the industrial revolution 4.0 have succeeded in changing the process of people's social life from being based on human labor to technology centered on automation. These changes occur in all sectors of life, including economic, social, and legal. In this case, the legal and economic sectors have a fairly close relationship. Thus, changes to the two sectors will influence and depend on each other. One example is patents, where high patent ownership will affect national income and economic growth of a country. Indonesia continues to optimize applications for patent registration, such as the implementation of e-filling or online registration since 2019 with the aim of making patent application facilities accessible to all regions of the archipelago. This paper will discuss the state' s efforts in optimizing technology for the patent registration program in Indonesia. The legal research method used is normative legal research through a statutory or statutory approach. In addition, this paper uses secondary legal data sources.

This research is motivated by the existence of conflict norms in Article 16 paragraph (1) letter a UUJN with Article 16 paragraph (1) letter e UUJN. The notary is obliged to behave honestly in checking certificates at the land office, and to be careful in carrying out the sale and purchase agreement process, so as not to cause losses and problems in the future. At this writing, there are two problem formulations: what is the basis for the Notary for canceling the sale and purchase agreement of land rights and what is the legal protection for the criminalization of the Notary by the seller due to the cancellation of the sale and purchase agreement for land rights. The research objective is to find out the basis for the notary to cancel the sale and purchase agreement of land rights and to protect the notary from criminalization by the seller from the cancellation of the sale and purchase agreement of land rights. The legal research method uses normative legal research with a statutory approach and a conceptual approach. The results of the study show that the basis for the notary to cancel the sale and purchase agreement process is to act honestly, thoroughly, independently, and to protect the interests of the parties involved in legal actions and legal protection for criminalization of notaries by the seller because the cancellation of the sale and purchase agreement is a notary. can exercise his denial.

This research is motivated by the disharmony of regulations concerning the imposition of Rural and Urban Land and Building Tax (PBB-P2) on electricity infrastructure assets owned by PT Perusahaan Listrik Negara (PLN) (Persero), such as substations, tower sites, and power plants. This disharmony arises from conflicting norms between Law Number 1 of 2022 concerning the Financial Relations between the Central Government and Regional Governments (the HKPD Law), which designates all land and/or buildings owned by business entities as objects of PBB-P2, and several Presidential Regulations, such as Presidential Regulation Number 109 of 2020 and Presidential Regulation Number 14 of 2017, which classify PLN’s assets as part of National Strategic Projects (PSN) and national vital objects that should be granted special fiscal treatment in the form of PBB-P2 relaxation. This research is guided by two main questions: First, how should the regulatory construction of exemptions or relaxations of PBB-P2 on PLN’s assets be formulated to ensure legal certainty? Second, what future regulatory recommendations can be proposed to provide legal certainty for PBB-P2 relaxation on PLN’s assets? To address these questions, this research employs a normative (doctrinal) legal research method using three approaches: the statutory approach, the conceptual approach, and the historical approach, analyzed through prescriptive-analytical reasoning. Based on the findings and analysis, it is concluded that the imposition of PBB-P2 on PLN’s assets continues to create normative conflicts between the HKPD Law and the Presidential Regulations on PSN, thereby generating legal uncertainty. The solution lies in revising the HKPD Law to provide exemptions for PLN’s assets as PSN, while obligating regional heads to grant tax relief. This should be accompanied by the issuance of a Government Regulation regulating regional authority, central intervention, NJOP (Tax Object Sales Value) standardization, and fiscal coordination to guarantee legal certainty, energy sustainability, and fiscal justice.

The objective of this research is to scrutinize the responsibilities and privileges of both the consumer, who is the sender of the goods and PT. Pos Indonesia, as specified in UUPK Articles 4 and 5, which establish consumer rights and obligations, as well as UUPK Articles 6 and 7, which delineate the rights and obligations of commercial actors. The research used is normative legal research using field data as a complement. Normative legal research methods are also called doctrinal legal research. Rights and Obligations of PT. Pos Indonesia and Consumer Service Users are guaranteed in Law Number 8 of 1999 concerning Consumer Protection Articles 4 to Article 7 and Law Number 38 of 2009 concerning PT. Pos Indonesia in Article 29 to Article 31 paragraph (1). The Post Office is responsible for the shipment from the time it is received until it is handed over to the intended recipient. Postal Law Number 38 of 2009 Article 31 concerning Postal Obligations in Compensation and Article 19 concerning the obligations of business actors both outlined how postal parties must compensate for losses for delays or damage to goods. Compensation, if deemed necessary, will be replaced within six working days of receiving the claim. The rules that apply to claims for compensation are in the Decision of the Directors of PT. Pos Indonesia (Persero) Regarding the First Amendment on the Decision of the Directors of PT. Pos Indonesia (Persero) Number KD.112/DIR5/1118 Concerning Compensation Guarantee for Courier Delivery and Domestic Logistics if there is a discrepancy between the goods sent and those received, then according to this decision, consumers can claim compensation from the Post Office

The aim in this article is to determine the method of normative and empirical legal research with the typical characteristics of the methods of researching Law. The approach used qualitative methods through the study of literature. Based on the research findings and discussion, it can be concluded, first, science law (jurisprudence) and all sub-study with him in a large family study of the law, no matter how controversial as as a discipline independent and peculiar (sui generis), part from the humanities and social sciences, as well as natural science (exact) and social sciences which has had an undeniable place in the branches of science. Science of law must be recognized as having the research methods typical and unique, in terms of interest / usefulness to do a research in the field of law, both theoretical and practical, or of how to look at the science of law as a discipline prescriptive and applied, as well as from the point of view of human behavior relating to the existence of the law. Secondly, the penstudi law should realize the importance of legal research which is the authority, even advised not to leave, ie normative legal research / doctrinal, both from the point of view of the approach commom law system (statutes approach, case approach, historical approach, comparative approach and conceptual approach) as well as from the standpoint of research form the principles of law, the synchronization of legislation and others. which has been used as a handle by penstudi law in Indonesia and tend intended for academic interest. Third, the differences in conceptions, notions in the study of legal research in various law schools and high schools of law, especially for academic interest (thesis and dissertation), the main question is whether or not a uniformity is realized, or let it all by referring to the belief respective legal research on how it thinks best. Keywords: Research Methods law, Legal Normative and Empirical

The abolition of criminal sanctions in Law Number 2 of 2017 concerning Construction Services creates a vacuum and uncertainty in law enforcement. Previously, in cases of construction failures and accidents that caused injuries and deaths, the perpetrators could be charged with Article 43 of Law Number 18 of 1999 concerning Construction Services, but with the removal of this criminal provision, law enforcement was carried out using the Criminal Code and/or building law. This condition results in disparities in the law enforcement. This research aims to discuss the void of criminal law in Law Number 2 of 2017 concerning Construction Services and comprehensively examine policies and legal protection for construction accident victims. The type of research used is normative juridical with a descriptive-analytical approach, discussing existing legal symptoms and problems and testing them based on applicable laws and regulations. The results of this study show that the void in criminal law in construction services law occurs due to the elimination of criminal sanctions based on legal political factors; thus, law enforcement for construction accidents cannot be carried out using special laws on construction services. Legal protection for victims of construction accidents is emphasized in law enforcement to provide a deterrent effect against perpetrators, consisting of the application of strict sanctions, compensation for victims, and the implementation of occupational health and safety management standards.

The legal research method: An approach to enhance nursing science

Binary Option Trading has become quite a topic of public discussion lately, because there are many influencers and advertisements scattered about the huge profits that can be obtained through Binary Option Trading, so many people are tempted to try to enter it without understanding what and how the Binary Option system is. alone. In addition, the legality of Binary Option Trading in Indonesia is still questionable. Regarding the types of commodities included in the subject of futures contracts, it is regulated in CoFTRA Regulation No. 3 of 2019 concerning Commodities, Binary Options are not included in the subject written in Article 1. This can indirectly mean that Binary Options are illegal. The most recent case is a binary option scheme which is defined as a gambling practice. Gambling activities are prohibited by Article 303 of the Criminal Code (KUHP), Law (UU) Number 7/1974, as well as Government Regulation Number 9/1981, and Law Number 11/2008 (UU ITE). So the question arises, is there an alternative civil law regulation for victims of binary options trading cases? What is the perpetrator's responsibility for binary options under the guise of online investment? In this study, the researcher uses normative legal research, namely research that is useful for finding and answering legal issues, the rule of law, legal principles or legal doctrines encountered from a normative perspective and to find out whether the rule of law is in accordance with legal norms. . This normative law research is used to solve the problem of the legal issues faced by only examining the legal norms. So from research with normative legal methods will produce appropriate prescriptions and should be according to law.

One of Papua's special autonomy rights is the existence of the Papuan People's Council (MRP) as the cultural representation of the indigenous Papuan population who are given certain powers. Article 1 point 6 of Government Regulation Number 54 of 2004 concerning the Papuan People's Assembly defines: "The Papuan People's Assembly, hereinafter abbreviated as MRP, is the cultural representation of indigenous Papuans, which has certain authority in the context of protecting the rights of indigenous Papuans based on respect for customs and culture, empowering women, and strengthening religious harmony." The problem is how to regulate the functions and rights of MRP legislation in the formation of Special Regional Regulations. How is the implementation of the rights and tasks of the MRP in the context of protecting the traditional rights of Indigenous Papuans regarding the exploitation of natural resources? What will be the legal protection for Indigenous Papuans through the Papuan People's Assembly (MRP) in the future (ius constituendum)? The research method is a normative legal or juridical research method supported by empirical data. The results of the research are that the protection of the basic rights of indigenous Papuans by the Papuan People's Assembly (MRP) in carrying out its authority to provide consideration and approval of draft regional regulations has not had a significant impact on achievement. The welfare of indigenous Papuans is the target/objective of affirmative action and is the aim of Law Number 21 of 2001.

The development of e-commerce transactions also provides opportunities and challenges for consumers. The opportunity for consumers is that they can easily and quickly get the goods or services they need. However, the challenge for consumers is the risk of fraud or violation of consumer rights in e-commerce transactions. The aim of this research is to determine legal protection regulations and their implementation for consumers in e-commerce transactions in Indonesia. This research uses legal research methods with a normative juridical approach. The data collection technique in this research is literature study. The data that has been collected is then analyzed qualitatively by understanding and interpreting the data in depth. The research results show that aspects of legal protection for consumers in buying and selling transactions via electronic media are regulated in several laws, namely Law Number 8 of 1999 concerning Consumer Protection, Law Number 7 of 2014 concerning Trade, and Law Number 19 of 2016 concerning Changes. Implementation of this Law is carried out through several steps, including the establishment of special regulations detailing consumer rights and obligations in electronic transactions. Apart from that, implementation also involves active law enforcement to deal with violations of consumer protection provisions as well as efforts to increase consumer awareness through various education and information programs.