https://ejournal.unisbablitar.ac.id/index.php/supremasi/issue/feed Jurnal Supremasi 2022-10-20T09:27:45+00:00 Jurnal Supremasi supremasijurnalhukumunisba@gmail.com Open Journal Systems <p><strong>Jurnal Supremasi</strong> adalah jurnal ilmiah ilmu hukum yang diterbitkan oleh Fakultas Hukum Universitas Islam Balitar Blitar yang dimaksudkan sebagai media untuk mendesiminasikan atau menyebarluaskan berbagai temuan dan penelitian ilmiah di bidang Ilmu Hukum kepada masyarakat. Terbit 2 kali setahun pada bulan Maret dan September. Berisi ulasan yang diangkat dari hasil penelitian, gagasan konseptual, kajian, dan aplikasi teori di bidang Ilmu Hukum. Jurnal Supremasi diterbitkan pertama kali tahun 2016.</p> https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/1999 Relation Between The Awarenees of Culinary Msme Actors and Trademark Protection 2022-10-20T08:52:11+00:00 Lidia Kando Br Gea 1951046.lidia@uib.edu Hari Sutra Disemadi hari@uib.ac.id <p><em>MSME is business owned by individuals or business entities in which business actors produce their own products. These products need legal protection although there are still many MSME actors who have not registered their trademarks. According to the data, the number of MSME actors who have registered their trademark to Indonesian Directorate General of Intellectual Property (in Indonesia says DJKI) are still low, whereas a trademark is an immaterial wealth or economic asset for business actors. In addition, unregistered trademarks are also vulnerable to abuse by other parties. This will result in losses for the business actors themselves. Therefore, the trademark needs to be registered in DJKI in order to get legal protection. Based on these problems, this research uses non-doctrinal research methods to examine the regulation of trademark protection for MSME businesses in Indonesia and examine the relationship between the awareness of culinary MSME actors in Batam City and trademark protection. This research indicate</em><em>s</em><em> that the regulation of trademark protection in Indonesia is contained in the Trademark &amp; Geographical Indications Law. It was also found that there are still MSME actors who do not aware about the legal protection for their intellectual works so they had not registered them. For this reason, the government and all parties are expected to provide literacy on the importance of trademark protection. This will minimize the occurrence of intellectual property infringement and disputes. In addition, the existence of intellectual property protection in Indonesia provides a sense of security and legal certainty for trademark owners.</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/1971 An Inequality of Moral Rights in Apple Music Platform as A Digital Copyright Protection Infringement 2022-10-20T09:00:58+00:00 Teguh Cahya Yudiana teguhcahyayudiana@gmail.com <p><em>In the era of disruption, digitalization has replaced traditional culture due to technological developments. One form is distributing music or songs which was all on cassettes or CDs (compact discs) to digital music platforms. Currently, there are many digital music platforms such as Apple Music. One of the problems outlined in this paper is regarding the moral rights of songwriters on Apple Music, while moral rights are rights inherent in the Creator. This paper aims to: (1) find out the protection of the moral rights of songwriters in Indonesian positive Law; (2) discuss how to protect and fulfill the moral rights of songwriters on the Apple Music digital music platform. Through legal research with a normative juridical approach, research results that there is an imbalance in the moral rights of songwriters in Apple Music where their moral rights are not evenly accommodated for all songwriters and tend only to accommodate certain groups (singers, songs, songwriters, and/or big music labels only).</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2315 Kepastian Hukum Undang-Undang Cipta Kerja Bidang Kesehatan Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 2022-10-20T09:04:12+00:00 Weppy Susetiyo weppyfhunisba@gmail.com Muhammad Zainul Ichwan zainul360063@gmail.com Anik Iftitah anikiftitahblitar@gmail.com Tasya Imelda Dievar tasyadievar@gmail.com <p><em>The enactment of the extraordinary job creation law changes the legislation in the health sector. However, the status of the Job Creation Law became unconstitutional or conditionally unconstitutional after the decision of the Constitutional Court 91/PUU-XVIII/2020 which granted part of the formal review of the Job Creation Law. Through normative legal research, research is produced that; even though Law 13/2022 has been promulgated on the Formation of Legislation which accommodates the preparation of laws and regulations using the omnibus law method; implementation of the law on: simplification of the articles in the Health Law and Hospital Law, medical health services that are not subject to VAT, providing medical health services not only for health workers and assistants for health workers, and implementing hospital accreditation every three years; remain valid and for two (2) years there may be no other related (new) regulations, for the sake of realizing benefits, certainty, justice, and the greater interest of many.</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/1868 Penerapan Prinsip Kesetaraan dalam Pemberian Hak Bagi Peserta BPJS Kesehatan Berdasarkan Peraturan Presiden Nomor 82 Tahun 2018 tentang Jaminan Kesehatan 2022-10-20T09:07:57+00:00 R.H. Riasari riasari88854@gmail.com <p><em>This normative legal research is relevant to answering the legal issue of health insurance policies. The application of the principle in various policies of social health insurance services or between one policy and another in Indonesia is appropriate. These policies are Law Number 40 of 2004 concerning the National Social Security System, Law Number 24 of 2011 concerning the Social Security Administering Body, Government Regulation Number 76 of 2015 concerning Amendments to Government Regulation Number 101 of 2012 concerning Recipients of Health Insurance Contribution Assistance , Presidential Regulation Number 82 of 2018 concerning Health Insurance, and Regulation of the Social Security Administering Body Number 1 of 2014 concerning the Implementation of Health Insurance. However, in Presidential Regulation Number 82 of 2018 concerning Health Insurance, there is a sense of injustice for the community due to differences in health services that cannot be covered by BPJS Health, such as health services due to criminal acts of persecution, sexual violence, victims of terrorism and criminal acts of trafficking in accordance with statutory regulations.</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/1821 Implikasi Hukum Bagi Akta Pembiayaan Murabahah yang Tidak Sesuai dengan Prinsip Syariah 2022-10-20T09:11:47+00:00 Arini Ayatik ariniayatik1912@gmail.com Dyah Ochtorina Susanti dyahochtorina.fh@unej.ac.id Rahmadi Indra Tektona rahmadiindra@unej.ac.id <p><em>In Islamic banking there is financing, one of which is murabahah. All Islamic bank products must be based on sharia principles. Murabahah contract must be made with an authentic deed. The deed must be in accordance with sharia principles. This study analyzes the legal consequences for murabahah financing deeds that are not in accordance with sharia principles. The purpose of this study is to find out and analyze the legal consequences for the murabahah financing deed that is not in accordance with sharia principles. This study uses a normative juridical method, with four problem approaches, namely the statutory approach, conceptual approach, case approach, and comparative approach. The results of this study are that if the murabahah financing deed is not in accordance with sharia principles, the deed can be null and void.</em></p> 2022-08-31T22:01:52+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2263 Implementasi Kebijakan Pemerintah tentang Migrasi Nomenklatur Perubahan Nama Program Studi di Universitas Tulungagung 2022-10-20T09:16:00+00:00 Surjanti Surjanti surjanti.unita@gmail.com Retno Sari Dewi sarie.soegito@gmail.com Anang Sugeng Cahyono akusukambahdi@gmail.com Erly Pangestuti sherly8080@gmail.com <p><em>The issuance of Permendikbudristek concerning the naming of Study Programs (Prodi) which was followed up by the nomenclature of changing the name of Study Programs and /or form of Higher Education (PT) resulted in a major impact on PT. Based on a copy of the Decree of the Minister of Research, Technology and Higher Education Number 234/KPT/1/2019, Tulungagung University migrated 2 (two) study programs, namely the Legal Studies Study Program to the Law Study Program and the State Administration Science Study Program to the Public Administration Study Program. This study analyzes the implementation of the migration process policy of changing the name of the Study Program at Tulungagung University as well as identifying the impacts and constraints during the PD DIKTI data migration process. Through empirical legal research using a sociological juridical approach, research shows that the implementation of the migration process has been carried out following the mechanisms, stages, and coordination with the LLDIKTI Region 7 East Java, can be completed in two years, and the parties affected by the migration process include all academics and institutions. One of the biggest obstacles in the migration process is the incomplete data input on the reporting of the old study program feeder reporting where the migration requires the validity of the previous data.</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/1829 Upaya Pengaturan Kembali Delik Penghinaan Presiden dalam RKUHP Indonesia Dikaitkan dengan Sistem Pemerintahan Presidensil 2022-10-20T09:21:56+00:00 Tiffani Rimandita tiffanyrmndt@gmail.com <p><em>The Dutch colonial legacy of the Criminal Code (KUHP) will be replaced with a new Criminal Code with the idea of the Indonesian nation's legal product. An irony occurred when the offense of insulting the President was trying to be revived with the formation of the RKUHP. Through normative legal research, this paper will also discuss the regulation of the offense of insulting the President in the RKUHP of the presidential system of government adopted by Indonesia.</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/1839 Restorative Justice Tindak Pidana “Elopement” Hukum Adat dalam Konstruksi Hukum Pidana Positif Indonesia 2022-10-20T08:54:34+00:00 Sri Wahyu Kridasakti sriwahyu@ecampus.ut.ac.id Abd. Majid majidam@yahoo.com Henny Yuningsih henny_yuningsih@yahoo.com <p><em>This study examines the applicability of “elopement” customary law (“elopement”) in the construction of criminal law in Indonesia. This legal-system study uses a socio-legal methodology with the research locus in Mataram Marga Village, Sukadana District, East Lampung; Sade Village, Central Lombok, NTB; and Tenganan Karangasem Bali, with three findings. First, customary law (legal-culture) in determining the meaning and meaning of adult (legal and legitimate) is different from the meaning of adult according to positive law (Civil Code, Criminal Code and Law 1/1974). Second, the legal-structure of positive criminal law is superior to customary law or living-law (tradition) in the construction of restorative-justice through "elopement" legal events. Third, the norms of positive criminal law substance (legal-substance) Article 322 paragraph (1) number 2 of the Criminal Code which provides sanctions for imprisonment are more legitimate than customary law norms that provide social sanctions through traditional ceremonies. Article 322 paragraph (1) number 2 of the Criminal Code and Law 1/1974 have basically fulfilled the principles of establishing laws and regulations although they have not fully translated the principles of restorative justice. The ratio-legal restorative justice “elopement” of Indonesian customary law in the construction of the Criminal Code and Law 1/1974 is different but the legal relationship is quite harmonious. The main obstacle to the application of the principle of restorative justice in the settlement of criminal acts of "elopement" according to the construction of national law is the difficulty of mapping the standards of restorative justice benchmarks for customary law which are very diverse. Future arrangements for restorative justice "elopement" in the construction of national criminal law must follow the principle of receptio in complexio as legal politics in the regulation of national legal pluralism.</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/1952 Implementasi Program Pembinaan Kepribadian dan Kemandirian Narapidana Lanjut Usia di Lembaga Pemasyarakatan 2022-10-20T08:57:57+00:00 Leo Rahmat Karindra leorahmatkarindra130@gmail.com Mitro Subroto subrotomitro07@gmail.com <p><em>Elderly inmates have different needs from other inmates. This study aims to analyze the implementation of coaching for the elderly in correctional institutions (prisons). Through normative legal research methods, research is produced that there are still prisons that do not provide coaching following applicable laws and regulations. Many of the obstacles faced by prisons are due to the age of the elderly and the incomplete facilities and infrastructure owned by prisons to support coaching activities for elderly prisoners.</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/1851 Penyalahgunaan Narkotika dan Obat Obatan Terlarang Perspektif Kriminologi (Studi Kepolisian Resor Pohuwato) 2022-10-20T09:27:45+00:00 Muhammad Rizal Lampatta rlampatta@gmail.com Herlina Sulaiman herlina.sulaiman.hs@gmail.com <p><em>The abuse of narcotics and illegal drugs in Pohuwato Regency involves the lower class and various ages, which is a local circulation and inter-provincial trade, namely Central Sulawesi, Gorontalo, and North Sulawesi. This study analyzes the factors causing the abuse of narcotics and illegal drugs, as well as the efforts made to prevent and overcome them. To answer the problem used empirical juridical research. The results obtained that the narcotics abuse factor can be seen from the factors of dealers, users, education, and association. Various efforts were made to prevent and overcome it using preventive and preemptive.</em></p> 2022-09-01T00:00:00+00:00 Copyright (c) 2022 Jurnal Supremasi