Aspek Hukum Perlindungan Konsumen Dalam Kebijakan Standar Nasional Indonesia (Sni) Terhadap Industri Elektronik Rumah Tangga Di Sumatera Utara (Studi Pada PT. Neo National Medan)

Indonesian National Standard (SNI) was adopted by the International Standard Organization (ISO), the ISO adopted in particular fan of the International Electronic Commission (IEC). If businesses do not implement the SNI shall be sanctioned by Law No. 8 of 1999 on Consumer Protection. Problems arise when businesses are implementing SNI should produce in terms of trials to get SPPT-SNI. For example, be appointed PT. Neo National was to test the feasibility of the product quality brands such as Fan “SiJempol”. Products PT. Neo National was not obtained SNI, but TPPBJ Team (Team Supervisor Circulation of Goods and Services) found that the fan was in factory PT. Neo National has not been certified SNI. Therefore, PT. Neo National alleged to have committed violations of consumer protection in the field of producing goods that are not SNI. Provisions charged to PT. Neo National was Article 62 Paragraph (1) Jo. Article 8 Paragraph (1) Letter a and e. Law No. 8 of 1999 on Consumer Protection. In the meantime, to get SPPT-SNI, all businesses required to conduct due diligence on the quality Industrial Research Institute of Standardization. To test the feasibility of quality, these businesses also have to produce the goods samples for testing. This research was conducted to obtain legal certainty in the field of SNI for businesses who are implementing SNI. Barriers experienced by manufactures are SNI setting that overlap with consumer protection. Arrangements; Attitutde of PPNS-PK were unprofessional and proportionate; and Lact-disregard the Ministry of Industry in guiding businesses. Key Word : Indonesia National Standard; Consumer Protection; Implementation of SNI

Dokumen Elektronik Sebagai Alat Bukti Dalam Perspektif Pembaruan Hukum Acara Perdata Indonesia

Electronic document is considered as evidence in the court's verdict and in the Verdict of the Denpasar Higher Court No. 150PD/2011.Dps which recognizes email as legal evidence, whereas email is part of electronic document. However, the photograph which is a part of the document is not considered as evidence in the verdict. This is in line with the verdict of the Bondowoso Religious Court No 1537/Pdt.G/2011/PA.Bdw which states that sound record cannot be used as evidence although it is a part of the electronic document. Therefore, it is necessary to analyze the regulations concerning the use of electronic document as evidence in the Indonesian law of civil procedure and the criteria which can make electronic document as evidence in the law of civil procedure according to Law No. 11/2008 on Electronic Information and Transaction and on the Position of Electronic Document as Evidence in the innovation of the Indonesian law of civil procedure

Penegakan Hukum Terhadap Tindak Pidana Pemalsuan Merek Pasca Berlakunya Undang-undang Nomor 15 Tahun 2001 Tentang Merek

In Law No. 15/2001 on brand, the caharacteristics of the criminal act of brand counterfeiting belong to the statement that all criminal act of brand counterfeiting is a violation that it is more to private than public law in nature, the characteristic of criminal law is increasingly less raised, the ordinary offense is changed into a crime on complaint, and the imprisonmentis reduced from 7 years to a maximum of 5 years. The law enforcement resulted in the uncertainty of law and justice. Different court decisions based on different criminal charge and even different imposed articles are given to the matters of the same cases. Therefore, the crime on complaint shall be changed into ordinary offense and the criminal act of brand counterfeiting shall also be considered as a criminal act not as a violation only

Tangggung Jawab Pengurus Terhadap Akta Pendirian/anggaran Dasar Yayasan Setelah Berlaku UU Yayasan Dan Pp Nomor 63 Tahun 2008 Tentang Pelaksana UU Yayasan

One of the legal entity institutions is foundation. It has had its legality since the validation of foundation memorandum of association was obtained from Menhumkam. This validation is required by all foundation, either before or after the Law on Foundation and PP (Government Regulation) No. 63/2008 exists. The result of the research showed that management responsibility established before Law on Foundation and PP No. 63/2008 were in effect was required to adjust its memorandum of association. If it is not adjusted, its legal status is liquidated and closed down. It seems that the government agrees on the foundation legal entity since it still prolongs the foundation operational permit. Management should submit the foundation which does not adjust its memorandum of association to the liquidator to be liquidated. When the management has objection to do this, judicial review on Article 71 of Law on Foundation and Article 39 of PP No. 63/2008 can be filed. The government should make time for adjusting the foundation memorandum of association which has not been adjusted

Kencenderungan Putusan-putusan Hakim Pengadilan terhadap Pencantuman Klausula Eksonerasi dalam Perjanjian

The scope of the prohibition to attach exoneration clause in a standard agreement is not found in the Civil Code; it is found in Article 18, paragraph 1 of UUPK. The attachment of exoneration clause is contrary to the sense of righteousness if it is viewed from distributive fairness theory and to the principles of adequacy, harmony, fairness, and naturalness although it is in line with commutative righteousness theory. The inclination of seven judges' verdicts does not directly consider exoneration clause but tends to see the validity of the contract according to Article 1320 of the Civil Code and Article 1338 of the Civil Code.It is recommended that Article 18, paragraph 1 of UUPK should be confirmed as exoneration clause or exoneration clause in its explanation. Besides that, the panel of judges should not be too rigid in interpreting righteousness and the principle of consensus; they should be open widely to interpret law from concrete occurrence, concerning the validity of a contract according to Article 1339 of the Civil Code. Keywords : Inclination, Judges' Verdicts, Standard Clause, Exoneration Clause, Agreemen

Perlindungan Hak Atas Tanah Ulayat Masyarakat Adat Gayo Di Kabupaten Bener Meriah

The existence of ulayat rights (communal right of disposal or customary associative right) in Indonesia is recognized and respected as it is stipulated in the 1945 Constitution; this recognition is confirmed in Law No. 5/1960 on the Agrarian Basic Regulation. Ulayat rights actually still exists and is not contrary to the national interest and to any higher legal provisions. The Regulation of the Agrarian Minister No. 5/1999 on the Guidance for Settling the Problems of ulayat rights in the Adat Community orders the establishment of Regional Regulation on the recognition and protection for ulayat rights in each area in which it still exists. In reality, not all areas in Indonesia, including ulayat rights in the Gayo community in Bener Meriah District, has Regional Regulation for it. The result of the research showed that the existence of ulayat rights in the Gayo community still exists; it is indicated by the existence of the subject of ulayat rights, that is, ulayat rights object and the legal relationship between the subject and the object of ulayat rights. On the other hand, there are also some obstacles from its legal substance, legal structure, and legal culture in recognizing and protecting ulayat rights. Bener Meriah District Administration has established Majelis Adat (Adat Council) through Bener Meriah District Qanun No.4/2010 on Organizational Structure and Work Structure of the Secretariat of the Extraordinary Committee in Bener Meriah District and has published Bener Meriah Qanun No. 5/2011 on the Appointment of Animal Breeding Locations (Peruweren) of Uber-Uber and Blang Paku in Bener Meriah