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Reynold Simanjuntak; Apriska Sibarani

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The constitutional procedural law in Indonesia plays a crucial role in upholding constitutional supremacy, with the Constitutional Court (MK) serving as the guardian that reviews laws and resolves constitutional disputes. This article discusses the procedural law in MK, the challenges it faces, and its impact on law enforcement and justice in Indonesia. The enforcement of justice in Indonesia remains far from ideal, reflected in the chaotic legal system, structure, and culture. This study examines the Kanjuruhan Tragedy to provide an insight into the practice of law enforcement. The findings show that the state is legally responsible for the incident due to its failure to protect and fulfill the human rights of the victims. However, law enforcement in Indonesia remains discriminatory, sharp against the lower classes, yet blunt against the elites. It is hoped that law enforcement officers and the government will be more attentive and aware of the importance of fair justice enforcement, ensuring that all citizens receive legal certainty, order, and protection based on truth and justice.

Alfian Widiyanto; Saefudin Zuhri

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The rapid development of technology has significantly influenced various economic sectors, including finance. Digitalization has introduced opportunities to create more efficient, transparent, and inclusive financial services. Within Islamic finance, technological advancements address challenges such as limited access to Sharia-compliant financial services and complexities in applying Sharia principles practically. One notable innovation is Sharia-based financial technology (fintech), which combines Islamic values with modern technology to provide accessible, ethical, and sustainable financial solutions. This study explores the potential and challenges of Sharia fintech in Indonesia, a country with the largest Muslim population globally. Sharia fintech, including crowdfunding, peer-to-peer lending, and halal digital payment platforms, promotes financial inclusion while adhering to Islamic principles. However, its growth faces regulatory hurdles, consumer protection issues, and a lack of public literacy about Sharia-compliant financial products. The research highlights the role of the government and regulatory bodies such as the Financial Services Authority (OJK) in providing a supportive framework, including legal certainty, technological infrastructure, and public education initiatives. The findings emphasize that effective regulations and strategic government support are critical to fostering Sharia fintech as a pillar of the Islamic economy. With strengthened collaboration between stakeholders, Sharia fintech can contribute significantly to financial inclusion and sustainable economic development in Indonesia.

Frensiska Ardhiyaningrum

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines effective contract drafting approaches for reducing the likelihood of disputes in business dealings. Contracts are a crucial legal tool in an increasingly complicated corporate world, governing the rights and obligations of the parties. However, many contracts are poorly constructed, causing uncertainty and the possibility of lawsuits. The paper discusses several contract drafting approaches, such as employing clear and straightforward wording, establishing realistic terms and conditions, and incorporating a dispute resolution mechanism. Furthermore, this study emphasizes the need of completing due diligence on all parties involved and understanding the necessary legal background. By taking these procedures, parties can lessen the chance of disputes while boosting legal certainty throughout contract implementation. The study's findings are expected to assist legal experts and business owners in developing more effective and efficient contract language.

Ni’matul Fauziyah S. A. P; Krisnajaya Farhan Saputra; Syalaizha Febtria Putri

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage in Indonesia is regulated by Law Number 1 of 1974 which requires implementation according to religious law, but interfaith marriages often cause problems, especially in inheritance rights. Indonesia recognizes three inheritance law systems: Islamic, civil, and customary, which regulate inheritance differently. Children from interfaith marriages often face inheritance obstacles, especially if there are differences of faith between the testator and the heirs. Several court decisions provide inheritance rights through a mandatory will, but are limited to one-third of the inheritance. Existing solutions include preparing a clear will, mediating disputes, and involving a notary to validate documents. A comprehensive approach through legal education and collaboration between the government, non-governmental organizations, and the community is needed to provide legal certainty and justice for children from interfaith marriages.

Saskia Nursukma; Yohana Sekar Pawening; Irwan Triadi

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study focuses on examining the comparison between the principles of general criminal law and military law applied in the justice system, through a comparative method with a normative juridical approach used as a comparative identification process of the two legal systems which includes the process of examination, trial, sentencing and consideration of legal principles. The difference in nature between general criminal law and military law is that general criminal law (Commune delicta) which anyone can carry out, is the opposite of Military Law as a special crime (Delicta proparia) which can only be carried out by certain people, in this case by a military man. Based on a literature study to see the principles of implementing the two laws, this study aims to show how the comparison of the two systems is applied, reviewing aspects of Human Rights, Justice and Legal Certainty in the legal justice system in Indonesia.

Sajid Munandar Alam; Yossie Maria Yulianty Jakob; Husni Kusuma Dinata

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to determine the legal status of the eigendom verponding land No. 1 AAN after the decision No. 27/Pdt.G/2019/PN Soe, and the legal consequences of the decision No. 27/Pdt.G/2019/PN Soe. The benefit of this research is to contribute to the development of knowledge in general legal studies and specifically in agrarian law, particularly in the context of the control of western lands that have not yet been converted according to the provisions of the Basic Agrarian Law. This research is a type of normative research. The results of this study show: (1) The legal status of the eigendom verponding land No. 1 AAN after the decision No. 27/Pdt.G/2019/PN Soe is valid and has binding legal force because it has been registered and ratified by the Regent of Timor Tengah Selatan, Drs. C Tapatab, on July 27, 1979, as a representative of the Directorate General of Agraria. (2) The legal consequence of decision No. 27/Pdt.G/2019/PN Soe is that nothing can be executed because the judge declared the case inadmissible (Niet Ontvankelijke Verklaard - NO), meaning the substance of the case cannot be examined, but the plaintiff was ordered to pay court fees amounting to IDR 5,811,000 (Five million eight hundred eleven thousand Rupiah). The author's recommendation is that the public should keep and document all land ownership-related documents, that plaintiffs or heirs should file a new lawsuit so that the substance of the case can be continued, that the government should ensure legal certainty in every process of acquiring ownership rights, that the Timor Tengah Selatan Regional Government should issue a final Regional Regulation related to land law, and that judges in the PN Soe Court should dig deeper into the information to resolve the dispute regarding the eigendom verponding land No. 1 AAN.    

Soni Esrayanus Benu; Darius Mauritsius; Husni Kusuma Dinata

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The increasing need for land has made land purchase and sale agreements more and more occurring. The sale and purchase agreement made by agreement must be carried out on the principle of clear cash. However, in practice, there are still many buying and selling that are not in accordance with the principle of light cash and the principle of Nemo plus juris as the principle of land registration. Problems regarding the sale and purchase of land that are not in accordance with procedures, not in accordance with existing principles and even not carried out in front of the authorized officials, namely the Sub-district Head and PPAT, still occur in Fatukoa Village, Maulafa District, Kupang City, resulting in legal uncertainty and land rights on the land object being traded. Uncertainty about the law. The type of research used is empirical legal research, and the data sources taken are primary data, secondary data and tertiary data. The population and samples taken are: 2 sellers, 2 buyers, heirs and the community. The sample used is the saturated sample technique where all members of the population get the same opportunity. The results of the study show that: (1). The authority of the sub-district head in making a letter of release of rights is contained in article 131 Paragraph (3) of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency No. 3 of 1997 concerning the Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. Regarding land that is sold and sold without using a PPAT deed, it must be done at the sub-district where the land is located, applicants who want to make SPPHT must follow the existing procedures and procedures starting from the agreement of both parties, the readiness of documents, the creation and implementation of SPPHT, registration to the signing and submission of the land rights release letter. (2) Public awareness of the existing regulations The level of public awareness of fatukoa is still very low. The public really does not understand the importance of registering land rights and the implementation of buying and selling with existing procedures with PPAT deeds or with letters under hand, namely the release of land rights. The factors that hinder the legal awareness of the community in Fatukoa Village are education factors and economic factors.  

Bafelix Marlon Naitboho; Yohanes G. Tuba Helan; Detji K.E.R. Nuban

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The government is required to always be able to prosper the community it leads, but most people still lack participation in every government program or policy issued. As mentioned in Law Number 24 of 2013 concerning Population Administration, population documents are official documents issued by Implementing Agencies that have legal force as authentic evidence resulting from population registration and civil registration services. This study uses an empirical juridical method seen from norms or das sollen and an empirical approach, namely law as a social and cultural reality by taking primary data from the field in analyzing existing problems. Based on the results of research and discussion, it was found that the government in this case is still making efforts to pick up the ball in collaboration with traditional leaders and religious offices to socialize the importance of taking care of marriage certificates and collect data on couples who hold marriages in Kupang Regency and are required to issue marriage certificates after receiving marriage reports from the authorities    

Nabila Azrilia Syahra; Fitriana Yasintha; Rawdia Tuzahara; Nur Azmi; Wismanto Wismanto

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article discusses the concept of buying and selling from the perspective of muamalah fiqh and its implications for sharia economics. Buying and selling, as one of the most common economic transactions, has a strong legal basis in muamalah fiqh which regulates the principles of justice, transparency and certainty in trade. This research identifies various forms of transactions that are permitted and prohibited in sharia, as well as legal conditions for buying and selling. Through a normative analysis approach and case studies, this article also explores the impact of applying the principles of muamalah fiqh on sharia economic growth, including how sharia-compliant transactions can increase public confidence in business, encourage the growth of small businesses, and create more equitable prosperity.

Ismidar Ismidar; Tamaulina Br. Sembiring; Saphta Nugraha Isa

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The formation of laws and updates to legal materials must be aimed at realizing social equilibrium , namely an orderly, just and prosperous life. The pattern of communication or dialogue and dialectics that occur in the process of forming legislation will affect the character of the law, the more transparent and participatory the more responsive the law will be. This research method uses normative juridical. The legal policy of legislation should include three things: (i) guarantee justice in society ; (ii) create a peaceful life (create alive placidity ) by maintaining legal certainty; and (iii) realize usefulness (realize use ) by handling real interests in common life in a concrete manner. The application of the principle of justice is based on "legal enforceability" and "equality before the law". The principle of legal certainty is achieved through: (i) clear and firm norming regarding obligations and prohibitions; (ii) legal transparency that prevents society from normative confusion; and (iii) continuity of legal order that provides a reference for future behavior. The principle of utility is based on the ability of law as a social instrument to integrate the aggregation of social interests so that they do not clash with each other, and instead order occurs.

Tasya Halimah Nia Purwanti; Amellia Intan Syavitri; Faisal Hasyim; Prabowo Abimanyu

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The transfer of land ownership certificates is an important legal process in Indonesia's land system, regulated by various laws and regulations, such as the Basic Agrarian Law and its implementing regulations. The procedure for transferring ownership certificates begins with a legitimate sale and purchase transaction, followed by registration with the National Land Agency (BPN). However, in practice, obstacles often arise, one of which is when the seller's whereabouts are unknown, which can hinder the process of transferring land rights. In this situation, the buyer can take various legal actions, including filing a civil lawsuit in the District Court to obtain a court ruling confirming the legal transfer of rights, or submitting a request for a decree to the Administrative Court (PTUN) if BPN rejects the application for the transfer of land rights. The perspective of the PTUN legal procedure explains that the buyer can challenge the BPN decision if it is deemed contrary to the law or the principles of good governance (AUPB), with sufficient evidence to support their claim. In this case, PTUN plays a role in providing justice and legal certainty for the aggrieved party. Therefore, even when the seller’s whereabouts are unknown, through the appropriate procedures and legitimate legal actions, the buyer can still acquire ownership rights over the land purchased.

Ridhanto Saksono; Rumainur Rumainur

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

This research aims to understand and analyze Article 73 of Government Regulation No. 11 of 2021 on Village-Owned Enterprises (BUM Desa) with a focus on the transformation of Community Revolving Funds (DBM) from the former PNPM MPd into BUM Desa bersama LKD). The research discusses the use of DBM assets from the former PNPM MPd as capital in the formation of BUM Desa bersama LKD, as mandated by Article 73 of Government Regulation No. 11 of 2021 on Village-Owned Enterprises. This regulation is in accordance with the mandate of Law No. 6 of 2023 on the Enactment of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation as a Law and Law No. 3 of 2024 on the Second Amendment to Law No. 6 of 2014 on Villages. The data collection technique used in this research is documentation with an analytical matrix instrument. This study employs a normative juridical legal research method, as the title indicates a juridical review. The research concludes that the management of DBM from the former PNPM MPd must transform into BUM Desa bersama LKD to provide a legal foundation and certainty for DBM activities, ensure the preservation of communal assets in one sub-district, and utilize DBM assets from the former PNPM MPd as capital in the establishment of BUM Desa bersama LKD. The issuance of Government Regulation No. 11 of 2021 on BUM Desa is seen as the government's responsibility in overseeing the management of DBM from the former PNPM MPd as part of poverty alleviation efforts.

Putri Amaliah Baderung; Fence M. Wantu; Nur Mohamad Kasim

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Since 2017, the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency has been tasked by President Joko Widodo to complete land registration across Indonesia by 2025 through the Complete Systematic Land Registration Program (PTSL). Based on Ministerial Regulation ATR/BPN Number 12 of 2017, updated with Number 6 of 2018, this program aims to provide legal certainty and protection of land rights for the community. However, many people, especially in North Gorontalo Regency, still do not understand how to obtain land certificates due to a lack of information and education about PTSL. This research aims to explore government policies that provide land ownership certificates as legal protection for the community. Better coordination is needed between local governments and the Ministry of ATR/BPN to raise public awareness of the importance of land certificates, which not only guarantee ownership but can also be utilized as business capital. The PTSL program is expected to improve community welfare and reduce land disputes. Research findings indicate that public understanding in North Gorontalo Regency remains low, with obstacles such as a lack of information, complicated procedures, and limited access. Government policies need to include regulatory simplification and increased transparency as well as public services.

Sanusi Sanusi; Mukhidin Mukhidin; Fajar Ari Sudewo; Ervin Hengki Prasetyo

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Civil law is a branch of law that regulates relations between individuals or legal entities in terms of their personal interests. In civil law, a contract is considered a legal agreement between two or more parties who give each other promises to do or not do something. This research uses normative methods with qualitative research methods which use primary legal material sources, such as laws and the Criminal Code as well as secondary materials, such as books and journals. Contract law is an agreement between two or more people which creates an/an obligation to do or not do a specific thing. There are elements that are considered valid and binding. This includes the existence of an agreement from two or more parties, the desire or aim of the parties for legal consequences to arise, the legal consequences of the agreement only bind the parties and do not bind third parties, and certain agreements must be made in accordance with the law. There are legal principles in contract law, including freedom of contract, consensualism, and pacta sunt servanda. The conclusion is that contract law contains elements that are considered valid and principles in making agreements as well as the influence of written evidence in making a contract which provides legal certainty and as proof of the agreement. There are two main doctrine in contract law, classical and contemporary doctrine. The classical doctrin emphasize the legal certainty to be the core of legal issue in contract law. The doctrine noted that every single purpose of parties should be stated in contract in order to put binding eJect to the parties. It also distinguish the concept of breach of contract and tort. The petition for breach of contract should be based on the concept of breach of contract instead tort. In reverse, the contemporary doctrine emphasize the justice and appropriateness aspect in a contract. It recognized the contract as the whole process held by pre-contractual phase, contractual phase, and post- contractual phase. Hence, it realize the existence of impact toward promises stated by one party to others which is distinctly diJerent to the classical doctrine that neglect the impact of pre- contractual. The contemporary doctrine eliminates the distinguishing of breach of contract and tort as the basic of the sue because breach of contract was the specific genus of tort.

Diana Ndun; Orpa Ganefo Manuain; Rosalind Angel Fanggi

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is a normative research, so this data is carried out by conducting a literature study on the verdict. Data sources are obtained from primary legal materials, namely: laws and regulations and court decisions, secondary obtained from literature and literature studies, tertiary legal materials obtained from the internet, dictionaries, and encyclopedias. The results of the research obtained from analyzing the verdict show that (1). The basis for the judge's consideration in imposing criminal sanctions against distributors of pharmaceutical preparations without expertise and authority by looking at the Judge's Juridical Considerations and Non-Juridical Considerations of the judge is appropriate and uses an Article that meets the elements of the perpetrator's violation in accordance with the Health Law, but the imposition of criminal sanctions is very light and far from the provisions of the Article. (2). The suitability of the imposition of criminal sanctions in Decision Number 150/Pi.Sus/2021/PN Kupang with the Health Law given by the Judge to the defendant is so light that it cannot guarantee that the defendant will feel frustrated and will not repeat his actions again. This makes the sense of justice, usefulness and legal certainty not fulfilled properly. The author's suggestion that the criminal sanctions imposed by the Panel of Judges against the defendant should not only consider the behavior and actions of the defendant but also look at the consequences of the defendant's actions that can have a bad impact on the health of consumers/patients who take the hard drug.

Laila Nadia; Sumriyah Sumriyah

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a human right, as stated in Article 28B paragraph (1) of the Second Amendment to the 1945 Constitution, and marriage is explicitly regulated in Law No. 1 of 1974 on Marriage. Article 2 of the Marriage Law states that marriage must be registered according to the applicable laws and regulations. However, this cannot be fully implemented throughout Indonesia, especially in the Dsn Tanjung area, Taman Kec Jrengik Sampang. One of the factors preventing full implementation is that marriages are conducted underage. This research uses an empirical research approach, also known as field research. The purpose of this method is to investigate the applicable legal provisions and their implementation in society. The research results show that children born from unregistered marriages face difficulties in obtaining civil status and legal certainty.  

M. Adi Putra; Zainal Arifin Hosein

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to compare the bankruptcy application procedures between State-Owned Enterprises (BUMN) and Regional-Owned Enterprises (BUMD). Bankruptcy is a condition that significantly impacts economic stability, both nationally and regionally. In this case, both types of enterprises are regulated by different regulations but with similar underlying principles. Therefore, this research examines the differences and similarities in bankruptcy procedures for BUMN and BUMD, as well as the authority each possesses in the bankruptcy application process. Additionally, this study highlights the importance of harmonizing regulations governing bankruptcy procedures to ensure the coherence of the prevailing legal system. The research method used is normative legal research with a legislative approach and a conceptual approach. This research reveals that although there are similarities in objectives, significant procedural differences require adjustments to create uniformity and legal certainty in resolving bankruptcy issues for both types of enterprises.

Gultom Rosmaida Feriana; Zainal Arifin Hosein

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The discontinuity of regulations concerning health workers in health law legislation poses a challenge for the application of the principle of legal certainty in Indonesia. The principle of legal certainty is an essential foundation in the legal system that guarantees the rights and obligations of health workers and the community. However, there is a gap between the regulations for health workers and the principle of legal certainty, which impacts the clarity of the legal status, rights, and obligations of health workers. This research aims to examine the discontinuity between health workers' laws and the application of the principle of legal certainty, as well as the impact arising from this inconsistency. Additionally, this research identifies efforts that can be made to align labor regulation and health worker regulations with the principle of legal certainty. Using normative legal research methods through legislative and conceptual approaches, this study finds that regulatory harmonization is necessary to strengthen legal certainty in health worker regulation in Indonesia.

Nuri Yani

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The right to life is one of the human rights stated in the constitution of the Republic of Indonesia. In Indonesia, abortion is generally prohibited by law. However, for rape victims, abortion is considered an option that needs to be considered to protect the victim. However, until now there is still legal uncertainty regarding the gestational age limit for abortion for rape victims. The problem formulated is how the law protects victims and the implications of regulatory inequality. Using a normative legal approach, the theoretical study examines human rights, reproductive health, and feminism, which emphasizes the victim's right to choose abortion to reduce suffering. The results of the discussion show the unclear rules on gestational age in the Health Law and PP No. 28 of 2024, which differs from the 14-week limit in the Criminal Code. In conclusion, harmonization of regulations is needed to provide legal certainty for victims and medical personnel in carrying out abortions.

Tiana Afiani

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Land acquisition for public interest often gives rise to various legal issues, including disputes between the government, landowners, and other interested parties. These disputes typically revolve around compensation, the acquisition process, and legal certainty. This article aims to analyze the examination mechanism for specific disputes arising from land acquisition for public purposes, by reviewing relevant laws and regulations. The research employs a normative juridical approach to examine statutes, regulations, and court decisions related to land dispute resolution. The findings indicate that although regulations governing dispute resolution mechanisms exist, their implementation often faces challenges, such as unclear compensation values and lack of transparency in the land acquisition process. Therefore, regulatory reforms and increased oversight are necessary to ensure justice and legal certainty for all involved parties.