Publication Search

This study aims to examine the regulatory framework concerning Government Employees with Work Agreements (PPPK), particularly in Functional Expert Positions in Indonesia and to identify how the policy implementation of PPPK in Functional Expert Positions is carried out at the Constitutional Court. The research employs an empirical method with a qualitative approach. The types of data used include both primary and secondary data: primary data was obtained through field interviews, while secondary data consists of documents, information, books, and facts sourced from official records and legislation. The findings of this study indicate that the implementation of policies related to Functional Expert Positions at the Constitutional Court still faces regulatory inconsistencies, especially in the selection mechanism, which does not fully adhere to the established rules. Additionally, competency development for PPPK employees is not supported by systematic planning, which risks creating skill gaps. This situation may lead to uncertainty in career progression and reflects that the management of PPPK still encounters several fundamental challenges in its implementation.  

Peace agreements serve as an alternative solution for resolving debts between debtors and creditors, aiming to enable debtors to restructure their debts and maintain business continuity. The peace agreement process is governed by strict procedures, including the submission of a peace plan by the debtor, approval by concurrent creditors through voting, and ratification by the Commercial Court through a homologation hearing. A ratified peace agreement is binding on all concurrent creditors but can be annulled if the debtor fails to fulfill their obligations, as illustrated in the case of PT Perindustrian Njonja Meneer. This study employs a normative legal method with a statutory approach and qualitative data analysis. The findings indicate that the success of a peace agreement depends on the debtor’s compliance and the creditors’ approval.  

Ratification is the formal process by which a country approves and legally ratifies an international agreement. Ratification was first introduced at the Vienna convention. The ratification of IE-CEPA was realized by the ratification of Law Number 1 of 2021 in accordance with the contents of Article 11 of the 1945 Constitution for the sake of the welfare of society. This research aims to determine the content of IE-CEPA and its impacts on Indonesia. This research uses normative research methods and is presented descriptively analytically. The results of the research conclude that this ratification has fulfilled the standards of international agreements and also the contents of the 1945 Constitution. Apart from that, this ratification has an impact on law, namely the obligation to harmonize national law and the economic impact which is marked by an increase in the trade graph of both parties.

This research aims to analyze the responsibility of developers and consumers in the pre-project selling agreement if force majeure occurs. And this research aims to analyze the actions or risk mitigation efforts that can be taken by developers and consumers in the pre-project selling agreement if a force majeure event occurs.  The approach used is normative with statutory and comparative methods, relying on primary and secondary legal materials through literature studies. This research uses descriptive analysis, namely describing the impact of force majeure events on pre-project selling agreements that correlate with liability and risk mitigation efforts for developers and consumers. The liability of developers and consumers to risks due to force majeure is that developers and consumers are fully responsible for their rights and obligations in the agreement. Developers are responsible for providing clarity of information according to the agreement, while consumers are responsible for their own actions against risks according to the agreed agreement. Risk mitigation efforts that can be done by developers and consumers are setting force majeure clauses in pre-project selling agreements to protect the interests of developers and consumers and making addendums as an alternative solution that is preventive to legal risks in pre-project selling agreements.    

This research is a qualitative descriptive study which aims to describe and analyze politeness in language between characters and then describe the problem as a meaning or new information through the Maxims of content in the Novel Suluh Rindu. The data source for this research is to know the contents of the Novel Suluh Rindu, namely there are 6, then the data collection technique in this research uses reading techniques and note-taking techniques. The data analysis techniques in this research are data reduction, data presentation, and drawing conclusions. The results of this research show 1) The wisdom Maxim (tax Maxim) 2) Generosity Maxim  3) Approbation Maxim contained 4) The Modesty Maxim 5) The sympathy Maxim contained in the novel Suluh Miss by Habiburrahman El Shirazy means that in this 6) The Maxim of Agreement (agremeent Maxim) contained in the novel suluh longing by Habiburrahman El Shirazy means that in this novel it functions as a reminder of the importance of tolerance and respect for differences of opinion. By agreeing with other people's opinions and beliefs, we can show that we respect them.

A standard agreement is a form of standard contract that is drawn up unilaterally by business actors, without providing flexibility for consumers to negotiate the content of the clauses contained therein. This characteristic creates an imbalance in the legal position between business actors and consumers, which in practice is often used to include exculpation clauses or unilateral clauses that are substantively detrimental to consumers. In the context of Indonesian law, this form of contract has become a common practice in various sectors, ranging from financial services to electronic transactions, so the urgency of legal protection for consumers has become increasingly significant. This research aims to analyze and evaluate the form of legal protection for consumers in standard agreements, based on the provisions of Law Number 8 of 1999 concerning Consumer Protection and related legal instruments, including implementing regulations and relevant jurisprudence. The research approach used is normative juridistic, with data collection methods through literature studies, normative analysis of laws and regulations, and an examination of several concrete case studies that illustrate imbalances in the legal relationship between consumers and business actors. The results of the study revealed that although normative legal protection has been regulated quite firmly, especially in the provisions regarding the prohibition of the inclusion of clauses that are detrimental or misleading to consumers, various structural and cultural obstacles are still found in its implementation. These obstacles include weak supervision mechanisms for business actors, limited consumer access to legal understanding, and suboptimal role of consumer dispute resolution institutions. Thus, it is necessary to strengthen regulations through more operational legal instruments, increase the capacity of supervisory institutions, and mainstream consumer legal literacy as a long-term strategy in realizing a fair, effective, and sustainable consumer protection system.

The indigenous Nggolonio community gave land to newcomers (Dhajong) with the mandate that this land was only for making settlements, surviving and earning a living and not for other interests. However, the Dhajong community used this land for the construction of public facilities, the indigenous community of Nggolonio Village questioned the implementation of the mandate from their ancestors. The research used was empirical legal research with a qualitative approach. Data collection for this research was interviews and document studies. The results of the study indicate that the position of the customary rights of the Nggolonio Community against the rights of the Dhajong immigrant community, customary rights are the collective rights of the indigenous community to a certain area that is inherited from generation to generation. This right includes control and management of land and the natural resources above it. In the context of immigrant communities, access to and use of customary land is usually regulated by customary mechanisms that apply in the local community. This can involve the involvement of special agreements or land use permits that are mutually agreed upon between the indigenous community and immigrants. It is important to note that each indigenous community has different rules and mechanisms in managing relations between indigenous communities and immigrants. Therefore, a deep understanding of customary law and local practices in Nggolonio Village is essential to obtain an accurate picture of the status of customary rights of indigenous peoples and the rights of immigrant communities in the area.

Most people do not know the legal basis for resolving traffic accidents that result in death through restorative justice (peaceful, family). Such a wrong public perception will cause great harm to the government's efforts to develop in the legal field, among other things, it can raise confusing questions. This study is a contribution of researchers' thoughts to participate in solving one of the legal problems that have long occurred in society. The research used is juridical-sociological or empirical research with a legal research approach. This research is an in-depth interview. The data collected are verbal and nonverbal. The conversation is recorded in a notebook or recorded with a tape recorder. The data is processed, analyzed and interpreted in a juridical-descriptive manner to explain or describe the data obtained by providing a logical interpretation and confirmed by the opinions of experts. The results of the study indicate that the causal factors or reasons for peaceful resolution or restorative justice of traffic accident cases resulting in fatalities at the Kupang City Police Resort are public legal awareness, public tendency to prioritize peace and family, and police discretionary authority. The practice of restorative justice resolution of traffic accident cases resulting in fatalities is carried out through the stages of the Approach Stage, Mediation Stage, Agreement Making Stage, Agreement Implementation Stage, and Completion and Case Closed Management.

The problem of the legality of the agreement of the deed of debt and credit agreement into buying and selling requires legal certainty so that no one is harmed. Normative legal certainty is when a regulation is made and promulgated with certainty because it regulates clearly and logically. Clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that it does not clash or cause norm conflicts. Norm conflict arising from rule uncertainty can take the form of norm contestation, norm reduction or norm distortion. This research approach is descriptive analytical which describes legal events that occur as they are and conveys these conditions according to theory and legislation. The research method used in the research is empirical juridical which analyzes the Bandung District Court Decision Number: 162/PDT.G/2021/PN.BDG regarding the Legality of the Deed of Sale and Purchase Agreement as Collateral for Debt and Credit Due to Legal Defects. The results of this study show that; AJB, which should be a proof of transfer of land rights in a real sale and purchase transaction, in this case is used to guarantee debt repayment. This is a deviation from the function of the AJB, which is legally unjustified because it contradicts the principle of halal causa (Articles 1335 and 1337 of the Civil Code). Therefore, the AJB made does not meet the elements of a valid causa, and therefore can be canceled or even null and void.

Creditors are parties who have receivables based on agreements or legal provisions that can be collected through legal channels. In the practice of lending, collateral is very important to provide legal certainty and a sense of security for both parties, both creditors and debtors. This study discusses two main problem formulations, namely the position of the guarantee of dependents against creditors when the debtor defaults, and the form of legal protection for creditors if the right of dependency cannot be executed. The method used is normative juridical research that examines the applicable positive legal provisions. The results of the study show that if the debtor defaults, the creditor has the right to execute the collateral object through sale to cover his receivables. However, under certain conditions the right of dependency cannot be executed, so a legal mechanism is needed that provides protection to creditors. This protection is regulated in Law Number 4 of 1996 concerning Dependent Rights, especially in the articles that regulate the definition of dependent rights, the execution process, and the principle of droit de suite which guarantees the rights of creditors to the collateral object even if they change hands. Thus, the legal system of dependent rights is an important instrument in ensuring certainty and legal protection for creditors.

This study aims to (1) determine the legal provisions regarding the execution of fiduciary guarantees based on Law Number 42 of 1999 concerning Fiduciary Guarantees, (2) determine the legal limitations in the execution of fiduciary guarantees against problematic credit based on applicable legal provisions. The type of research used is normative legal research, using a qualitative approach. The results of the study indicate that although normatively fiduciary execution can be carried out directly by the creditor based on a fiduciary certificate that has executorial power, in practice various obstacles arise. These obstacles include the unregistered fiduciary deed, imperfect agreements, debtor approval, to the decision of the Constitutional Court which guarantees the existence of a default agreement and court involvement if an agreement occurs. This study concludes that legal protection for debtors is getting stronger, but the effectiveness of fiduciary as a credit guarantee faces new challenges in its implementation.

This research explores positive politeness strategies in the 2020 film All the Bright Places by analyzing the characters' dialogue. It is based on Brown and Levinson's (1987) theory of positive politeness, supported by Halliday and Hasan's (1989) context of situation framework. Using a qualitative descriptive method, the study analyzes the film script. Data is collected through documentation, including note-taking and recording techniques, to identify relevant utterances. The findings show that fourteen out of fifteen positive politeness strategies from Brown and Levinson's theory appear in the film. Strategy 4, which uses in-group identity markers, is the most common. The characters often try to build solidarity and emotional connection. Other frequently used strategies include noticing the listener, offering or promising, and seeking agreement. These strategies reflect the characters' efforts to build and maintain relationships, show empathy, and manage social interactions. The study concludes that positive politeness strategies are essential in shaping the film's interpersonal relationships and emotional development. Overall, the research highlights how language use in film reflects psychological and social aspects of communication, offering insights into the role of pragmatics in fictional narratives.

This study aims to analyze the legal responsibilities that can be imposed on online lending platform organizers for the misuse and illegal distribution of consumer personal data. With the rapid development of the online lending industry, the issue of protecting consumer personal data has become a very important issue. Misuse of personal data can have serious impacts on consumers, including identity theft and financial loss. Therefore, this study examines the forms of legal responsibilities that can be applied, such as administrative, criminal, and civil responsibilities, as well as the obstacles faced in their implementation. This study uses a normative approach with an analysis of applicable regulations, namely the Personal Data Protection Law (UU PDP), the Electronic Information and Transactions Law (UU ITE), and other related regulations. Data were obtained through a literature review covering relevant laws and regulations, journals, articles, and case studies. The results of the study indicate that online lending platform organizers can be subject to three forms of legal responsibilities. Administrative responsibilities include sanctions imposed by supervisory authorities such as the Financial Services Authority (OJK) and the Personal Data Protection Agency (BPDP). Criminal responsibilities can be in the form of imprisonment and fines for those who violate provisions related to personal data protection. Civil liability gives consumers the right to file a lawsuit for losses caused by a breach of their personal data. This study also identified various obstacles in implementing legal liability, such as lack of awareness of organizers, difficulties in supervision, and legal loopholes in user agreements.

The implementation of the Trade Facilitation Agreement (TFA) adopted by the World Trade Organization (WTO) since 2017 aims to reduce administrative barriers in international trade and improve the efficiency of the export-import process. By ratifying the TFA through Law No. 17/2017, Indonesia is expected to optimize trade and customs procedures, speed up the movement of goods, and reduce trade costs, which in turn supports economic growth and exports. The TFA includes simplification, modernization, and harmonization of export-import procedures, which are expected to provide significant benefits, especially for developing countries such as Indonesia. This research aims to analyze the implementation of trade facilitation in Indonesia. The research method used is normative legal research, which examines legal data sourced from literature (secondary legal materials). The implementation of this agreement has shown positive impacts, including reduced trade costs and increased export access, especially for small and medium enterprises. The Indonesian government, through the ratification of the TFA, aims to facilitate global trade by increasing transparency and efficiency in the export-import mechanism.  

PT Bank Syariah's use of mudharabah concepts in Islamic accounting is examined in this paper. An agreement for profit sharing between the fund manager (mudharib) and the fund owner (shahibul maal) is known as mudharabah. The purpose of this research is to investigate how well mudharabah concepts align with the National Sharia Council's Fatwa and PSAK No. 105. The results show that PT Bank Syariah has applied mudharabah accounting principles in accordance with PSAK 105 in measuring, recognizing, presenting, and disclosing mudharabah financing transactions. However, the implementation of mudharabah pillars and conditions has not fully complied with the Fatwa of the National Sharia Council. Transaction recording uses the completion date method and cash recognition. Mudharabah investments are presented at their carrying value. Nevertheless, the portion of mudharabah financing is still smaller compared to murabahah contracts. This study concludes that PT Bank Syariah needs to improve the conformity of mudharabah principles with the Fatwa of the National Sharia Council.

The phenomenon of buying and selling photocards is growing among music fans, with X social media widely chosen as a platform for buying and selling due to its ease of access and wide reach. However, this practice often raises legal issues, especially regarding the occurrence of fraud by the seller through the provision of false evidence of goods or the sale of non-original goods. This study aims to analyze the legal implications of photocard sale and purchase agreements that contain elements of fraud. This study uses a normative legal research method with a statutory approach and a conceptual approach. Based on the results of the research, it is known that the agreement containing elements of fraud does not fulfill the subjective aspects in the validity of the agreement as stipulated in the Civil Code (KUHPerdata), thus causing a defect of will. As a result, the agreement can be canceled through the mechanism of requesting cancellation in court.

The highest sovereignty lies in the hands of the people and is carried out based on the Constitution". Likewise, Article 1 paragraph (3) which reads: "The State of Indonesia is a State of Law". Previously known as a state based on law (rechtsstaat). This concept is an elaboration of the Rule of Law concept, guided by the continental European legal system. From the perspective of understanding people's sovereignty, the highest sovereignty lies in the hands of the people. The highest power in the hands of the people is limited by the agreement that they themselves determine together which is stated in the rules of law which culminates in the formulation of the constitution as a product of the highest agreement of all the people. The democratic system as stated in Article 1 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia, that: "is marked by direct democracy by the people, from the people, and for the people". So the head of state who before the amendment was elected by the MPR RI has changed where he is elected directly by the people through the election of the president and vice president and even regional heads (regional elections). Government for the people means that the power given from and by the people to the government must be exercised for the benefit of the people.Therefore, there needs to be government sensitivity to the needs of the people and to the aspirations of the people which need to be accommodated and then followed up through the issuance of policies or through the implementation of government work programs. This paper uses normative legal research conducted with a statutory and conceptual regulatory approach which will later assess the Indonesian General Election in the Pancasila.

The Convention on the Rights of the Child is an instrument that formulates universal principles and legal norms regarding the status of children, which aims to uphold the principles of recognition of the inherent dignity and equal rights of children who are recognized as human beings and is the basis for freedom, justice and peace with an agreement to ensure that children's basic needs are met.

Psoriasis is a chronic inflammatory disease that attacks the skin and can occur at any age with various clinical variations. The diagnosis is generally made clinically, but in atypical cases a biopsy is required for confirmation. The combination of clinical and histopathological examination provides more accurate diagnosis results. This study aims to assess the suitability of clinical diagnosis and histopathological examination results in psoriasis vulgaris in Semarang Regency. This cross-sectional observational study was conducted by the department of dermatology, venereology and aesthetics at Diponegoro University. A total of 10 samples were clinically diagnosed as psoriasis vulgaris or other morphological types of psoriasis vulgaris at a Dermatology Polyclinic in Semarang Regency, over a period of 2 years. The clinical manifestations of 10 cases with a clinical diagnosis of psoriasis vulgaris assessed from the typical predilection and the presence of scaly plaques tended to be consistent with the histopathological diagnosis but were not statistically significant. Concordance between clinical diagnosis and histopathological diagnosis was observed in 8 (80%) cases and discordance in 2 (20%) cases. Based on the research results, it can be concluded that there is a high level of agreement (80%) between clinical diagnosis and histopathological features in cases of psoriasis vulgaris.

Drivers who frequently experience fictitious orders face significant psychological impacts. Stress and frustration are common reactions when they have to face situations where they have used time and resources to respond to orders that are not taken or canceled without clear reasons. The research methodology used in this study is a qualitative approach with a case study method. The qualitative approach was chosen because it aims to understand in depth the legal impact of combining sales and purchase agreements and debts on fictitious online motorcycle taxi order transactions, especially from the perspective of online motorcycle taxi drivers. The case study method was chosen because it allows researchers to investigate in depth one particular case, namely online gofood drivers in Desa Tengah, Pancur Batu, who experienced financial losses due to fictitious orders. Based on the findings of this study, it can be concluded that fictitious orders in online motorcycle taxi services, as analyzed in the context of combining sales and purchase agreements and debts according to Islamic jurisprudence, have significant impacts both in terms of law and psychology. Legally, this practice violates the principle of a valid contract according to the fiqh of Al Masyqhul la Yusyghal, because it involves elements of fraud that are detrimental to drivers. Psychologically, drivers experience stress, frustration, and anxiety that have the potential to disrupt their overall well-being.