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Sudirwan Sudirwan

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Unregistered marriage (nikah sirri) is a phenomenon that has attracted the attention of many, both from the perspective of Islamic law and positive law in Indonesia. This study aims to critically examine nikah sirri, including its definition, legal basis, and the social impacts it causes. Using a qualitative approach, this research collects data from various sources, including legal literature, interviews, and case studies. The results show that although nikah sirri is recognized under Islamic law, its practice often conflicts with the state's legal protection and can have negative consequences, especially for women and children. The issue of nikah sirri is complex as it involves two different legal domains—religious law and state law. On the one hand, nikah sirri may be considered valid according to Islamic principles if it fulfills the requirements and pillars of marriage. On the other hand, since it is not recorded in the state’s administrative system, it raises several legal and social issues, particularly regarding the protection of women's and children's rights. Therefore, a well-structured problem formulation is needed to thoroughly explore the conflicts and gaps between Islamic law and positive law in addressing the practice of nikah sirri.

Elisabeth Trivonia Lali; Sepriliani Suryati Eltin Satung; Stefanus Don Rade

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Marriage is a very important event in the life of our society. Marriage not only involves the bride and groom, but also the parents of both parties, their siblings, and even their respective families. In traditional traditions, marriage is not only important for living people, but is also a very meaningful event and receives full attention, and is attended by the spirits of the ancestors of both parties. A customary law community is a social community (paguyuban) consisting of people who are united because they have blood relations and/or a certain territory, have their own wealth, and are led by one or more people who are considered to have authority or power. Strength or they have values ​​as a guide to life and have no desire to separate each other.

Vehrial Vahzrianur; Samudra Farasi Putra; Rizky Bayu Pratama; Muhamad Revanza Solihin; Aditya Pangestu Halomoan Tampubolon +1 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Juridical Review of the Digital Banking System for Customer Protection discusses legal certainty for customers in banking transactions via internet banking. The study highlights the protection of customers' personal data and the security of banking information regulated in related agreements including Law no. 10 of 1998 concerning banks and Law no. 11 of 2008, which was changed to Law no. 19 of 2016 concerning electronic information and transactions. Legal protection of online banking users from cybercrime also serves as a research focus. Several studies also highlight the importance of policy protection for victims of economic crime in the banking sector. Customer protection in digital banking systems is becoming increasingly important along with rapid technological developments

Achmad Asy’ari Abdullah Toran; Dena Aji Prasetya; Halimah Citra Negoro; Achmad Maulana Fakhri; Roravianita Roravianita +1 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

For the first time in Indonesia, banking regulations have begun to be systematically regulated in Law no. 14 of 1967 which discusses the principles of banking is used as a guideline for the regulation of banking in Indonesia. In 1992, the establishment of Bank Muamalat Indonesia was the beginning of the recognition of sharia banking in Indonesia. Then with the enactment of Law no. 7 of 1992 concerning banking, as amended by Law no. 10 of 1998 explicitly discusses that in Indonesia there are two banking systems, namely conventional banking and sharia banking. The regulations regarding sharia banking in this law are considered not yet specific, therefore it is necessary to specifically establish sharia banking itself in a law, with the establishment of Law no. 21 of 2008 concerning sharia banking. For a long time, banking in Indonesia has made law no. 14 of 1967 concerning the basic principles of banking as guidelines for every bank in Indonesia. In 1992, the establishment of Bank Muamalat Indonesia was the beginning of the recognition of sharia banking in Indonesia. Then with the enactment of Law no. 7 of 1992 concerning banking, as amended by Law no. 10 of 1998 explicitly discusses that in Indonesia there are two banking systems, namely conventional banking and sharia banking. The regulations regarding sharia banking in this law are considered not yet specific, so a law that is clearer and complements the shortcomings of the previous law is needed. Therefore, Law no. 21 of 2008 concerning sharia banking. The final conclusion in this research is that the public recognizes and prefers sharia banking as regulated in Law No. 21 of 2008 because this law can explain and answer specifically the problems that exist in society regarding banking in Indonesia and with the birth of law no. 21 of 2008 is expected to provide justice and togetherness to all Indonesian people based on sharia principles which refer to Islamic law in order to achieve equal distribution of social welfare.

M. Ongko khoirurozy; Putri Happy Aprilia Azis

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

pewaris, ahli waris , dan sistem pewarisan yang digunakan oleh suku adat tertentu. Dalam suatu konteks pewarisan adat disini ditujukan untuk melakukan suatu penerusan harta warisan baik itu berupa harta yang berwujud fisik atau materiil atau harta warisan yang tidak berwujud fisik atau immaterial. Sistem pewarisan yang diterapkan oleh suku Jawa disini adalah sistem kekerabatan parental dan sistem  pewarisan secara individualis, dimana terdapat suatu keterkaitan dalam kedua unsur pewarisan tersebut. Dalam pewarisan yang telah diterapkan oleh suku Jawa disini telah memberikan ruang terhadap para ahli waris untuk memiliki kedudukan yang sama dalam pewarisan. Sistem individualis yang diterapkan dalam sistem pewarisan suku jawa juga memberikan bahwasanya dalam pewarisan tersebut harta benda akan menjadi hak milik dari ahli waris. Metode yang digunakan dalam penelitian ini adalah yuridis empiris dengan pendekatan studi pustaka, dimana dengan penerapan metode tersebut akan memberikan penjelasan yang lebih detail terhadap sistem pewarisan yang terjadi dalam suku Jawa dengan sistem kekerabatan parental dan penerapan sistem pewarisan individualis. Kata Kunci:  Suku Jawa, Parental, Individualis, Waris

Nabila Septiana Putri; Muhammad Fata Aditya; Hironimus Steven Permana

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research delves into the dynamics of motor vehicle tax compliance through a qualitative approach, exploring taxpayers' perceptions and attitudes. The identified key factors shaping attitudes toward tax obligations include regulatory complexity, clarity of rules, and personal experiences. Elements such as fairness perception, trust in the taxation system, and supervisory effectiveness also play crucial roles in forming compliance attitudes. These factors, integrated with psychological aspects, provide an in-depth understanding of taxpayer compliance behavior. While acknowledging challenges like regulatory complexity and economic inequality, the study highlights opportunities, including the application of information technology, fiscal incentive development, and cross-sector collaboration, as strategies to enhance compliance. In conclusion, a holistic and adaptive tax policy strategy, considering both local and global contexts, can foster a transparent, fair, and supportive tax environment for sustainable development.

Elza Savira C.Z.; Putri Tamara Maukura

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to find out about the position of inheritance rights for Balinese women who have changed religions based on the case study of Cassation Decision Number 2826 K/Pdt/2017. The background of the research, that the biological daughter of the heir who has converted to religion demands her right to be made an heir, where as it is well known that Balinese society has a patrilineal kinship system (purusa), which means that the heir will fall to the son. This type of research is normative legal research with the approach applied in this normative legal research is a conceptual approach and a case approach. The results of the analysis of the research, the Decree of the Main Assembly of Pakraman Village Bali in 2010 Number: 01/Kep/Psm-3/X/2010 regarding the Results of Pesamuhan Agung III MUDP Bali which states that Balinese women receive half of the purusa inheritance rights after deducting 1/3 for heirlooms and preservation interests. However, this does not apply to Balinese women who have converted (from Hinduism to other religions). This is because as heirs who follow Balinese inheritance law, heirs must have the responsibility to take care of all the obligations of their ancestors both in terms of religious obligations and maintenance of shrines. Therefore, if a child chooses to change religion, the legal consequences will be that the heir or child does not have rights and obligations towards the heir, family and custom.  

Mohammad Hakim Pratama Rahim

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

State assets in BUMN are State Finance, namely state money which is separated into its management as a form of direct capital participation from the state. BUMN is a business entity so it is a business entity whose business orientation is focused on making a profit (profit). The problem is that not all BUMNs in Indonesia are said to be good and healthy BUMNs, because a number of BUMNs are still suffering significant or even very large losses. Quite a few of the BUMNs in question suffer losses due to various factors, so that if losses occur to the BUMN, then these losses constitute losses to the State Finances and qualify as a criminal act of corruption. From the research results, it can be concluded that state finances in state-owned companies are realized in the criteria if all the capital comes from separated state assets, and if the majority (majority) of the capital comes from separated state assets. These two criteria indicate the existence of state assets in state-owned companies so that they are fully subject to the legal provisions of state-owned companies according to Law no. 19 of 2003. State financial losses to state-owned companies are not state financial losses, but rather losses to the state-owned companies themselves. Thus, these financial losses are subject to the provisions of private law as regulated in Law no. 19 of 2003 and Law no. 40 of 2007 concerning PT

Mutawakkil Ibnu Arif; Mohamad Rusdiyanto U. Puluhulawa; Nuvazria Achir

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The aim of this research is to provide a clear picture of the handling of criminal acts of environmental pollution in waste processing at PT Royal Coconut Gorontalo.This research uses empirical legal research methods. Empirical legal studies themselves are studies that view law as reality, including social reality, cultural reality, and empirical studies of the world. This research took place at the Environment and Forestry Service of Gorontalo Province. The results of this research show that: Handling criminal acts of environmental pollution in waste processing at PT Royal Coconut Gorontalo has not been handled properly and correctly. Good and correct handling has not been implemented due to internal factors such as communication, supervision, individual, financial and others, as well as external factors such as community factors, law enforcement, culture, advice and infrastructure. Ineffective handling can have an impact on society. Waste from processing is very dangerous when it pollutes residents' areas, the impact that can be felt by the community is contracting disease and can even cause death if it is not handled according to waste processing procedures. Law enforcement against environmental pollution which triggers criminal acts in Gorontalo Province has not been implemented properly. This is due to several factors that have not been fulfilled optimally. This can be seen from various factors such as law enforcement not being optimal in terms of a persuasive approach, inadequate facilities and infrastructure with limited human resources, as well as community habits and culture which consider environmental pollution to be a normal and common occurrence.

Vella Septia Renanda; Azzahra Sania Wahyu

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The Indonesian nation has very diverse tribes, cultures, languages ​​and religions because it has many islands. Each region certainly has its own traditions, customary laws and traditional communities and the Indonesian state recognizes the existence of customary laws within the community. The kinship system influences a rule in customary law. In Bali, the distribution of inheritance is based on a patrilineal kinship system, where in this system the son is the one who continues the family and is prominent. This research discusses the female inheritance system in Bali in Balinese customary law. We conducted research with the aim of exploring the position of female heirs in the traditional inheritance system in Bali and to find out and analyze the efforts made by female heirs to obtain inheritance rights. We use a research method, namely a qualitative approach, which means providing an explanation of the position of heirs in narrative form.

Mohamad Aditya Adjara

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The purpose of this research is to find out how the legal rules regarding cooperation agreements in business activities are viewed from a business law perspective and what forms of cooperation in trade activities can be carried out by company management. By using normative juridical research methods, it is concluded: 1. The legal rules regarding cooperation agreements in business activities are reviewed from the perspective of business law, referring to Civil law, especially Article 1313 of the Civil Code, which states that "An agreement is an act in which one or more people bind oneself to one or more other people." So it is clear that agreements give rise to agreements, as well as the Trade Code and Indonesian laws and regulations in various forms of business entities. 2. Forms of cooperation in trading activities that can be carried out by company management, such as Mergers, Consolidations, Joint Ventures and Franchising. A merger is a combination of one or several business entities so that from an economic point of view they are one unit, without merging the merged business entities. Consolidation/merger between two or more business entities that combine themselves to merge into one and form one new business entity (consolidation). This aims to "make healthy" the business entity concerned or what is usually called restructuring. Joint Venture is an agreement between two or more parties to collaborate in an activity. Franchise Agreement in which one party is given the right to exploit and/or use the rights to intellectual property or inventions, or business characteristics owned by another party in exchange for compensation based on the terms and/or sale of goods and services. 1 Article. 2 Lecturers at the Faculty of Law, Unsrat, Manado. Master of Law.

Imam Riyadi; Dzikril Hakim; Angga Alfiya

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

When science and technology develop, there are new methods for committing crimes. One of the criminal acts is online gambling. This can happen because current media and facilities make it easier for people to access gambling sites and applications. To eliminate this act, a provision is needed that strictly prohibits this act and determines the consequences for those who violate it. Online gambling violates Indonesian law and societal values. The aim of this research is to observe the negative impact of online gambling on the community in Rulung Sari Village, South Lampung Regency. The research methodology used includes surveys, interviews and data analysis to understand the social, economic and psychological impacts caused by online gambling practices. Research shows that online gambling has had a significant negative impact on the social structure of society, harming the local economic sector, and causing psychological problems among individuals and families. The implications of these findings underscore the urgency of the need for preventive and intervention measures to reduce the negative impacts of online gambling and protect the welfare of the Rulung Sari Village community as a whole.

Sakila Rahmania Yusuf

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The progress of science and technology today is an advancement of human civilization which has an impact on all aspects of life, including the development and increasing diversity of motives and forms of crime. Along with this progress, the business world is also used as a means of committing crimes by criminals, one of which is money laundering which takes advantage of technological advances and system advances in the business world, such as taking advantage of the sophistication and ease of banking transactions and other forms of business activities. . In direct proportion to this, various efforts have been made to prevent and narrow the space for money laundering perpetrators, especially by building a legal system in the business world that can eradicate this white collar crime, both nationally and internationally.

Devina Natasyafira; Khamilatun Nisah

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

With the rapid development of globalization, there are people who have the desire to change their own gender or what is usually called transsexual. Transsexualism can happen to someone due to environmental factors and hormonal factors. This phenomenon raises problems in all legal dimensions, one of which concerns inheritance for transsexuals. In this writing, normative juridical research methods are used because this research examines library materials to find certainty about Minangkabau customs. In Indonesia itself, it still recognizes customs which are the inheritance of customs. As in Minangkabau custom, it is still motivated by the values and norms of the Islamic religion. It is known that the Islamic religion does not accept the existence of transsexuals, so Minangkabau customs also reject these transsexuals. This writing  to find out, explain and analyze transsexual inheritance in Minangkabau customs.

Mohamad Renaldi Saputra

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The Covid-19 pandemic has given rise to long-lasting multi-sector problems, including the economic sector, which then resulted in an economic recession and its implications. It is certainly hoped that such conditions will not occur for a long time, it is the hope of all parties including the government that the recession will soon return to normal by pursuing various steps and approaches such as the business law approach. This article focuses on studying how to photograph an economic recession and its implications from a business law perspective as an alternative to economic recovery. This research is a library research by searching literature texts related to economic recessions that focus on a business law approach. The research findings are that from a business law perspective, law is able to provide procedural solutions (procedural capability) in resolving the economic recession. Law can play a role in creating balance, because it is related to economic development initiatives. Law also plays a role in determining clear definitions and status. In the end, the law must also be able to provide a clear definition and status regarding the consequences of social interaction as well as accommodate a clear balance for the interests of individuals or groups in society.

Briliantio Mochammad Prakoso; Clarisa Puspa Nabila Putri; Elsa Farah; Choirunisa Nur Fitriani

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The aim of this study is to find out how to implement the use of Artificial Intelligence (AI) in the formation of laws and regulations in Indonesia. This study uses a normative juridical method with a statutory and regulatory approach as well as secondary legal materials, namely books on Legislation, other books related to this case and scientific journals from previous research. The study results show that Al can still be utilized in the process of forming regional regulations without eliminating or even replacing the role and function of the regional regulation forming organs. The use of AI in the process of forming regional regulations is only limited to tools that can be used during the harmonization process in the stages of drafting regional regulations. The use of AI is said to have better accuracy and speed in predicting potential disharmony between regional regulations and various other laws and regulations.

Abdil Azizul Furqon; Irwan Triadi

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This article focuses on the effectiveness of law enforcement in the maritime sector. This is very important, considering that Indonesia is one of the countries with the longest coastal latitude in the world. So it is important to discuss this issue. Regarding the research method used is descriptive qualitative using data collection methods, namely library research. Based on the author's analysis, it can be concluded that law enforcement practices in the Indonesian maritime sector still have several shortcomings. Based on the author's analysis, state defense law enforcement practices in the Indonesian maritime sector are still not effective. This is due to overlapping laws and regulations in Indonesia. The impact of this overlap results in the spread of law enforcement agencies and difficulties in providing facilities and infrastructure for law enforcement in Indonesian waters. These conditions mean that Indonesia's national defense in the maritime region often experiences violations of the law, both by the Indonesian people and other countries, both by individuals and groups.

Fadel Afandi

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This study aims to determine the position of the object of the fiduciary guarantee transferred by the debtor based on the agreement with PT. Pegadaian and to determine the efforts to settle the credit transferred by the debtor. This research was conducted at PT. Pegadaian Pasar Butung Makassar and used the Normative-Empirical research type method. The approach is carried out with literature in reality based on interviews and documentation. The results of the study indicate that to determine the legal position of the object of the fiduciary guarantee transferred by the debtor, registration is required. PT. Pegadaian does not register a fiduciary guarantee in its entirety with consideration of costs, so that the legal position of the object of the fiduciary guarantee has a legal weakness in the sense of lack of legal certainty for creditors, because the debtor has violated the provisions of Article 23 paragraph (2). In addition, to settle loans with fiduciary guarantees whose objects are transferred by the debtor, PT. Pegadaian takes a negotiation method with the debtor and the third party who receives the transfer of the object of the fiduciary guarantee, namely by replacing the object of the collateral transferred to the third party with the object belonging to the debtor whose value is equivalent to the object of the guarantee that has been transferred, because PT. Pegadaian has material rights over the object of collateral.

Fadillah Ilmi; Manik Dwi Kinasih

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The COVID-19 pandemic has presented multidimensional challenges for Indonesia, requiring holistic government policies to maintain public health and restore the economy. This journal aims to formulate effective and sustainable government regulatory policies since the pandemic until the present. On the economic recovery side, this policy includes direct financial assistance to workers and MSMEs, as well as ease of financing to encourage economic growth. Increasing investment is a key strategy with the formation of an investment coordination team. Regular monitoring and evaluation will be implemented through a real-time reporting system to ensure policy effectiveness. This research uses quantitative methods with a cross sectional design. The sampling technique in this research is incidental sampling. It is hoped that this journal can become a basis for the government and related stakeholders in formulating policies that are adaptive and responsive to changing pandemic conditions. With joint support, it is hoped that Indonesia can move towards a sustainable and resilient recovery through measurable and well-planned policies.

Mohamad Apriyanto Mue

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to analyze the implications of business law on business ethics practices in Indonesia. The research method used is library research, where data is collected from various literature sources that are relevant to the research topic. The research results show that business law has an important role in shaping business ethical practices in Indonesia. Business law regulates the rights and obligations that arise from agreements and engagements in business practices. In addition, factors such as national development developments, business ethics, internal and external factors, and legal awareness influence the implementation of business law in ethical and responsible business practices. Therefore, the solutions and recommendations provided to improve the implementation of business law and ethical business practices in Indonesia include strengthening regulations, effective law enforcement, education and awareness, collaboration between government and the business world, transparency and accountability, and the establishment of a supervisory body. independent. It is hoped that the implementation of this solution can create a business environment that is fair, transparent and has integrity, as well as making a positive contribution to economic development and social welfare in Indonesia.