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Rachmatul Istiqomah; Imam Suroso

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Fiduciary collateral as a type of collateral gives the rights of executorial to creditors to do parate execution on the object of fiduciary collateral when a debtor defaults. In practice, however, collateral misuses this right illegally. This becomes the basics for Judicial Review agains Article 15, paraghraphs 2 and 3 of Law No. 42/1999, and the Constitutional Court issued the Ruling No. 18/PUU-XVII/2019. Therefore in this thesis the formulation of the problem raised is first, when a debtor is considered to have committed an act of default, and secondly, it delves into the creditor's execution procedure and the ratio decidendi related to Constitutional Court Decision No. 18/PUU-XVII/2019. The research use descriptive juridicial normative method. The data were gathered by conducting library research. The result of the analysis shows that Ruling does not impede the right of executing by creditors so that it is in accordance with the executorial right in fiduciary collateral. So, there are two possible ways for a debtor to be declared in default: firstly, the agreement of default is stipulated during the main agreement and the initial fiduciary collateral agreement. Secondly, the default is determined by the district court in order to execute the fiduciary collateral object.

Marthen Lona

International Journal of Economics, Management and Accounting 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to analyze the implementation of the fulfillment of socio-economic rights of the community in Rote Ndao Regency, as one of the underdeveloped regions in Indonesia, and to identify the obstacles faced by the local government in its efforts to fulfill them. Socio-economic rights, such as access to education, health, employment, and public services, are part of the human rights guaranteed by the constitution. However, their implementation often encounters various obstacles in areas with less developed socio-economic conditions. This study uses a qualitative method with a descriptive analytical approach. Data were collected through in-depth interviews, document studies, and field observations. The results of the study indicate that the implementation of socio-economic rights in Rote Ndao Regency is still not optimal. This can be seen from the low level of community access to educational facilities, health services, and basic infrastructure. On the other hand, the local government faces a number of significant obstacles, such as budget constraints, lack of adequate infrastructure, low quality of human resources, geographical barriers, and weak coordination between agencies. As a solution, this study recommends increasing budget allocations for priority sectors, developing basic infrastructure, improving the quality of human resources through education and training, and strengthening cross-sectoral coordination. In addition, active community involvement in the planning and implementation of development programs is also very important to improve the effectiveness of policies. The results of this study are expected to contribute to local governments and other stakeholders in formulating more effective strategies to accelerate the fulfillment of people's socio-economic rights, while improving the quality of life in Rote Ndao Regency.

Ayu Maretta Maharani; Ulfatul Khasanah

JURNAL EKONOMI MANAJEMEN AKUNTANSI 2024 sekolah Tinggi Ilmu Ekonomi Dharma Putra Semarang

The term cooperative is certainly familiar to us. If referring to Law No. 17 of 2012 article 1, a cooperative is defined as a legal entity established by an individual or a cooperative legal entity, with the separation of the wealth of its members as capital to run a business, which meets common aspirations and needs. In its implementation, cooperatives not only have goals, principles or principles, but also a foundation. As a unique business entity, cooperatives are different from other business entities. In this case, it can be seen from its membership, where cooperative members are known to have dual identities. Dual identity here means that cooperative members are owners and also users of cooperative services. Indonesian cooperatives are the identity of Indonesian business entities that are established on various foundations. The foundation of this cooperative includes ideal, constitutional, mental and operational foundations.   

Ellatyas Rahmawati Tejo Putri

Jurnal ilmu Kesehatan Umum 2024 Asosiasi Riset Ilmu Kesehatan Indonesia

To carry out the constitutional mandate to overcome the very complex problems arising among youth, the Indonesian government, through the BKKBN organization, has launched a program called Generasi Beplan, or GenRe for short, for teenagers. Planning Generation, integrated into the Youth/Student Information and Consulting Center (PIK R/M), aims to provide communication, information, and education services to reproductive health adolescents to create quality adolescents. Many countries have issued regulations on reproductive health services, but implementation is still limited. The author uses a qualitative research method using a descriptive analysis method. The data collected is secondary data in the form of legal regulations related to adolescent reproductive health services. The results of this study indicate that UKM PIK-M Garuda Bhakta has implemented adolescent reproductive health services in the form of KIE provided during peer teacher training. At the same time, KIE (communication, information, and education) is provided formally and informally, as well as activities that empower the younger generation as peer educators. Therefore, implementation of adolescent reproductive health services at Bhakti Wiyata Kediri Institute of Medical Sciences through UKM PIK-M Garuda Bhakta has been carried out in accordance with the constitutional provisions of PP No. 61 of 2014.

Ismaidar Ismaidar; Tamaulina Br. Sembiring; Raja Arsyadil Fiqry Siregar

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The Republic of Indonesia is a constitutional state, as specified in Article 1, Paragraph (3) of the 1945 Constitution. As a nation that upholds the rule of law as the highest authority in its governmental system, the existence of the Judiciary plays a central role as an absolute requirement for upholding the supremacy of law to ensure justice. According to the provisions of Article 24, Paragraph (2), the Supreme Court and the Constitutional Court are institutions with the highest authority in enforcing law and justice in accordance with the mandate of the Constitution. The 2024 Indonesian Presidential and Vice-Presidential Election, also known as the 2024 Presidential Election, is the fifth such election in Indonesia to choose the President and Vice President of the Republic of Indonesia. The results of this election triggered various reactions from different groups. Criticism of the results, particularly from opposing candidates, was not uncommon. This debate occurred not only among political elites but also within the broader community. The purpose of this study is to examine the factors influencing the Constitutional Court's decision regarding the results of the 2024 Presidential Election and its impact on Indonesia's political and legal systems. This research employs a normative juridical legal approach, using library research as the primary data source. The study reveals that in resolving disputes over the 2024 Presidential Election results, the Constitutional Court considered valid and relevant evidence, despite dissenting opinions from some judges. The decision's impact-both in terms of the winner's legitimacy and public perception-can either enhance or deteriorate public views on the quality of Indonesia's democracy. This research is expected to provide deeper insights into the role of the Constitutional Court in safeguarding electoral integrity, addressing political controversies, and its implications for Indonesia's future political system.

Syairulan A. Radjak; Ahmad, Ibrahim; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.

Saskia Nursukma Andriliani; Taufiqurrohman Syahuri

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

The DI/TII social movement, which began on August 7, 1949, emerged as a result of socio-political tensions, particularly resistance to the Reorganization and Rationalization (Rera) policy. This movement aimed to establish an Islamic state in Indonesia and arose as a reaction to government policies perceived as inconsistent with Islamic principles. Discontent among former TNI soldiers and local militias due to the Rera policy fueled the movement, with many of these disillusioned individuals joining DI/TII. On February 10–11, 1948, Sekarmadji Maridjan Kartosuwiryo and Raden Oni organized a conference of Islamic leaders, during which the idea of forming the Islamic State of Indonesia (Negara Islam Indonesia, NII) was introduced. Kartosuwiryo declared himself the Grand Imam of the Islamic State of Indonesia. The widespread and massive expansion of this movement increasingly disrupted society, as it involved acts of extortion and armed resistance, creating unrest and opposition among the population. In response, the Indonesian government adopted a responsive legal approach, reflected in measures such as the enactment of the Emergency Law of 1949 and the re-adoption of the 1945 Constitution, which included restrictions in Article 28J(2). Various efforts were undertaken to address the situation, including the deployment of military operations to suppress the rebellion and restore stability.

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.

Sheila Nazihah Vazir; Revi Fauzi Putra Mina

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

Indonesia, as a country with a pluralistic legal system, faces challenges in harmonizing customary law and state law, particularly in resolving disputes over customary land that involve traditional values of indigenous communities. This study aims to analyze how customary values are integrated with state law through a case study of court decision Number 94/Pdt.G/2022/PN Jap. The research employs a qualitative approach with content analysis techniques applied to court decision documents, supported by relevant literature reviews. The findings reveal that the court in this case not only applied positive legal norms but also considered relevant customary aspects, including the legitimacy of indigenous leaders and the recognition of communal land rights (ulayat). The panel of judges issued a decision that accommodated customary values in accordance with Article 18B paragraph (2) of the 1945 Constitution, while still adhering to the formal procedures of state law. This study identifies challenges in integrating customary law into the national legal system, such as the lack of formal regulations related to customary courts and the limited understanding of legal officers regarding local cultural contexts.

Krismanto Manurung; Ismaidar Ismaidar; Tamaulina Br. Sembiring

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In order to preserve and uphold the honor, dignity, and the behavior of the judge is required to supervise the attitude of the constitutional judge to fit the code of ethics, so that each judge's ruling will be implemented in order to enforce the law and justice based on Pancasila and the Constitution 1945 asapermanent legal political for supervision of the constitutional judges . Meanwhile legal politics incidental that becomes a choice among others: a) Behavior of Constitutional Judges are supervised by the Board of Ethics established by the Constitutional Court, and for the reported judges or suspected violations of ethic codes of Constitutional Judges formed by Honorary Council of Constitutional Judges who were proposed by Ethics Council, with the task of implementing and serving as judicial ethic; and b) there is no judicial supervision against Constitutional Court's decision as well as supervision of a court decision which was in the Supreme Court through the mechanism of legal remedies ( ordinary and extraordinary).

Abdul Rahman Osama Djawas; Saryono Yohanes; Cyrilius W.T. Lamataro

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

Election or General Election is a facility of freedom or right owned by the people to elect members of the House of Representatives, DPRD, DPD, President and Vice President which is carried out directly, publicly, freely, secretly, honestly and fairly or commonly abbreviated as LUBER JURDIL based on Pancasila of the Constitution of the Republic of Indonesia in 1945. There are various ways to win the hearts of the public in the implementation of elections, including through democratic strategies such as using the vision, mission, program and work of the candidate pair to the community.  There are also other ways that are often done, even as if it is mandatory to be able to win elections, then for most voters it becomes a common and inevitable thing, namely money politics. The practice of using money in politics in Indonesia is not a new money. The reason is that from the reform period, the practice of money politics was rampant. Many candidate pairs use money as a way to bring victory in elections. This research is an empirical research supported by a qualitative descriptive approach that uses primary data and secondary data collected using interview and observation methods and data is processed using data examination methods (editing), data marking (coding), data validation, and data vertification and analyzed using judicial analysis techniques. The results of this study show that (1) The management of village funds by the Oelnaineno village government in meeting the community's needs for clean water has been carried out in accordance with procedures and gradually, this is marked by the creation of mini reservoirs and reservoirs in each hamlet. (2) Factors that affect the Oelnaineno village government in allocating village funds to fulfill the rights of the Oelnaineno village community to clean water, namely legal factors, law enforcement factors, facilities or facilities factors and community factors that are less active in taking part in helping the village government.

Kuswan Hadji; Muhammad Arvin Zakiy Fuadi; Ryan Aji Kusuma; Sheva Andika Ramajagandhi; Deriel Pratama Putra +2 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The Constitutional Court is a judicial institution in Indonesia which was established on August 13, 2003. The Constitutional Court has the authority regulated in article 24C of the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court which was later updated to Law Number 8 of 2011. The Constitutional Court has a principle in making a decision on the material test of the law against the Constitution, which applies to everyone, final, independent and impartial. The Constitutional Court's (MK) decision regarding the age limit for presidential and vice presidential candidates (presidential and vice presidential candidates) in Case Number 90/PUU-XXI/2023 continues to reap pros and cons. In the decision, the Constitutional Court granted part of the application that tested Article 169 letter q of Law Number 7 of 2017 concerning General Elections. This study aims to identify and analyze disputes over the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the material test of article 169 letter q of Law number 7 of 2017 concerning general elections in terms of juridical aspects. The research method used is a literature study of the Constitutional Court decision Number 90/PUU-XXI/2023 with a focus on normative legal analysis. The results of the study show that the Constitutional Court's decision Number 90/PUU-XXI/2023 is formally inconsistent with Law Number 49 of 2009 concerning Judicial Power and Constitutional Court Regulation No. 2/PMK/2021.

Kheisa Rahma Adhadina; Savira Eka Kusumawati; Nanjelina Adinda Fazya; Farizki Alam; Kuswan Hadji

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Indonesia is a legal state whose government system is based on applicable regulations. These regulations are carried out by several powers, namely the Executive, Legislative and Judicial powers. The purpose of this division of power is to avoid injustice due to arbitrary power. The judiciary or judicial institution is an institution whose role is to uphold justice, of course this judicial institution is very important because it is one of the basic pillars of the government system in the Republic of Indonesia. In fact, it is clearly regulated in Article 24 paragraph (1) of the 1945 Constitution which In essence, the judiciary is an institution that has independent power to administer justice to uphold justice. In this article the authors will discuss the urgency of the Judicial Institution in the government system in Indonesia and the role and operation of the judiciary in the government system. The discussion uses the Normative Juridical method, namely by studying and paying attention to Values, existing regulations.

Tiara Sari Putri Arifin

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

Because we are social creatures, laws establish norms about how members of society should interact with each other. The Constitution of the Republic of Indonesia establishes a legal framework to regulate all human interests, including human rights. An agreement is an important document that regulates the responsibilities and privileges of individuals involved in a contractual relationship. An agreement is defined as a legally binding act that binds the promising parties in Article 1313 of the Indonesian Civil Code. However, agreements are not always enforced, and defaults occur all the time; for example, PT. Bank Rakyat Indonesia (Persero) Tbk is fighting debtors who have not paid their bills. The causes of default, its impact on the parties, and the procedures required by law to resolve disputes are all discussed in this abstract. It is believed that a thorough understanding of default will help prevent similar incidents in the future and find fair and efficient solutions.

Sonia Yolanda; Muhammad Naufal Hakim; Zahvirah Ayudiah Pratiwi; Syamsu Adriyan Sahidin; Muhammad Fadhlurrahman +1 more

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

This research is aimed at examining how to protect the rights of indigenous peoples from several practices through a review of legislation. Regulations on customary law communities have long been regulated in Indonesian law, including the constitution. However, overlapping regulations due to conflicts of interest between the government and investors hinder the protection of their rights. Governments are often involved in land and natural resource grabbing, known as land grabbing and green grabbing. This practice triggers complex conflicts that are detrimental and ignore the rights of indigenous peoples. The conflict is rooted in the government's negligence in drafting harmonized rules that should really protect customary law communities.

Ghatfhan Hanif

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

The mandate of the introduction of human rights and freedom as a human being has been stated in the opening of the 1945 Constitution (UUD 1945) with 4 (four) paragraphs that lead humans and their nation to humanity, a justice that is independent, united, sovereign, just and prosperous and is based on the development of the nation's ideals in the crystallization of Pancasila. The constitution is like the 'Spirit of the state' that lives to grow, develop, and direct the 'Physical state' towards the paradigm, understanding and actualization of axiology in everyday life. The reason is, the state is said to be perfect if its physicality is filled with spirit in the rules of harmony, harmony and balance. Thus, all of this is needed to be a name "State of Law". The state of law gives birth to basic concepts, namely the supremacy of law that is just, limitations of power, and guarantees of universal empowerment of human rights (HAM). The rule of law upholds the supremacy of the welfare concept of the rule of law that all people have the same position in the eyes of the law (equality before the law), so equality and social balance in fulfilling universal and fundamental rights in the case of people with disabilities must be positioned in a position, role and potential that legitimizes, justifies and confirms their condition as humans (living of human), not as objects or objects (inanimate).

Kuntonugroho Adnan

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

The necessity of law in upholding the principles of the constitution, particularly in governing various aspects of people’s lives, notably its enforcement and impact on economic advancement, holds significant importance. Economic law emerged in response to the rapid expansion and progress of both domestic and global economies. Across nations, legal frameworks are utilized to regulate and supervise economic and socio-technical activities, ensuring that economic progression does not compromise individuals’ rights and welfare. The introduction of the Business Competition Law was aimed at fostering a competitive market economy, allowing for fair competition between economic entities and society. The primary objective of this legislation is to forestall monopolistic practices and unfair business competition. Through the enforcement of business competition law, the aspiration is to attain economic efficiency, leading to the enhancement of public welfare. Monopolistic activities contribute to economic disparities, adversely impacting societal harmony. For instance, collusion among businesses to dictate prices can harm consumers significantly. Essentially, a select few enterprises can engage in agreements to segment markets, control prices, regulate the quality and quantity of goods and services (through cartels), all geared towards maximizing profits swiftly. Such anti-competitive practices are unjust and disadvantageous to consumers. In the global context, fostering healthy business competition is crucial to preventing detrimental business practices and promoting fair economic competition.

Nurwidya Kusma Wardhani; Taufiqurrohman Syahuri

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

This research aims to examine how the Papuan conflict from the perspective of emergency constitutional law. The perspective of emergency constitutional law in this study discusses more about the development of the Papuan case from time to time. We all know that the conflict in Papua has yet to be resolved. The role of the TNI and Police in maintaining defense and security in Papua makes its own attention not only in the national arena but also in the international arena. The method of data collection is carried out by means of literacy studies and laws and regulations and conducting qualitative descriptive data analysis to find out how the Papuan conflict from the perspective of emergency constitutional law. Both internal and external threats due to the desire of the Papuan people to separate themselves from Indonesia.  

Adam Maulana; Khalid Abdurrahman; Gusmanelli Gusmanelli

Jurnal Motivasi Pendidikan dan Bahasa 2024 International Forum of Researchers and Lecturers

In practice, the Cooperative Education Unit (SPK) does not provide the same space for every Indonesian citizen to get a quality education. SPK has becomea practice of educational capitalism that further widens the gap between one person and another  and  eliminates  the  principle  of  justice  where everyone has the right to equal opportunities for education. The  method  used  in  this  study  is  normative  legal  research that uses three approaches, namely the legislative approach, the case approach, andthe conceptual approach. With the analysis using the perspective of critical law and the theory of  Justice  John  Rawls.  The  result  of  this  study  is  a  policy recommendation  so  that  the  Cooperative  Education  Unit (SPK) school policy as a product of government policy in the education area contained in Permendikbud No. 31 of 2024 should be reviewed, corrected and returned to be a policy in accordance with national education goals. In order to be in line with the constitutional mandate to educate the life of the nation and to provide space or access to every citizen to get his or her constitutional right to education.  

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Nabhan Tabarok; Muti'ah Nuha Mumtazah; Hannamuddin Wafiyur Rahman

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2024 Pusat Riset dan Inovasi Nasional

This study discusses citizenship rights within the framework of the rule of law in Indonesia, focusing on both theoretical and practical aspects. Citizenship is a crucial element in the legal system, as it grants individuals legal status, through which they can access civil, political, and social rights. However, despite the constitutional guarantee of citizenship rights, their implementation in Indonesia still faces various challenges, particularly regarding stateless individuals, children from mixed marriages, and limited access to citizenship documents. This research employs a normative juridical and comparative method by analyzing Indonesia's citizenship regulations and comparing them with countries such as Canada and Germany. The findings indicate that Indonesia needs to reform its citizenship policies to be more inclusive and aligned with international standards. Recommendations include addressing statelessness issues, simplifying the administrative process for obtaining citizenship, and aligning policies with international principles. Therefore, it is expected that Indonesia's citizenship policies can provide more equitable and fair protection for all its citizens.