Indonesian Law System Research Articles

Kedudukan Akta Risalah Lelang Sebagai Bukti Peralihan Hak Milik Atas Tanah Bagi Warga Negara Asing

Auction is a sale of goods which is open to the public with a written and or oral price offering which is increasing or decreasing to reach the highest price, which is preceded by an auction announcement. The legal consequence of selling by auction is that if a foreigner wins the auction, he will receive the delivery of “property rights” from the auction object in the form of an object of mortgage, while on the other hand it determines that the land law system in Indonesia adheres to the principle or principle of nationality. The meaning of the principle of nationality is that foreign citizens are not allowed to obtain ownership rights to land in Indonesia. This research uses normative legal research. The results of the discussion of this research are the status of the Minutes of auction as evidence of transfer of title to land for foreign citizens, namely the deed of auction minutes made by auction officials can be used as a basis for evidence of transfer of ownership rights to land for foreign citizens in the National Land Agency agency.

Kedudukan Akta Risalah Lelang Sebagai Bukti Peralihan Hak Milik Atas Tanah Bagi Warga Negara Asing

Auction is a sale of goods which is open to the public with a written and or oral price offering which is increasing or decreasing to reach the highest price, which is preceded by an auction announcement. The legal consequence of selling by auction is that if a foreigner wins the auction, he will receive the delivery of “property rights” from the auction object in the form of an object of mortgage, while on the other hand it determines that the land law system in Indonesia adheres to the principle or principle of nationality. The meaning of the principle of nationality is that foreign citizens are not allowed to obtain ownership rights to land in Indonesia. This research uses normative legal research. The results of the discussion of this research are the status of the Minutes of auction as evidence of transfer of title to land for foreign citizens, namely the deed of auction minutes made by auction officials can be used as a basis for evidence of transfer of ownership rights to land for foreign citizens in the National Land Agency agency.

Tinjauan Hukum Islam terhadap Kewarisan Kelem pada Masyarakat Kecicang Islam

Kelem hereditary is one of the customary laws in the matter of the inheritance rights of grandchildren which is the result of the agreement of former community leaders in Kecicang Islam Village, Bungaya Kangin Village, Bebandem District, Karangasem Regency, Bali Province. Kelem comes from the Balinese language which means drowned. In terms of hereditary, kewarisan kelem means a grandson whose father or mother (the heir) died before the grandfather or grandmother (the inheritor) is said to have drowned (blocked) from inheritance rights because it is hindered by the parents’ brothers who are still alive. This is in contrast to the hereditary law system in Indonesia in the form of Islamic Law Compilation article 185 paragraph 1, which explains that, the heir who dies before the inheritors can be replaced by his child. The research method used was field research. This research was a descriptive analytic with juridical normative approach. Data collection methods used include interviews and documentation. After the data was collected, it was analyzed in a descriptive qualitative way with the 'urf and the theory of substitute heirs. The results showed that kelem hereditary is one of the customary laws as the result of the agreement of former community leaders in Kecicang Islam. This contradicts both Sunni and Shi'ah hereditary law systems as well as the hereditary laws in Indonesia.

Urgency of The Essential Medicine Definition's Regulation in Indonesian Law System

Urgency of The Essential Medicine Definition's Regulation in Indonesian Law System

Model of Criminal Case Settlement of Doctor Malpractice Based on the Value of Local Wisdom

Introduction: Recently, the malpractice problem in medical service has been widely talked about in thesociety of different groups of people, which often leads to the criminalization of doctors.Purpose of Research: This research aims to acknowledge and analyze the formulation of malpracticecriminal act regulation in the criminal law system in Indonesia and the model of criminal case settlement ofdoctor malpractice based on the value of local wisdom in Mojokparak village.Research Methodology: This research was conducted in Mojokparak Village with qualitative methods andresearch specifications on legal pluralism.Discussion: The criminal provisions for doctor malpractice are regulated in Article 190 of Law Number 36Year 2009 concerning Health. Articles in the Criminal Code that are relevant to criminal liability related tomedical malpractice are Articles 359, 360, and 361. Mojokparak village is dependable on Islamic values thatare developed through Islamic boarding school. In this regard, the normative values of religion in the Islamicboarding school community cannot be separated from the discourse and practical movements of daily life,especially in the settlement of doctor malpractice criminal cases. The settlement of that case is done by thevalue of deliberation and consensus to find real justice.

THE TERMS OF ACQUIRING EIGENDOM RIGHT ON LAND THROUGH STATUTE OF LIMITATION (DALUWARSA)

This paper contains about how to apply the law of transfer of right on land as well as the requirements for acquiring eigendom right on land through statute of limitation (daluwarsa), both before the enactment of the Law Number 5 of 1960 concerning Basic Agrarian Law (hereinafter referred as BAL) and after the enactment of the BAL. Furthermore, the prerequisites for obtaining eigendom right on land will be analysed based on the provisions of the principle of good faith, also describe the reasons for property rights to be nullified and become state land according to the applicable law. There is also in this paper the author uses normative legal research methods by utilizing legal literatures and legal dictionaries. This research resulted in unexpected conclusions because based on literature studies, legal facts were produced if there were differences in the rules for acquiring land right through statute of limitation between the Civil Code and the BAL, so that it had implications for the land law system in Indonesia.

THE TERMS OF ACQUIRING EIGENDOM RIGHT ON LAND THROUGH STATUTE OF LIMITATION (DALUWARSA)

<p>This paper contains about how to apply the law of transfer of right on land as well as the requirements for acquiring eigendom right on land through statute of limitation<br />(daluwarsa), both before the enactment of the Law Number 5 of 1960 concerning Basic Agrarian Law (hereinafter referred as BAL) and after the enactment of the BAL. Furthermore, the prerequisites for obtaining eigendom right on land will be analysed based on the provisions of the principle of good faith, also describe the reasons for property rights to be nullified and become state land according to the applicable law. There is also in this paper the author uses normative legal research methods by utilizing legal literatures and legal dictionaries. This research resulted in unexpected conclusions because based on literature studies, legal facts were produced if there were differences in the rules for acquiring land right through statute of limitation between the Civil Code and the BAL, so that it had implications for the land law system in Indonesia.</p>

Hak Cipta Karya Seni Lukis Sebagai Jaminan Fidusia

The use of copyright for painting artworks in the Intellectual Property Law system in Indonesia provides many benefits for painters as copyright owners or copyright holders. A creator or copyright holder has Economic Rights on his work which includes the right to duplicate, display, and lease his work to third parties. Copyright Law No. 28/2014 states that copyright can be used as an object of Fiduciary security. This study aims to determine the characteristics of the copyright of painting works that can be used as fiduciary guarantees to get credit in banking and to analyze the execution of copyright guarantees of painting works if the debtor defaults The method used is normative legal research with a statutory approach and a conceptual approach, and the sources of legal materials used are primary and secondary legal materials with literature collection techniques which are analyzed in descriptive analytical form. Based on the results of the study, it can be concluded that the characteristics of copyright in painting are providing protection for works of art and providing economic rights for the creators or copyright holders and moral rights for the creators. The execution of copyright guarantees can be done by executorial method in accordance with article 29 of the Fiduciary Law.

Restorative justice in Settlement of Criminal Action of Grievant Delicion

The objectives of this research are: To find out and analyze Restorative justice in the criminal law system in Indonesia. To find out and analyze the implementation of Restorative justice in the settlement of criminal complaints offenses. To find out and analyze the constraints on the implementation of Restorative justice in the settlement of criminal offenses complaints and their solutions.The method used by researchers isjuridical empirical legal approach and the specification in this research is including analytical descriptive. Based on the results of that research Restorative justice in the criminal law system in Indonesia, namely focusing on the needs of both victims and perpetrators of crimes. In addition, the Restorative justice approach helps criminals to avoid other crimes in the future. The implementation of Restorative justice in the settlement of criminal cases of complaint offenses at the Cirebon City Police using a retributive approach (retaliation) can shift to a restorative approach (recovery). The obstacle: The investigative authority granted by the Criminal Procedure Code. In the Criminal Procedure Code, investigators are given the authority to stop an investigation on the basis of the consideration that it is not a criminal act, insufficient evidence as a criminal act, and for the sake of the law. KUHAP regulates the withdrawal of reports or complaints only for certain cases, namely those which constitute offenses for complaints. The solution: In accordance with social jurispurdence theory. Propose to the highest leadership to formulate definite rules or organizational mission and the purpose of establishing a system (legalization) for the application of Restorative justice. Outreach to the community.

Relevansi Pemikiran Ibnu Qayyim al-Jauziyah tentang Peranan Keyakinan Hakim dengan Sistem Pembuktian dalam Hukum Acara Pidana di Indonesia

The paper aims to expose the relevance of Ibn Qayyim al Jauziyah's thoughts in the role of judges' conviction with the evidence in the criminal procedural law system in Indonesia. The result shows that the function of the judge's conviction is considered a base or a consideration in deciding cases, in the sense that the belief is the act of the judge accompanying the emergence of evidence presented before the court. Ibn Qayyim al-Jauziyah argues that a judge's conviction is related to the broad knowledge of the law and the skill in reading the signs that arise in the case, it also considered a basic guideline for judges in deciding cases, in addition to legal provisions. The relevance of Ibn Qayyim al-Jauziyah's thoughts in criminal procedural law in Indonesia regarding the role of judges' belief is that both (according to Ibnu Qayyim and criminal procedural law in Indonesia) both emphasize that the conviction of judges has a very critical role in deciding cases.

MASLAHAH AL-MURSALAH: AN ALTERNATIVE APPROACH TO LEGAL DEVELOPMENT OF INDONESIA LAW LABOR SYSTEM

This study aims to offer an alternative approach to the implementation of the labor law system in Indonesia. With the approach of Islamic law and socio-legal research as its basic tools for analyzing the implementation of various labor law regulations, the results of the study show; first, various labor problems that arise at this time are caused by, among others, there is no common understanding yet on the concept of equal relationship between workers and employers, the lack of government political will in enforcing the rules, the low skills of labor, uncertainty of market mechanisms, uneven distribution of the worker, and the presence of foreign workers; second, the implementation of the labor system is still far away from the concept of fiqh ijarah; and third, the lack of work spirituality.

Perlindungan Hukum terhadap Korban Tindak Pidana Perdagangan Orang Dalam Perspektif Sistem Peradilan Pidana Indonesia dan Malaysia

Legal protection for victims in the criminal law system and the judicial system in Indonesia and Malaysia has been implemented but has not yet accommodated the rights of victims as a whole and its implementation has not been in accordance with the principles of universal legal protection. The research method used is normative legal research, consisting of the type of research on legal comparisons and vertical and horizontal synchronization. The approach used is the legal, case, comparative and conceptual approach. The purpose of this study is to analyze legal protection for victims of trafficking in the criminal law system in Indonesia and Malaysia and to find the ideal concept of legal protection for victims of trafficking in persons from the perspective of the Indonesian criminal justice system. The results of this research are 1) The need for the executive and legislative to revise the law on witness and victim protection and the eradication of the crime of trafficking in persons, namely by including the rights of victims that have not been accommodated, 2) so that the components of the criminal justice system (National Police Indonesia, Prosecutors and Judges) have the same vision and prioritize professionalism and harmony between components in providing protection for victims based on the principles of victim protection and 3) The need for legal reform by harmonizing existing regulations with other regulations into the Concept of Integrative Legal Protection. Namely the concept of legal protection for victims of trafficking in persons by strengthening the interaction between the legal system, including norms, value systems and behavior systems into an integrated legal protection system for victims of trafficking in persons in the criminal justice system as a whole and comprehensive (integral comprehensive).

Adversary System in Common Law Countries and Possibility for Implementation in Indonesian Court

This research tries to open the possibility of implementing an adversary system which is very closely related to the common law system in Indonesia, especially concerning the “The Rights of the Accused” in the criminal justice process. This research is carried out normatively by conducting legal studies through literature and legislation. The result of this research is that if the accused declared himself guilty of the crime he committed, this means that the accused will lose his right to be tried and processed fairly trial in the common law system. If a defendant is declared guilty, then the next process is the conviction without trial, in which case there are weaknesses in the rights of the accused that should have been carried out through a jury trial. Is it possible to apply in Indonesian courts? Is it not contrary to the norms contained in the Code of Criminal Procedure (KUHAP), especially regarding the rights of suspects relating to human rights (HAM), such as equal treatment before the law; put forward the presumption of innocence; the right to compensation; right to legal assistance; the defendant's rights before the court; a free, fast and simple trial; and a court that is open to the public. However, if possible in Indonesia to switch to the adversary system, the judge's role can be limited only as a referee to allow the creation of a fair trial. The party in charge of deciding whether or not the defendant is right is the jury.

RECHTERLIJK PARDON DALAM KEBIJAKAN DAN PENERAPAN PIDANA INDONESIA

Penal code in the formulation of criminal law is currently only fixated on the provisions of criminal acts and crimes without including the goals and principles of punishment. Therefore, criminal law is currently considered rigid and inhumane in its application in small cases that are deemed to require social justice. Formulations which do not have objectives and principles in criminal guidelines will not produce effective law, now there is an idea that is Rechterlijk Pardon as one of the concepts in criminal reform that has been used by various countries implementing civil law systems. The results of the analysis in this study found 6 (six) articles relating to the value of forgiveness in the current formulation of the Kuhp but not the pure forgiveness value and the discovery of 5 (five) criminal justice applications that already have forgiveness values but still cannot be applied properly because they are not properly applied the existence of forgiveness formulations in the current criminal. The formulation of the judge's forgiveness idea "Rechterlijk Pardon" will make the criminal law system in Indonesia to come to be more integral, flexible, humanist, progress and nationalist. The criminal justice system desperately needs significant reforms such as the inclusion of criminal law goals and principles so that an effective criminal justice system in Indonesia is realized.

HAK ATAS KEBEBASAN BEREKSPRESI DAN BERPENDAPAT DI INDONESIA DENGAN DI AMERIKA SERIKAT

<p>The right to freedom of expression and opinion is the right to freely express beliefs and opinions through words (spoken), written, printings, pictures, and certain media. But unfortunately, this right is often misused. An old maxim once said: <em>neminem loedit qui suo iure utitur</em> which means “he who uses a right injures no one”. Based on the maxim, a thought has been developed that use of right or authority must be an act according to law, so it is not at once caused an unlawful action. The question of this study compares legals norm between the right to freedom of expression and opinion in Indonesia and United States of America (USA). This study aims to find out the difference between legals norm of right to freedom of expression and opinion towards law system in Indonesia and USA. The right to express and hold opinion both in Indonesia and USA has been recognized as human right under the constitution. Furthermore, the right to freedom of expression and opinion in USA is protected under Virginia Bill of Rights document (June 12, 1776), Declaration of Independence (July 4, 1776), and the Act. While in Indonesia it is guaranteed by Article 28, Article 28E paragraph (2), Article 28E paragraph (3) and Article 28F in Indonesian Constitution 1945. Any restrictions on freedom of expression and opinion in USA is prescribed by court judgement, for example the case of Schenk vs US (1919) and Whitney vs California (1919). Whereas in Indonesia, limitations on the right to freedom of expression and opinion is regulated by some statutes.</p>

Marriage under the age of legal perspective on Sasak tribe in Indonesia

The existing tradition of marriage under age (Merariq Kodeq), this research aims to understand the consciousness of the national law, which prevails in the middle of the community with the existence of the marriage laws related to the age of marriage. This study used a qualitative approach to know the factors causing, the form of offense, impact, and effort of government in marriage underage in the Parampuan village Lombok Barat regency. The study results are as follows. Factors affect the Merariq Kodeq among the others because of the low financial of a family, factors of low public education, personal factors influenced by environment intercommunication, factors parental concern to the intercommunication of his son, cultural factors that still adopted the community. Abuses that are not in accordance with the provisions of the constitution based on Indonesian law system marriage, which the age of children in doing marriage, the validity of marriage did not participate noted in the office of religious affairs—the rights of the child and teenage as the young generation. The impact of that occurs as a result of Merariq Kodeq is premature pregnancy, dropping out of school, domestic violence, divorce, psychological trauma as well as vulnerable to marriage in below the hands. The government commitment to socializing in the village, guidance, the documentary movie about the dangers of marriage on the below age, and the information center for counseling sex education for teenagers.

Legal Policy Granting Status of Fresh Start to the Individual Bankrupt Debtor in Developing the Bankruptcy Law in Indonesia

The objectives of this research are to identify and assess the granting of discharge as of debt in the bankruptcy law in Indonesia and legal policy regarding granting status of fresh start to individual debtors, which are in a good faith and is not able, after termination of bankruptcy, in order to develop bankruptcy law in Indonesia. The analysis is directed to explain the legal policy on granting status of fresh start to the individual bankrupt debtor in order to develop the Bankruptcy Law in Indonesia. Bankruptcy was originally conceived as a punishment for an act that is considered a criminal conduct because of the debtors’ bad faith to avoid debt. Modern bankruptcy law is aimed as an exit from financial distress. The bankruptcy law system in Indonesia adheres to a principle of “debt collective” which comes in the form of a general seizure over the debtor’s bankruptcy assets as collateral for debts repayment. This study offers an novelty in that bankruptcy law in Indonesia does not adhere to the principle of “debt forgiveness”, in which bankruptcy is a legal institution used as a way to ease the burden of debtors due to financial difficulties through the form of elimination of individual debtor’s remaining debt. After the bankruptcy ends, creditors obtain his execution rights over the property rights of the debtor, particularly on the receivable that have not been fully paid which the debtor is obligated to pay up in full.

Space debris as environmental threat and the requirement of Indonesia’s prevention regulation

Non-operational satellites and other space junk, including jettisoned spent rocket stages, old satellites and other space objects, are creating a huge stock of garbage in outer space. Space debris environment poses a damage risk to spacecraft in Earth orbit and also poses the risk of damage on the ground if debris survives Earth’s atmospheric re-entry. From the early 1960s, Indonesia has promptly begun to perform space activities. From rocket research and development in 1970, programs related to space science and technology in 1980, and currently Indonesia operates its own 6 satellites (5 in GSO and 1 in LEO). Indonesia has ratified Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 1967 (Outer Space Treaty) with the Law Number 16/2002 and also enacted Law Number 21/2013 on Space Activities. However, the lack of regulation regarding on environmental protection aspect on outer space should highlight Indonesian law system as the development of space technology threaten the territory also. This writing aims to study the space debris and environmental protection on the national level and utilized that as a means on space environmental sustainability in Indonesia.

Employee-Inventor’s Right to Compensation in Patent Law System in Indonesia and some Countries

The understanding of the regulation of compensation system gives a picture of how an owner of a corporation determines his/her business strategy as well as avoiding conflict with employees. For employees, it is important to understand how the corporation regulates the compensation system so that they know their rights. Understanding compensation system also encourages employees to be innovative. This study is about compensation to employee inventor and the regulation of how the compensation is granted and how much the corporation spends to compensate their employee inventors. The regulation of compensation system for employee inventors in Indonesia has not been regulated clearly and measurably in patent law as well as in labor legislation. In some other countries (Japan, South Korea, China, French and Germany), the regulation of compensation system is a mandatory rule in nature, and even the regulation of mechanism, the amount and the institutional system of the compensation have been well regulated in their patent, labor or manpower, employee inventions and innovation, and technology promotion law. The regulation of the right to compensation that is clear and measurable in some top rank countries has been proven to be able to boost not only innovation climate and promotion of Science and technology, but also economy growth.

Preserving Customary Title Granting Ritual in Bolaang Mongondow Raya in Perspective of 1945 Indonesian Constitution

The Dutch colonialism period has brought changes in the Indonesian law system, in which, as the colonized, Indonesia was obliged to comply and apply the colonizer’s law system. This ruled out customary law systems which have been regarded as locally-specified law in regions in Indonesia for a long time. Moreover, the obligation of using Dutch’s law system renders customary law’s influence weakened, as the customary law was no longer regarded as the standard norms of behavior in Indonesian society. Factually, the phenomenon is reflected in customary title granting ritual. Once regarded as the utmost important ceremony towards a deceased region leader as a form of highest respect in remembrance of his/her services, the ritual is no longer considered as a sacred ceremony, thus receiving little to no attention from the regional government. Therefore, this study contends that establishment of customary institutions, as well as implementation of regional regulation by the region’s executive and legislative, is fundamental to internalize and preserve cultural values embedded in traditional ceremonies such as customary title granting ritual; the establishment also serves as the implementation of Article 18B Paragraph (2) of the 1945 National Constitution of Republic of Indonesia.