Reconstruction of the Government's Role in a Dignity Justice-based Collegium

Adult age regulations for Indonesian residents are currently not based on dignity justice. This is because of the positive law that applies in Indonesia, where majority age is generally 18 years old. However, the provisions related to the age of adulthood or the age limit of children in Indonesia are regulated differently in laws and regulations. For this reason, it is necessary to reconstruct the adult age regulation for the Indonesian population. The formulation of the problem in this paper is: Why is the regulation of the age of adulthood for the Indonesian population currently not based on dignity justice? What are the weaknesses of the adult age regulation for the Indonesian population at this time? How reconstruction of adult age regulations for the Indonesian population based on dignity justice? Conclusion :1. Adult age regulations for the Indonesian population at this time are not based on dignity justice. 2. Weaknesses of adult age regulations for the Indonesian population at this time from the legal substance, namely, the regulation of adult age for the Indonesian population is still not uniform. The weakness of the legal structure is that there is still limited knowledge and understanding among law enforcement officials in health law. The weakness of the regulation of the adult age for the population in Indonesia at this time from the legal culture is that the legal culture in Indonesia today is still thick with the culture of “ewuh pekewuh”, the culture of maintaining people’s feelings so that they do not dare to voice the truth even though injustice occurs in front of our eyes. 3. Reconstruction of the value of justice of adult regulation for the Indonesian population based on dignity justice is to provide balanced legal protection to the entire community. The reconstruction of the legal norms of Article 150 of Law Number 1 of 2023 concerning the Criminal Code can result in adult age regulations for the Indonesian population in terms of legal benefits, legal certainty, and justice for society.

The research objective is to create a model for regulation of construction obligations as a form of legal protection against Indonesian capital market investors based on dignity justice which is a new strategy for strengthening the role of government in the regulation of the obligation yield. The resulting model in this study in particular has a purpose as an offer or alternative solutions both a legislative function in the realm of the executive and Parliament to produce a obligation regulation. The method that will be used through the stages include: mapping existing condition of construction which has been used, the mapping of potential executives (leading sector) and the Council, evaluating regulations that have been produced so far, identify and evaluate the constraints faced in stage construction policy , identify opportunities and strategies and formulate a model of construction that can be developed, p enekanan in order construction regulations do executive and Parliament in order to generate regulatory-based justice and legal certainty

The occurrence of taxpayers implementing arrangements without commercial purpose to avoid tax laws and reduce their taxation, id est tax avoidance, is counteracted in most legal systems with different methods. Most jurisdictions have implemented not only Specific Anti-Avoidance Rules (SAARs), but also General Anti Avoidance Rules (GAARs) to counteract tax avoidance. The topic of this thesis is GAARs and the conflict between their application and taxpayers’ legal certainty. In the light of this conflict, the thesis examines GAARs in three different legal systems on three continents. Sweden, United States and China all apply a common method to counteract tax avoidance: statutory or judicially developed GAARs. This thesis investigates these three GAARs and examines their purpose, design, legal frameworks and application in the light of legal culture and legal certainty by examining each country's government, political governance, legal system and tax law interpretation. The thesis further analyzes how each GAAR in the light of legal culture affects taxpayers’ legal certainty. To achieve this purpose the thesis explores the significance of legal certainty in the countries, what impact GAARs have for taxpayers’ legal certainty, and how legal culture impacts on legal certainty in the application of GAARs. The study shows that the GAARs applied in Sweden, United States and China are very similar in terms of design, purpose and the criteria for application, as well as with regard to the fact that their effectiveness is conflicting with taxpayers’ legal certainty. Despite the fact that the three countries' GAARs are similar, there are however significant differences between their consequences for taxpayers’ legal certainty. The conclusions are that the importance given to taxpayers’ legal certainty vary between the countries, and in the context of GAAR application, there are conflicting interests that may limit taxpayers’ legal certainty. The differences are largely attributable to the legal cultures of Sweden, the United States and China, and the political ideologies dominating each country respectively have proven to have a major impact on the significance given to taxpayers’ legal certainty. (Less)

MK Decision No. 35 / PUU-X / 2012 concerning testing Law No. 41 of 1999 concerning Forestry, brought a breath of fresh air to indigenous and tribal peoples, in which in its decision the Constitutional Court has emphasized the existence of customary forests as private forests and is no longer part of state forests as well as serious recognition of the existence of indigenous and tribal peoples. Where in the Constitutional Court's decision No. 35 / PUU-X / 2012 regarding the review of Law Number 41 of 1999 concerning Forestry, the judge tried to provide an ideal decision based on the legal objectives and has been reflected in the ruling elements of justice (Gerechtigkeit), legal certainty (Rechtssicherheit) and expediency (Zweckmassigkeit). These three elements can be found when not only in the Constitutional Court's decision, but in an interrelated legal system. Which, the legal system does not only refer to the rules (codes of rules) and regulations (regulations), but includes a broad field, including the structure, institutions and processes (procedures) that fill it and related to the law that lives in society (living law ) and legal culture (legal structure). As the theory put forward by Laurence M. Friedman that the elements of the legal system consist of legal structure, legal substance and legal culture. Researchers hope that in the future indigenous and tribal peoples can be more affirmed their rights regarding their forest land rights, and regional governments are more responsive to the needs of indigenous and tribal peoples.

Today there are 2 (two) threats faced by the Indonesian people, namely 1) the decline in living out of the values of Pancasila in the life of the nation and state, and 2) the existence of radicalism that leads to violence and terrorism. This study wants to explain how the role of the government as state organizer in anticipating threats as an effort to build the nation's character. Data sources from literature study, relevant current news and interviews with several experts. Data analysis was performed interactively and presented qualitatively descriptive. The study's findings show that the role of government in building the nation's character is carried out through various activities and instruments that accompany it. Pancasila ideology guidance has been provided, for example with the PPKn lessons and the establishment of the Pancasila Odeology Development Board (BPIP). Efforts to prevent acts of radicalism and terrorism are through preventive and repressive activities and de-radicalization programs developed in order to minimize the development of radical attitudes and understandings through the establishment of the National Counterterrorism Agency (BNPT).

Abstract. Today there are 2 (two) threats faced by the Indonesian people, namely 1) the decline in living out of the values of Pancasila in the life of the nation and state, and 2) the existence of radicalism that leads to violence and terrorism. This study wants to explain how the role of the government as state organizer in anticipating threats as an effort to build the nation's character. Data sources from literature study, relevant current news and interviews with several experts. Data analysis was performed interactively and presented qualitatively descriptive. The study's findings show that the role of government in building the nation's character is carried out through various activities and instruments that accompany it. Pancasila ideology guidance has been provided, for example with the PPKn lessons and the establishment of the Pancasila Odeology Development Board (BPIP). Efforts to prevent acts of radicalism and terrorism are through preventive and repressive activities and de-radicalization programs developed in order to minimize the development of radical attitudes and understandings through the establishment of the National Counterterrorism Agency (BNPT). Keyword: National Character, Radicalism Terorism , Deradicalization

Community empowerment seeks to improve the quality of human resources, especially in shaping and changing people's behavior to achieve a better life and a higher quality of life. One strategy that must be carried out is by applying the principles of good governance. This research uses descriptive qualitative research methods. This paper aims to indicate that the role of the rural government is (a) to receiving aspirations, (b) the rural government provides solutions by exchanging ideas, (c) Government efforts to prevent the community in terms of fear by providing legal certainty assistance and encouragement to the community by actualization and appreciation for the community. Community participation, namely (a) community participation is carried out through a needs analysis activity in the form of discussion or outreach, (b) Alternative stages of government programs such as Mataram village, Citizenship Scholarship, health card and waste management (c) Stage of program implementation, has been realized, (d) the evacuation stage, the results of the interview did not show any evaluation activities on non-physical development in Panggungharjo Village. Non-physical Village Development includes (a) the economic sector, the development of waste management and the mataram village (b) the education sector, the scholarship program for the poor, (c) the health sector, providing health cards so that the community has easy access to health. Factors Affecting the Role of the Village Government in Increasing Community Participation in Non-Physical Development of the Panggungharjo Village include (a) Leadership Factors, evidenced by the community experiencing changes, (b) Communication factors, with socialization activities. Conclusion: the role of the rural government has become a communication tool, dispute resolution, role as therapy. Community participation, such as in the economic sector, named as realization of the Mataram village program, and waste management, education, scholarships, and health cards. Suggestion: for the rural government The results of this study provide input for the village government how the role of the village government in realizing Village development, which needs to be done by the village government in realizing non-physical Village development is to conduct a periodic evaluation form on each program.

Batam City, as a rapidly growing industrial center, faces major challenges in allocating agricultural land for farmers who need legal certainty over the land they manage. The background of the problem in this study is the conflict of interest between industrial development and the need for agricultural land protection, which often sacrifices farmers' rights and causes legal uncertainty. The purpose of this study is to analyze the role of the government in allocating land for farmers in Batam City and to provide policy recommendations that can increase legal certainty over agricultural land. The research method used is a normative and empirical juridical approach, which includes an analysis of relevant laws and regulations such as Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land, and Law Number 19 of 2013 concerning the Protection and Empowerment of Farmers. Primary data was collected through interviews with farmers, government officials, and other stakeholders, while secondary data was obtained from legal literature, policy documents, and previous case studies.The results of the study show that the implementation of land allocation for farmers in Batam City has not been optimal. Farmers often do not get adequate legal certainty because the allocated land can be revoked at any time by the government for the benefit of industrial development. The main obstacles identified include conflicts of interest between economic development and agricultural land protection, lack of legal certainty, weak coordination and oversight, development and urbanization pressures, and lack of supporting infrastructure. As a suggestion, this study recommends that the Batam City Government develop a balanced and inclusive spatial planning policy, accelerate the land certification process for farmers, improve coordination between institutions, and invest in agricultural infrastructure development. In addition, farmers are expected to strengthen their organizations to advocate for their rights, while the people of Batam City need to actively participate in the process of land use planning and monitoring to ensure sustainable and equitable development.

Introduction: The problem of corruption is not new in a country. So that the application of the ultimum remedium principle in corruption crimes provides a deterrent effect for the perpetrators to recover assets from state losses. The ultimum remedium principle places criminal law as a last resort in realizing legal justice, legal certainty, and legal benefits.Purposes of the Research: This study aims to determine the principle of criminal law as a last resort (Ultimate Remedium) as an Effort in the Eradication of Corruption and how effective the ultimum remedium principle is in eradicating corruption.Methods of the Research: The research method used is normative research. Normative or doctrinal legal research is a legal research that puts the law as a building system of norms. The technique of data collection is done by literature study.Results of the Research: The study results show that the ultimum remedium principle is very effective if the punishment given to the perpetrators of corruption is in the form of hefty penalties to provide a deterrent effect and provide an example for the community not to do so. This study concludes that the ultimum remedium principle is the last step in achieving legal justice, legal certainty, and legal benefits. So that an integral criminal justice system is carried out with a systemic approach with related policy arrangements in the field of structuring legal substance, legal structures or institutions, and legal culture.

Abstract: This study examines the legal culture of Indonesian society in implementing the first to file principle within the country's trademark law system. In the context of intellectual property law, the first to file principle grants exclusive rights over a trademark to the first party who officially registers it with the Directorate General of Intellectual Property. However, the implementation of this principle often faces challenges due to the low level of legal awareness among the public regarding the importance of trademark registration. This research aims to analyze the factors that contribute to the weak culture of trademark registration and to evaluate the government's role in building legal awareness in society. This research employs a normative legal method with statutory and conceptual approaches, supported by secondary data including literature, regulations, and policy reports related to trademark protection. The findings indicate that the underdeveloped legal culture, limited access to legal information, and lack of legal education are the main factors hindering the effective implementation of the first to file principle. Although the government has made efforts through public outreach programs, simplified procedures via the e-filing system, and registration incentives, these policies have not yet achieved their intended impact. A more comprehensive and sustainable approach is needed to build a stronger legal culture, including intensified legal education, decentralized access to legal services, and strengthened law enforcement mechanisms. Without a robust legal culture, the first to file principle in Indonesia’s trademark system cannot fully ensure legal certainty and fairness for all stakeholders.Keywords: Legal Culture, Trademark, First To File, Legal Awareness, Legal Protection.

Occasionally, technological advancements and the growth of human civilization are accompanied by an increase in human requirements. This has a negative effect because it will increase the likelihood of criminal activity. Theft with violence is a type of crime that has recently occurred in every region and has been extensively discussed, as it severely disrupts security and public order. Consequently, the purpose of this study was to investigate the enforcement of criminal law against the offense of larceny with violence. Using a normative juridical approach with a statutory approach and a case approach, secondary data with additional primary, secondary, and tertiary legal materials were analyzed qualitatively in this study. In light of these findings, Chapter XXII of the Criminal Act of Theft is governed by Articles 363, 363, and 365 of the Criminal Code (KUHP). This indicates that law enforcement officials must refer to these articles when imposing violent punishments on thieves. Violent crime Criminal law enforcement is an effort to translate concepts of criminal law justice into legal certainty and social benefits in every legal relationship. There are three factors that must always be considered in law enforcement: 1) legal certainty (Gerechtigkeit), 2) justice, and 3) effectiveness. Legal structure, legal substance, legal culture, and legal remedies (preventive and punitive measures) comprise the efforts to uphold the law in instances of theft crimes involving violence.

The existence of legal protection for victims of criminal acts of terrorism is the greatest desiderata for the victims, however, is not the case with the existing reality. Things are interesting to study, regarding legal protection for victims of criminal acts of terrorism in Indonesian positive criminal law and the factors inhibiting the provision of legal protection. The method used is normative. The results indicate that there are three legislations were oriented towards victims of criminal acts of terrorism, however, in reality does not match the expectations of victims where there are still weaknesses, both in the aspect of legal substance component, legal structure, and legal culture. In response, the strengthening of legal substance, structure and culture needs to be done. Keywords: Protection, victims of terrorism, reality, desiderata

The purpose of this study is to analyze and describe the responsibility of insurance parties for ship accidents at sea that provide legal certainty and justice; and to analyze and describe the legal protection and legal certainty provided by the insurance against ships2 that have accidents at sea. The type of research used is normative juridical Doctrinal legal research which is conceptualized as statutory rules, and doctrinal legal research which is conceptualized based on judges' decisions. Because normative legal research examines literature and library materials, there are also those who classify normative legal research as literature research. Insurance liability for ship accidents at sea is very important to provide legal certainty and justice for all parties involved. This requires legal certainty so that all parties know their respective rights and obligations, and justice to ensure that all parties get fair treatment according to the losses they have suffered. To protect the rights and interests of each party, the insurance provides legal protection and legal certainty for ships that have accidents at sea. With legal protection and certainty, the problems of the parties involved in ship accidents will be easier to resolve fairly

Tujuan penelitian menganalisis kepastian hukum melalui pengolahan data fisik dan data yuridis dalam pembukuan hak dalam efektifitas penanganan sengketa terhadap sertipikat hak milik atas tanah di pengadilan tata usaha negara makassar serta mengimplementasikan secara konkrit dan akuntabel kepastian pengadministrasian serta penyajian informasi pendaftaran hak atas tanah secara efektif dan efisien. Penelitian ini menggunakan metode penelitian empiris. Hasil penelitian menunjukkan Bahwa Penanganan sengketa Tata Usaha Negara pada Pengadilan Tata Usaha Negara Makassar terhadap sertipikat hak milik atas tanah yang menjadi objek sengketa tata usaha negara sudah berlangsung secara efektif, hal ini tercermin dalam putusan Pengadilan Tata Usaha Negara Makassar dalam Perkara No. 51/G.TUN/2012/P.TUN.Mks, Pertimbangan hukum majelis hakim belum mencerminkan secara tepat dan benar serta melakukan putusan dan pertimbangan hukum dengan mengsinergikan faktor subtansi hukum, stuktur hukum dan budaya hukum sehingga mencerminkan kepastian hukum dan keadilan. The research objective is to analyze the legal certainty through the processing of physical data and juridical data in the bookkeeping of rights in the effectiveness of handling disputes over land ownership certificates at the Makassar State Administrative Court and to implement concretely and accountably administrative certainty and present information on land registration rights effectively and efficiently. This study uses empirical research methods. The results of the study show that the handling of State Administrative disputes at the Makassar State Administrative Court against certificates of land ownership rights which are the object of state administrative disputes has taken place effectively, this is reflected in the decision of the Makassar State Administrative Court in Case No. 51/G.TUN/2012/P.TUN.Mks, the legal considerations of the panel of judges have not properly and correctly reflected and made decisions and legal considerations by synergizing factors of legal substance, legal structure and legal culture so as to reflect legal certainty and justice.


 
 Dispute resolution institutions can be used both for litigation and non-litigation dispute resolution. One of the dispute resolution institutions is the Consumer Dispute Settlement Agency (BPSK), which is regulated in Law Number 8 of 1999 concerning Consumer Protection. The UUPK and BPSK procedural law spell out the responsibilities and authorities of the BPSK. Currently, there are no restrictions on the types of consumer disputes that can be handled by BPSK with business actors and consumers. Regarding the authority of the BPSK in solving problems, especially in the field of Islamic finance, it is often the subject of discussion considering that each institution has different juridical foundations. The research method used is qualitative research using a juridical-normative approach. In Dispute Resolution at BPSK, the parties must first reach an agreement in the form of a contract before proceeding with dispute resolution through BPSK, which is basically a voluntary choice between the parties. BPSK cannot be used to resolve disputes if one party disagrees. Although envisioned as a weapon for consumers seeking justice, implementation remains challenging. This is because legal arrangements do not conform to assumptions, in particular answering buyer inquiries online quickly, effectively and efficiently. Apart from that, the UUPK articles are inconsistent, only contradictions between articles and horizontal conflicts with other statutory products. Legal certainty in dispute resolution requires gradual improvement of three components in the Consumer Dispute Settlement Agency: legal structure, legal substance, and legal culture.
 Keywords: Sharia Pawnshop Disputes, Consumer Dispute Settlement Agency (BPSK), Consumer Protection Act