Juridical Aspects Research Articles

National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic

The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation.

European course of Republic of Moldova: socioeconomical and juridical aspects

The article analyzes various aspects of socioeconomic and juridical life of the Republic of Moldova in the context of European integration. The author pays special attention to the functionality of state institutions and the level of trust, perception of the population regarding the quality of the act of justice, the quality of the act of government as a whole. The analysis reveals major problems that need to be solved from the perspective of bringing our country closer to the community space, to join the European Union. The extensive use of the results of different sociological investigations allows the author to make a comparative and dynamic analysis of the situation in the field of justice and other fields of activity.

Kepatuhan Wajib Pajak Penyedia Platform Marketplace E-Commerce Sebagai Pemungut Pajak Pertambahan Nilai Perdagangan Melalui Sistem Elektronik

The development of digital technology in the industrial era 4.0 distorts tax cuts and collections in the e-commerce marketplace. This study provides an overview of conditions in the field of compliance and voluntary intentions of e-commerce marketplace platform providers and individuals and / or entities to register as PPN PMSE taxpayers and tax collectors. In addition, it can also find out a review of the juridical aspects of the applicable regulations if the taxpayer provides the domestic e-commerce marketplace platform application if it is determined as a PMSE VAT Collector. The method used is qualitative research using an ethnographic approach which is considered appropriate for social science research based on questionnaire data, interviews and other documentary data. The level of compliance of companies providing the e-commerce marketplace platform is divided 1) the level of compliance based on deductions, deposits and reporting related to corporate tax itself where there is an attempt to comply as a form of obligation of the taxpayer. 2) the level of compliance based on the voluntary intention to register to be appointed as a PPN PMSE collector, which is still very low. In the juridical aspect, it is only found that the additional obligation lies in the collection of PPN PMSE on intangible Taxable Goods or Taxable Services from outside the Customs area whose transactions are carried out within the Customs area.Keywords: Compliance; e-commerce marketplace; PPN; PMSE; Taxpayer

REVOCATION OF BUSINESS COMPETITION SUPERVISORY COMMISSION DECISIONS OVER CARTEL-RELATED CASES IN INDONESIA

Business Competition Supervisory Commission (henceforth KPPU), a law enforcement body in Indonesia, was established based on Antimonopoly Law. This commission is a quasi-judicial body holding executorial authority over business competition-related cases. The crucial issue is apparent when business people submit petitions to the District Court since, from this point, different approaches and treatments between the KPPU and the District Court are revealed. This weak legal procedure, especially regarding the efforts made for petitions, is often seen as an opportunity by business people to stand against the decisions of the KPPU by submitting petitions to District Court, and several cartel-related cases have been reinforced by Supreme Court. This research employed normative-juridical methods involving secondary data that were further analyzed by emphasizing juridical aspects for the analysis of the qualitative analysis method to present a description, from which a conclusion and recommendations were drawn. With it, decisions of the KPPU would not be labeled weak in law enforcement concerning business competition. Moreover, this approach is intended to deter business people regarding the violations of Law concerning Antimonopoly especially those regarding cartels which not only harm business people, but also the members of public in general.

Physicians\u2019 decreased tendency to choose palliative care for patients with advanced dementia between 1999 and 2015

BackgroundPhysicians’ decision-making for seriously ill patients with advanced dementia is of high importance, especially as the prevalence of dementia is rising rapidly, and includes many challenging ethical, medical and juridical aspects. We assessed the change in this decision-making over 16 years (from 1999 to 2015) and several background factors influencing physicians’ decision.MethodsA postal survey including a hypothetical patient-scenario representing a patient with an advanced dementia and a life-threatening gastrointestinal bleeding was sent to 1182 and 1258 Finnish physicians in 1999 and 2015, respectively. The target groups were general practitioners (GPs), surgeons, internists and oncologists. The respondents were asked to choose between several life-prolonging and palliative care approaches. The influence of physicians’ background factors and attitudes on their decision were assessed.ResultsThe response rate was 56%. A palliative care approach was chosen by 57 and 50% of the physicians in 1999 and 2015, respectively (p = 0.01). This change was statistically significant among GPs (50 vs 40%, p = 0.018) and oncologists (77 vs 56%, p = 0.011). GPs chose a palliative care approach less often than other responders in both years (50 vs. 63% in 1999 and 40 vs. 56% in 2015, p < 0.001). In logistic regression analysis, responding in 2015 and being a GP remained explanatory factors for a lower tendency to choose palliative care. The impact of family’s benefit on the decision-making decreased, whereas the influence of the patient’s benefit and ethical values as well as the patient’s or physician’s legal protection increased from 1999 to 2015.ConclusionsPhysicians chose a palliative care approach for a patient with advanced dementia and life-threatening bleeding less often in 2015 than in 1999. Specialty, attitudes and other background factors influenced significantly physician decision-making. Education on the identification and palliative care of the patients with late-stage dementia are needed to make these decisions more consistent.

Protection of Russian Citizens Living and Working Abroad: Juridical Aspects

The article is devoted to the problem of protection of Russian citizens living and working in foreign countries, which is relevant in modern Russian jurisprudence. The deterioration of the international situation makes this topic even more relevant, since the rights of Russian citizens abroad are increasingly violated, and existing bilateral agreements are not being implemented. It is proposed to consider the problem of Russian citizens abroad in the complex of protection of group rights, which requires clarifying the concept of group rights, including categories of groups of citizens living in foreign countries, determining the legal status and characteristics of these groups. The creation of a single legal space for individual and group rights should create conditions for the activation of the state and the public’s activities for the legal protection of Russian citizens abroad, and support the cultural and economic ties of Russian diasporas with Russia.

Civil Law and Juridical Aspects in the Distribution of Marriage Joint Property

In a marriage, there is a mechanism that must be borne by both parties if a divorce has occurred, including the distribution of joint property or what we often know as 'gono gini' assets. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the distribution of joint property in marriage is decided based on the Constitution as the legal basis that regulates the mechanism of the divorce process, court decisions require husband and wife to divide their marital property equally. fair and unanimous, because in its stipulations Gono Gini property is an asset that is produced from marriage wealth, the law is absolutely joint property and is used for household purposes, so the conclusion is that the process of dividing joint assets resulting from marriage can be used jointly, but the innate property of each of the proceeds before the legal marriage becomes private property.

THE FALL OF THE BERLIN WALL: MEMORIES AND REFLECTIONS OF A WITNESS THIRTY YEARS LATER

On 9 November 2019 the thirtieth anniversary of the fall of the Berlin Wall which is undoubtedly the most important historical event since the end of the Second World War was celebrated almost all over the world. First of all, this article is dedicated to the historical events that led to the division of Germany in the immediate post-war period, to the evolution of relations between the two Germanys and, at a global level, between the two opposing blocs at the time of the “cold war” up to the fall of the Wall, on behalf of which the author, who was residing in Berlin at the time, also provides direct testimony. In the second part he moves on to examine the short and long term effects of the fall of the Wall for Germany, for Europe and for the whole world. The multiple problematic aspects are highlighted at each of these levels: a) in particular, with regard to the internal events in Germany, attention falls both on the juridical aspects of reunification (whether it was a matter of reunification on an equal basis or rather an “annexation” of the conquered state by the winner) and the social ones (whether the process of social reunification and cohesion – compared with the analogous processes that have taken place in Italy between North and South – can be said to be complete and successful); b) at the European level the influence that German unification has exerted on the integration process is analyzed. The institution of the single currency, the Euro, in the image and likeness of the old German Mark, as well as the expansion of the EU by accepting new members and attracting countries previously belonging to the Soviet bloc to the western one for mostly geopolitical reasons are definitely determined; c) finally, as regards international relations, the article follows the passage from the illusion of the “end of history” and the relaunch of the United Nations on the basis of values and objectives that are now common, thanks to the end of the Cold War, to the current reality of the “new cold war” and the “fragmented third world war”, characterized by the spread of numerous conflicts of different nature.

THE DISTORTION OF GOVERNMENT BUREAUCRACY AND REGIONAL SELECTION

The problem of bureaucratic specialization in the implementation of regional elections as a form of the success of the government bureaucracy is often a problem. The process of implementing regional elections in several regions involving bureaucrats is still not maximal, so that many elected regional heads have not been able to carry out their duties to serve the community properly. On the other hand, bureaucrats must be neutral and supported by qualifications, scientific competence, and fair and reasonable performance without prioritizing political interests, so that their duties can be carried out rationally. The writing of this article was based on juridical aspects, namely Law Number 32 of 2004 concerning Regional Government and Regulation of the Minister of Home Affairs Number 9 of 2005 concerning Guidelines for Regional Government in the Implementation of Regional Head and Deputy Regional Head Elections. This writing intended to describe and analyze the neutrality attitude of government bureaucratic officials to the practice of Regional election power in Jember Regency. The writing method used a normative juridical approach with primary and secondary observation data collection techniques and document analysis. The conclusions of this study were: First, the neutrality of the government apparatus has not yet been carried out. Second, the problem of pressure from the writerities is still common. Third, there is no protection or no clear rules of the game from the involvement of the government bureaucracy in the regional election.

Operational permits and brandings of savings and loan cooperatives and sharia financing (KSPPS) in legal validity perspective

This article described the legal validity of Savings and Loan Cooperatives and Sharia Financing (KSPPS) in East Java Region, especially regarding operational permits and their brandings. Most of them have KSPPS operational permits but in their operations use Baitul Mall Wa Tamwil (BMT) brand. Meanwhile, based on Chapter 2 Article 2 Point 7 of the Regulation the Minister of Cooperatives and Small and Medium Enterprises (SMEs) Number: 11/PER/M.KUKM/XII/2017, it is mandatory for every cooperative branch office and service network to display the cooperative identity either the name or logo, and not the BMT brand. The problem in this study was discussed using legal validity theory from philosophical, juridical and sociologicaldimensions. This was a qualitative research with a sociological, juridical, philosophical approach. Data collection techniques were divided into two, namely literature study to explore legal documents as data to review philosophical and juridical aspects and field studies to explore information from KSSPS in East Java to analyze the sociological aspects of the validity of the Regulation. The findings of the research were: the legal validity of the Ministerial Regulation Number: 11/PER/M.KUKM/XII/2017 from a philosophical point of view is not in line with the legal ideals of cooperatives in Indonesia. While from a juridical side, there is a legal vacuum. In addition, from a sociological dimension, it has not run perfectly due to non-optimal socialization from policy makers.

PUTUSAN PRAPERADILAN YANG MENYIMPANG SECARA FUNDAMENTAL

Pretrial hearing is designed for a simple issue, no more than to control administrative proceedings of criminal enforcement. This can be seen from the simplicity of the pretrial hearing concept in Article 77 of the Criminal Procedure Code. Demands for justice for suspects/defendant led to developments in the pretrial system. However, these developments have a negative side, resulting in idealized norms being modified in such a way as to meet sociological interests, which are not necessarily in line with their philosophical and juridical aspects. The most visible impact is that the Judicial Review against Article 77 of the Criminal Procedure Code results in broading the object of pretrial hearing that has serious implications for the procedure law. The problem in this research is whether the decision of pretrial in assessing the core issue of the case includes "pretrial decisions that are considered fundamentally deviant"? This type of legal research is a normative with a prescriptive nature that re-testing vague of norms against legal theory. The results of the research are the decision of pretrial hearings that assess the core issue of the case is fundamentally deviant, because pretrial hearing only have the authority to "examine" and "decide" meaning that they can only move within the scope / realm of administration only. It is different when a judge is given the authority to "adjudicate", then the court will be allowed to examine the subject matter of the case.

IMPLEMENTATION OF PRINCIPLES IN IDENTIFYING SERVICE USERS REGARDING THE PREVENTION AND ERADICATION OF MONEY LAUNDERING OFFENSE

The implementation of principles of identifying service users and suspicious financial transaction report submission for profession aims to prevent money laundering offense by postponing transaction, blocking, investigating and temporarily suspending transaction which is carried out by PPATK (Financial Transaction Reporting and Analysis Center). The method used in this study was juridical normative or legal doctrinal research, which is a legal research using secondary data conducted by emphasizing and juridical aspects. Legal-normative research is a library research, which is a research on secondary data including private documents, books, and official documents issued by government. The normative approach emphasized juridical issues regarding the legal rules on money laundering offense. The result of the study of the implementation of the principles in identifying service users regarding the prevention and eradication of money laundering offense isidentifyingservice user while having a business relationship involving suspicious financial transaction related to money laundering offense. The informant questions the validity of information provided by the service user, which necessitate the implementation of the principle of identifying the service user in carrying out banking transaction. The factors promoting the occurrence of money laundering offense in various countries consist of 9 aspects, namely: globalization, technological advancement, banks’ strict secrecy policy, the possibility of saving using an alias or anonymous, the emergence of electronic money, the possibility of layering practice, the confidentiality of lawyer-client and accountant-client relationships, the government unseriousness in eradicating money laundering offense and the lack of money laundering criminalization.

Metode Analisis Kelayakan Bisnis Dan Metode HOQ untuk Penyempurnaan Perencanaan Pembuatan Lemari Lekas (Lemari Kayu Serbaguna)

Population growth increase the demand rate on the market, along with increasing family needs, fro examplesuch as wardrobe furniture. Lekas Wardrobe are here to satisfy the needs of customers by paying attention to consumer needs through several studies, namely using HOQ/QFD and Business Feasibility Analysis. This study aims to determine wether the Lekas Wardrobe as a furniture manufacturer is feasible or not to run. By using primary data throught data interviews in the form of questionnaire, HOQ/QFD found tha customer desires are wardrobe that have the adventages of multifunction, quality materials, low prices, beauty, resistance to termites, size and safety. The the product quality that needs the considered is the type of material, the product model, the production cost, the completeness of the product, and the beauty of the shape. In terms of Business Feasibility Analysis, as a product that wants to satisfy customer, tests are carried out from the several aspects that must have a certain the standard of value, but the assessment of the product is not only through an assessment of one aspect. The analytical method used in the Business Feasibility Analysis includes juridical aspects, technical and technological aspects, marketand marketing aspects, financial aspects, organizational aspects, and SKB Assessment (AMDAL) aspects. The result showed that the Lekas Wardrobe is quite feasible to run and has good opportunities and prospects.

„From Scandals of Plagiarism to `Good Scientific Practice´?”

The issue of plagiarism was again put in perspective of the Austrian public at the beginning of the year 2021 and unfolded the need for discussion of the Good Scientific Practice, and strategies for prevention of scientific misconduct at institutions of higher education and research institutions. This article summarizes the online panel discussion of the ZHR at the University of Graz on March 24, 2021, which, from an Austrian and German perspective, addressed the necessary measures for promotion of awareness-raising and imparting of Good Scientific Practice in the context of the keywords responsibility and trust, as well as juridical aspects, especially overlooking the recently enacted UG-amendment 2021, and further existing need to reform.

Hak Notaris Menolak Pembuatan Akta yang Mengandung Unsur Riba dengan Alasan Menjalankan Prinsip Syariat

This study discussed the right of notaries to refuse the creation of deeds containing usuries by reasons of implementing the principles of sharia and the legal implications of notaries based on Article 16 Law on Notary Position. This study was normative research that used conceptual and legislation approaches. Data collection techniques used library studies. The analysis results showed that notaries had the right to refuse the creation of deeds containing usuries based on the theoretical, juridical, and philosophical aspects. Due to the law of notaries that refused the creation of deeds containing usuries, it violates Article Article 16 Law on Notary Position so that notaries could be subject to tieredly administrative action. The Law on Notary Position had not provided legal protection to notaries who practice their profession under the principles of sharia.

Regional Government Authority in Determining Policies on the Master Plan of Tourism Development

This study intends to examine the authority of local governments to regulate regional policies on tourism development master plan. This paper examines the legal issues related to the basis of the authority from philosophical, sociological, and juridical aspects of the formation of policies regarding tourism development plans. This paper focuses on the target, scope, content, and direction of Regional Regulations concerning tourism development plans to establish legislation and prioritizing aspects of the tourism industry, marketing destinations, and culture of Bali Tourism. It is a legal research that uses statutory, philosophical, theoretical, and conceptual approaches. The research resulted that the basis of authority for delegation of formation arrangements is regulated in the Law concerning Tourism, Government Regulation, and Regional Government Law related to the Master Plan of National Tourism Development. The basis of regional government authority in setting these policies is the enactment of local regulations of Bali Province, Badung Regency, Jembrana Regency, and Denpasar City concerning regional tourism development master plan. However, the mandatory obligations for regional government in determining tourism development master plan have not immediately been taken effect by the other regency governments in Bali Province.

Implementation of Corporate Governance in Fraud Prevention in Islamic Banking

The purpose of this article is to analyze the implementation of Bank Indonesia regulations on corporate governance for Islamic banking so as to avoid fraud. The research method in this article is a qualitative research method. The data sources of this article are primary data and secondary data. Primary data was obtained from field research on several Islamic banks, the Financial Services Authority (OJK), and the Corruption Eradication Commission of the Republic of Indonesia (KPK) who were respondents. The secondary data in the form of legislation regarding corporate governance and those related to sharia banking corporate governance, also data on research results from international journals, as well as other relevant literature. The results of the study show that the regulations issued by Bank Indonesia regarding corporate governance for Islamic banking are not in accordance with the provisions of positive law and Islamic law, and there are provisions that allow fraud. Because there is no philosophical basis, there are weaknesses in some juridical aspects, and contain sociological weaknesses.

Implikasi Pasal 32 ayat (2) dan (3) Undang-Undang Nomor 1 Tahun 2011 terhadap Pemenuhan Standar Nasional Indonesia (SNI) Terkait Penyediaan Perumahan oleh Pengembang Real Estate

The enactment of Law Number 1 of 2011 concerning Housing and Settlement Areas (the Housing Act) since 2011 raises several counter-productive potentials for the housing sector in Indonesia. There are new problems related to the application of the Indonesian National Standard and it has implications for housing developers both in terms of technical and juridical aspects, which are interesting to examine in depth. What are the possibilities faced by a housing developer if the requirements for fulfilling the requirements of the Indonesian National Standard must be met by a housing developer? How is the application of Article 32 paragraph (2) and (3) of the Housing Law when faced with realities on the ground? The normative research method is used and is intended to criticize several articles in the Housing Law regarding their implications for housing provision by housing developers with the obligation to use domestic products that must meet the Indonesian National Standard (SNI).

International legal regulation of the employment of artificial-intelligence-related technologies in armed conflict

INTRODUCTION. In recent years, increased attention has been dedicated at the international level to legal issues concerning the possible employment of artificialintelligence-related technologies in hostilities in armed conflict. Most prominently, discussions in the framework of the Convention on Certain Conventional Weapons (CCW) have addressed juridical aspects relative to emerging technologies in the area of lethal autonomous weapons systems.MATERIALS AND METHODS. I analyze contemporary intergovernmental debates in the context of the CCW, international legal frameworks pertaining to armed conflict, and developments in relevant technologies. I do so to trace current trajectories and generate an analytical framework to help apply legal responsibility.RESEARCH RESULTS. A disagreement has arisen among certain States in the context of the CCW as to whether to develop a new primary legal norm or whether existing international humanitarian law is suffi ent. Taking account of that current normative impasse, I propose an analytical framework aimed at ensuring the applicability of international legal responsibility in respect of the employment of AI-related technologies in armed conflict.DISCUSSION AND CONCLUSIONS. Given the range of relevant technologies, the employment of AI in armed conflict may occur across diverse thematic and functional areas: not only in the conduct of hostilities, including weapons, but also detention, humanitarian services, maritime systems, and many other areas. Identification of the general concepts and specific attributes necessary to apply international legal responsibility across the array of implicated areas may help provide a framework through which to respect the law, guide behavior, pursue accountability, and generate areas of greater normative consensus.

Operasi Tangkap Tangan (OTT) Tinjauan Berdasarkan KUHAP Dan Undang Undang Nomor 30 Tahun 2002 Tentang Komisi Pemberantasan Korupsi (KPK)

Fenomena Operasi Tangkap Tangan (OTT) menjadi polemik tersendiri ketika dasar kewenangan tersebut tidak diatur di dalam beberapa undang-undang. Hal ini memunculkan opini bahwa Komisi Pemberantasan korupsi (KPK) telah melakukan pelanggaran dan tindakan yang tidak prosedur dalam pelaksanaannya. Penelitian ini akan fokus pada tiga permasalahan hukum yaitu menganalisa kekuatan hukum tindakan OTT KPK jika di tinjau dari aspek KUHAP dan Undang-Undang Nomor 30 Tahun 2002 tentang Komisi Pemberantasan Korupsi, mengetahui alasan KPK melakukan tindakan OTT terhadap perkara korupsi serta mengetahui idealnya KPK dalam melakukan OTT. Berbicara KPK dalam melakukan tindakan OTT jika di tinjau dari aspek KUHAP dan Undang Undang Nomor 30 Tahun 2002 tentang Komisi Pemberantasan Korupsi sebenarnya tindakan OTT KPK tidak memiliki dasar hukum kuat dari aspek yuridis hukum pidana menimbulkan masalah pelanggaran prinsip due process of law mengingat OTT tidak diatur di dalam undang-undang KPK dan juga KUHAP, dan alasan KPK melakukan tindakan OTT terhadap perkara korupsi disebabkan tipe atau kualitas sasaran korupsi bukan merupakan tindak pidana yang sederhana oleh sebab itu perlunya dilakukan OTT, dan idealnya KPK dalam melakukan OTT, maka harus dibutuhkan sistem administrasi perkara yang baik mulai dari tahap pengumpulan data dan informasi yang berpijak pada sumber informasi yang akurat dan dapat dipercara, setelah itu melaksanakan penyelidikan sesuai dengan SOP yang sudah ditentukan kemudian pada tahap eksekusi seperti melakukan pemantauan, undercover, penyadapan lalu OTT kewenangan tersebut harus sesuai di dalam peraturan perundang-undangan. Sebaiknya dasar hukum Operasi Tangkap Tangan harus segera dimasukan di dalam instrument pasal dalam undang-undang KPK agar kewenangannya pun tidak dipermasalahkan.