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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

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.

Dian Priharyanti; Elisatris Gultom

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

Directors have a crucial role in the company, with the potential for actions that are not in accordance with corporate governance that can be detrimental and cause conflicts of interest, threatening the company's growth. In this context, Good Corporate Governance becomes crucial as a supervision to prevent detrimental actions. This article discusses Directors' Transactions involving Conflicts of Interest and legal certainty of director actions. The research uses normative juridical methods, with a statutory regulatory approach as the basis. Actions or transactions with a conflict of interest are considered not to be a legal problem if they are carried out in good faith, in accordance with KEP-412/BL/2009. However, a different view emerges from the principles of good corporate governance which suggest avoiding transactions with conflicts of interest. The research conclusion confirms that directors, as holders of trust, cannot be held responsible for losses if they act in good faith. Although the law allows transactions with conflicts of interest, the principles of good corporate governance emphasize the importance of avoiding actions that involve conflicts of interest in order to maintain the principles of good corporate governance.

Tri Bowo Hersandy Febrianto

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The legal problems currently developing are of various forms and types, so legal codification must be adapted to these developments. Since the decade of Indonesia's independence, civil law has been used as the axis of the national legal system which aims to create legal certainty. Certainty and justice are not something new in the Indonesian legal system, this is the role of judges to create laws based on applicable laws and regulations. This research aims to explain the role of civil law as a national legal system applied by Indonesia to create law. The normative juridical approach method is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations. The results of the research show that civil law still has an important role in the legal system in Indonesia, but legal codification needs to be adapted to increasingly advanced developments so that legal events that occur are still contained in statutory regulations.

Endro Satoto; Zainal Arifin Hoesein

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

To ensure legal certainty in a country, various countries in the world have different legal systems which are acclimated to the needs and characteristics of each country. In general, two legal systems are commonly applied, namely the civil law legal system and the common law legal system. The civil law system is a legal system that originates from mainland Europe and is based on Roman law with the main characteristic being the existence of a codification system of the main legal principles. The three primary features of civil law legal systems are codification, non-precedential judges, and an inquisitorial judiciary. Meanwhile, the common law system is a system that refers to customs in England that are not written down and which through judge decisions are then made legally binding. The choice of the legal system will affect the preparation of legal products and the results decided. The choice of legal system significantly impacts legal products produced, whether regulations or jurisprudence. Indonesia's recent Constitutional Court verdict (90/PUU-XXI/2023) is raising concerns over its legitimacy and potential impact on the country's legal framework. Further analysis and scrutiny are necessary.

Ester Senov Fitriani Simanjuntak; Ikhsanul Fadly Butar Butar; Lina Adinda Krisma Suci Hutabarat; Muhammad Rifai; Ramsul Nababan

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This research aims to analyze legal protection for holders of certified land rights. The research method used is the library study research method by utilizing sources related to the research title through books, journals, notes, previous research, and the like. The research results show factors that cause double certificates, such as inaccuracy and carelessness in the process of issuing certificates by the National Land Agency. The emergence of multiple certificates creates legal uncertainty for the owner and has the potential to cause disputes and losses for both parties. The legal protection obtained by land rights owners who are disadvantaged due to double certificates in the form of cancellation and revocation of related documents which are considered detrimental. From this research, it can be concluded that legal protection for certified land rights holders is important to ensure legal certainty and prevent the occurrence of disputes that harm the owners of land rights

Sumriya Sumriya; Riesta Yoga Hastama; Linda uril khofifah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

the purpose of this study is to analyze the management of village property. Village property in the form of land and buildings that have been handed over for the economic progress of the village community which is invested in BUMDes on the basis of the season can be used optimally. So that it does not burden the village budget and expenditure. This study examines agreements by analyzing the application of legal principles of agreements in cooperation contracts for the management of village property leased to BUMDes and community management. The principles of treaty law which is a civil law concept applied in the concept of state administrative law become an interesting one because the agreement is in the regulation of private law and public law. Goverment contracts are routine goverment legal acts,to ensure legal certainty for the parties involved, legislation is needed that speciffcally regulates commercial contracts by the government both regarding procedures and limits of authorty.

Humairah Hasan Sabaya; Weny Almoravid Dungga; Iulius T.Mandjo

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

The aims of this research are: to know and understand the juridical analysis of the cancellation of land certificates by judges in the city of Gorontalo and to know and understand the judge's considerations regarding the cancellation of land certificates from an administrative perspective. The method used in this research is normative legal research obtained through literature study and primary data obtained in the field. This research took place at the Gorontalo City District Court. The results obtained from this research are that land is a requirement to achieve legal certainty and legal protection of land rights. Conditions for achieving legal certainty and legal protection of land rights. Land registration not only functions to protect the owner, but also functions to find out the status of the land plot, who the owner is, what rights they have, how big it is, what it is used for and so on. In this different legal position, the legal assessment by the judge becomes different, where the sale and purchase deed has the position of assessing the law of the agreement and is subject to the terms of the validity of the agreement, and if it is made illegally the sale and purchase deed can be canceled by the district court. 

Isti Puspitasari; Erviyanti Rosmaida; Taufiqurrohman Syahruri

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Decision Number 2205 K/Pd/Sus/2022 The Supreme Court again upheld the acquittal decision of Samin Tan as the owner of PT Beneficial Ownershiprneo Lumbung Energi & Metal (PT BLEM). The panel is of the opinion that the giver of gratification cannot be punished because the Corruption Eradication Law is not designed to punish the giver of gratification even though Samin Tan's position as the giver of gratification is the ultimate beneficiary owner of PT BLEM. The research method used in this research is using normative juridical research methods and using literature study techniques to answer the problems in this research. The result of the discussion of the first problem formulation is that Samin Tan cannot be held criminally responsible because the person giving the gratification is not criminalized under the law even though Samin Tan is the ultimate beneficiary owner who has the potential to commit this act because it is in the interests of his company. The result of the discussion on the formulation of the second problem is that the judge's considerations in the decision did not prioritize a sense of justice and expediency because they only prioritized legal certainty which resulted in Samin Tan being able to escape the demands of the public prosecutor.

Muh Nizar Zulmi; Nur Mohamad Kasim; Dolot Alhasni Bakung

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The granting of marriage dispensation by judges experienced a discourse from the age of marriage, which originally occurred because of the age difference between men and women, which caused family conditions that were not solid, with the younger age of women causing marriage to look more discriminating against women in the purpose of marriage. Then it changed to a regulation that equalized the age limit for marriage for both men and women. In the treatment of deviations from the rules of marriage age, it is also emphasized that there is equal treatment. However, this cannot limit the judges' ability to render judgments. The examination of marriage dispensation must be carried out thoroughly, so the focus of this study is on how the dynamics present in each decision by judges need to be analyzed. The research method is a study of normative law related to the provisions of the marriage dispensation. The analysis is carried out with the theory of judicial power, which includes legal justice, legal certainty, and legal expediency. The results showed that every judge's decision is affected by the disparity of the judgment on the granting of marriage dispensation when the judge does not examine all the offenses of the application for dispensation in the search for the application for dispensation, which becomes the basis for the judge to consider the decision. So that stigma for urgent reasons does not become unclear and clear. Therefore, every trial must systematically follow the judicial process in order to realize the purpose of marriage  

Faradistia Nur Aviva

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The influence of the theory or understanding of legal positivism and legal utilitarianism affects law enforcement, especially in Indonesia, so that it is known as positive law.  The view of legal positivism in law enforcement is limited to enforcing the sound of laws that emphasize justice in it. Benefit and legal certainty should not be abandoned so that it gives rise to a utilitarianisme view that is more on benefit and legal certainty which is part of law enforcement in Indonesia. That way the author will examine the paradigm between the theory of legal positivism and the theory of legal utilitarianism and how the theory affects law enforcement in Indonesia. These two theories have an influence on law enforcement in Indonesia where legal positivism theory emphasizes justice and legal utilitarianism theory emphasizes legal certainty and expediency. In addition to the benefits of these two theories have weaknesses where the theory of legal positivism is more focused on existing rules while the theory of legal utilitarianism views a psychological approach. So that both of them certainly need the right pull so that the composition of the application in law enforcement in Indonesia can fulfill the principles of law.

Endang Setyowati; Ana Kadarningsih

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

MSMEs are one of the strengths in economic development in Semarang City, especially in the food sector. However, food MSMEs are the first rank that have not registered a brand. The current rise in imitation and counterfeiting of brands has made legal protection of brands an important requirement in business development. The problem in this research is how to legally protect brand rights for food MSMEs in Semarang City. This research aims to provide knowledge to food MSMEs about legal protection of brand rights so that food MSME businesses can develop with legal certainty. This research uses an empirical normative juridical approach and is descriptive analysis. The results of the research were that the Department of Cooperatives and Micro Enterprises of Semarang City provided free brand registration facilities for MSMEs that were only supported, and many problems were found related to the legal protection of brand rights in the City of Semarang..

Akhsal Rico Faldy; Hariyo Sulistiyantoro

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Every business actor is basically obliged to act in good faith, one of which is as a manifestation of consumer protection. Case in Decision No. 90/Pdt.Sus-BPSK/2021/Pn.Mdn) shows that there are business actors who do not carry out their obligations as they should, namely not having good intentions and not providing information to their consumers. The aim of this research is to explore legal certainty regarding the fulfillment of good faith by business actors in providing information to consumers of postpaid services based on Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. This research method uses normative juridical approaches to statutory, conceptual and case regulations. The research results found that the fulfillment of good faith in this case showed that legal certainty had not been realized. This is because of the legal provisions regarding this matter as regulated in Law no. 8 of 1999 concerning Consumer Protection has not been enforced properly. According to Sudikno Mertokusumo, legal certainty should be realized by implementing legal provisions as they should.

Andika Dwi Amrianto

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

The role of judges in forming laws and interpreting statutory texts is important to realize the value of legal certainty. Evidence in criminal justice is an important focus. Especially if there are judges who have different views and apply dissenting opinions in assessing concrete cases, especially criminal acts of corruption. The aim of this research is to analyze the views of two different panels of judges in achieving legal certainty and substantive justice received by the defendant during the criminal justice process. The research method used in this research is normative-empirical research which in collecting data uses literature and observation methods to observe and record the situation and conditions of legal events that occur. The results of this research are that judges' freedom in making decisions often ignores legal certainty due to differences in interpretation, resulting in clear laws becoming unclear and the value of legal certainty not being achieved optimally

Faozi, Safik; Suliantoro, Adi; Andraini, Fitika; Saputra, Arikha

DINAMIKA HUKUM 2023 Universitas Stikubank

Nowadays, food and beverage products are widely circulated in society. In the era of globalization of society, the traffic of goods including food/drinks across countries is not guaranteed to be halal. Even though religious obligations command us to consume halal food/drinks. With the existence of Law no. 33 of 2014 concerning Halal Product Guarantees and Government Regulation no. 39 of 2021 shows that there is legal certainty in the implementation of Halal Product guarantees. The problem is how to theoretically and empirically study the implementation of halal product guarantees from an Indonesian legal perspective. The research methods are normative juridical and sociological. The research results show that theoretically, the implementation of halal product guarantees is based on Law no. 33 of 2014 concerning Halal Product Guarantees reflects legal norms originating from God's Law (God Order), namely from the Al-Qur'an and Hadith, and has long been practiced in people's lives as a reflection of a person's or society's religious awareness. The process shows a circle of interaction that ends with the Halal Product Guarantee Law. Empirical studies explain that the implementation of halal product guarantees has been going on in people's lives for a long time so that it functions to create legal certainty, comfort and justice for the user community as well as realizing beneficial values for economic growth and community welfare. The existence of statutory regulations, legal institutions and public awareness of halal product guarantees are elements of a legal system. Empirical studies explain that the economic subsystem played by business actors has great energy to adapt quickly and utilize legal regulations and community culture to expand and develop their business. Keywords: Halal, Products, Law and Society  

Inggas, Made Agus Mahendra; Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly

DINAMIKA HUKUM 2023 Universitas Stikubank

The Association of Indonesian Doctors has been formed and declared in a Decree of the Ministry of Law and Human Rights, Number AHU-003638.AH.01.07.2022. The Indonesian Doctors Association is no longer the sole forum for medical organizations in Indonesia. The study of the legality of this new association and the study of the organization of the Indonesian Doctors' Association have violated the right to associate and human rights because it is the sole forum for the medical professional organization which is the focus of the problem raised by the author. The study uses a normative juridical approach to seek answers with certainty and legal certainty through existing legal theories, norms and legislation. The conclusions obtained are that in order to protect patients, improve service quality, and ensure legal and statutory certainty, the medical professional association or organization must be one. Determination of quality and service, competency standards, and professional ethics must come from a professional organization. With a noble purpose, a single professional organization does not violate the law on association and human rights. The presence of a new medical society organization will not interfere with the position of the Indonesian Doctors Association as a professional organization. The suggestion from this study is that new organizations such as the Association of Indonesian Doctors must synergize and become the task force for the Indonesian Doctors Association in controlling the running of the organization while simultaneously providing a driving force for services to the Indonesian people.   Key words: Professional organizations; Constitution; Medical practice

Ardhanariswari, Anggi; Setyadi, Hudha Bagus

DINAMIKA HUKUM 2023 Universitas Stikubank

The updated category in the ASN Law, namely Government Employees with Work Agreements, is a matter of controversy, especially on the issue of Termination of Employment (PHK). Which in this case raises aspects that are confronted starting from the professionalism of work to how the legal protection covers it. In this article, we will discuss the position of government employees with work agreements, what kind of legal protection covers PPPK in the event of termination of employment, and what legal steps can be taken to object to layoffs. In accordance with the description of the background and discussion, it can be concluded that the position of the PPPK as an employee of the State Civil Apparatus who is appointed as a Personnel Supervisor Officer according to the needs of government agencies who also have almost the same rights as civil servants. However, PPPK's legal protection is still in the development stage, so there is a need for further improvement and development to increase legal protection for PPPK and ensure that their rights are optimally protected. This is in line with PPPK's status which is still contractual so that its rights are not as strong as those of permanent civil servants. Therefore, efforts are needed to strengthen legal protection for PPPK in order to improve the welfare and work stability of PPPK and improve the quality of public services. One effort that can be done is to provide clearer job security guarantees for PPPK, as well as provide equal legal protection to permanent civil servants. With legal certainty that guarantees and optimizes this, of course this is also in line with good governance.

Kusuma, Adam Prawira Abdi; Rayveda Yudhistira, Raka; Kurniaputra, Sesarius Noveno Dylan

DINAMIKA HUKUM 2023 Universitas Stikubank

The issue of blocking internet services in Papua in 2019 has been in the public spotlight for quite a long time. The blocking carried out by the government raises questions about legal certainty, public interest in the principles of good governance. The principle of legal certainty is an important basis for the policy on blocking internet services in Papua, where this principle requires that the policies implemented must comply with applicable law, including clear procedures, predictability, and access to adequate information. In addition, service blocking must be based on a strong and transparent legal basis. The public interest must be an important consideration in blocking these internet services. The government must be able to maintain between individual interests and public interests. Even though the blocking has reasons such as national security or critical shelter, it still has to pay attention to the impact on individual human rights, freedom of speech and access to information. The realization of good governance is an important principle in the blocking. Good governance refers to good, transparent, accountable, participatory and fair governance. The government must involve the public in the process of making policies related to blocking internet services, such as accurate information, public consultation, and consider input from various related parties.  

Yulin Kamumu; Nirwan Junus; Dolot Alhasni Bakung

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The Complete Systematic Land Registration Program (PTSL) carried out by the government based on Minister of Agrarian Regulation number 6 of 2018 is the first land registration activity carried out simultaneously for all land registration objects throughout the territory of the Republic of Indonesia in one village/kelurahan or other name. at the same level, which includes the collection of physical data and juridical data regarding one or several land registration objects for registration purposes with the aim of providing legal certainty and legal protection of land rights in a definite, simple, fast, smooth, safe, fair, equitable and open manner. and accountable so that it can improve the welfare and prosperity of society and the country's economy as well as reduce and prevent land disputes and conflicts. The research method used in this research is sociological juridical legal research and descriptive analysis with a qualitative approach. The results of this research show that the mechanism for implementing the Complete Systematic Land Registration Program (PTSL) by the Boalemo Regency Land Office has been carried out based on the procedures mandated in the Regulations. Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 concerning Complete Systematic Land Registration which includes: Planning Stage, Location Determination, Preparation, Formation and Determination of the PTSL Adjudication Committee and Task Force (SATGAS), Counseling, Collection of Physical Data and Data Juridical, Juridical Data Research for Proving Rights, Announcement of Physical Data and Juridical Data and Validation, Completion of PTSL Activities, Confirmation of Conversion, Recognition of Rights and Granting of Rights, Bookkeeping and/or Issuance of Certificates, Documentation and Submission of Activity Results and Reporting of PTSL Activity Results. Although the mechanism for implementing the Complete Systematic Land Registration Program (PTSL) by the Boalemo Regency Land Office has been carried out in accordance with procedures. Thus, at the implementation level there are still obstacles in implementing the Complete Systematic Land Registration Program (PTSL) which is oriented towards quantity targets which makes it possible to ignore quality. As for the obstacles faced, both internal obstacles are obstacles faced by the Boalemo Regency Land Office that come from within the agency and External Obstacles are obstacles faced that come from outside the Boalemo Regency Land Office agency.

I Gede Yudi Arsawan; Emil Maula

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

Abstract. Tax is one of the state's incomes that has a large contribution to state finances compared to other state income. In the implementation of tax collection, it is not uncommon for there to be various kinds of disputes between the tax authorities and the public who are taxpayers, which are called tax disputes. Tax dispute resolution is resolved through a judicial institution called the Tax Court. However, currently the authority for guidance over the Tax Court is still carried out by the Ministry of Finance and the Supreme Court, even though the Tax Court is part of the judicial institution. This research uses a type of juridical-normative research which focuses on the use of secondary data. This type of research is a procedure for finding the truth based on the logic of legal science from a normative point of view. The results of this research found that after the Constitutional Court Decision Number 26/PUU-XXI/2023, the full authority to guide the Tax Court had to be transferred to the Supreme Court. It is recommended that the implementation of the transfer of guidance authority be carried out in stages as soon as possible in order to provide legal certainty regarding the long-standing overlap of authority between the executive and judicial powers towards the Tax Court which should be purely part of the judiciary.   Keywords: government power, guidance, tax court   Abstrak. Pajak merupakan salah satu income negara yang memiliki sumbangan besar terhadap keuangan negara dibandingkan dengan pendapatan negara lainnya. Dalam pelaksanaan penagihan pajak, tidak jarang terdapat berbagai macam perselisihan antara fiskus dengan masyarakat yang merupakan wajib pajak yang disebut dengan sengketa pajak. Penyelesaian sengketa pajak diselesaikan melalui sebuah institusi peradilan yang disebut Pengadilan Pajak. Namun saat ini kewenangan pembinaan atas Pengadilan Pajak masih dilakukan oleh Kementerian Keuangan dan Mahkamah Agung, padahal Pengadilan Pajak merupakan bagian dari lembaga yudikatif. Penelitian ini menggunakan jenis penelitian yuridis-normatif yang menitikberatkan pada penggunaan data sekunder. Penelitian jenis ini adalah prosedur untuk menemukan kebenaran yang didasarkan pada logika keilmuan hukum dari sudut pandang normatif. Hasil penelitian ini menemukan bahwa pasca Putusan MK Nomor 26/PUU-XXI/2023, maka kewenangan pembinaan Pengadilan Pajak sepenuhnya harus dialihkan ke Mahkamah Agung. Disarankan agar pelaksanaan peralihan kewenangan pembinaan tersebut dilaksanakan secara bertahap sesegera mungkin demi memberikan kepastian hukum terhadap tumpang tindih kewenangan yang sudah lama sekali terjadi antara kekuasaan eksekutif dan yudikatif terhadap Pengadilan Pajak yang seharusnya murni sebagai bagian dari yudikatif.   Kata kunci: kekuasaan pemerintahan, pembinaan, pengadilan pajak