YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://yustisia.unmermadiun.ac.id/index.php/yustisia <p><strong>YUSTISIA MERDEKA</strong> : Jurnal Ilmiah Hukum, published by the Faculty of Law, Universitas Merdeka Madiun, published every semester (two numbers a year) in March and September.<br />Contains manuscripts of research results, conceptual studies, critical analysis in the field of law, constitution and constitutional issues, with benefits and objectives for the development of Legal Science, by prioritizing the originality, specificity and up-to-date of articles in each publication. The purpose of the publication of this journal is to provide a space to publish the thoughts of original research,<br />academicians, namely students and lecturers who have never been published in other media.</p> <p><strong>YUSTISIA MERDEKA : Jurnal Ilmiah Hukum</strong></p> <p><strong>p-ISSN </strong> <strong>:</strong> <a title="Print ISSN" href="https://issn.brin.go.id/terbit/detail/1421034349" target="_blank" rel="noopener">2407-8778</a></p> <p><strong>e-ISSN :</strong> <a title="Online ISSN" href="https://issn.brin.go.id/terbit/detail/1492666389" target="_blank" rel="noopener">2580-0019</a></p> <p><strong>Indexed on DOI </strong></p> <p><a id="pub-id::doi" href="https://search.crossref.org/?q=YUSTISIA+MERDEKA+%3A+Jurnal+Ilmiah+Hukum&amp;from_ui=yes" target="_blank" rel="noopener">https://doi.org/10.33319/yume</a></p> <p>Accreditation in <a href="https://sinta.kemdikbud.go.id/journals/profile/3721" target="_blank" rel="noopener">SINTA 5</a></p> en-US meirza.aulia@unmer-madiun.ac.id (Meirza Aulia Chairani) taufiqyp@unmer-madiun.ac.id (Taufiq Yuli Purnama) Thu, 16 May 2024 10:38:21 +0700 OJS 3.3.0.8 http://blogs.law.harvard.edu/tech/rss 60 Perlindungan Hukum Terhadap Produk Usaha Mikro, Kecil, Menengah Di Kota Madiun Melalui Pendaftaran Hak Merek https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/249 <p><em>Usaha Mikro, Kecil dan Menengah (UMKM) has an important and strategic role in national economic development. The importance of the legality of brand rights as an effort to legally protect UMKM, and the creation of a guide on procedures for processing legality documents for brand rights for UMKM. This activity is important because law is an inseparable part of human existence. This is in line with the adage ubi societas ibi ius which means where there are humans, there is law. Remembering that the legality of trademark rights is a legal umbrella for a business entity. However, there are still quite a lot of UMKM industry players in Madiun City who have not registered their trademarks due to limited capital and lack of understanding of the benefits of trademark registration for the UMKM industry. Thus, UMKM that do not register their trademarks do not receive legal protection, because a trademark will receive legal protection if the trademark has been registered. Thus, a policy is needed that regulates the UMKMindustry in Madiun City to obtain legal protection for its trademarks. So this research will examine the legality of brand rights as an effort to legally protect UMKM in Madiun City and how to create a guide on procedures for processing legality documents for brand rights for UMKM in Madiun City. This research uses normative research methods.</em></p> Kenes Herlambang, Andina Elok Puri Maharani Copyright (c) 2024 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/249 Thu, 16 May 2024 00:00:00 +0700 Implementasi Peraturan Daerah Kabupaten Madiun Tentang Pengelolaan Sampah https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/262 <p>-The Purpose of this study find out the implementation of the Madiun Regency regional regulation on Waste Management, waste management related to the environment is a shared responsibility between the local government and the community, the active role of the community is needed in the implementation of this policy. The method that the author uses in this research is empirical legal research using primary data sources, namely the results of direct interviews with staff of the Madiun Regency Environmental Service and secondary data in this study are laws and regulations. The results of the research and discussion show that the implementation of this regional regulation has been carried out. The Madiun District Environmental Service actively conducts socialisation, training and direction related to waste management, the waste bank program in collaboration with Pegadaian is one of the collaborations that support management and economic improvement. Supporting the implementation of this regional regulation is community participation in assisting the implementation of government policies, especially in the field of waste management, which has an impact on the environment, especially Madiun district.</p> <p>&nbsp;</p> Taufiq Yuli Purnama, Sarjiyati, Yuni Purwati , Yusril Abdul Aziz Copyright (c) 2024 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/262 Thu, 16 May 2024 00:00:00 +0700 Peran Dan Hambatan Satuan Polisi Pamong Praja Kota Madiun Dalam Mengendalikan Peredaran Minuman Beralkohol https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/263 <p>This study aims to determine the role, obstacles and efforts of the Madiun City Pamong Praja Police Unit in carrying out the enforcement of local regulations related to the circulation of alcoholic beverages. This research uses the Empirical Legal Research Method, with primary data sources from interviews and observations at the Civil Service Police Unit and one of the cafes that sells alcoholic beverages in Madiun, as well as secondary data sources, namely Regional Regulation No. 8 of 2017 concerning Control of Alcoholic Beverage Distribution and Retribution for Alcoholic Beverage Sales Location Permits. SatpolPP Madiun City plays a role in carrying out the enforcement of local regulations related to the distribution of alcoholic beverages in Madiun City by carrying out routine operations together with the Madiun City Police with the Criminal Investigation Sub-field which is approximately ten to fifteen operations every month based on the budget that has been approved by the DPRD. The obstacles faced are sourced from within the institution's own organisation or Internal and sourced from outside the organisation or External. Satpol PP Madiun City makes several efforts in various ways, including Satpol PP is required to work with what infrastructure has been provided, Satpol PP tries to carry out its work duties according to the applicable SOP, on call when suddenly required to carry out its work duties.</p> Krista Yitawati, Meirza Aulia Chairani, Bambang Sukarjono, Abednego Aprillino Copyright (c) 2024 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/263 Thu, 16 May 2024 00:00:00 +0700 Eksekusi Putusan Verstek Terhadap Pemenuhan Hak Istri Dan Anak Dalam Perkara Gugat Cerai https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/236 <p><em>Abstract</em><em> -- </em><em>The aim of this research is to find out how the verstek decision is imposed on the defendant in a divorce case and to find out how the execution of the verstek decision affects the fulfillment of the rights of his wife and children in a divorce case. The method applied in this research is normative juridical through statutory and conceptual approaches. With primary and secondary sources of legal materials used. The results of this research are regarding the responsibility of the husband (defendant) for meeting the needs of his wife and children due to the verstek decision. The judge will give a verstek decision if a defendant does not come to court at all. The judge will give a penalty to the defendant regarding the claim for payment of maintenance, by adding "...which was paid before the defendant took the divorce certificate" to the posita and petitum of the lawsuit, if the husband in a divorce lawsuit is given the burden of maintenance and does not come, this is the same as SEMA Number 2 of 2019. With this, if the defendant wants to take the divorce certificate, he must pay for the execution first.</em></p> Anik Tri Haryani, Sigit Sapto Nugroho, Nindichya Imtiyyas Pusparini, Retno Iswati Copyright (c) 2024 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/236 Thu, 16 May 2024 00:00:00 +0700 Kesepakatan Penyelesaian Kepemilikan Pulau Sipadan dan Ligitan Prespektif Mahkamah Internasional https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/254 <p><strong><em>A sovereign state is one that should know its territorial boundaries with certainty. Where as a result of the lack of the absence of certainty of territorial boundaries based on legal aspects, Indonesia and Malaysia were forced to accept the case of case, namely the case of Sipadan and Ligitan Islands. The settlement of cases that could not be resolved through negotiations, led the two countries to agree to settle the case through the International Court of Justice. The verdict on the settlement of the case declared Malaysia as the country that has the right to control the island. However, Indonesia's agreement to to settle the case through the International Court of Justice is not wrong, which is in accordance with the principles of world peace. Likewise, the decision of the International Court of Justice which is in accordance with legal procedures and has been supported by the knowledge/experience possessed by/of the judges. So it can be said that the agreement between the two countries that created the transfer of the islands of Sipadan and Ligitan was not a gift to Malaysia. Discussion the author's goal, because according to the author this study is an important study and needs to be discussed as a material is an important study and needs to be discussed as a new analytical study that is different from other authors' studies.&nbsp; So that in writing, the author uses a normative juridical method, which uses an analytical approach, legal concepts and regulation laws. </em></strong></p> Aulia Arifany Safitri, Adinda Pra Septia Sheila, Ruth Anastasya Sandy Simanjuntak Tasya Copyright (c) 2024 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/254 Thu, 16 May 2024 00:00:00 +0700 Perkembangan Konsep Perjanjian Production Sharing Contract Dalam Mekanisme Pengolahan Minyak dan Gas di Indonesia https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/261 <p><em>This research aims to determine the development of the concept of agreements in production sharing contracts in the oil and gas processing sector based on legal principles in Indonesia. This research uses normative juridical research which uses statutory regulations as a secondary data source. Apart from that, journals, articles, news portals (websites) were also used as supporting sources in this research. Based on the research results, it was found that the development of the concept of production sharing contracts in the oil and gas processing sector in Indonesia was initially introduced by Ibnu Sutowo. Then as time went by it developed up to 4 (four) changes. Even though in its development there have been changes, the concept used in the agreement remains the same, the only difference is in the type of agreement. The concept of a production sharing agreement can be applied in Indonesia because it is simpler, easier to understand by the public, more cost effective; compared to the “Profit Sharing” mechanism. The amount of "Production Sharing" should be close to the gross figure of the amount of "Production Sharing", so that oil and gas investors are not surprised by the new formulation. Because they are used to these numbers, what they live with now is still mutually beneficial. The possibility of applying taxes in the "Production Sharing" mechanism, can be applied at the beginning of activities (subject to Cost Recovery), or imposed on gross production results that come out of oil and gas wells. The formulation of the amount and type of tax needs to be studied jointly between the Director General of Taxes, SKKMigas, and oil and gas investor representative bodies. This is to continue to attract oil and gas investors to carry out oil and gas exploration and production in Indonesia</em></p> Mohammad Choirul Anam, Retno Catur Kusuma Dewi, Angga Pramodya Pradhana Copyright (c) 2024 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/261 Thu, 16 May 2024 00:00:00 +0700 Penegakan Hukum Terhadap Pendirian Bangunan Dikawasan Daerah Aliran Sungai (Das) (Studi Di Kecamatan Dolopo Kabupaten Madiun Jawa Timur) https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/265 <p><em>Abstract— The purpose of this study was to determine law enforcement against the construction of buildings in the Watershed area of Dolopo District, Madiun Regency and find out the settlement of the construction of buildings that violate the watershed area. The type of research used is empirical research with a qualitative approach based on primary data, namely observation, interviews and document studies. Secondary data are social facts referenced from books, research results and scientific journals. And analyzed using descriptive research methods, that researchers in analyzing wish to provide an overview or description or subject and research object as the results of the research he did. Based on the results of the research, it shows that law enforcement against the construction of buildings in the watershed area, it is better for the community to obtain permits (IMB) to construct buildings in the river basin and the government is expected to be more intensive in conducting outreach and site surveys in the watershed area to the fullest so that the community is aware and no longer constructing buildings in the watershed area.</em></p> Heru Kuswanto, Sigit Sapto Nugroho, Sarbini Copyright (c) 2024 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/265 Thu, 16 May 2024 00:00:00 +0700 Urgensi Pendidikan Pancasila Dalam Melawan Dampak Negatif Ideologi Transnasional https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/259 <p><em>The Urgence of Pancasila Education in Against The Negative Impact of Transnational Ideology. Pancasila education is the part of National Education shich aims to improve the quality of human resources in Indonesia. The quality in question is a person who is full of responsibility which behaviour that reflects the implementation of Pancasila values in the life of nation and state. In practice, especiallu the next generation, it is increasingly expected and required to be able to anticipate changes related to the dynamics of culture, nation, state in international relations by thinking, acting, and behaving based on Pancasila. Reflecting on the advancement of technology today, the urgency of Pancasila education is increasingly visible with the rapid development of transnational ideology itself is widely discussed as a serious national threat. For this reason, the author conducted a study through a literature study of several references and legislation in order to find out more about the urgency of Pancasila education in countering the negative impacts of transnational ideology. Strengthening the values of Pancasila ideology through Pancasila education is a crucial thing that must be suceeded by all part of society</em>.</p> Sulistya Eviningrum, Salsabila Safirana Wibisono Copyright (c) 2024 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 https://yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/259 Thu, 16 May 2024 00:00:00 +0700