Regulation of The Use of Marijuana for Medical Purposes: A Comparison of Civil Law and Common Law Legal Systems

This study aims to determine the Regulation of the Use of Marijuana for Medical Purposes: Comparison of Civil Law and Common Law Legal Systems. This research uses normative juridical research methods using literature studies derived from Legislation, scientific journals, books related to medical cannabis discourse and analyzed qualitatively. Regulations related to Class I Narcotics in Indonesia are regulated in Law Number 35 of 2009 and Regulation of the Minister of Health of the Republic of Indonesia Number 30 of 2023. The use of cannabis as medicine is an urgent need. European countries are at the forefront of legalizing medical cannabis. Some European countries with a Civil Law legal system have different regulations in legalizing marijuana for medical purposes based on ownership restrictions. Meanwhile, countries with a Common Law legal system establish medical cannabis legalization policies based on the needs of patients, the quality of health provision, and the protection of patient rights. This study concludes that countries with a Common Law legal system have a pragmatic, case-based legal style that functions through logical reasoning while countries with a Civil Law legal system are more about practical implications

Implementation of the Disclosure Principle in Submitting Evidence in Civil Lawsuits Through e-Court in the Class 1 A District Court Medan and Class 1 A District Court Lubuk Pakam

This article aims to determine the implementation of the principle of disclosure in submitting evidence in civil lawsuits through e-Court in the district court, by taking the location of research in the Class 1 A District Court Medan and Class 1 A District Court Lubuk Pakam. Technological advances have provided convenience in public services, including electronic case resolution services in district courts with the introduction of e-Court. The research methods used are the type of normative juridical research supported by field research, the approach methods used are statutory approaches and conceptual approaches, secondary data sources and primary data, technical data collection literature research and field research, qualitative data analysis and deductive conclusions. This study concludes that the electronic justice system (e-Court) in the Medan Class 1 A District Court and Lubuk Pakam Class 1 A Court provides convenience to the parties concerned and their legal representatives to submit evidence in civil lawsuits, but regarding the implementation of the principle of disclosure, the information obtained regarding evidence is only limited to information on letter evidence that enters the Court Information Tracing System which is still of doubtful authenticity without direct mail check

The Position of Substitute Heirs as Perpetrators of The Murder of Direct Heirs Based on Civil Inheritance Law

This article aims to examine the position of a substitute heir who has killed a direct heir, based on Civil Inheritance Law, and analyze specific conditions under which the substitute heir, the perpetrator of the killing, could still inherit. To analyze this issue, a normative juridical research method is employed. For ease of research, the author presents a case illustration that is not based on real events. The data is collected through  literature studies and analyzed qualitatively. The necessary data sources include the Civil Code (KUHPerdata), the Compilation of Islamic Law (KHI), and relevant scholarly journals. This study concludes that the position of A1 as a substitute heir is obstructed from inheriting because they have killed A, based on the provisions of Article 838 of the Civil Code. However, there are specific conditions that could allow A1 to still receive their inheritance rights, considering that the inheritance still belongs to P, not A. One possible approach is for A1 to file a lawsuit in the District Court, requesting the judge to render a fair decision by taking into account factors of justice and the emotional relationship between A1 and P

The Role of The Police in Disclosing Cases of Motorcycle Theft at Medan City Police Station

This article aims to handle motorcycle theft in the jurisdiction of the Medan City Police and its surrounding areas. The purpose of this study is to examine and analyze the role of the Indonesian National Police in revealing motorcycle theft cases. The problem is focused on maintaining public security and order, law enforcement, protection, shelter and service to the community. This type of research uses normative legal research, meaning that this study tends to use secondary data, both primary legal materials and secondary legal materials. Data were collected using document studies and analyzed. Analysis for qualitative data was carried out by selecting articles containing legal principles. This study concludes that the Role of the Indonesian National Police in revealing motorcycle theft cases in the jurisdiction of the Medan City Police and its surrounding areas & Obstacles to the Indonesian National Police in providing security protection to motorized vehicle users occur due to 2 factors, namely legal factors and non-legal factors

Comparative Study of Law Enforcement Against Taxation Crimes in Indonesia and Malaysia

This research conducts a comparative study of law enforcement strategies aimed at combatting taxation crimes in Indonesia and Malaysia. The study examines the legal frameworks, enforcement mechanisms, and institutional capacities of tax authorities in both countries. Through an analysis of relevant laws, regulations, and enforcement practices, the research evaluates similarities and differences in approaches to tackling tax evasion, fraud, and non-compliance. Additionally, the study explores the role of collaboration between tax authorities and other government agencies, as well as international cooperation in addressing cross-border tax crimes. By identifying effective strategies and areas for improvement in law enforcement against taxation crimes, the research aims to contribute to the development of more robust and coordinated efforts to combat tax evasion and ensure compliance with tax laws in Indonesia and Malaysia

The Effectiveness of Implementing Local Taxpayer Status Confirmation for Investors in the City of Blitar

This article discusses the effectiveness of confirming the status of regional taxpayers in Blitar City based on the Regulation of the Minister of Home Affairs Number 112 of 2016. This research uses Lawrence Meir Friedman's theory of the legal system and Soerjono Soekanto's theory of Law Enforcement. The results of the legal structure analysis show the success of the Regional Finance and Asset Management Agency (BPKAD) and the One-Stop Investment and Integrated Services Office (DPMPTSP) in coordinating and accessing tax applications, which significantly improves service efficiency. The legal substance of Regulation Number 112 of 2016 has proven effective as the basis for the Regulation of the Mayor of Blitar Number 73 of 2019. Legal culture analysis reveals effective public compliance with the taxpayer's status confirmation procedure before receiving services, without any protests. Thus, implementing the regulation in Blitar City can be considered successful, creating effective cooperation between related agencies, ensuring taxpayer understanding and compliance, and improving the quality of public services

Legal Basis for Deciding Cases of Criminal Acts of Sexual Violence against Minors

This research aims to describe the legal basis for deciding cases of criminal acts of sexual violence against minors. This research uses normative legal research methods. Normative legal research methods are used to analyze and evaluate statutory regulations, legal documents, and other legal literature. This method aims to understand, interpret, and provide insight into applicable legal norms. The research results show that the legal basis for deciding cases of criminal acts of sexual violence against minors is as follows: 1) Law Number 35 of 2014 concerning Child Protection; 2) Law Number 23 of 2002 concerning Child Protection; 3) Law Number 17 of 2016 concerning the Determination of Government Regulations in place of Law Number 2 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law; 4) Law Number 11 of 2012 concerning the Juvenile Criminal Justice System; 5) Law Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking. Apart from this law, there are also government regulations, regional regulations, and other regulations which also regulate child protection and sexual violence against minors in Indonesia

Disparity in Judicial Decisions in Narcotics Crimes (A Study of Verdict No. 1192/Pid.Sus/2024/PN.Mdn and Verdict No. 1035/Pid.Sus/2024/PN.Mdn)

This research aims to analyze inequality in judges' decisions in drug crime cases by studying two court decisions, namely Decision No. 1192/Pid.Sus/2024/PN.Mdn and Decision No. 1035/Pid.Sus/2024/PN.Mdn. These two decisions involved defendants who were subject to the same sentence despite significant differences in their roles and the amount of evidence found. M. Ramadhan acted as an intermediary with evidence of 0.79 grams of narcotics, while Ari Wibowo was more active in the narcotics network despite only having evidence of 0.04 grams. This research uses a qualitative method with a case study approach to evaluate the factors that influence judges' decisions, such as the role of the defendant and the amount of evidence in sentencing. The results showed that despite differences in the roles and evidence involved, both defendants were sentenced to the same sentence, namely 7 years and 6 months' imprisonment and a fine of Rp 1,000,000,000, with a subsidiary of 1 year's imprisonment. This finding indicates an inconsistency in the sentencing considerations, and suggests the need for stricter standardization in sentencing in drug cases to achieve justice that is more in line with the conditions and facts of each case

Analysis of Judge’s Decision on Registration of Trademark with The Same Naming (Study of Supreme Court Decision Number 640 K/Pdt.Sus-HKI/2020)

This article aims to evaluate the judge's ruling about the namesake trademark. Two parties that registered the SAMGONG trademark through DJKI are at the focal point of the issue. This article's articulation of the problem serves as an argument for the Panel of Judges' discussion of the legal implications and considerations surrounding the decision rendered by the Supreme Court in Number 640 K/Pdt.Sus-HKI/2020. This article concludes that a trademark is an asset that is legally protected and has economic worth from a commercial standpoint. Indonesia uses a first-to-file system, meaning that as soon as a trademark is registered in its home country, its owners acquire the rights to it. The Panel of Judges noted in their ruling that the Plaintiff originally registered its trademark in its own nation in 2008. That the Defendant's trademark registration is suspected of being done in bad faith because the Plaintiff's trademark has been sold and promoted internationally, making it a well-known trademark. Additionally, the DJKI was ordered to remove the Defendant's trademark from the General Register of Trademarks due to similarities in the naming of the trademarks owned by both parties. As a guardian of intellectual property, DJKI needs to be more cautious when examining trademarks registrations to check for essential similarities, particularly in trademark names

Legal Reform in Legal Responsibility for the Use of Public Roads for the Transportation of Mining Products (Case Study of Transportation of Mining Products in West Aceh Regency)

Transportation plays an important role in supporting economic growth and regional connectivity, but the use of public roads for hauling activities by mining companies in West Aceh Regency has caused significant problems such as road damage, pollution, and accident risk. This condition is exacerbated by a legal vacuum at the local level that does not specifically regulate the use of public roads for the transportation of mining products, although national regulations such as the Mineral and Mineral Law and regulations related to reclamation already exist. This study uses normative juridical methods with legislative and conceptual approaches to analyze applicable legal provisions and identify legal gaps, as well as formulate legal reform solutions. The results of the study show the need for the preparation of clear regional regulations (Qanun), including the setting of operational schedules, quota systems, and real-time monitoring. In addition, the government's cooperation with business entities (PPP) to build special hauling roads through the DBOMFT scheme is proposed as a constructive solution to reduce the burden on public roads and increase regional revenue. Legal reform at the regional level is expected to provide legal certainty, protect the community, and minimize negative impacts on the environment and infrastructure