Applicable Legal Rules Research Articles

The land development plan as a legal act and administrative instrument for planning and managing the development of the municipality. A legal, political and socio-economic study

The paper deals with the subject of the spatial development plan as a key instrument for managing the development of a municipality. The essence of the spatial planning process is presented, as well as the applicable legal rules and procedures for the creation of this document, together with a description of the competences of the various authorities and public institutions in the spatial planning process. It also presents a statistical view of the functioning of plans throughout the country. Particular attention was paid to the negative consequences of the lack of use of this instrument in the context of the development processes of territorial units. The analysis presented includes a legal analysis of planning processes, taking into account administrative proceedings, planning annuities and local development processes. The arguments presented above proving the extremely important role of spatial planning processes in improving the quality of life of local communities should be reflected in the number of communes in which such plans are in force, and more precisely, it is to indicate the area of the entire country covered by the adopted local plans.

Legal Analysis of The Role of Notaries in The Drafting of Financing Agreement Deeds Based on Sharia Principles At PT. Bank Syariah Indonesia Batam Branch Office

In every transaction or agreement they observe, notaries are crucial in guaranteeing adherence to sharia rules. It is essential for notaries to comprehend sharia principles in muamalah (business transactions) in order to perform their duties responsibly and in compliance with applicable legal rules. Muamalah based on sharia principles addresses a number of topics, including justice, openness, unity, and adherence to Islamic legal norms. To determine if a transaction or agreement complies with the relevant sharia principles, notaries must comprehend and internalise these principles. This research aims to find out, analyse and explain in depth the role of notaries in making financing agreement deeds based on sharia principles, so that they can contribute to the development of Islamic banking law and notaries in Indonesia, and analyse and explain comprehensively the responsibilities of notaries both civilly, criminally, and administratively for the sharia financing agreement deeds they make, so that they can contribute to the legal protection of the par. This research uses a type of legal research that is Normative as well as Sociological (empirical). The findings revealed that the role of the Notary in the application of Sharia principles in contract deeds at Bank Syariah Indonesia KC Batam is not overly dominant, because the Notary's role is essentially limited to legalising the contract, while the bank determines the contract's content entirely. The notary bears accountability for the Sharia Financing Agreement deed and must read and comprehend its contents. With this reading, the notary can also amend any inaccuracies in the deed's contents. The Notary will refuse to legalise the deed if it violates the law, public order, or decency. The constraints of the absence of Notary competencies that are in accordance with and fulfill sharia provisions, make not all Notaries who are partners of Islamic banks lack understanding of sharia principles.

Edukasi Tentang Pentingnya Pendidikan Hukum Bagi Pelajar SMK Negeri 1 Kaidipang

The family is an effective legal socialization place before a child directly becomes a member of society. Parents become a very important figure in providing examples of law enforcement in Indonesia. Then from the family environment will continue to the school environment and the outside community in general. When a child has started to grow into an adult, then at that time a new individual begins to be introduced to the rules and principles of state law which they know through the legal education they receive both formally and informally. Understanding of the law can be done with legal counseling. Legal counseling means a conscious effort made by someone to comply with applicable legal rules. The methods of implementation are Activity Stages, Preparation and Debriefing Materials, and Program Action Plans. The results of the collaborative community service activities for lecturers and students in the form of socialization are as follows (1) Increased legal awareness of students at SMKN 1 Kaidipang. (2) The behavior of students at SMKN 1 Kaidipang who obeys the law is formed. (3) The characteristics of students at SMKN 1 Kaidipang who understand the law grow. With legal awareness within the students of SMKN 1 Kaidipang, they will easily realize that it is important to comply with existing regulations so that they can apply them and become an example for young and old people in their area, so that they will get used to complying with regulations and carrying out law well wherever they are.

The Urgency of Chemical Castration Regulation in the Sexual Violence Criminal Act Law

This study aims to determine the urgency of chemical castration in the Law on Sexual Violence, to examine the ideal arrangement of chemical castration in the Law on Sexual Violence in sexual violence against minors committed by the victim's biological parents. And can provide an adequate description of the scope and application of additional criminal law in the form of chemical castration against perpetrators of sexual violence. In this research, the type of research used is normative juridical. Normative juridical research is a procedure used to solve problems from the legal issues at hand. This research focuses on the statute approach, conceptual approach, discussion of rules and norms in positive law. The author looks at the applicable legal rules, especially the regulation of chemical castration in Indonesia Child Protection Law 17 2016, PP No. 70 of 2020 concerning chemical castration. The author finds that it is important to emphasize the need for a thorough review of chemical castration sanctions in the Child Protection Law in Indonesia. Although aimed at preventing sexual violence and providing a deterrent effect, this policy has drawn pros and cons related to human rights violations and its effectiveness has not been proven. Practical challenges such as the sustainability of the punitive effect and offender recovery are also important. A comprehensive approach is needed, prioritizing law enforcement, crime prevention, and victim recovery, with a focus on the best interests of the child and a broad dialogue on human rights, medical ethics, and technical implementation.

Implementation Of The School Budget And Activity Plan (ARKAS) Application Policy In Realizing Good Governance In Junior High Schools

This study aims to analyze the Implementation of the School Activity Plan and Budget (ARKAS) Application policy in Realizing Good Governance in Junior High Schools, this research uses qualitative research with the type of case study research (Field Research). The data collection techniques used are observation, interviews, and documentation. Data analysis uses triangulation techniques, namely by displaying data, reducing data, and finally drawing conclusions. This research examines the ARKAS application technology used in realizing good governance in the field of BOS fund management. The implementation of the ARKAS policy reflects the concept of e-government by providing easier access to information on activity plans and budget allocations, enabling active participation in the decision-making process. The results of this study reveal that technology can be used optimally to achieve a goal. Through ARKAS, information related to activity plans and budget allocations can be accessed more easily by various stakeholders, which contributes to increased participation, and public trust and still refers to the applicable legal rules. The increased transparency and accountability achieved through ARKAS policy implementation has important implications, obstacles, and efforts in the context of financial management in educational institutions.

SISTEM IDENTIFIKASI PERIZINAN KIR DENGAN QR-CODE BERBASIS ANDROID

The security and authenticity of a proof of KIR licensing is very important, because proof of KIR licensing is obtained after going through a series of processes and fulfilling the requirements in accordance with applicable legal rules. The Department of Transportation in the service of KIR in Jayapura City licensing issues proof of passing the KIR test in the form of a KIR book, zinc plate and stickers. In this study, the design of the KIR licensing identification system was carried out using a QR-Code based on an Android mobile application and web service. The QR-Code is used as a marker of the authenticity of the proof of KIR licensing which is added to the KIR licensing sticker. In the resulting QR-Code has been added an encrypted information using the 3DES algorithm. This study uses the waterfall model software development method which is preceded by system requirements analysis, system design, system creation, and system testing. The final result of the research that has been done proves that the use of QR-Code as an identification tool and the selection of the Android platform as a QR-Code scanner application can be used as a solution as a tool to identify the authenticity of KIR licensing.

IMPLEMENTATION OF POLICE DISCRETION IN CRIMINAL LAW ENFORCEMENT IN ANARCHIC DEMONSTRATIONS

Police discretion is the authority of members of the police to take a policy in certain situations that require their own judgment as long as it does not violate statutory provisions. It aims to guard, maintain order and ensure public security. However, policies issued often raise pros and cons, especially when enforcing criminal law in securing demonstrations. The community considers that the actions taken are a form of hindering the achievement of their aspirations. This condition eventually led to riots during demonstrations which could threaten the safety of the demonstrators, police officers, as well as those at the location of the action. So that in this situation police discretion can be issued to prevent and deal with various threats that occur. This study uses an empirical juridical method, namely direct research conducted by studying the applicable legal rules with real events that occur in society. The results of this study explain related considerations, procedures, to obstacles and efforts made in the application of discretion by members of the police in overcoming anarchic demonstrations

The Relevance of Double Effect Doctrine in The Perspective of Criminal Law Causality Doctrine: A Rebuttal to The Concept Of Conditio Sine Qua Non

This research explores and analyzes how the doctrine of causality, particularly the concept of <em>Conditio Sine Qua Non</em>, and the doctrine of double effect interact and influence the determination of responsibility in criminal law. Using the normative-dogmatic research method, this study systematically analyzes applicable legal rules without empirical data, emphasizing the qualitative application of legal and philosophical principles. The research uses a literature review as the primary data collection tool, examining legal philosophy books, academic journals, and professional publications to draw relevant conclusions. The results indicate that <em>Conditio Sine Qua Non</em>, which focuses on objective causation, needs to be revised for cases involving complex ethical considerations. In contrast, the double effect doctrine introduces an ethical dimension to causality judgments, justifying actions that produce unintended but unavoidable adverse consequences as a side effect of a good goal. The findings suggest that an integrative approach combining both doctrines may lead to a more balanced and comprehensive understanding of criminal liability. This research aims to enrich the academic discourse on causality in criminal law by introducing ethical considerations as part of causal analysis. It offers a new perspective in dealing with criminal cases involving complicated morality and consequences, challenging the existing limitations of causal interpretation. Nevertheless, this study has limitations in terms of its scope of practical application and the need for empirical verification, signaling the need for further research that can evaluate and validate these findings in actual legal practice.

CRIMINAL LIABILITY AGAINST PERSONS OF AUTHENTIC DEED FORGERY (Study Decision Number: 1611/Pid.B/2014/Pn.Mks)

This research aims to (1) determine and analyze the forms of criminal responsibility and legal considerations of judges regarding the forgery of authentic deeds based on false statements in Makassar District Court Decision Number: 1611/Pid.B/2014/PN.Mks. (2) knowing and analyzing the legal consequences arising from authentic deeds that are based on false information. This research was conducted in Makassar, South Sulawesi Province, specifically at the Makassar District Court. This research was carried out by taking data from copies of decisions regarding the criminal act of ordering to place false information in authentic deeds. Apart from that, the author also conducted literature studies by reviewing books, literature and statutory regulations related to the problems. The result obtained is that the application of material law, in this case, is not appropriate because the element of the article being accused, namely Article 266 paragraph (1), which, in the author's opinion, is not appropriate the element of the use of the deed can cause harm, whereas the use of an authentic deed does not provide the damages alleged are selected by the Panel of Judges. Furthermore, the decision-making process carried out by the Panel of Judges, in the author's opinion, is not following the applicable legal rules because one of the elements in the article being charged is not following the facts in the trial. So, according to the author, imposing a crime on the defendant is inappropriate both in the Court of First Instance and the High Court.

Positivisme Hukum dalam Mengatasi Konflik Hukum Perkawinan Beda Agama

Abstract
 The focus of this study is that interfaith marriages often cause legal conflicts due to religious differences between husband and wife. This legal conflict can be related to various matters such as child custody, distribution of assets, and determination of the child's religion. This becomes complex because each religion has its own rules regarding marriage and family. The purpose of this scientific work is to find out how the legal view of legal positivism in interfaith marriages. Legal positivism is a legal view that emphasizes the importance of written legal rules as the only source of applicable law. In the context of interfaith marriages, legal positivism can play an important role in overcoming legal conflicts that arise. The method used in this scientific paper is a comparative study and literature. There are three findings from this study: First, legal positivism can help parties involved in interfaith marriages to understand the applicable legal rules. Second, legal positivism can help resolve legal conflicts through appropriate legal channels. Third, legal positivism can help ensure legal protection for parties involved in interfaith marriages.

The Legal and Human Rights Challenges of Interfaith Marriage in Indonesia

Objective: This research aims to analyze the legal rules on interfaith marriage in Indonesia in relation to human rights, and whether there are any aspects of human rights violations or conflicts arising from the absolute prohibition of interfaith marriage without exception, as clarified by the Supreme Court Circular (SEMA) No. 2 of 2023, which provides a more detailed interpretation of the rules in the Marriage Act No. 1 of 1974 and the Compilation of Islamic Law (KHI) No. 1 of 1991. Theoretical Framework: The right to freedom of religion and the right to form a family are integral aspects of human rights and also Islamic teachings. The absolute prohibition of interfaith marriage by the Supreme Court Circular (SEMA) No. 2 of 2023 is considered by some religious followers to be in conflict, thus encountering resistance from a segment of society. The theories of the Universal Declaration of Human Rights (UDHR), pluralism of applicable legal rules, and differences in the understanding of religious figures themselves are utilized as foundational theories to examine challenges to the implementation of law and the UDHR in Indonesia, determining whether these legal rules still leave room for conflicts. Method: The study employs a normative legal research methodology. Data is acquired through an extensive review of relevant legal frameworks, doctrines, and pertinent literature. The acquired data is then subject to qualitative analysis techniques for thorough examination and interpretation, ensuring a comprehensive understanding of the subject matter. Results: The findings of the study indicate that the legal rules on interfaith marriage in Indonesia have the potential to cause several aspects of human rights violations or conflicts, especially the right to freedom of religion and the right to form a family. This is because these rules restrict the individual's freedom to choose a religion and form a family with someone of a different religion without exception. The absolute prohibition of interfaith marriage, as upheld by SEMA No. 2 of 2023, further exacerbates these concerns by creating a legal vacuum that leaves interfaith couples without legal recognition and protection. Conclusion: One of the primary functions of law and regulations is to safeguard society, protect their rights, and regulate human activities fairly to achieve harmony and prosperity in the life of the nation and state. However, this objective will not be achieved if the legal rules in place still leave injustice and a lack of protection for the fulfillment of citizens' fundamental rights. Therefore, further regulation is needed to find solutions to overcome this problem. The adoption of a more nuanced approach to interfaith marriage, one that respects individual rights and accommodates religious diversity, would be a significant step towards ensuring human rights protection in Indonesia. For instance, providing dispensation for Muslim men to marry non-Muslim women (Christian or Jewish) if they are deeply in love, approved by both families due to their belief in living harmoniously and peacefully. There is concern that the intense love shared between them might lead to one of them taking their own life if separated, or due to the difficulty of finding a Muslim woman in non-Muslim-majority countries when the man is studying abroad, among other reason.

Behavior analysis of MSMEs in Indonesia using fintech lending comparative study between sharia fintech lending and conventional fintech lending

<span lang="EN-AU">The presence of sharia financial technology (fintech) as a credible financial institution is expected to be able to help the problems that are often faced by Micro, Small and Medium Enterprises (MSMEs) in Indonesia. This study aims to determine whether there are differences in the behavior of MSME actors in the use of sharia fintech lending and conventional fintech lending. The research method used in this research is normative legal research by analyzing the laws and regulations as well as relevant studies through the issues in the study. This study uses a statutory and conceptual approach, both of which function to analyze the applicable legal rules so that differences can be found between conventional and sharia peer to peer lending fintechs and the extent to which sharia rules are applied in these fintechs. This study concludes that Islamic fintech plays a role as a driving factor in increasing the inclusiveness of Micro, Small and Medium Enterprises (MSMEs) in Indonesia. The presence of the sharia fintech industry can overcome the problems of Micro, Small and Medium Enterprises (MSMEs) in Indonesia, especially related to financing needs, ease of transaction processing, expansion of market access, and ease of preparation of financial reports</span><span lang="EN-US">.</span>

Approaching Crime From A Psychological Perspective: Virtue Ethics And Criminal Etiology In Criminology

<p>This research aims to analyse the relationship between virtue ethics and criminal aetiology, particularly from a psychological perspective on criminal behaviour. Using the normative-dogmatic legal method, this research focuses on the systematic study of applicable legal rules and positive legal systems without collecting empirical data. The results indicate that virtue ethics has a significant influence on the prevention and reduction of criminal behaviour, showing that the formation of good character through moral education and positive behavioural examples can reduce the risk of criminal behaviour. This research contributes to the application of legal practice by suggesting the integration of virtue ethics principles for more effective rehabilitation and crime prevention strategies. The limitation of the research lies in the use of literature studies as the basis of analysis, which limits the generalisability of the findings to broader social practices.</p>

REKLAMASI PANTAI DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 2014 TENTANG PENGELOLAAN WILAYAH PESISIR DAN PULAU PULAU KECIL

The beauty of nature and all geological ecosystems is a gift from Almighty God which was created for humanity as subjects to manage, use and be responsible for preserving all the beauty of the third planet called Earth, so that all living creatures that inhabit that place can live in mutualistic symbiosis. Irresponsible use and exploitation of natural resources is a threat in living together so that it is not uncommon to find land dredging, conversion of functions and even beach reclamation which can result in natural disasters and imbalance in the geological ecosystem. In this journal, we will explain how legal provisions (formal juridical) protect and regulate the use of natural resources in contact with oceans and beaches, so in this case the author uses an approach and study method of applicable legal rules (positive law) by explaining the contents of the law. -laws that regulate the extent of legal protection for the use of nature in a civil society.

The Comparative of Arbitration Performance and Public Court on Settlement of Civil Disputes in Indonesia

The purpose of this study is to describe the comparison of dispute resolution mechanisms by arbitration and dispute resolution through general courts. This study uses normative juridical, referring to legal norms which include laws and regulations, court decisions and applicable legal rules. Furthermore, this research will answer legal issues regarding dispute resolution through arbitration. Normative legal research is "legal research conducted by examining literature (secondary data). The results of the study indicate that there are two choices of arbitral institutions to resolve disputes, namely arbitration and general courts. Comparison of dispute resolution mechanisms between arbitration and institutional arbitration is that arbitration has the freedom of the parties to determine the arbitrator, guarantees the confidentiality of the parties because dispute resolution is carried out in private, the parties can determine the place of arbitration, choice of law in dispute resolution, and the dispute resolution process is faster, namely can be completed in no more than 180 days. While settlement through a general court requires a relatively long time, is open to the public, and is confrontational in nature, all decisions are final and binding. However, for arbitration, the recognition and implementation of the decision must still be registered with the district court. Weaknesses of arbitration are the emergence of suspicion of each party about the closeness of the arbitrator, given the current sophistication of technology, so that the number of dispute resolution through arbitration in Indonesia is very small. Society prefers litigation over non-litigation.
 
 Received: 21 April 2023 / Accepted: 09 August 2023 / Published: 5 September 2023

Criminal Sanctions and Legal Protection of Victims against the Crime of Fornication of Minors

Some of the events are quite an impact on the victim is a felony obscenity. However, this is not a necessarily rule out the existence of criminal acts committed by children. So it’s necessary to apply a legal sanctions and special protection in cases involving these children. As this research highlight the implementation of legal sanctions on minors in cases that will be raised related to fornication by children with Verdict Number 2/ Pid.Sus.Anak/ 2018/ PN PMS. This research is an empirical sociological study, which collects field data for further analysis of the data with the applicable legal rules. The result of this research is the practice of legal sanctions on subject of minors through Verdict Number 2/ Pid.Sus.Anak/ 2018/ PN PMS to a children regarding the sentence of 1 (one) year incarcerated and 3 (three) months of job training has been in accordance with applicable legal rules. Caused the subject is a minor, a child who is 15 (fifteen) years old, based on Law Number 11 of 2012 on The Criminal Justice System of Children, legal protection for minors of victims has been carried out such as legal assistance, psychological assistance, and ensuring that the child still get them rights as a child in society such as receiving education, socializing, and so on, the right not to be covered by the media, in collaboration with the Indonesian Child Protection Commission (“KPAI”) in terms of the victim’s psychology and social issues of the victim.

Pengembangan Model Evaluasi dalam Penguatan Ideologi Pendidikan Sekolah Dasar

This article was written using the meta-analysis method. This type of research used qualitative research. This research was conducted to find out how far character education is carried out in learning, especially elementary schools. With the progress of the times with educational ideologies. The evaluation model is also very much needed in the world of education to form superior quality ideologies that foster a sense of responsible attitude in dealing with the world of education. Because the evaluation model in strengthening educational ideology can optimize the development of the dimensions of the nation's children and can form and develop people who are devoted to God Almighty, comply with applicable legal rules, interact between cultures, apply noble values, morals and ethics as the pride of the Indonesian people.

VALIDITY OF STANDARD CLAUSES IN PRODUCT DETAILS ADVERTISED ON E-COMMERCE PLATFORMS IN INDONESIA

The existence of standard clauses contained in various types of agreements until now has always been a controversy over the validity of a contract or agreement. The Civil Code does not specifically regulate the standard clauses contained in the preparation of an agreement. This research is normative by using primary and secondary legal materials. The technique of collecting legal materials that the author uses in this study uses a literature study technique. The legal material analysis technique uses the deductive syllogism method. The results of the study indicate that as long as the agreement is made by the parties bound in the agreement, even though it contains standard clauses in it as long as it does not violate the applicable legal rules, the agreement remains valid and becomes law for those who make it. The best possible agreement is prepared by taking into account the principles of agreement formation such as the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, the principle of good faith, and the principle of personality. Making an agreement that does not comply with subjective conditions can apply for cancellation of the agreement through the court and if it does not meet the objective requirements, then the agreement is null and void or deemed to have never existed.

KEPASTIAN HUKUM KONTRAK ELEKTRONIK YANG DIBUAT OLEH NOTARIS DALAM TRANKSAKSI E-COMMERCE

Notaries in carrying out their duties are required to be normatively guided by the rules of law related to all actions that will be taken and then set forth in a deed. Acting based on the applicable legal rules will give the parties that the deed made before or by a notary is in accordance with the applicable legal rules, so that if a problem occurs, the notary deed can be used as a guideline by the parties. In relation to other powers granted to Notaries in Article 15 paragraph (3) of the Law on Notary Positions regarding cyber notaries, the results of the certification print out can be categorized in electronic documents. Where in Article 1868 Burgerlijk Wetboek, electronic documents must meet the elements of authenticity of a deed. The research method used in this article is normative research, research phase, literature study, and deductive analysis, the types of research approaches used are conceptual approach and statutory approach. The certification of transactions using a cyber notary is legal because it has been regulated in Article 15 paragraph (3) of Law Number 2 of 2014 which authorizes a notary to certify transactions in a cyber notary manner while still taking into account the elements of an authentic deed.Keywords: Authentic deed, Electronic contract, Notary.

Sayam as a Sanction Model Against Children in Conflict with the Law in Aceh

The Acehnese people use the sayam sanction approach to conflict resolution. Sayam is an Acehnese cultural framework influenced by Islamic values, which are still being implemented and were strengthened by Aceh Qanun Number 9 in 2008. This descriptive study of sayam as a model of sanctions for children in conflict with the law aimed to describe the characteristics of an individual involved, situation, symptom, or group in society. The juridical review is used because various factors influence applicable legal rules. According to the study's findings, the resolution of cases involving children in conflict with the law in Aceh is still carried out using sayam sanctions with three methods. In the first model, the resolution of cases involving children in conflict with the law is handled by the head of the family whose child is in conflict with the law with the family whose child is the victim. The most basic form of dispute resolution is recognized as a hereditary tradition still used by the community. In the second model, the victim child's parents report the perpetrator's evil actions against their children to the keuchiek (the head of the village). In this dispute resolution model, the active role of the keuchikas customary stakeholders and village leaders is more prominent. The third model in the sanction application against children in conflict with the law involves the Police. The Police actively supervise conflict resolution until a decision is reached at the gampong (village) level. However, in this resolution model, the Police are not actively involved in making decisions.