Awang Long Law Review

PROVING AS AN HEIR WITH A NOTARIAL DEED

Shinta Ayu Rahmawati — 2024-05-08

Proof that every citizen has the civil right to an heir, to be able to elimanate discrimination in formal form and officials/institutions that make evidence of an heir to the state and the people of Indonesia. The purpose of this journal article was to know how an heir was show to the notary deed (in the form of certificate of inheritance). The method of research used in compiling this journal article is normatif juridical law. The result in this journal study is that there is discrimination within a rule of law in proving as an heir and what is required of the only institution or official who is authorized to produce evidence as an heir.

BUSINESS JUDGMENT RULES AND IMPOSITION OF STATE LOSSES ON STATE-OWNED ENTERPRISES WHICH LOSSES DUE TO OWNERSHIP OF AN ASSET SOURCED FROM ACCUMULATION OF PENSION CONTRIBUTIONS

Patricia Nia Sari Damanik — 2024-05-09

This article aims to examine and analyze the limitations of implementations of Business Judgment Rule and the imposition of state financial losses on State-Owned Emterprise due to losses in asset which is financed by accumulated pension contributions. The problem is focused on the application of the Business Judgment Rule for accumulated pension contributions losses due to ownership of the JMP stand/kiosk in Surabaya and the imposition of state financial losses on that losses. This research is doctrinal legal research which uses interpretive methods to analyze cases of Directorâ€™s decision at BUMN X, the results of which are then developed into descriptive analysis. Based on the theory of Business Judgment Rules, State Finances, and State Losses, it is concluded that the loss in Accumulated Pension Contributions from the ownership of the JMP stand/kiosk is not a state loss and BUMN X Directors cannot be blamed for this loss. This research suggests the Director to do the cut loss immediately by selling the 18 stands/kiosks and continuing to encourage the Minister of Finance to issue implementing regulations of Undang-Undang Nomor 4 Tahun 2004 tentang Pengembangan dan Penguatan Sektor Keuangan as a basis for the cut loss.

IMPLEMENTATION AUTHORITY OF THE CONSTITUTIONAL COURT IN THE INDONESIAN CONSTITUTIONAL LAW SYSTEM

Moh. Thohir — 2024-05-09

This study delves into the historical evolution and significance of Indonesia's Constitutional Court, focusing on its speculated super authority and independent interpretation of the Constitution. Rooted in the global context of judicial review, the research traces the court's pivotal role back to discussions during the Draft Constitution at BPUPKI and its prominence in the 1945 reform era. With the primary goal of providing a comprehensive understanding of the Constitutional Court's journey, the study sheds light on its distinctive authority and pivotal role within Indonesia's legal and constitutional framework. The research explores the court's exclusive jurisdiction, making its decisions final and binding and limiting legal recourse for dissatisfied parties. By examining the court's historical development and legal foundations, the study elucidates the Constitutional Court's role as a guardian of the constitution. The research reveals that the court's significance stems from its establishment as a constitutional guardian during the 1945 reform era, gaining prominence with the Third Amendment to the 1945 Constitution. The court's exclusive jurisdiction solidifies its position as a final arbiter in constitutional matters, shaping the legal landscape and restricting avenues for legal redress. In conclusion, the Constitutional Court has evolved into a central player in constitutional interpretation, wielding exclusive jurisdiction and serving as a final arbiter, emphasizing its unique authority and indispensable role in shaping Indonesia's legal and constitutional framework.

SEMA BINDING STRENGTH NO. 2/2023 REGARDING THE JUDGE'S DETERMINATION IN APPLICATIONS FOR REGISTRATION OF INTERFAITH MARRIAGES

Cliff Ivan Leonide — 2024-05-09

The state guarantees freedom of religion, as well as forming a marriage. Registration of marriages, especially mixed marriages, is regulated in Article 57 of Law no. 16 of 2019 concerning Marriage. This mixed marriage is also related to interfaith marriage which is also a right for Indonesian citizens. The Supreme Court in this case made SEMA No. 2/2023 dated 17 July 2023 concerning Appointments for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs, at point No. 2 explains that "The court did not grant the request for registration of marriages between people of different religions and beliefs." If this SEMA is analyzed it is in conflict with Article 35 letter (a) of Law no. 23 of 2006 in conjunction with Article 50 of Minister of Home Affairs Regulation no. 108/2019. Therefore, the author analyzes the binding strength of SEMA No. 2/2023 dated 17 July 2023 regarding the failure to grant the request for registration of interfaith marriages. Meanwhile, Minister of Home Affairs Regulation no. 108/2019 states that interfaith marriages must be proven, which automatically results in an application being made to the court. This is also related to Article 35 letter (a) of Law no. 23 of 2006 concerning Population Administration which regulates marriages determined by courts for people of different religions. Therefore, the author analyzes the above problem with the problem, namely the binding force of SEMA No. 2/2023 regarding the judge's decision in the application for registration of interfaith marriages. The method used is normative juridical research, with an analysis of the theory of authority and legal certainty. The approaches used are the conceptual approach, statutory approach and case approach. The conclusion to be reached in this writing has future perspective value and is in accordance with its axiology, namely the aim of law is justice.

JURIDICAL REVIEW OF PRENUPTIAL AGREEMENTS

Esti Royani — 2024-05-09

A prenuptial agreement or commonly referred to as a prenuptial agreement is a contract or agreement that is equally agreed upon by a married couple, either before the marriage takes place, or during the marriage bond. In conducting research to be more focused, the author made a formulation of the problem, namely how is the legal provisions of the prenuptial agreement based on Law Number 16 of 2019, how is Amendments to Law Number 1 of 1974 concerning Marriage in Indonesia and the Legal Effects on Marital Property with the Prenuptial Agreement in Indonesia. The type of research used in this writing is normative legal research. Normative research is carried out by collecting data and information about the legal norms you want to research, then analyzing the data and information to get a deeper understanding of existing legal norms. Normative research methods can be carried out by means of literature studies, namely by collecting library materials or legal sources relevant to the research topic. The results showed that the forms of this marriage agreement include marriage agreements with togetherness of profit and loss, marriage agreements with togetherness of results and elimination of togetherness of wealth. The content of the agreement must be discussed carefully. You must ensure that you and your partner agree on the content of the agreement and are consistent with your values. For example, how joint property will be managed and divided if one day you divorce.

PERMANENT LEGAL STRENGTH (INKRACHT VAN GEWEIJSDE) PKPU PEACE IN BANKRUPTCY LAW

Felly Felmmy Dwi Renaningtyas Poesoko — 2024-05-12

The decision to ratify PKPU peace (homologation) based on its regulations has permanent legal force (inkracht van geweijsde).

The nature of permanent legal force is related to whether it can be executed or implemented immediately, so that this decision requires legal certainty by stating that the decision must have permanent legal force. Bankruptcy law regulates differently regarding the permanent legal force in PKPU decisions, the difference being that the permanent legal force does not apply to the entire substance of the case but only to the peace agreement agreement, which can be called limited permanent legal force. Regarding this specificity, the researcher wants to analyze it under the title "permanent legal force (inkracht van geweijsde) of PKPU peace in bankruptcy law". This research uses normative juridical research methods, with the analysis of peace theory, legal system theory and theory of legal objectives with a statutory approach, conceptual approach and case approach and which is expected to have prescriptive value in the future in accordance with its axiology, namely the aim of law is justice

LEGAL PROTECTION OF CONSUMERS DUE TO DEFAULT BY @SELLYALBOEM IN PURCHASING NEO CULTURE TECHNOLOGY (NCT DREAM) ALBUMS

Cahya Agustianing Durrah Hikmawati — 2024-05-12

The impact of the internet as a result of advances in the development of information technology for consumers has changed consumer behavior to become more critical and selective in determining the products they will choose. A valid agreement will have an achievement. As is known that an agreement is a relationship between two parties, based on which one party is entitled to demand something from the other party, and the other party is obliged to fulfill these demands. In this case, the achievement can be in the form of giving something, doing something, or not doing something. Although an agreement is made with the hope that everything that has been agreed upon can go well, in practice there is often a non-fulfillment of achievement from one of the parties which gives rise to a situation called default. The problem in this thesis is about the form of legal protection for consumers due to default on the purchase of NCT Dream Albums and dispute resolution efforts that can be taken if there is a default on the purchase of NCT Dream Albums. The research method in this thesis consists of a normative juridical research type with a research approach using a statutory approach and a conceptual approach. The source of legal material uses primary legal materials and secondary legal materials. The results of this study indicate that legal protection for consumers due to default by @Sellyalboem in purchasing Neo Culture Technology (NCT Dream) Albums is divided into two. First, internal legal protection is created through an agreement made by each party. The authorities create second, external protection through the formation of laws and regulations aimed at the interests of the injured party. Business actors who make defaults must make compensation. If they do not make compensation, consumers can be able to make settlement efforts using 2 ways, namely, out-of-court dispute resolution (non-litigation path) and dispute resolution in court (litigation path).

LEGAL PROTECTION FOR CREDITORS AGAINST DEBTORS IN DEFAULT PEER TO PEER LENDING AGREEMENT

Alvon Marbun — 2024-05-10

The purpose of this research is to determine the validity of the Civil Code perspective on peer to peer lending agreements and to determine the factors that hinder creditor returns and the role of the OJK in protecting creditors. This research uses normative juridical methods, namely obtained from library materials and related literature such as books, journals and so on. Peer to peer lending agreements made using an electronic system are basically valid because they fulfill the 4 requirements in Article 1320 of the Civil Code. There are several factors that hinder returns and creditors, namely, individual characteristics, business, credit, internal and external factors. OJK's role in protecting lenders in peer to peer lending agreements, OJK provides sanctions to organizers for losses from fund owners due to errors and negligence in cases where there is a lack of transparency, not acting fairly, not being reliable, not maintaining data confidentiality and security.

IMPLEMENTATION ANALYSIS OF E-PROCUREMENT IN INCREASING SMALL AND MEDIUM ENTERPRISE PARTICIPATION IN MALANG REGENCY

Mohammad Rasul Kadarisman — 2024-05-21

E-procurement (electronic procurement of goods and services) is the digital transformation of government procurement processes based on the internet. It offers opportunities to make procurement more transparent, effective, efficient, and accountable. The implementation of E-procurement is one manifestation of good governance. However, various regulations that encourage the participation of SMEs (Small and Medium Enterprise) in government procurement have not been utilized properly. This research was conducted to analyze the implementation of E-procurement in increasing the SME’s participation in Malang Regency. This study adopted an explanatory research design using a quantitative approach with a sample size of 75. The analysis results state that there is a significant relationship between the performance of procurement services, leadership, e-procurement, and the enhancement of SMEs' participation in Malang Regency.

JURIDICAL REVIEW REGARDING THE MAKING OF HALAL CERTIFICATION FOR MSMES IN SANGATTA CITY

Atthyya Radhitya — 2024-05-24

The majority of Indonesia's population is Muslim, so the halalness of a product is very important, especially for products that enter the body. Therefore, the Government, through several regulations, has implemented a policy, namely implementing mandatory halal certification for every MSME actor as stated in Article 2 paragraph (1) of Government Regulation no. 39 of 2021 concerning Implementation of Halal Product Guarantee Sector. However, there are many polemics among MSME players regarding halal certification, starting from limited knowledge regarding how to register, limited costs if it is necessary to register for halal certification, and also minimal outreach regarding the importance of halal certification for MSME players in Sangatta city . In order to overcome these obstacles, collaborative efforts are needed between the government, related institutions and MSME actors themselves. Concrete steps that can be taken include increasing outreach and education, providing cost subsidies, simplifying the certification process, strengthening coordination between related institutions. In this journal, it is appropriate to use normative methods with statutory and conceptual approaches. This halal certification has a very important role in increasing consumer confidence, product competitiveness and access to global markets.

LEGAL PROTECTION OF CUSTODY RIGHTS FOR DUAL CITIZENSHIP CHILDREN AFTER THE DISSOLUTION OF MARRIAGE

Agus Arief Wicaksana — 2024-05-27

The purpose of this research is first to determine the legal consequences of the breakup of mixed marriage on the custody of dual citizenship children and second, to understand the judge's considerations in handing down a decision as legal protection of child custody after the breakup of mixed marriage normative legal research methods. In the era of growing globalization, population mobility between countries has become increasingly common. This often causes mixed marriages between Indonesian citizens and foreigners to occur. Obstacles for people carrying out marriages of different nationalities, both within and outside the country, are regarding legal protection for children if in a marriage in Indonesia, for example, there is a divorce which has an impact on the division of assets, child custody, and so on. The most prominent impact of this kind of marriage is the birth of children with dual citizenship or dual citizenship. These children are citizens of more than one country at birth, and this presents unique challenges regarding their custody when parents divorce. An issue that is vulnerable and often arises in mixed marriages is the issue of the child's citizenship. Even though there are several legal regulations governing child custody, disputes over child custody often become disputes in court that require fair handling by judges. In this research, the judge decided that custody of a dual-citizen child would be given to the biological mother by applying the principle of the best interests of the child.

IMPLEMENTATION OF THE DECISION OF THE 416 SUPREME COURT OF THE REPUBLIC OF INDONESIA ON HEIR GRANTS

Kusuma Febry Puspitasari Widjatmiko — 2024-05-30

The decision of the Supreme Court of the Republic of Indonesia 225K/SIP/1960 discusses the implications of heir grants in the context of Indonesian law. This ruling may outline the legal considerations and interpretations given by the Supreme Court to cases relating to heir grants in 1960. However, because I do not have direct access to the contents of the ruling. In a general context, Supreme Court decisions often serve as an important guide for legal practitioners in understanding and applying law in Indonesia.

APPLICATION CITIZEN’S CHARTER IN IMPROVING THE QUALITY OF POLRI PUBLIC SERVICES

Marasi Kindly Harianja — 2024-05-31

Improving the quality of service requires support from all groups, including the integrity and commitment of the Police leadership and service officers as well as the community's commitment not to commit deviations in accordance with the Citizen's Charter (service contract) which has been formulated and established as a guideline for the implementation of Polri's public services. The public must always prioritize equal rights and justice regarding these services so that improvements in the quality of Polri's public services in the future can be achieved effectively and efficiently by achieving good governance which is characterized by clean governance. This is in accordance with the general principles of state administration (the general principle of organizational state) which consist of legal certainty, orderly state administration, public interest, openness, proportionality, professionalism and accountability.

THE ROLE OF THE NOTARY IN SETTLEMENT OF CRIMINAL CASES BASED ON RESTORATIVE JUSTICE

Neisa Angrum Adisti — 2024-05-31

Restorative Justice is an effort to find a peaceful process for resolving cases outside of court. This research uses normative legal research methods. The urgency of resolving criminal cases based on restorative justice is essentially the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair solution by emphasizing restoration to the original condition, and not retaliation. The main point of resolving criminal cases based on restorative justice is the existence of a peace agreement between the victim and the perpetrator of the crime. Peace agreement and fulfillment of the rights of victims of criminal acts.

To prepare a peace agreement signed by the parties, of course it must be formulated in writing and can be drafted and signed in the presence of an authorized official. If necessary, this is where the role of a Notary can be used in drafting a peace agreement through a peace deed made and signed before a Notary. To strengthen the validity of the peace agreement letter and the need for legal protection, guarantees in fulfilling the rights of the victim, to avoid acts of default on the peace agreement between the criminal perpetrator and the victim, it can be formulated through an authentic deed, namely a peace deed made and signed before a Notary.

THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT

Sunariyo — 2024-05-31

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.

RESTORATIVE JUSTICE IN CRIMINAL DEFAMATION ON SOCIAL MEDIA: A LEGAL PERSPECTIVE AND IMPLEMENTATION IN INDONESIA

Widodo — 2024-06-05

This research discusses restorative justice in the crime of defamation on social media, focusing on the legal perspective and its implementation in Indonesia. Defamation through social media has become an increasingly relevant issue in today's digital era. The restorative justice approach offers an alternative in resolving defamation cases that can restore the relationship between the perpetrator and the victim.The purpose of this research is to find out how is the implementation of restorative justice in the settlement of criminal defamation in social media? This research uses a normative juridical approach, with a literature study that includes various sources such as scientific writings or articles in the form of books, online media, dissertations or other literature. The results showed that the implementation of restorative justice in the settlement of criminal defamation in Indonesia is still limited and faces various obstacles. These obstacles include a lack of awareness and understanding of the concept of restorative justice, lack of support from relevant institutions, and challenges in identifying and involving all parties involved. Restorative Justice has great potential as an effective approach in resolving defamation cases. This approach focuses on recovery and reconciliation between the perpetrator, the victim, and the community.

LEGAL LIABILITY OF PROPERTY DEVELOPERS REGARDING THE FULFILLMENT OF OBLIGATIONS TO CONSUMERS IN SALE AND PURCHASE TRANSACTIONS USING THE BINDING SALE AND PURCHASE AGREEMENT

Yulvita Ratna — 2024-05-31

Business people show great interest in the development of the property industry. With promising market prospects, developers have significant legal responsibilities to potential buyers. To ensure legal certainty and avoid future conflicts, consumers must understand and comply with the legal rules contained in the agreement. The Sales and Purchase Agreement functions as a contract between the seller and the buyer at the initial stage of the home buying and selling process. This research examines the developer's responsibility towards consumers in house sale and purchase agreements through the Agreement of Sale and Purchase Binding mechanism, because a lack of consumer awareness and knowledge can increase risks to their rights. The method used in this research is based on normative juridical. The aim of this research is to determine the developer's legal responsibility towards buyers as consumers, so that there is legal certainty for buyers using the Agreement of Sale and Purchase Binding system. Developers must bear the losses experienced by consumers in accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection. In accordance with Article 19 of Law Number 8 of 1999 concerning Consumer Protection, this research aims to determine the developer's legal responsibility towards buyers as consumers, so that buyers can obtain legal certainty through the Agreement of Sale and Purchase Binding system. In addition, the developer is responsible for providing accurate information and guaranteeing the quality of construction, which includes the construction period to the maintenance period, until all sales and purchase agreements are completed.

CONSUMER PROTECTION AGAINST DEBTORS ON THE TRANSFER OF MORTGAGE RIGHTS VIA CESSIE

Fiorella Angella Dameria — 2024-05-31

Disparities in financial capabilities in society have resulted in many credit agreements being entered into between consumers as debtors and banks as creditors or lenders, which are also accompanied by collateral in the form of mortgage rights which are used as collateral for payment of receivables by the debtor if he is unable to pay his debts to the creditor. The scope related to credit agreements is increasingly expanding when the model develops that credit agreements can be transferred to third parties through a cessie or receivable transfer agreement which of course poses risks for both creditors and debtors because in principle, when receivables are transferred to the cessie buyer, then the mortgage rights as collateral are also also transferred, including in terms of claim rights by new creditors. Therefore, this issue is interesting to discuss from the perspective of debtor protection as consumers of banking institutions, especially regarding the procedures and requirements that need to be understood regarding the transfer of mortgage collateral through a cessie or receivable transfer agreement. Apart from that, debtors also need to know what legal remedies can be submitted if the credit agreement or receivable transfer procedure causes losses for the debtor. In this research, the author uses a normative juridical research method using literature study and a legal approach. The results of the research show that based on the Consumer Protection Law and Financial Services Authority regulation, the Debtor as a consumer has the right to know clear and accurate information regarding the procedures and requirements of credit agreements including receivable transfer or cessie agreements and the legal consequences for the mortgage rights which he uses as collateral, including filing a complaint and/or legal remedies in litigation and non-litigation as long as he feels disadvantaged. The government needs to aggressively carry out outreach regarding all applicable regulations regarding credit agreements.

LEGAL STUDY ON PERSONAL DATA PROTECTION BASED ON INDONESIAN LEGISLATION

Endang Lestari — 2024-05-31

Personal data protection is an effort to protect individual privacy rights, which includes the need to protect a person's privacy as well as the protection of their personal data. The type of research in this study is normative juridical, which focuses on the review of positive legal norms.To find out about the protection of personal data regulated in Indonesian Legislation and to find out the obstacles to personal data protection in law and their solutions. In Indonesia, Personal Data Protection has been regulated in Law Number 27 of 2022 concerning Personal Data Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, and the Regulation of the Minister of Communication and Information of the Republic of Indonesia Number 20 of 2016 concerning Protection of Personal Data on Electronic Systems, and has obstacles in the application of this Law such as the overlap of the old law with the new one, and preventing a legal expert from adopting which Law.In the current technological era, the significance of addressing security factors in the processing of personal data using various technologies has become increasingly critical. While electronic systems have enhanced data security, it is undeniable that the risk of data theft by irresponsible parties still exists. Therefore, regulations or laws are necessary to provide protection for personal data.

DIVERSION AS THE CASE RESOLUTION FOR CHILDREN IN CONFLICT WITH THE LAW WITHIN THE PERSPECTIVE OF LEGAL PSYCHOLOGY

Chamdani — 2024-05-31

Children have an important role in life, so children's problems are initially personal problems, namely the relationship between parents and their children. Children in conflict with the law are children who are in conflict with the law, children who are victims of criminal acts, and children who are witnesses to criminal acts. ABH must be viewed comprehensively, both sociologically, psychologically and formally juridically. If done carefully, we will achieve comprehensive protection of children's rights and human rights. The method used in this research is normative research with a statutory and psychological approach in analyzing the data. The existence of a child rights convention which contains international regulations which have been adapted into national law in the form of a law is often frightening when viewed from the perspective of "protecting behind the law". Diversion is mandatory at every level in Article 7 that at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be attempted.

PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE

Ivida Dewi Amrih Suci — 2024-05-31

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).

THE EFFECTS OF MIXED MARRIAGE LAWS ON THE DIVISION OF PROPERTY UNDER THE MARRIAGE LAW AND INTERNATIONAL CIVIL PRINCIPLES

Octaviana Sidabutar — 2024-05-31

Blended marriage alludes to a marriage connection between people of various identities. This outcomes in legitimate ramifications in regards to the division of joint resources. This exploration expects to investigate comprehension of blended relationships as per Regulation Number 1 of 1974 concerning Marriage and according to the viewpoint of global confidential regulation, as well as the lawful results of partitioning joint resources in blended relationships. By utilizing optional legitimate sources, this exploration utilizes a Standardizing Juridical examination technique, in particular by checking out at speculations, legal guidelines and case regulation. As per Marriage Regulation Number 1 of 1974, blended relationships happen on the off chance that one accomplice is an Indonesian resident and the other isn't. This happens when two individuals whose regulations are not quite the same as Indonesian regulation wed in Indonesia. With regards to the authorization of the Marriage Regulation, there are two sorts of conjugal resources, in particular acquired resources (individual resources) and joint resources. All in all, blended relationships are managed in Regulation Number 1974 concerning Marriage and in Global Confidential Regulation applying the standard of lex loci festivities, which expresses that the law that applies to the marriage is the law where the marriage happens, and the division of joint property is directed as per law of each party.

ANALYSIS OF LEGAL PROTECTION FOR CONSUMER LOSSES DUE TO BUSINESS PERFORMER'S BREACH OF CONCERT ORGANIZER

Fenny Natalia — 2024-05-31

Currently, the music industry has become one of the most popular forms of entertainment among various segments of society. In this context, music concerts have become a significant source of revenue for promoters. However, it is not uncommon for promoters to neglect their responsibilities as business operators, resulting in losses for consumers who have purchased concert tickets. This research aims to examine the legal protection available to consumers who suffer losses due to the breach of contract by concert organizers. The research method used is a normative legal approach, analyzing legal issues through relevant legislation. The legal materials for this research are derived from primary and secondary legal sources, including legislation and related research findings on the subject matter. The research results indicate that consumer protection in Indonesia remains a serious concern, as business operators frequently fail to fulfill their obligations and violate consumer protection laws, leading to consumer losses. This study concludes the protection available to consumers seeking legal remedies for their losses, including claims for compensation in accordance with Law Number 8 of 1999 Concerning Consumer Protection.

LEGAL PROTECTION AGAINST HOLDERS OF REGISTERED BRAND "PUMA AND CAT JUMPING" FOR SIMILARITY TO FAMOUS BRANDS

Sabrina Dewi Putri Wibowo — 2024-05-31

This research focuses on two important aspects: The research will delve deeply into laws related to well-known brands in Indonesia and the research will analyze specific cases that have been decided by the courts, such as case Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst.Well-known brands are usually highly valued because they spend money on advertising and promotion, and become more popular around the world. In addition, it obtains legal protection through trademark registration in different countries, which gives them exclusive rights to their trademarks and allows others to use them illegally. The Trademark Law in Indonesia provides special protection for well-known brands. However, trademark infringement still occurs in Indonesia. Normative juridical research, with legislation and case approaches on legal protection of well-known brands in Indonesia. Result: The Trademark Law provides a clear framework for the legal protection of well-known trademarks in Indonesia, both preventively and restrictively, in particular Article 21, Article 83 and Explanation of Article 76 paragraph (2). In decision Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst, the Commercial Court considered evidence showing that the Defendant deliberately took advantage of the reputation of the "PUMA and Jumping Cat" brand without permission or license. The Commercial Court decided to cancel the registration of the Defendant's trademark "PUMA and Jumping Cats" because the action infringed the Plaintiff's trademark rights. This decision was made to protect the Claimant from its legitimate trademark rights.

JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST

Singgih Sopian — 2024-05-31

Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's consideration of not accepting the bankruptcy application and the legal consequences for the debtor for the delay in debt payment obligations. This research uses a normative legal approach method or library legal research which is carried out by researching literature materials. Data sources consist of secondary data including primary, secondary and tertiary legal materials. The conclusion is that PT. Amanda Gumulung Sejahtera has met the bankruptcy requirements, namely having more than one creditor and the existence of duet and collectible debts that have been regulated in Law Number 37 of 2004 concerning the Postponement of Debt Payment Obligations.

LEGAL EFFECTS ON CONTROL OF RIGHTS TO LAND OF THE FORMER EIGENDOM VERPONDING STATE IN DISPUTES BETWEEN HEIRS THE MULLER FAMILY WITH CITIZENS OF DAGO ELOS BANDUNG

Anggraeni Asnanda — 2024-05-31

Indonesia's Basic Agrarian Law (UUPA) sets out the requirements for the conversion of verponding eigendom land, regulating the rights of Westerners to be included in the applicable land law system. Based on the UUPA, land rights must be converted until September 24 1980. However, there are still frequent claims of land ownership resulting from eigendom disputes that have not been legally resolved, which causes land disputes. Case of verponding eigendom land dispute between the heirs of the Muller Family, PT. Dago Inti Graha versus Dago Elos residents is a clear example of the complexity that can occur in land ownership issues. Since it started in 2016, this dispute has been decided four times, one of which was at the PK level with Case Register Number 109 PK/Pdt/2022. Normative juridical and analytical descriptive approaches, in legal studies and relevant legal cases are analyzed. Result: According to the provisions of UUPA and its implementing regulations, as well as Government Regulation no. 24 of 1997, if there is no land eigendom verponding convention, the land then becomes state property. Through the trial, the Panel of Judges considered that the heirs of the Muller Family had succeeded in proving that they were the legal holders of land rights, compared to the claims of Dago Elos Residents who did not have proof of ownership and that the Muller Family heirs had more complete and valid supporting documents than the Residents. Dago Elos. Based on these considerations, the judge decided that the heirs of the Muller family had stronger and more legal rights to the disputed land than the Dago Elos residents. Therefore, the legal consequences for control of disputed land are that the heirs of the Muller family have the right to register the land and obtain legal recognition of ownership of the disputed land.

BALANCE BETWEEN THE ECONOMY AND THE ENVIRONMENT

Embang Herlambang — 2024-05-31

Economy and environment are variables contained in the principles of sustainable development which underlie legal regulations related to the environment in various countries in the world. Nevertheless, there is still environmental pollution and damage that occurs, such as air pollution caused by industrial activities from fertilizer factories that produce ammonia-based fertilizer which pollutes the air in residential areas around the factory, which shows an imbalance between the economy and the environment. On the one hand, this economic activity is an effort aimed at creating community welfare, but on the other hand, this activity causes disruption to the community in obtaining a good living environment. The results of this research show that ammonia gas is a compound produced from the fertilizer industry process which is toxic and pollutes the environment. Ammonia is a poisonous gas, colorless and has a distinctive odor which can cause problems with human health and even death. However, the ammonia gas that spreads to residential areas around the factory is caused by wind blowing towards the settlement and this is not dangerous, because the wind blows the levels of ammonia gas to decrease. However, the presence of an ammonia-based fertilizer factory does not necessarily mean that society is free from the threat of this gas, because there have been several incidents of ammonia gas leaks in various parts of the world which have caused material losses and claimed many lives.

PROTECTION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS

Mohd. Yusuf DM — 2024-05-31

The crime of genocide is often associated with crimes against humanity but when viewed in depth the crime of genocide is different from crimes against humanity, where the crime of genocide is aimed at groups such as nations, races, ethnicities or religions while crimes against humanity are aimed at citizens and civilians. The demand for the resolution of cases of human rights violations has prompted the birth of Law Number 39 of 1999 concerning Human Rights which was later followed by Law Number 26 of 2000 concerning the Human Rights Court which is intended to answer various problems of human rights violations, especially gross human rights violations. Article 7 of the Human Rights Court Law states that the crime of genocide is a crime that violates gross human rights because it is committed by killing, causing severe suffering, extermination, coercion by groups and even the forcible transfer of children from one group to another. Thus the human rights court law expressly provides threats to the perpetrators. The method used is normative legal research. Based on the results of the research, it is known that the Crime of Genocide and its Implications in Law Number 39 of 1999 concerning Human Rights that the crime of genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law No. 39/1999 on Human Rights has not specifically and in detail regulated the crime of genocide and the elements of the crime. This has led to a lack of a strong and comprehensive legal framework to prosecute perpetrators of genocide, as well as provide justice and legal certainty for victims.

LEGAL PROTECTION OF THE RIGHTS OF WOMEN WORKERS

Depi Susanti — 2024-05-31

Female workers are part of the workforce who carry out work, either for themselves or working in an employment relationship or under orders from employers or other legal entities. The reasons why women enter the world of work include the increasing need and the desire to qualify themselves with the abilities they have. The problem is how the legal protection for the rights of female workers is seen from Law Number 6 of 2023 concerning Job Creation and what are the obstacles in providing legal protection for female workers. Qualitative Research Method using the Normative Juridical approach method. The results of the research are that protection for women in the Job Creation Law is not specifically detailed, but in general the Job Creation Law mentions worker protection without discrimination as stated in Article 153 which was amended from Article 153 of the Manpower Law, in relation to protection of female workers at PT. Indo Marco Logistic includes 1) Protection of Female Workers regarding Menstrual Leave 2) Protection of the Right to Pregnancy and Childbirth Leave 3) Protection of the Right to Breastfeed 4) Protection of Female Workers Overtime and Barriers in Providing Legal Protection to Female Workers including 1) salary inequality between male and female workers who have the same responsibilities and qualifications. The work performed is similar, but the wages received by female workers are lower than their male counterparts. This is a violation of basic rights that must be corrected immediately. 2) Female workers often face discrimination during pregnancy. They are given the same workload without considering their physical and emotional condition. Maternity and paternity leave policies that should provide adequate rest are often ignored. 3) Companies employ female workers late at night without paying attention to health and safety risks. Female workers who are pregnant or have just given birth are prohibited from working from 23.00 to 07.00, but this rule is often ignored.

CONSIDERATION OF JUDGES IN DECIDING CASES OF DOMESTIC VIOLENCE CRIMES COMMITTED BY HUSBANDS TO WIVES COMMITTED BY HUSBAND TO WIFE

Mahendra Agnur Saputra — 2024-05-31

The purpose of this study is to examine the law enforcement and judges' consideration of the perpetrators of the crime of Domestic Violence committed by husband to wife in decision No. 233/Pid.Sus /2023/PN Ktg. This type of research uses descriptive qualitative with a normative juridical approach. Data collection using literature study. This research uses qualitative analysis with an interactive model. The results showed that law enforcement against perpetrators of domestic violence crimes that the defendant was sentenced to imprisonment for 4 (four) years. The judge's consideration in imposing a sentence on the crime of domestic violence was the beating committed by a husband to his wife in Decision No. 233/Pid.Sus/2023/PN Ktg is based on the testimony of witnesses, evidence and the testimony of the defendant, where the proof is sufficient if it is based on at least 2 (two) pieces of evidence plus the judge's belief.

SETTLEMENT OF PAST GROSS VIOLATIONS OF HUMAN RIGHTS BY THE JOKOWI GOVERNMENT

Husni Thamrin — 2024-05-31

The pendulum of resolving the past gross human rights violations has begun to move a little forward in the second term of President Jokowi's administration. It took 8 years for President Jokowi to start solving the past gross human rights violations. Even though this is a program that he launched when he was elected for the first time in 2014.

This research is aimed at exploring the policies of the Jokowi government in resolving the past gross human rights violations from the beginning to the present, including finding at the advantages and disadvantages. The research method used a qualitative, descriptive approach by examining emerging policies and viewing and analyzing a series of regulations related to their relationship with the implementation of policies in the field.

From this research obtained the wall of impunity is still role to intervene a process, lack of understanding and half-hearted management to resolve the past gross human rights violations gripped the government's steps. Not to mention the existence of sabotage and stowaways to resolve the gross violations of human rights, whether they were aware of it or not within the palace.

The President Jokowi's series of policies in resolving past gross human rights violations by issuing Presidential Decree Number 17 of 2022, Presidential Instruction of the Republic of Indonesia Number 2 of 2023 discusses the Implementation of Recommendations for Settlement of Rights Violations Serious Human Rights and Presidential Decree Number 4 of 2023 passed various existing regulations to resolve the past gross human rights violations.

LEGAL PROTECTION FOR SOCIAL SECURITY ADMINISTERING BODY HEALTH PARTICIPANTS

Muhamad Irayadi — 2024-05-31

In order to legally protect the rights of patients participating in the Social Security Administering Body (BPJS) of Health in obtaining health services, the government issued Law Number 24 of 2011, which stipulates that two state-owned enterprises, namely PT Askes (Persero) and PT Jamsostek (Persero) were transformed into public service agencies to implement five programs mandated by Law Number 40 of 2004, namely the health insurance program for BPJS Health and other programs are handed over to BPJS Employment. This study aims to analyze how to protect BPJS Health participants. This study uses a normative legal research method with field data as a complement. The results of the study Legal protection for BPJS Health participants who are hospitalized in hospitals from the regulatory aspect have protected their rights both as consumers of services, as hospital patients and as BPJS Health participants. The method of resolving BPJS Health service disputes through mediation reflects the importance of a consensual approach to dispute resolution. Mediation is chosen for several theoretical reasons, such as the dominance of a culture that prioritizes harmony and togetherness, and the balance of power between the disputing parties.