Collegium Studiosum Journal

SUBSTANTIVE V EXCEPTION PROVISION DALAM GATT: STUDI KASUS INDONESIA DI WTO

Jessica Priscilla Suri — Tue, 12 Dec 2023 00:00:00 +0700

This research delves into the dynamic interplay between substantive provisions and exception clauses within the General Agreement on Tariffs and Trade (GATT). Focusing on the case of Indonesia in the World Trade Organization (WTO), the study employs a comprehensive methodology involving legal analysis and a case study approach. Through this investigation, the research aims to unravel the intricate implications of substantive versus exception provisions in the context of international trade agreements.

PENYELESAIAN SENGKETA KONSUMEN DAN KEPASTIAN HUKUM PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN

Surya Irawan, Deny Guntara, Muhamad Abas — Tue, 12 Dec 2023 00:00:00 +0700

The abstract here is a representation (not a summary) of the background, objectives, methods and conclusions. Abstract in English written in one paragraph consisting of 150- 200 words, using Times New Roman, font size 11, one space. Abstract serves to briefly present the contents of the journal.

The position of consumers in general is still weak in the fields of economy, education and bargaining power, therefore it is very necessary to have laws that protect consumer interests. To be able to provide guarantees for the implementation of consumer protection, the government pours consumer protection into a legal product. This is important because only the law has the power to compel business actors to obey it, and also the law has strict sanctions. This research was conducted at the Consumer Dispute Settlement Agency domiciled in Karawang Regency using normative juridical types and approaches. The author reviews the legal literature on consumer dispute resolution and legal certainty over the Karawang Regency Consumer Dispute Settlement decision which is then collected and classified with detailed, systematic and directed records regarding documents/literature. Furthermore, the author conducts a descriptive data analysis, so that a comprehensive picture of the problems surrounding consumer dispute resolution and legal certainty is obtained for the Karawang Regency Consumer Dispute Settlement decision. The results of the research that the author conducted suggest that consumer settlement in accordance with Law No. 8 of 1999 concerning Consumer Protection can be pursued by 3 (three) methods / methods, namely, conciliation, mediation and arbitration on the basis of the choice and agreement of the parties to the dispute. The form of award by the method of conciliation and mediation shall be final and binding, without having to be asked for fiat execution to the local District Court, while the form of award taken by the method of arbitration must be requested by fiat execution to the local District Court so that the arbitral award has executory force.

TANGGUNGJAWAB PRIVATE KARYAWAN DAN PERUSAHAAN TERHADAP KERUGIAN KONSUMEN

Mukhtar, Nurjannah Septyanun, Yulias Erwin — Wed, 27 Dec 2023 00:00:00 +0700

In this trading activity, it is hoped that there will be a balance between the rights and obligations of business actors and consumers. For this reason, studying the implementation of private responsibilities of business actors in fulfilling consumer rights in terms of positive law in Indonesia is an interesting thing to study. The objectives of this research are 1) to find out and analyze the private responsibility of employees and companies for consumer losses in terms of positive law in Indonesia; and 2) to find out the judge's legal reasoning regarding consumer dispute decisions in the PN.Sel decision Number 9/Pdt.G.S/2020/PN.Sel. This study uses doctrinal normative legal research, namely a process for finding legal rules, legal principles, and legal doctrines to answer the legal issues faced. The approach used to obtain data for analysis is first, the statutory approach, second, the legal case study approach, third, the conceptual approach. This study uses qualitative data analysis, where the data is analyzed using descriptive analysis methods. From the results of the discussion, it was concluded that 1) The private responsibility of employees and companies for consumer losses in terms of positive law in Indonesia should be rejected from the start because Defendant I is a subject domiciled in Jakarta who should be a co-Defendant, and Defendant II became Defendant I, where Defendant one had no legal relationship because Defendant I was only the employer of Defendant II. The defendant cannot make an exception in accordance with the provisions of Article 20 of Supreme Court Regulation Number 4 of 2019 concerning Amendments to Supreme Court Regulation Number 2 of 2015 concerning Methods for Settlement of Simple Claims; and 2) The decision in case Number 9/Pdt.G.S/2020/PN.Sel should be rejected, because Defendants one and two are unclear in accordance with the Plaintiff's claim and there is a discrepancy regarding the position of Defendants I and Defendants II, so that the Panel of Judges handling this case must be based on the concept of Legal reasoning.

ANALISIS PERBANDINGAN HUKUM DALAM SISTEM PEMILIHAN ANGGOTA PERWAKILAN RAKYAT ANTARA DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA DENGAN RAJYA SABHA REPUBLIK INDIA

Ahmad Goza Zaenury, Yuniar Rahmatiar, Muhamad Abas — Tue, 12 Dec 2023 00:00:00 +0700

General elections are a feature of a democratic country in which implementation is one of the mandates of the constitution and it is the right of every citizen to determine his attitude and support through general elections. The purpose of this research is to see a comparison between the DPD election system in Indonesia and the Rajya Sabha in India which will then become a lesson about the weaknesses and strengths of the two countries. This study uses a normative juridical research method in which the author examines legal materials and supporting documents in conducting research. With the data collection method, namely literature study and document study related to general elections in Indonesia and India. The results of this study indicate that elections in the two countries in terms of regional representation generally have a lot in common where both are regulated in general in the constitutions of the two countries which are then further regulated in derivative laws and regulations. Meanwhile, with regard to the technical aspects, there are several striking differences, including the term between elections and seats and the electoral system used.

URGENSI PEMBERLAKUAN ASURANSI KREDIT DALAM KREDIT JUAL BELI KENDARAAN BERMOTOR SEBAGAI IMPLEMENTASI PERLINDUNGAN TERHADAP AHLI WARIS

Yansi Fadhillah — Tue, 12 Dec 2023 00:00:00 +0700

Motor vehicle credit insurance is a form of protection for motorized vehicles and consumers in credit agreements, namely vehicle insurance and life insurance. However, in the implementation, the insurance used in motor vehicle loans mostly uses only vehicle insurance, although life insurance is also very important, where this life insurance protects customers and heirs from the burden of paying off the remaining vehicle loans if the customer dies. In this writing it is aimed to find out the urgency of applying credit insurance in the sale and purchase of motor vehicle loans and as a basic knowledge for people who will apply for the purchase of motorized vehicles with a credit system. This paper describes the important points of credit insurance, the definition of credit insurance, the purpose of credit insurance, types of credit insurance, and laws and regulations related to credit insurance. It also explains why life insurance for car loans is very important for customers.

STRATEGI PEMERINTAH DALAM PENGEMBANGAN POTENSI MASYARAKAT PENGRAJIN TENUN

Rikardus Asa, Agung Suprojo, Annisa Purwatiningsih — Tue, 12 Dec 2023 00:00:00 +0700

This research aims to find out how the government's strategy in developing the human resource potential of weaving craftsmen in Kufeu Village, the process or stages carried out by the government in developing the potential of the weaving craftsmen community in Kufeu Village, as well as the inhibiting factors and supporting factors of the government in developing the weaving craftsmen community in Kufeu Village. This research uses a qualitative approach with 3 (three) resource persons selected proposiv sampling. Data in this study were obtained through interviews, observation and documentation and then analyzed qualitatively with an interactive analysis model, namely data reduction, data presentation and conclusion drawing. The results in this study show that the Government's strategy in developing the potential of the weaving artisan community in Kufeu Village, Io Kufeu District, Malacca Regency has not been able to develop as to increase the potential of the weaving artisan community, but it has been very maximum if the purpose of the government's strategy in developing the potential of the weaving artisan community in Kufeu Village is only limited to maintaining weaving as a village identity.

KEPASTIAN HUKUM TERHADAP KEPEMILIKAN RUMAH KPR BAGI PEMBELI YANG BERITIKAD BAIK

Nur Wakono, Yuniar Rahmatiar, Muhamad Abas — Tue, 12 Dec 2023 00:00:00 +0700

One of the issues that often arises in the implementation of home ownership loans (KPR) is the transfer of rights to the house carried out by the debtor to another party before the mortgage period ends without the knowledge of the bank and without the correct procedure. This phenomenon is known as transfer of rights or take over credit. This paper aims to evaluate the legal certainty for good faith buyers and the judge's consideration in decision No. 49/Pdt.G /2022/PN.Kwg. This research uses a Normative approach by analyzing legal materials. The results showed that the judge had decided that a good faith buyer could change the data of home ownership in accordance with legal certainty and the judge's consideration was correct in accordance with legal certainty where the plaintiff was a good faith buyer who could change the data of home ownership.

PERAN NOTARIS DALAM MEMBERIKAN PENYULUHAN HUKUM TERHADAP PENDIRIAN PERSEROAN TERBATAS

Siska Andriani, M. Hadin Muhjad, Saprudin — Thu, 21 Dec 2023 00:00:00 +0700

Based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services (hereinafter referred to as PP Number 24 of 2018 which states that company registration, both individual and non-individual, must be carried out through the OSS system. The development of the process of establishing a Limited Liability Company in accordance with Government Regulation Number 24 of 2018 means that the notary must also be able to following changes by properly understanding the OSS system, especially in KBLI registration, this means that the role of notaries in this matter is very necessary, this is also considering the authority of notaries in providing legal counseling. The emergence of the role of Notaries in providing legal counseling regarding the establishment of Limited Liability Companies raises questions regarding the extent of counseling. the law that can be given by a notary and the legal consequences if the notary does not carry out legal counseling. Notaries are responsible and have the authority to provide legal counseling to parties establishing limited liability companies. This is in accordance with Article 15 paragraph (2) letter e of the Notary Position Law. However, this form of responsibility is not within the realm of an obligation, only in the form of authority alone, so that in this case, if the notary does not exercise his authority in providing legal counseling, it will not have any influence on the deed he makes. There are no sanctions for Notaries who do not provide legal counseling to applicants establishing Limited Liability Companies.

PENEGAKAN HUKUM TERHADAP PENELANTARAN ANAK DI KABUPATEN KENDAL

Safriena Rudy Wijayati, Dyah Listyarini, Dyah Listyarini — Tue, 12 Dec 2023 00:00:00 +0700

Abandoned children is a child who has not yet turned 18 (eighteen) years old and for some reason one or both parents are unable to fulfill their child's rights to grow and develop, then in the end they became abandoned. Article number 34 section one (1) of the 1945..Constitution of Republic Indonesia..states that "Impoverished persons and abandoned children shall be taken care of by the State". Through this article state that abandoned children's lives are protected by the state such as the needs of clothing, food and place. This thesis will discuss about law enforcement against child neglect in Kendal Regency, and aims to find out what law enforcement has been carried out by the Kendal Regency Social Service in dealing with violations of Article 34 of the 1945 Constitution concerning abandoned children in Kendal Regency. There are several factors that encourage children to be abandoned, the first is due to difficult economic conditions, disharmonious household, and internal factors. The research method for this thesis is a descriptive qualitative approach. The data was come from collected through in-depth of interviews and observation with the informants. The main informant in this research was the Head of the Kendal Regency Social Rehabilitation Division, and the additional informant was 1 (one) abandoned child. While secondary data obtained through various sources of literature, namely books, journals, or electronic media. As a result, the Kendal Regency Social Service has made efforts to ensure the lives of abandoned children, such as fostering street childrens, registering and sending them to social institutions, and providing disability assistance for abandoned children with special needs.

PERTANGGUNG JAWABAN TERHADAP PELAKU TINDAK PIDANA PROSTITUSI ANAK DI PENGADILAN NEGERI PADANG PARIAMAN

Wiranda Nugraha Sabri, Lo Yustrisia, Riki Zulfiko — Tue, 12 Dec 2023 00:00:00 +0700

The purpose of this research is to find out about law enforcement against children who are victims of prostitution and to find out the efforts so that users of prostitution services can be given criminal sanctions. The nature of the research used is descriptive, namely research that aims to provide data that is as precise as possible about the circumstances that are the object of research. Then the problem approach used is a normative juridical approach, namely research that is only aimed at written regulations so that this writing is closely related to libraries because it will require secondary data from the library. Sources of data and legal materials used are secondary data, namely data obtained through literature studies, including books, supporting literature with the subject matter discussed and laws and regulations. The results of this study are that law enforcement in this case does not yet reflect justice for the victims and does not yet reflect a massive enforcement and the efforts that are being made are imposing sanctions in accordance with the context of laws and regulations.

ANALISIS YURIDIS PEMBANGUNAN INFRASTRUKTUR PERDESAAN DALAM MENINGKATKAN KESEJAHTERAAN MASYARAKAT DI DESA PETIR KECAMATAN PURWANEGARA KABUPATEN BANJARNEGARA

Susi Setianingsih, Indriati Amarini — Sat, 30 Dec 2023 00:00:00 +0700

This research is titled "Juridical Analysis of Rural Infrastructure Development in Improving the Welfare of the Community in Petir Village, Purwanegara Subdistrict, Banjarnegara Regency." The aim of this research is to analyze the role of the village government in rural infrastructure development and identify the factors influencing development in Petir Village. The research method employed is a normative juridical legal research with a literature study approach. Data analysis is conducted qualitatively, referring to Law Number 6 of 2014 concerning Villages and the 1945 Constitution of the Republic of Indonesia. The results of the research indicate that, in accordance with Law Number 6 of 2014, the village government has the primary responsibility for implementing development in its area. The infrastructure development program in Petir Village focuses on concrete paving, road casting, asphalt road construction, and drainage, selected through village deliberations. Despite ongoing development, there are still challenges such as unsupportive road terrain, the remote location of the village, and weather uncertainty affecting the smooth progress of development. Supporting factors for rural infrastructure development involve the participation and active involvement of the Petir Village community in every stage of development. Meanwhile, inhibiting factors include geographic constraints and weather conditions that force development delays. This research provides a comprehensive overview of the efforts of the village government in addressing national development disparities through rural infrastructure development. The implications of the research findings can serve as a basis for policy improvement and development strategy at the village level, particularly in Petir Village, to enhance community welfare.

PERTANGGUNGJAWABAN PERDATA ATAS WANPRESTASI DALAM PERJANJIAN JUAL BELI

Muhammad Eggi Fahlevi, Benni Rusli, Jasman Nazar — Tue, 12 Dec 2023 00:00:00 +0700

An agreement is a legal relationship carried out by two or more parties based on an agreement to give rise to a legal effect. Agreements made together aim to achieve achievements, including in terms of trade carried out, especially in buying and selling transactions. A valid sale and purchase agreement usually cannot be canceled by either party easily without any clear reason. A sale and purchase agreement can only be canceled if there is consent from both parties who entered into the agreement. But in the sale and purchase agreement, not a few of the parties commit violations with various reasons and arguments that tend to justify why they broke the agreement or broke their promise. The agreement was made as a form of agreement between the two parties, to regulate and protect legal relations between private or civil interests. The purpose of this study is to determine civil liability for default in a sale and purchase agreement. The research method is normative juridical. Using qualitative analysis techniques. Conventionally,conventionally, civil liability arises when a party fails to fulfill contractual or non-contractual obligations that have been agreed upon. These obligations may include providing compensations as a result of customer agreements that occur due to their own negligence, the mistakes of other people who are under their responsibility, or losses caused by their negligence.

ANALISIS YURIDIS PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

Thalia Firda Soraya, Indriati Amarini — Tue, 12 Dec 2023 00:00:00 +0700

Land acquisition by the government for development purposes, especially to realize a just and prosperous society, is a complex action that involves the rights of certain parties, namely the people who have rights to the land. In 2012, the Government of Indonesia passed Law No. 2/2012 on Land Acquisition for Development in the Public Interest. This law is designed to ensure the protection of the rights of each party, both the government and the community, in the land acquisition process. The principles of land acquisition, as explained in the general explanation of Law No. 2/2012, are expected to be in accordance with the values of Pancasila which aims to ensure justice for all parties. This research aims to analyze land acquisition procedures based on Supreme Court Decision Number 482 K/TUN/2021 with reference to Law Number 2 of 2012 on Land Acquisition for Development in the Public Interest. The research method used is normative juridical, a legal research approach that emphasizes literature analysis. The results show that in the land acquisition process, there are stages of planning, preparation, implementation, and delivery of results, which are then determined through the issuance of a Governor Decree.

PERLINDUNGAN HUKUM TERHADAP PEMBELI BERITIKAD BAIK PADA JUAL BELI HAK ATAS TANAH

Muhammad Amin, Nurjannah Septyanun, Yulias Erwin — Sat, 16 Dec 2023 00:00:00 +0700

This research aims to analyze the legal considerations of judges in legal protection for buyers in good faith when buying and selling land rights which are confirmed by court decisions and the Supreme Court decision. The research method used in this research is a normative juridical approach research method, the author summarizes the Selong District Court Decision, the Mataram High Court Decision and the Supreme Court Decision. Based on the results of the research, it shows that the meaning of good faith is a buyer who buys and sells land using valid procedures/procedures and documents as determined by statutory regulations and is careful by examining matters relating to the land object being agreed upon. Legal protection for buyers with good intentions is that the Panel of Judges decides the validity of the sale and purchase carried out by the buyer. Before carrying out a land sale and purchase transaction, every prospective buyer must check the land they want to buy to ensure that there are no disputes regarding the object, ensure that the seller is the original owner of the object, it would be better for the House of Representatives to make clear regulations regarding the criteria for buyers in good faith. and firm.

PERLINDUNGAN HUKUM BAGI PENCIPTA LAGU ATAS LAGU CIPTAANNYA YANG DIPAKAI ORANG LAIN TANPA IZIN

Kolosse Bestanta Marbun, Jeshanta Elshadai Purba, Yanti Agustina — Tue, 12 Dec 2023 00:00:00 +0700

Creating a work of music that has economic value is not something that everyone can do, because creation requires creativity, effort, and costs, therefore the rights of the person who creates a work of music must be protected and respected. This protection has been proven by the existence of Act Number 28 of 2014 concerning Copyright, the enactment of this law is due to the many copyright violations in Indonesia where one of these copyright violations will be discussed in this journal. This journal uses research methods of juridical analysis and qualitative data analysis. Protection of the creator's rights has been formulated in Law Number 28 of 2014 concerning Copyright, where the creator and the right holder are the authorities and have full control over their creation, therefore parties who wish to use the work belonging to the creator must obtain prior permission from the creator.

ANALISIS TINJAUAN TERHADAP TINDAK PIDANA ABORSI BERDASARKAN UNDANG-UNDANG NO 36 TAHUN 2009 KESEHATAN

Erik Iswandi, Deny Guntara, Muhamad Abas — Tue, 12 Dec 2023 00:00:00 +0700

Abortion is an act that violates the law because it tries to abort a pregnancy or abort it with various problems and reasons. The reasons for someone having an abortion can be in the form of medical reasons that require an abortion, economic reasons that are not sufficient for the family's needs, social reasons and so on. In (Decision Study Number 333/Pid.Sus/2021/PN Bks), a woman has an abortion on the grounds that if she doesn't have an abortion then she will lose her job while she is the backbone of the family because her husband doesn't work. The purpose of this study is to legally analyze the decision Number 333/Pid.Sus/2021/PN Bks. The research method used is normative juridical with library study data collection methods. The results of this study indicate that the act of abortion is a criminal act regulated in the Health Law and the Criminal Code with several exceptions. The judge decides the case by considering the evidence and facts at trial. The judge in deciding this case was in accordance with the regulations so that the judge's indictment was fair and did not harm the defendant.

PERAN OJK TERHADAP KERUGIAN NASABAH YANG DIAKIBATKAN OLEH MANAGER INVESTASI YANG TIDAK MEMILIKI IZIN

Tue, 12 Dec 2023 00:00:00 +0700

This study examines the role of OJK in reducing unrecorded money losses for customers. The OJKâ€™s responsibilities in regulating investment are divided into two parts, namely prevention aimed at non-customers, and taking action to overcome previous problems. Because this research is normative, it is based on documented legal theories, concepts, principles, and related laws and regulations. In this study, the main legal sources include Law no.8 of 1995 which regulates the capital market, and secondary legal sources are research in journals or publications related to the capital market. Document research is one of the methods used to obtain data. This study uses inductive and descriptive data. The results of this study are about the impact of OJK on the losses of unlicensed investment managers. Supervision activities include capital protection against customer losses, and the supervisory process for supervisory institutions.

EKSISTENSI PANCASILA SEBAGAI LANDASAN PERTAHANAN NEGARA DALAM MENGHADAPI ANCAMAN IDEOLOGI ASING

Dino Rizka Afdhali, Irwan Triadi — Tue, 12 Dec 2023 00:00:00 +0700

A country is not always in a conducive and controlled state. Several disturbances and threats often occur which can threaten the integrity and sovereignty of the country. One of the threats to the state is ideology which can change the order of society and its perspective. In this era of globalization, Pancasila as a state ideology is being tested again by many foreign ideologies trying to enter our country through information media and technology that can be reached by all groups, such as the ideologies of communism, liberalism, capitalism, religious extremism and others. This journal aims to determine the existence of Pancasila as the basis for national defense in facing foreign ideological threats. The method used in this legal research is normative juridical legal research which uses library materials as primary sources. The results of this research are that even though it is often faced with interference and threats from foreign ideologies that want to replace the existence of Pancasila, the Pancasila ideology is able to continue to exist and is able to fight with other major ideologies which also act as a filter for foreign ideologies in influencing the Indonesian nation.

KEPASTIAN HUKUM ATAS PEMINJAMAN PERUSAHAAN OLEH PIHAK KETIGA YANG DIBUAT DENGAN AKTA NOTARIS TERKAIT DENGAN PENGADAAN BARANG DAN JASA

Jesslyn Kisea Tinambunan — Sun, 31 Dec 2023 00:00:00 +0700

In the implementation of procurement of goods/services, sometimes there is abuse by contractors in gaining profits without fulfilling their obligations by lending their company name to work on the project to a third party in exchange for a project fee. The winning bidder and the third party make a new agreement regarding the project to be carried out. In this research, the formulation of the problem is how is legal certainty regarding company loans by third parties made by notarial deed related to the procurement of goods and services? This research method is included in the form of normative juridical research. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data analysis was carried out using qualitative juridical data analysis methods. The research results show that legal certainty regarding company loans by third parties made by notarial deeds related to the procurement of goods and services is not fulfilled. This is because it does not fulfill the provisions in Article 1320 of the Civil Code, especially the objective requirements which consist of certain things that are agreed upon and lawful causes. Therefore, this has implications for the cancellation of Deed Number 61 dated 27 July 2011 made by Notary Fitri Yuliana, SH, regarding company loans by third parties for the procurement of goods and services. Apart from that, there are other legal implications for the parties, namely for parties who default, they will be subject to administrative sanctions, be sued for compensation and/or be criminally reported. The party who suffers losses due to default can terminate the contract and the party who defaults is obliged to return the benefits and achievements. If this is not fulfilled by the party in default, then the aggrieved party can take legal action through a civil lawsuit to the district court.

PROBLEMATIKA HUKUM ASAS LEX SPECIALIS

Syafril Moh Nur S. Molou, Dian Ekawaty Ismail, Suwitno Yutye Imran — Tue, 12 Dec 2023 00:00:00 +0700

This article aims to determine the problems of implementing article 44 paragraph (3) of the law on the elimination of domestic violence in criminal acts of domestic violence which result in the victim's death. This research uses normative legal research methods. If you look at the severity of criminal cases, what often happens are cases of domestic violence in which the victim dies. The crime of domestic violence actually has a special law that regulates criminal acts within the household locus, namely Law number 23 of 2004 concerning the elimination of domestic violence. However, sometimes there are still similar cases which are decided by applying Article 338 of the Criminal Code (KUHP).

EFEKTIVITAS SISTEM E-COURT DI PENGADILAN NEGERI LUBUK BASUNG

Romi Julisman, Nuzul Rahmayani, Jasman Nazar — Tue, 12 Dec 2023 00:00:00 +0700

Technological developments are getting faster and faster, driving changes that occur in the wider community. As a result of these technological developments, the world of justice must also innovate to keep up with current developments. Therefore the Supreme Court created the E-COURT application, a website system that operates in a network to make it easier for courts to resolve civil cases. The purpose of this writing is to find out how the Lubuk Basung District Court maximizes the implementation of the Perma issued by the Supreme Court and to find out the factors that become obstacles in e-court proving. This research method is descriptive analysis, that is, from research it is expected to obtain a detailed and systematic description of the problem to be studied. In this study, using the type of empirical approach research. The empirical approach is research that is used to describe conditions seen in the field as they are. That the Lubuk Basung Court has used e-court trials in a hybrid manner to minimize the deficiencies that exist in the e-court itself. However, these changes do not necessarily improve everything, there are still many obstacles in this hybrid e-court and the ineffective implementation of e-court at the Lubuk Basung District Court.

IDEALITAS PENEGAKKAN HUKUM DITINJAU DARI PERSPEKTIF TEORI TUJUAN HUKUM

Dino Rizka Afdhali, Taufiqurrohman Syahuri — Tue, 12 Dec 2023 00:00:00 +0700

In principle, laws are made to give people confidence in different interests. Through law, the ideals of legal subjects can be achieved, including legal certainty, benefit and justice. However, in the process of law enforcement, between these three legal objectives, there are often conflicts between one legal objective and another. This journal aims to determine the ideality of law enforcement from the perspective of legal objective theory. The method used in this legal research is normative juridical legal research which uses library materials as primary sources. The result of this research is that if there is tension between these basic values, then you must use the basis or principle of priority where the first priority always falls on the value of justice, then the value of usefulness or usefulness and finally legal certainty. In other words, ideally law enforcement must always prioritize and prioritize the goals of justice.

PROSES PENEGAKAN HUKUM TERHADAP KASUS PENGANIAYAAN MARIO DANDY KEPADA DAVID OZORA

Thu, 28 Dec 2023 00:00:00 +0700

Efforts to ensure that regulations in society function properly as law enforcement. Law enforcement officers are expected to be able to carry out their obligations to enforce the law against perpetrators, especially those who carry out law enforcement. This journal discusses two issues. First, how does law enforcement handle the perpetrator? Second, how society acts regarding the Mario Dandy case which involves thinking. The author uses normative research methods by collecting data from legal materials which contain various normative legal rules. The data they obtain and process comes from library sources. The author searched for previous literature by reading articles, books, and websites related to this subject. The research results show that Mario Dandy, the perpetrator of the abuse in this case, was charged with Article 355 paragraph (1) subsidiary 354 paragraph (1) of the Criminal Code, Article 353 paragraph (2) of the Criminal Code, and/or 76 C in conjunction with 80 of the Child Protection Law. This puts him in danger of a maximum prison sentence of 12 years. Because of this, law enforcement responded to Mario Dandy with great anger and hoped that this case would be resolved legally and not end peacefully. They hope this incident will be a lesson for teenagers and parents about education and payments. pay attention to the actions of the children. As a result, law enforcement that can provide justice and truth to legal officers is needed to make people more careful and teach wisdom to their children.

TINJAUAN YURIDIS TERHADAP PEMBELIAN BARANG ELEKTRONIK REKONDISI

Amar Amarulazhar, Yuniar Rahmatiar, Muhamad Abas — Fri, 22 Dec 2023 00:00:00 +0700

This study aims to determine the position of the parties in purchasing electronic reconditioned goods and the mechanisms for purchasing reconditioned electronic goods as well as legal protection for consumers in purchasing electronic reconditioned goods. The research method used in this study is a normative juridical approach, namely a legal approach that is carried out by examining the rules or rules that relate to the purchase of reconditioned electronic goods, from the perspective of consumer protection law, by studying literature or by reading, quoting and studying theory. related to the problem being studied. Then the main data used is secondary data and supporting data is primary data. The data analysis technique in this study uses the interpretation method, which contains opinions or theoretical views on something, in this case of course the theoretical views refer to applicable laws and regulations, books, journals, decisions and other sources that can be accounted for. By looking at the results and discussion, it can be concluded that the position of the parties in purchasing electronic reconditioned goods is unbalanced, in which case the consumer is in a weak position. The mechanism for buying electronic refurbished goods is the same as buying and selling in general.

KEABSAHAN PENGHADAP YANG MENGHADAP SECARA DARING DALAM CYBER-NOTARY

Nagawati Limantara, Abdul Halim Barkatullah, Mulyani Zulaeha — Tue, 26 Dec 2023 00:00:00 +0700

Progress in the digital era has made technological advances increasingly sophisticated and rapid so that the use of various digital media is very necessary for society. The shift in activities that were previously carried out conventionally is slowly shifting to online or better known as "online", such as the use of applications zoom as an application for face to face. Activities in the notarial world are also experiencing the impact of changes in this era, which are known as cyber notary. The preparation of the parties' deeds which was previously carried out conventionally has shifted to using online methods as well, thus raising a question about the validity of the identities of the presenters who appear online before the Notary in the process of making authentic deeds in cyber notary. There is a need for synchronous arrangements regarding the conditions for making authentic deeds of the parties which are carried out online. This research is legal research nature perspective, using a statue approach and conceptual approach.

PERMASALAHAN HUKUM PENGADAAN HAK ATAS TANAH UNTUK PEMBANGUNAN SARANA PENDUKUNG IBUKOTA NUSANTARA

Daru Trimustiko Sakti, Muhammad Efendy, Rahmida Erliyani — Sun, 31 Dec 2023 00:00:00 +0700

The problem of land is a problem that often occurs, especially in urban areas where the need for land continues to increase in proportion to the number of people living in urban areas. Procurement of land for various community needs such as infrastructure development, residential land, office land, industrial land and so on is a problem that is currently always faced and often gives rise to new problems. The transfer of Indonesia's capital city from Jakarta to the capital city of Nusantara has become a new problem regarding the procurement of land rights for the construction of a new capital city, where land that was not previously used as the national capital area has become the national capital area. Some things like Procedures for procuring land rights for the construction of supporting facilities for the capital of the Nusantara and regarding forms of legal protection that can protect land rights holders who receive compensation who are affected by the construction of supporting facilities for Nusantara Capital City are interesting matters to discuss. This research uses research methods empirical normative.

ANALISIS TERHADAP KASUS PEMBUNUHAN YANG TERJADI DI JAWA TENGAH AKIBAT PERSELINGKUHAN

Finsensius Samara, Ricardo Amaral, Anggi Boleng, Castyelo Sogen — Sun, 31 Dec 2023 00:00:00 +0700

The murder was committed because of infidelity. One example of a murder case or evidence is the murder that occurred in Brebes. This report was written with the aim of recording and providing explanations and providing suggestions for resolving the problems of this case. This research will be examined accurately and concisely, and the results will be presented in the form of a scientific article. The murder that occurred in Brebes is one of the newest cases that will occur in 2023. Law enforcement against the perpetrator must be responsible and comply with existing laws. The murder case in Brebes is a case that is attracting attention because it is still under suspicion. The research method used is a qualitative approach. This research uses primary and secondary legal material sources. The analysis technique used is a content analysis data analysis technique, namely a data analysis technique by examining the contents of secondary data that has been collected so that it is compiled, then explained from statutory material. The deductive thinking pattern is a way of thinking based on basic principles, then research presents the object to be studied in order to draw conclusions about specific facts.

KEWAJIBAN PENGGUNAAN BAHASA INDONESIA TERHADAP TENAGA KERJA ASING YANG BEKERJA DI WILAYAH NEGARA KESATUAN REPUBLIK INDONESIA

Muhammad Japri, Mohammad Doni Saputra Wijaya — Sun, 31 Dec 2023 00:00:00 +0700

The ASEAN Economic Community (AEC) was formed to realize ASEAN economic integration, namely achieving a safe ASEAN region with a higher and more integrated level of development dynamics, alleviating ASEAN communities from poverty, and economic growth to achieve equitable and sustainable prosperity. MEA opens up opportunities for the entry of foreign workers (TKA) into Indonesia so that competition in the employment sector becomes increasingly tight. The obligation to speak Indonesian was regulated through Minister of Manpower and Transmigration Regulation No. 12/2013 and previously through Minister of Manpower and Transmigration Decree No. KEP-20/MEN/III/2004. This state language is mandatory because there is a need to transfer knowledge and technology (science and technology) from the presence of foreign workers. This obligation began to be removed in the procedures for using foreign workers with the issuance of Minister of Manpower Regulation No. 16/2015. In this paper the author uses a normative juridical approach, because of his approach this model of legal research is called normative legal research. By using Primary Legal material in the form of Presidential Regulation Number 20 of 2018 (Article 26), which requires that employers, not foreign workers, learn Indonesian as a requirement for work competency.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI E-COMMERCE MELALUI MEDIA SOSIAL INSTAGRAM

Fazrian Septian, Yuniar Rahmatiar, Muhamad Abas — Tue, 12 Dec 2023 00:00:00 +0700

The development of technology in this case is something related to human life, where technology on the other hand provides convenience but also provides new problems that are accepted by humans. The internet is one form of technological development itself. The internet is an electronic media and information that is developing very fast. The internet is widely used in various trading activities, trading activities that utilize the internet are known as e-commerce, one of the internet trading activities is through the Instagram platform. Trading via Instagram social media itself raises many problems related to law with all the risks. Problems that can arise include default. The purpose of this article is to find out the rights and obligations of the parties in buying and selling transactions via Instagram and the legal consequences that arise if the seller in a buying and selling transaction via Instagram defaults. In this study the authors used empirical research methods. The data taken was in the form of secondary and primary data. Secondary data was obtained from interviews with informants who had cases related to purchases on Instagram social media. Primary data were obtained from Civil Law, literature studies and various articles related to the problems studied. The results obtained from this writing are that legal protection for consumers who feel harmed by irresponsible producers has been regulated in Law no. 8 of 1999. The research in this article concludes that: in buying and selling activities carried out on Instagram there are often deviations in rights and obligations that are no longer in accordance with the norms that exist in society and legal remedies that can be taken in the event of default from one of the parties, both sellers and buyers who make online transactions, can be sued in the general court environment or outside the court and can be fined directly for the party who commits the default.

ANALISIS ASPEK TINDAK PIDANA KORUPSI PENERBITAN SERTIFIKAT HAK MILIK ATAS TANAH NEGARA

Suardi Rahman Putra, Rodliyah, Rina Rohayu Harun — Wed, 27 Dec 2023 00:00:00 +0700

This research aims to analyze the modus operandi of Corruption in the Issuance of Land Ownership Certificates for State Land and to analyze the considerations of judges in sentencing for Corruption in the Issuance of Land Ownership Certificates for State Land based on the verdict of the Mataram District Court Number 32/Pid.Sus.TPK/2017/PN.Mtr. The problem of corruption in Indonesia is spreading across all aspects of life and requires serious attention from the government, especially in preventing its further proliferation. A corruption case occurred in East Lombok Regency, specifically in Sekaroh Village, Keruak Sub-district. In this case, the defendants, who were Civil Servants in the Land Office of East Lombok Regency, were found guilty of committing corruption under Article 3 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Corruption, as they abused their authority to issue land ownership certificates within the Sekaroh forest area. The research adopts a qualitative normative approach. The researcher focuses on the corruption case in the Mataram District Court, Case Number 32/Pid.Sus.TPK/2017/PN.Mtr. The research method used is normative/legal doctrinal research, combining normative legal approach with the addition of various empirical elements. Abuse of position or authority is an act of using the authority possessed to favor or discriminate in favor of a group or individual while being discriminatory against other groups or individuals. In the legislation regarding corruption, the element of "Abuse of Authority" has been regulated and even becomes part of the core of the corruption offense. In Article 3 of Law Number 31 of 1999 Jo Law Number 20 of 2001 concerning.

PELAKSANAAN PENGALIHAN HAK MILIK ATAS BENDA MELALUI PERJANJIAN JUAL BELI MENURUT KUH PERDATA

Hendra Apriyanto — Sun, 31 Dec 2023 00:00:00 +0700

This research aims to determine the implementation of the transfer of ownership rights to objects through a sale and purchase agreement according to the Civil Code. The aim of this research is to reveal the implementation of the transfer of property rights and what risks arise after the transfer of property rights occurs through a sale and purchase agreement. This type of normative research uses descriptive qualitative methods. The collection method uses library research (library study). How to analyze this research is descriptive analysis. Results obtained: Transfer of ownership rights over objects through a sale and purchase agreement which is carried out where the provisions of the law require that to obtain ownership rights based on delivery, two conditions must be met, namely the existence of a civil event to transfer ownership rights and the delivery, all of which must be made and carried out by a person who has the right to act freely with the property to be transferred. The risks in a sale and purchase agreement are that one party does not fulfill what has been agreed upon in the sale and purchase agreement. For delivery of goods, as long as the goods have not been delivered, the risk must still be borne by the seller, who remains the owner until the time the goods are legally handed over to the buyer or the risk of loss caused by an event (event) beyond the fault of either party.

TANGGUNG JAWAB PEMERINTAH TERHADAP PELAYANAN KESEHATAN BAGI WARGA LANJUT USIA DALAM HUKUM POSITIF INDONESIA

Ririn Heryani, Iriansyah, Ardiansyah — Sun, 31 Dec 2023 00:00:00 +0700

During the pandemic and work-from-home policies, it is feared that elderly people live together with all generations in limited space, it is feared that this will increase elderly depression. On the other hand, a number of elderly people are lonely, because their children cannot see or visit their parents regularly due to social restrictions. In fact, when it is normal, the condition of the elderly still requires attention in various ways. The purpose of this research is to analyze the Government's Responsibility for Health Services for the Elderly in Indonesian Positive Law and to analyze the ideal of the Government's Responsibility for Health Services for the Elderly. The method used is normative legal research. Based on the research results, it is known that the Government's Responsibility for Health Services for the Elderly in Indonesian Positive Law is that the Indonesian Government has the responsibility to provide good and fair health services for all its citizens, including the elderly. This responsibility is reflected in several laws and regulations governing health in Indonesia. Health Law This law establishes the basic principles for administering the health system in Indonesia, including health services for elderly citizens.