The Price of Corruption on State Losses Policy

The dissolution of a marriage results in legal consequences, one of which is the division of joint assets in the marriage. Property law in marriage is regulated in Articles 35 to 37 of the Marriage Law Number 1 of 1974. The Marriage Law allows both prospective husband and wife to make a marriage agreement to separate property. The marriage agreement that is made causes the agreement to become valid as law for both parties who make it. Regarding this problem, the author is interested in researching how legal certainty is regarding marriage agreements made before marriage in relation to joint property and what the legal consequences are for marriage agreements that are not in accordance with the marriage agreement when a divorce occurs. The theories used are the theory of legal certainty from Gustav Radbruch and the theory of agreement from Subekti. The method used in this research is a type of normative juridical research, namely legal library research or secondary data with primary, secondary and tertiary sources of legal materials. The research approaches used are the statutory approach, conceptual approach, analytical approach, case approach, historical approach and legal material collection techniques carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal material. The analysis technique for legal materials is carried out using legal interpretation (interpretation), namely, historical interpretation, systematic interpretation, teleological interpretation and legal construction methods. From the research results, it can be concluded that the marriage agreement made still has legal certainty because it does not violate the law and the marriage agreement is included in the law for both parties in accordance with Article 1338 of the Civil Code. The legal consequences of marriage regarding joint property in the event of a marriage agreement are regulated in Article 37 of the Marriage Law, the distribution of which is according to the agreement made.

This paper aims to discuss the legal issue of the application of peace fines in an effort to deal with petty corruption. This issue was born out of the issuance of Circular Letter of the Deputy Special Crimes Prosecutor Number: B-113/F/Fd. 1/05/2010 on Prioritization of Achievements in Handling Corruption Cases, which instructs agencies to prioritize corruption crimes with large losses and to discontinue corruption cases with small amounts, only by returning losses. Petty Corruption is a corrupt practice that refers to a relatively small amount of money and is carried out in the bureaucratic process of small public officials. So that if petty corruption is subject to the applicable positive law, it will cause injustice. This paper aims to provide a concept analysis of the application of peaceful fines in handling petty corruption that prioritizes restorative justice, guarantees justice, benefits and legal certainty and fulfills the principle of proportionality. The legal research conducted is normative juridical research with a conceptual approach and a statutory approach. The result of this research is that the mechanism of peaceful fines in handling petty corruption is a solution to the problems that arise. The application of peaceful fines to the handling of petty corruption provides a new breakthrough in law enforcement in the crime of corruption. With the application of peaceful fines, the sanctions given are in accordance with the principle of proportionality so that justice, benefit and legal certainty are fully fulfilled and prioritize restorative justice.

Nominee agreements in buying and selling freehold land are prohibited according to applicable law. The phenomenon that occurs in society is that nominee agreements are still used by foreign citizens in buying and selling land. The formulation of the problem in this research is the legal consequences of a deed of agreement to borrow a name in the sale and purchase of land by a foreign citizen and what is the legal certainty of the deed of agreement regarding the borrowing of a name (nominee) by a foreign citizen (WNA) in the sale and purchase of land according to the Basic Agrarian Law. The legal theory used in this research is the theory of legal certainty by Jan Michiel Otto, the theory of legal consequences according to Soeroso. The method used in this research is a type of normative juridical research, namely legal library research or secondary and tertiary sources of legal materials. The research approaches used are the statutory approach, conceptual approach, case approach and analytical approach, and legal material collection techniques are carried out by identifying ang inventorying positive legal rules, book literature, journals and order sources of legal material. The analysis out using legal interpretation, including Grammatical Interpretation and Historical Interpretation ang analogy legal construction methods. From the results results can be obtained that the the legal implication on the nominee agreement to the land agreement by WNA are null and void because it does not meet the requirements to the Article 1320 Number 4 of the KUH Perdata and conflicted with the principle of Nationalism as emphasized in Article 26 Paragraph (2) UUPA so that parties related to the land agreement based on a nominee agreement shall be subject to civil liability. The legal certainty about the nominee agreement by the WNA to the land agreement based on the UUPA is carried out in a preventive manner by establishing statutory regulations that prohibit nominee agreements in relation to land rights so as to protect foreign nationals from possible losses and fraud that could threaten the security of foreign investment in Indonesia

Objective: This research aims to examine the legal regulations of hate speech crimes in the ITE Law and the Indonesian Criminal Code (KUHP), and further explore the resolution of hate speech conflicts. Theoretical Framework: The theoretical foundations include Legal Certainty theory, Law Enforcement theory, and Legal Convergence theory concerning hate speech conflict resolution following the principle of legal certainty. Method: This study employs a qualitative normative approach (doctrinal) utilizing various legal instruments and indirect observation through conceptual, historical, legal, comparative, and case study approaches. Data collection involves literature review and field research through interviews. The data are analyzed qualitatively, generating descriptive data to reveal legal issues. Findings and Conclusion: The main findings indicate that Article 28 paragraph (2) of the ITE Law still leads to multiple interpretations. The absence of the term "incitement" allows subjective interpretation and constitutes a very broad formulation. A comparison of hate speech crimes in Article 28 Paragraph (2) Jo Article 45A Paragraph (2) of the ITE Law with Article 243 Paragraph (1) and Paragraph (2) of the new Indonesian Criminal Code shows significant differences in terms of elements of the crime, general criminal law principles, additional penalties, lower/proportional sanctions, public virtual domain, integrated codification, and expanded meanings. Originality/Value: This paper recommends urging the government to refine hate speech regulations to prevent multiple interpretations and emphasizes the need for guidelines in law enforcement application.

Introduction: Soil is not only a means of food production but also symbolizes social status. The Complete Systematic Land Registration Program (PTSL) is an effort to achieve legal certainty, although it still faces various obstacles such as lack of public awareness, land disputes, unclear village boundaries, and abuse of authority.Purposes of the Research: This research aims to study, analyze, and determine the legal certainty of complete systematic land registration (PTSL) as well as the legal strength of land rights certificates in the complete systematic land registration (PTSL) program.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results Main Findings of the Research: The research results show that although the PTSL program aims to provide legal certainty for land rights holders, in reality, many certificate holders still face various obstacles such as administrative inefficiencies, unclear land boundaries, abuse of authority, and overlapping ownership claims, which result in a lack of assurance and legal protection for land certificate holders. The land rights certificates issued through this program, which are supposed to be strong legal protection instruments, often become sources of uncertainty and problems because they can be disputed by other parties claiming rights to the same land, thereby rendering the land certificates legally weak.

Drug crimes pose a serious threat with detrimental effects on the global community, including Indonesia. Drugs are classified as extraordinary crimes that harm physical, mental, social, and economic health. Drug abusers are not criminals who should be imprisoned but individuals who need medical and social rehabilitation, as regulated in Law Number 35 of 2009 on Narcotics. However, the implementation of rehabilitation faces challenges, such as a lack of synchronization among law enforcement agencies and the low number of abusers receiving rehabilitation. This study uses normative juridical research methods with a statute approach, conceptual approach, and case approach. Secondary data were obtained from legal literature and relevant regulations. The results of the study show that the integrated assessment mechanism, involving both medical and legal evaluations, plays a crucial role in determining whether drug abusers are eligible for rehabilitation or imprisonment. However, various obstacles hinder its implementation, such as differing legal interpretations, sectoral egos among institutions, and inconsistencies in placing drug abusers in rehabilitation centers. Moreover, the criminal law policy that prioritizes rehabilitation as a solution requires reform to be more effective in preventing drug-related crimes. The study recommends improving coordination among law enforcement agencies and revising regulations to ensure rehabilitation is prioritized in handling drug abuse cases, aiming to create a more humane and effective justice system.

This article aims to analyze the application of Article 36 of Law Number 31 of 1999 concerning the Original of the deed as evidence in corruption criminal cases and the legal implications if investigators fail to obtain permission from the Honorary Council of Notaries to examine the Original of the deed. This study employs a normative juridical research method, using both the statute approach and the conceptual approach. The legal materials consist of primary legal sources, which include Article 66 of Law Number 2 of 2014 amending Law Number 30 of 2004 concerning the Position of Notary and Article 36 of Law Number 31 of 1999 on the Eradication of Corruption Crimes, as well as secondary legal sources, including relevant publications related to the issues raised in this study. These legal materials are analyzed using a perspective analysis, employing grammatical and systematic interpretation methods. The research findings indicate that, based on Article 36 of Law Number 31 of 1999 on the Eradication of Corruption Crimes, which regulates investigations and prosecutions of corruption offenses, there is no legal certainty in its application due to the involvement of the Indonesian Prosecutor's Office and the Honorary Council of Notaries or sectoral ego within each institution. The legal implication of failing to grant investigators permission to examine the Original of the deed of the Honorary Council of Notaries is that it prevents the achievement of perfect proof, as the Original of the deed holds a perfect evidentiary value in proving the alleged corruption crime.

The absorption of Islamic law into national law in Indonesia is the result of a compromise between sharia principles and the prevailing positive legal system. One form of this is Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), which regulates the legal aspects of marriage for Muslims. However, the implementation of these two regulations in various regions show variations, especially in determining the rights and obligations of husband and wife, including in terms of joint property. Cultural diversity and different legal interpretations often affect the application of this law, so an in-depth analysis is needed regarding the extent to which Islamic law has been absorbed into national law. This study aims to examine the implementation of Law No. 1 of 1974 and KHI in the context of Islamic marriage law, with a focus on the dynamics of the application of joint property. This study uses a qualitative method with a statute approach, a case approach, a comparative approach, and a conceptual approach. The results of the study show that although Islamic law has been accommodated in the national legal system, its application still faces challenges, especially related to differences in interpretation by judges and the community in judicial practice. In addition, social and cultural factors also influence the implementation of provisions regarding joint property in marriage. In conclusion, although Law No. 1 of 1974 and the KHI have adopted the principles of Islamic law, harmonization and uniformity of application are still challenges that need further attention to create better legal certainty.


 
 
 
 Al-qard wal ijarah is a financing product available at Islamic Banks with the aim of making it easier for people to perform the pilgrimage. Hajj bailout funds are basically in order to make it easier for people to perform the pilgrimage. Whereas Law Number 21 of 2008 concerning Sharia Banking, Article 1 paragraph (1) in this Law states that; Sharia Banking is everything that concerns Sharia Banks and Sharia Business Units, including institutions, business activities and procedures and processes in carrying out their business activities. In practice, there are problems when there is a default in the agreement. This research is to examine the arrangements for the implementation of the Qard Wal Ijarah Akad Agreement on Hajj Bailout Funds at Islamic Banks and examine the provisions of the Qard Wal Ijarah Akad Agreement on Hajj Bailout Funds at Islamic Banks in order to achieve legal certainty. This study uses an analytical knife, namely using the theory of legal certainty and the theory of agreements.
 The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is the statute approach, conceptual approach, analytical approach, case approach and legal material collection techniques by identifying and inventorying positive legal materials, literature books, journals and other sources of legal materials. For legal material analysis techniques, legal interpretation (interpretation) is systematic interpretation and legal construction methods by analogy, legal refinement construction (rechtsverfijning) and argumentum a contrario. The results of the researcher's analysis conclude that the arrangement in implementing the consequences of the agreement in the Qard Wal Ijarah contract for the financing of hajj bailout funds at Islamic banks raises problems when there is a default in the agreement. Defaults committed by parties causing losses to Islamic Banks. The absence of collateral in the ijarah contract agreement raises concerns about fraud in the Hajj bailout fund financing at Islamic banks. The provisions of the Qard Wal Ijarah Contract Agreement for Hajj Bailout Funds at Islamic Banks in order to achieve legal certainty is that there is a guarantee in financing that has several functions, namely increasing the level of trust of the owner of the funds to the user of the funds. In addition, the guarantee function can be a means of paying debts in the event of default by cashing in or selling the collateral. In this case, collateral in Islamic bank financing is a support or reinforcement for banks to provide financing for third parties. The researcher's suggestion is that for the government it is necessary to make specific regulations in terms of making an Ijarah agreement deed by including a guarantee clause as a deterrent and a solution in the event of a default. For financing distributors, putting more emphasis on implementing the customer's character, capacity (customer's ability in future business prospects), collateral (collateral) so as not to harm.
 
 
 

The aim of this research is to examine the legal certainty of deeds of sharing joint rights due to divorce related to blocked land title certificates. The type of research that will be used is normative. The research approach is carried out using the statutory approach, case approach, conceptual approach and analytical approach. Sources of legal materials used in normative legal research consist of primary, secondary and tertiary legal materials. Data analysis techniques by collecting legal materials and other sources of legal materials that are relevant to the legal issues being studied. Analysis of legal materials carried out in this research is legal interpretation (interpretation) and legal construction methods, namely grammatical interpretation, systematic interpretation. Legal certainty regarding the Deed of Sharing of Joint Rights regarding divorce is based on the Civil Code, the Marriage Law and legal regulations regarding land so that the process of transferring land rights can be carried out.

This study aims to analyze the dishonorable dismissal of state civil servants in corruption cases. This type of research is the type of research used is normative juridical research. The approach used is) in this study, namely the statutory approach (statute approach), case approach (case approach), and conceptual approach (conceptual approach). The results of this study are based on the original intent of the former of Law no. 43/1999, the Government's interpretation, and the interpretation of the legal norms of PTDH civil servants who committed criminal acts of office before the entry into force of the ASN Law, the enforcement of administrative sanctions does not have to be dishonorably dismissed as civil servants, but becomes the discretion of the PPK. PPK assesses and considers whether to be dishonorably discharged, honorably discharged not at his own request, or not dismissed with or without imposition of disciplinary punishment by taking into account the factors that encourage civil servants to do this and paying attention to the severity of the criminal sentence imposed. SKB 3 of the Minister is a policy regulation issued as an implementation guideline for PPK which regulates the honorable or dishonorable dismissal of civil servants who commit criminal acts of office crimes or crimes related to their positions based on court decisions that have permanent legal force. Second, the SKB 3 Ministers can be qualified as a legal juridical instrument (rechtmatig), unless it is enforced backwards (terugwerkend).

Attention is focused on revealing the content of the new service ideology of service centers of the Ministry of Internal Affairs and law enforcement agencies, aimed at ensuring the rights and freedoms of people and citizens, as well as the interests of legal entities during the provision of high-quality public services in the field of road safety. Based on the analysis of scholars’ scientific positions, the terms “administrative and legal instrument” and “interaction” were investigated. It has been proven that it is expedient to consider the administrative and legal tools of the interaction of the service centers of the Ministry of Internal Affairs with other law enforcement agencies through an understanding of the relevant legal forms and methods of operation of the Ministry of Internal Affairs service centers in cooperation with other law enforcement agencies in order to ensure the rights and freedoms of people and citizens in the field of ensuring road traffic safety through provision of public services. The content and main forms of interaction of the service centers of the Ministry of Internal Affairs with other law enforcement agencies regarding the provision of high-quality public services in the field of ensuring road traffic safety have been clarified. On the basis of the analysis of legislative acts and normative legal acts of the Ministry of Internal Affairs of Ukraine, the main administrative and legal tools for the interaction of service centers of the Ministry of Internal Affairs with other law enforcement agencies have been identified, namely: constant mutual exchange of information on the level of public service provision in the field of ensuring road traffic safety; implementation of joint measures for legal education of the population regarding the provision of public services in the field of ensuring road traffic safety; conducting joint exercises, meetings regarding the procedure for providing public services in the field of ensuring road traffic safety; joint forecasting, planning and coordination of joint actions regarding the implementation of the procedure for providing public services in the field of ensuring road traffic safety, etc. A scientific analysis of the positions of scientists regarding the understanding of the category “principles” was carried out and the author's understanding of the concept of “principles of interaction of service centers of the Ministry of Internal Affairs with other law enforcement agencies” was proposed, as well as the content of the main principles in the researched field was highlighted and revealed. The need to improve the administrative and legal tools for the interaction of service centers of the Ministry of Internal Affairs with other law enforcement agencies was emphasized.

This study aims to analyze the role of notaries in ensuring the legality and validity of deeds as legal instruments in civil agreements. The main focus of this study is how notaries through their authority in making authentic deeds can provide legal protection and create legal certainty for the parties who agree in civil legal relations. The method used is the normative legal research method with a statute approach, a conceptual approach, and a case approach. Data were obtained from primary legal materials such as laws and court decisions, secondary legal materials in the form of literature and scientific articles, and tertiary legal materials as a complement. Data collection techniques were carried out through literature studies and analyzed descriptively-qualitatively. The results of the study show that notaries play a vital role in ensuring the formal and material validity of an agreement through the authentic deeds they make. Notaries not only act as public officials who record the will of the parties, but also as guardians of professionalism, integrity, and legal order in society. Therefore, enforcement of professional standards and supervision of notarial practices are important in ensuring that notarial functions run in accordance with the principles of justice and legal certainty

The aim of this research is to analyze the urgency of regulating the supervision of notary organizations by the Ministry of Law and Human Rights and to analyze what factors influence the legal vacuum in the supervision of notary organizations by the Ministry of Law and Human Rights. The legal research method used is normative legal research, the approach used in this research is a statutory approach and a conceptual approach. The legal materials in this research are primary, secondary and tertiary legal materials. The urgency of regulating the supervision of notary organizations by the Ministry of Law and Human Rights is very urgent or important to be promulgated in the form of a Ministerial Regulation as an Implementing Regulation of Article 82 point 5 UUJN Amendment, to obtain legal certainty from the Ministry of Law and Human Rights so as to increase professionalism and quality of work as well as providing legal certainty and protection for clients and the wider community. And the factors that influence the lack of legal supervision of notary organizations by the Ministry of Law and Human Rights are: first, the legal substance factor (Legal Substance), the absence of a Ministerial Regulation as a legal basis for determining, coaching and supervising notary organizations. Second, the legal structure factor (Legal Structure) of Notary Organizations should be established by the Ministry of Law and Human Rights as an institution with authority to develop and supervise notary organizations. However, the absence of a Ministerial Regulation as a legal instrument that regulates the determination, guidance and supervision in accordance with the mandate of Article 82 means that the Ministry of Law and Human Rights does not have the authority to determine, guide and supervise notary organizations. Third, legal culture, this dualism in management shows an unhealthy notary organizational culture.

Ownership rights to houses and buildings are the highest form of ownership recognized in the land law system in Indonesia. The legality of this ownership right is vital to ensure legal certainty for the owner and prevent potential disputes that may arise due to unclear ownership status. The study analyzes the legal aspects of ownership rights to houses and buildings, including the legal basis, acquisition procedures, and legal protection mechanisms available to the owner. In addition, this study also examines various problems that often arise in the ownership of property rights, such as overlapping certificates, ownership conflicts, and legal implications in the process of transferring rights. The analysis uses a normative legal method with a conceptual and statutory approach. The Basic Agrarian Law (UUPA), Government Regulations, and Regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) are among the regulations that control ownership rights to land and buildings. The statutory approach is carried out by examining these regulations. Meanwhile, the conceptual approach is applied to examine the concept of ownership in land law and the underlying legal principles. The data used in this study are sourced from literature studies, including legal literature, academic journals, and official documents related to land regulations in Indonesia. The results of this study are expected to contribute to a more comprehensive understanding of the legality of ownership rights to houses and buildings, as well as being a reference for landowners, legal practitioners, and the government in managing the legal aspects of land and building ownership. With firmer legal certainty, it is hoped that a more transparent and equitable land system can be created for all interested parties.