https://journal.unibos.ac.id/clavia/issue/feed CLAVIA : Journal of Law 2021-07-31T21:33:33+08:00 Open Journal Systems <p>Clavia adalah jurnal ilmiah hukum dua bulanan yang diterbitkan pertama kali pada bulan April Tahun 2000 oleh Fakultas Hukum Universitas 45 Makassar yang kini telah berubah menjadi Universitas Bosowa (Unibos). Jurnal Clavia ini dimaksudkan sebagai media komunikasi kalangan akademisi hukum, praktisi hukum, dan masyarakat luas pada umumnya. Media ini merupakan forum pengkajian berbagai masalah hukum dalam masyarakat sekaligus pengembangan pemikiran di bidang ilmu hukum. jurnal Ilmiah Hukum Clavia pernah terakreditasi berdasarkan Surat Keputusan Kepala Direktorat Jenderal Pendidikan Tinggi Departemen Pendidikan Nasional No.22/Dikti/Kep/2002 tanggal 8 Mei 2002.</p> https://journal.unibos.ac.id/clavia/article/view/1113 TINJAUAN HUKUM PELAKSANAAN HAK PERTUNJUKAN (PERFORMING RIGHT) PERUSAHAAN KARAOKE DALAM PEMBAYARAN ROYALTI LAGU MELALUI KUASA LEMBAGA MANAGEMENT KOLEKTIF 2021-07-31T00:31:43+08:00 Moh. Fathur Rizki fathur11rizki@gmail.com Zulkifli Makkawaru law@universitasbosowa.ac.id Baso Madiong law@universitasbosowa.ac.id <p><em>This study aims to determine the implementation of performance rights in terms of payment of copyright royalties to creators and copyright holders at karaoke companies in the city of Makassar, to know about the implementation of Copyright royalty management by the Collective Management Institute in Makassar City, and to find out the implementation of the sanctions imposed on karaoke companies that violate the obligation to pay royalties to creators.The research method used is juridical empirical. This research was conducted at the Karya Cipta Indonesia Office in the Makassar area, the Office of the Ministry of Law and Human Rights in South Sulawesi, the Inul Vizta karaoke company and local artists or songwriters as the copyright holders. The implementation of performance rights in the payment of royalties to creators and copyright holders in Makassar City has been well implemented even though the collection mechanism is carried out by LMKN, but at the time the payment is submitted to LMK in the regions. Although it is still found that there are small-scale user businesses that have not fully entered into cooperation contracts with LMK which are still foreign to him. The implementation of performance rights is supported by the existence of the latest regulations in the Copyright Law and awareness of supporting institutions such as the Regional Office of Law and Human Rights in general socialization. The management of royalties at LMK in Makassar City is only in the form of distribution of payments, while at the stage of collection to entrepreneurs who use songs and music, it is handled directly by LKMN. </em></p> <p><em>The imposition of sanctions in violation of royalty payments for businesses using songs and music cannot be said to have been fully implemented because the data on violations of performance rights has not been seen in synchronization of data between the regional LMK and the LMKN between the collection and distribution of royalties.</em></p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1114 ANALISIS YURIDIS TERHADAP KESEPAKATAN DALAM TRANSAKSI ELEKTRONIK 2021-07-31T01:11:18+08:00 Ade Putra F Sumbara adeputrafsumbara@gmail.com Andi Tira law@universitasbosowa.ac.id Almusawir law@universitasbosowa.ac.id <p><em>This study aims to determine the occurrence of agreements in electronic transactions, and forms of dispute resolution in electronic transactions. Thisaresearch was conducted in Makassar Cityausing normative legal research methods, namely research that uses data collection as the main data source and/or data collection through interviews as the main resource person. The results show that there is an agreement in an electronic transaction if there is an offer, acceptance, payment, and delivery, this has been regulated in Government Regulation number 80 of 2019 concerning trading through electronic systems, there are two forms of dispute resolution in electronic transactions, namely legal remedies Preventive measures can be interpreted as all efforts made to prevent the occurrence of an unwanted event or situation. In e-commerce transactions, this unwanted situation is the occurrence of losses, especially losses on the part of consumers and secondly, repressive legal remedies are legal remedies taken to resolve a legal problem that has already occurred. This legal remedy is used if there has been a dispute between business actors and consumers.</em></p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1115 ANALISIS HUKUM TERHADAP TINDAK PIDANA MEMBUKA LAHAN DENGAN CARA MEMBAKAR 2021-07-31T02:18:52+08:00 Ahmad Taufiq ahmadtaufiq413@gmail.com Basri Oner law@universitasbosowa.ac.id Muhammad Halwan Yamin law@universitasbosowa.ac.id <p><em>The research aims to know: 1) the application of criminal penalties on clearing the land by incinerating as the first alternative indictment in criminal No.27/Pid.b/Lh/2020/Pn.Enr; 2) a judge's legal consideration in rendering a criminal verdict against clearing by searing in a verdict of No.27/Pid.b/Lh/2020/Pn.Enr.</em></p> <p><em>The method of research used is qualitative descriptive research by conducting interviews with those involved in the case. Research shows: 1) application of criminal penalties on clearing the land by searing at a verdict of No.27/Pid.b/Lh/2020/Pn.Enr. Has not created a sense of justice for the actions of the accused, who opens the land by searing into the forest preserve, due to a consideration of only aspects of the plantation 2) judge's legal judgment on clearing the land by searing at the verdict No.27/Pid.b/Lh/2020/Pn.Enr, in consideration of this it appears that the judge has not considered a few other factors so as not to reflect a sense of justice for the accused's actions</em></p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1116 PERATURAN PENANGANAN SAMPAH PLASTIK DI KOTA MAKASSAR DALAM MENGATASI PERUBAHAN IKLIM 2021-07-31T09:12:45+08:00 Andi Iman Teguh Indraswara aiteindraswara95@gmail.com Yulia A. Hasan law@universitasbosowa.ac.id Basri Oner law@universitasbosowa.ac.id <p><em>This study aims to find out all the obstacles experienced in overcoming climate change by handling single-use plastic waste in Makassar City, that makes Makassar City becomes the largest waste-producing area in Eastern Indonesia, and the legal rules used related to controlling the use of plastic do not can be implemented optimally.</em></p> <p><em>The research method used is descriptive qualitative. The research location is in Makassar City. Data collected by using literature review methods, interviews, observations, and documentation.</em></p> <p><em>The results showed that the obstacles to handling single-use plastic waste in Makassar City were local regulations that did not regulate the control of all types of single-use plastics, lack of public knowledge about the impact of single-use plastics, lack of long term assistance, inadequate and environmentally unfriendly waste processing facilities, and lack of awareness of perpetrators efforts to overcome the problem of single-use plastics.</em></p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1117 PELAKSANAAN GANTI RUGI PENGADAAN TANAH PADA BENDUNGAN NIPA-NIPA DI KABUPATEN GOWA 2021-07-31T21:03:44+08:00 Andi Besse Tenriawati 7andibesse5@gmail.com Zulkifli Makkawaru law@universitasbosowa.ac.id Andi Tira law@universitasbosowa.ac.id <p><em>This study aims to determine and analyze the obstacles in the implementation of compensation payments on land acquisition for the Nipa-Nipa’s Dam in Gowa Regency and toafind out and analyze the howathe problem of compensation for land acquisition for the Nipa-Nipa Dam in Gowa can be solved. The research method used is an empirical-normative research method, which is field data as the main data source such as the results of interviews and observations.</em></p> <p><em>The results of the study indicate in the implementation of compensation payments on land acquisition at the Nipa-Nipa Dam in Gowa Regency, the obstacles are, the occurrence of free buying and selling of land, the existence of absentee/guntai land ownership, and not agreeing with the price offered. compensation for land acquisition for the Nipa-Nipa Dam in Gowa Regency, namely, the active role of the land acquisition committee in conducting consensus deliberation, mediation and persuasive approaches, understanding and understanding of the social function of land. The Central and Regional Governments, especially the Gowa Regency land office, should be obliged to provide an in-depth understanding of land acquisition through legal counseling, especially land law (Agrarian) both to sub-district, village/kelurahan government officials, as well as leaders and the community intensively so that better implementation in the future. People whose land is affected by the construction of the Nipa-Nipa Dam in Gowa Regency have a better understanding of the social functions of land, so that they do not ask for such high compensation so that land acquisition for the construction of the Nipa-Nipa dam can be completed.</em></p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1118 TINJAUAN YURIDIS PENYIMPANGAN TERHADAP PIDANA MINIMUM DALAM TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NOMOR 33/Pid.Singkat/2020/PN.Mks) 2021-07-31T21:09:46+08:00 Atifa Batara Sinta atifabataras@yahoo.com Basri Oner law@universitasbosowa.ac.id Siti Zubaidah law@universitasbosowa.ac.id <p>This study aims to determine the judge's consideration in imposing sanctions under the minimum<br>sentence in the verdict case number 33 / Pid. Brief / 2020 / PN.Mks and to find out the sanctions<br>for judges who impose sentences under the minimum criminal sanction. The research method<br>used is normative legal research. Types and sources of data consist of primary data in the form<br>of statutory regulations, Supreme Court Circular Letters and Court Decisions as well as<br>secondary legal materials consisting of books, articles and journals related to this research. All<br>legal materials were analyzed qualitatively and presented descriptively analysis.<br>The results show that the judge's consideration in imposing criminal sanctions under the<br>minimum sentence is based on the Supreme Court Circular (SEMA) Number 3 of 2015 which<br>basically allows judges to deviate from the minimum crimes in Article 111 and Article 112 of the<br>Narcotics Law. Then there are no sanctions for judges who impose a sentence under the<br>minimum sentence, but every judge's decision that deviates from the minimum sentence must be <br>followed by sufficient consideration, both juridical and sociological considerations.</p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1119 ANALISIS HUKUM TERHADAP PENYAMPAIAN INFORMASI YANG MNEYESATKAN YANG MENGAKIBATKAN KERUGIAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK (Studi Kasus Putusan No.650/Pid.Sus/PN Mks) 2021-07-31T21:18:55+08:00 Iksan Ariyanto iksanariyantooo@gmail.com Marwan Mas law@universitasbosowa.ac.id Abd. Haris Hamid law@universitasbosowa.ac.id <p><em>This study aims to determine: 1) The application of criminal sanctions against the delivery of misleading information that results in consumer losses in electronic transactions in criminal case number 650/Pid.Sus./2020/PN.Mks; 2) The judge's legal considerations in imposing a criminal decision on the delivery of misleading information that results in consumer losses in electronic transactions in decision number 650/Pid.Sus/2020/PN.Mks</em></p> <p><em> The research method of the research is descriptive qualitative research by conducting interviews with related parties who handle these cases. The results of the study shows that: 1) The application of criminal sanctions against the delivery of misleading information that results in consumer losses in electronic transactions in the decision of case number 650/Pid.Sus/2020/PN.Mks has not shown a sense of justice for consumers (victims), because it only uses one statutory provision. 2) The judge's legal considerations in imposing a criminal decision on the delivery of misleading information that results in consumer losses in electronic transactions in decision number 650/Pid.Sus/2020/PN.Mks,</em></p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1120 ANALISIS HUKUM PELAKSANAAN HAK INDIKASI GEOGRAFIS KOPI ARABIKA TORAJA 2021-07-31T21:23:36+08:00 Handriwan Stakhis handriwanstakhiss@gmail.com Almusawir law@universitasbosowa.ac.id Juliati law@universitasbosowa.ac.id <p><em>The research aims to review: 1) The implementation of the book the requirements the right of Geographical Indications Arabica Toraja Coffee barriers; 2) The implementation of the right of Geographical Indications Arabica Toraja Coffee. </em></p> <p><em>Research methods that were used normative and empirical research by Using the survey questionnaire. The result showed: 1) The Geographical Indications Arabika Toraja Coffee of production, the use of a sign, keterunutan code, product marketing, and Geographical Indications at an institute of MPIG-Arabica Toraja Coffee. An indication of the right but has not yet been fully implemented by the community protection of Geographical Indications as Arabica Toraja Coffee. 2) The obstacles in the implementation of the Geographical Indications Arabica Toraja Coffee is production process processing and the use of a Geographical Indication in packaging, this is because the supporting infrastructure for the standardization process is not yet available, Arabica Toraja Coffee to the obstacles to the Geographical Indications yet understood the adequate and there is not yet the local government Toraja procedures governing the book the terms of the farmer groups, and the field counselors.</em></p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1121 ANALISIS HUKUM TERHADAP SENGKETA JUAL BELI RUKO (STUDI KASUS PUTUSAN NO. 9/PDT.G/2019/PN.Mam) 2021-07-31T21:28:53+08:00 Reskyta May Alvitra reskyta.hhmay@gmail.com Hamzah Taba law@universitasbosowa.ac.id Juliati law@universitasbosowa.ac.id <p><em>Thisaresearch aims toadetermine and analyzeathe position of the shophouse sale and purchase agreement based on the loan agreement.&nbsp; As well as the reasons for the judge's consideration of buying and selling shophouses based on a loan agreement. This research uses normative legal methods or doctrinal legal research.&nbsp; This research is a type of legal research using secondary data or library research.</em></p> <p><em>&nbsp;This research was conducted at the Mamuju District Court.&nbsp; The source of this research data comes from primary data obtained from interviews with Judge Decision No.&nbsp; 9/PDT.G/2019/PN.Mam.&nbsp; Secondary data obtained by reviewing and looking for references, articles, legislation, and other sources related to the object under study.</em></p> <p><em>&nbsp;The results of this study indicate that the loan agreement and the sale and purchase agreement, in this case, are two different things but though they are related namely a loan agreement which is followed up with a sale and purchase agreement uppreviously there has been a criminal acts of fraud reporting by the Plaintiff allegedly committed by Defendant II, because the shophouse which was the object of the sale and purchase agreement that should have been owned by Plaintiff was blocked by Defendant I and Defendant III who based their statement acknowledged that he was the owner of the shophouse based on the Deed of Grant from Defendant II. The Judge's consideration in deciding the sale and purchase dispute is basically about the Control Against the Rights of 1 (one) building/shophouse unit carried out by the Defendants. The problem arose because Plaintiff was prevented from using the shophouse, because Defendant I admitted that the shophouse belonged to him based on the Deed of Grant. The Deed of Grant was made after the Sale and Purchase of shophouse was executed. In addition, the Deed of Grant which became the basis for the control of the shophouse was denied by Defendant II because the making of the Deed of Grant at the time it was signed was a blank.&nbsp; Thus, the Judge decided which stated that Plaintiff was the owner of the shophouse and the control of the shophouse by Defendant I and Defendant III was against the law.</em></p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law https://journal.unibos.ac.id/clavia/article/view/1122 ANALISIS HUKUM PENERBITAN KONOSEMEN DALAM PENGANGKUTAN BARANG MELALUI MODA ANGKUTAN LAUT 2021-07-31T21:33:33+08:00 Sri Wahyuni Agus sriwahyuniagus207@gmail.com Kamsilaniah law@universitasbosowa.ac.id Andi Tira law@universitasbosowa.ac.id <p>This thesis aims to determine the process of issuing the bill of lading at PT. Samudra Indonesia<br>and the legal consequences in the process of issuing bill of lading through sea transportation.The<br>method used in writing this final report is a normative-empirical method, the data used is<br>primary data, namely data obtained by direct interviews with PT. Samudra Indonesia Makassar<br>branch and secondary data obtained from literature/books, documents and laws and<br>regulations.The results of this study indicate the publishing process Bill of Lading<br>(consignment). In the implementation of issuing the Bill of Lading, the Shipper places an order<br>for the ship (booking space), makes Shipping Instructions (SI), Shipping Instructions are then<br>sent to the Shipping Company to do a Stuffing Report, after doing a Stuffing Report publishing<br>Draft Bill of Lading, Shipping Line and Shipper represented by PT. Samudra Indonesia's<br>correction has been completed and it is correct that the Bill of Lading has been issued. The legal<br>consequences in the issuance of this bill of lading are the birth of rights and obligations on the<br>agreed agreement, namely,the carrier binds to carry out the safe transportation of goods or<br>people from a certain destination, while the sender binds himself to pay the cost of transportation<br>and the expeditor is an intermediary who is willing to serve the transportation of goods and is<br>responsible for ordering transport, as for the consequence of not carrying out the obligation to<br>cause a default, namely the party the defaulter compensates for the loss to the aggrieved party.</p> 2021-07-30T00:00:00+08:00 Copyright (c) 2021 CLAVIA : Journal of Law