Juridical Consequences Research Articles

Juridical Study of Bank Secrets Regarding Collective Assets in the Form of Deposits post Constitutional Court Ruling Number 64/Puu-X/2012 Concerning Customer Data and Their Savings for the Purpose of Division of Gono Gini's Property in a Civil Divorce Cases

Joint assets are assets or wealth obtained during the marriage. Even though the property was obtained from the husband's work alone, the wife still has the right to joint property. So joint property, whether the property belongs to the husband or wife, has the same rights and obligations regardless of whether it is registered in anyone's name and all legal actions regarding joint property must obtain the approval of both parties. The type of research used is normative legal research. The issues raised are regarding the juridical consequences of the exception of bank secrecy for joint assets following Constitutional Court Decision Number 64/PUU- X/2012. The result of this research is that the issuance of the Decision of the Constitutional Court of the Republic of Indonesia regarding the Judicial Review of Article 40 of the Banking Law has the juridical consequence that banks can disclose customer data for the purposes of civil cases regarding joint assets in divorce cases, so that the form between the bank and the customer contains a clause regarding prohibitions. For banks to disclose customer information, the application still has to follow the results of the Constitutional Court Decision Number 64/PUU-X/2012 because since that decision, Article 40 of the Banking Law has automatically had its contents changed according to the contents of the MKRI decision resulting from the judicial review of the banking law. Amendments to Article 40 paragraph (1) of the Banking Law as stated in Article 14 number 38 of Law Number 4 of 2023 can be submitted as guidelines for disclosing customer data for judicial purposes in civil cases including general courts and religious courts, which include for judicial purposes regarding joint assets in divorce and in order to fulfill the recovery of assets. From the explanation above, legal certainty can be obtained that after the Constitutional Court Decision Number 64/PUU- Joint assets in a divorce case can demand or reveal bank deposit data from their partner.

The Hidden Dangers of Land Disputes: Why Proof of Ownership Matters in Civil Lawsuits

One of the legal issues regarding civil lawsuits related to land and building rights is "whether or not the description of evidence of ownership of land and building rights is mandatory in the description of the lawsuit". This still causes dualism because there is a legal vacuum in this regard. The objectives of this article are: 1) Analyze the position of the description of proof of ownership in a lawsuit regarding land and building rights issues; and 2) Analyze the ratio decedendi regarding the parsing of proof of ownership in a lawsuit regarding land and building rights issues. This research is doctrinal research with statute, conceptual, and case approaches. The results of this study are, first, related to the description of evidence of ownership of land rights in the lawsuit as a formal requirement of the lawsuit in the issue of disputes over land and building rights is an obligation then the lawsuit can be qualified as an obscure lawsuit (obscuur libel), and of course the juridical consequence is that the lawsuit cannot be accepted (niet ontvankelijke verklaard). Second, from the consideration of the panel of judges in the Cibinong District Court Decision Number 216/Pdt.G/2023/PN Cbi. and District Court Decision 15/PDT.G/2011/PN. GORONTALO, it can be concluded that according to the Panel of Judges, the description of evidence of ownership of land rights in the lawsuit is a formal requirement that must be fulfilled.

Literature review about Forensic Toxicology and Poisoning

The field of toxicology is the research and investigation of the properties, processes fatalities, effective dosage, recognition, evaluation, and deductive reasoning of the results of toxicological tests, in addition to the handling of poisons. Forensic toxicology focuses on the therapeutic and juridical consequences of contaminants' harmful effects on people. If a material penetrates into the human body or comes into contact with any portion of it, regardless of whether it is solid, liquid, or gaseous, it is deemed toxic. The local the surroundings, the body's structure, or both may have an impact on poisoning. Because even compounds that seem safe in little quantities can become lethal when taken in large quantities, and because toxins generated through bacteria aren't typically regarded as toxic substances, the concept of poison comes with an imprecise and inappropriate definition. Based on a forensic perspective, it is crucial to understand that there are two approaches taken in the criminal investigation of the poisoning case. In the first case, it's crucial to ascertain the kind of damage caused and the poison's consequences; in the second, on the other hand, it's critical to locate the perpetrator and ascertain their reasons. Poisoning may sometimes result in death, but it can also have long-term health implications on the victim. This suggests that law enforcement investigations into contamination are a very complex procedure involving experts spanning multiple disciplines.

Juridical Consequences of Anticipatory Breach as a Form of Breach of a Contract

Default is a condition in which one of the parties does not carry out or fulfill obligations to the other party as specified in an agreement. In addition, there are several forms of default: not doing something at all, doing something but it is too late, doing something only partially, and doing something prohibited. The concept, the forms, and the consequences of default are often encountered in various literature and legal experts' opinions, unlike the concept of Anticipatory Breach, which is a form of breach of contract/default that exists universally in contract law. In Indonesia, no positive legal provisions accommodate the Anticipatory Breach concept in the form of default. Its nonexistence becomes interesting from the point of view of contract law, where sometimes the parties to the agreement directly or indirectly commit a form of anticipatory breach in implementing the agreement. So that this will raise a question how the impact of an anticipatory breach on the sustainability and implementation of the agreement that the parties have made.

Constitutional Values And Judges Morals In The Decision of The Constitutional Court Number 90/PUU-XXI/2023: Review of The Flow of Natural Law

The decision of the Honorary Council of the Constitutional Court stated that the Constitutional Court judges who examined case Number 90/PUU-XXI/2023 were proven to have violated the right to refuse. The right to refuse is part of the independent and impartial principle of the Constitutional Court. There has been a conflict of interest between the norms being tested and the Constitutional Court judges. Conflicts of interest are constitutional and moral violations. What are the juridical consequences of Constitutional Court Decision Number 90/PUU-XXI/2023 which violates the constitution and morals from the perspective of natural law philosophy? This research uses a normative juridical research method with a conceptual approach, a statutory approachs and a case approach. The results of the discussion have found that in the MKMK decision that the judge consciously and deliberately ignored constitutional principles regarding the right to refuse in Law Number 48 of 2009 concerning Judicial Power. Overruling the right to refuse is tantamount to overruling constitutional principles. Judges place constitutional values in practice as semantic values. Apart from that, there was a moral violation which was assessed by the lack of awareness not to review case Number 90/PUU-XXI/2023 due to a conflict of interest. Awareness comes from conscience and is closely related to integrity, independence and impartiality. The integrity of judges as enforcers and guardians of the constitution is at stake. Moral and legal principles in the constitution are two things that go hand in hand in natural law philosophy.

RECOGNITION AND ENFORCEMENT OF FOREIGN COURT DECISIONS IN THE CASE LAW OF THE CONSTITUTIONAL COURT OF REPUBLIC OF KOSOVO

Background: To respect international cooperation, human rights and legal certainty, it is possible to recognise the legal effects of foreign judicial decisions in another state, provided that the procedure for recognising a foreign judicial decision takes place and that such court decision fulfils the requirements set by local legislation. Recognition, as a concept, entails acknowledging the rights and obligations established in the originating jurisdictions and accepting juridical consequences. Enforcement, on the other hand, means fulfilling the obligation, allowing the creditor to realise his/her right and to ensure that the debtor has obligations and obeys the decisions that have already been made. International collaboration should facilitate the codification of Kosovo's legal framework on private international law, allowing for the recognition and enforcement of foreign decisions to be less complicated, more extensive, and more easily applicable. In comparison to prior solutions, the new law makes significant adjustments. Previous norms are being abandoned in favour of open links and jurisdictional criteria. Some prior solutions are preserved and, if necessary, changed and improved. Methods: The doctrinal approach involves the systematic identification, collection, and application of legal literature within the domain, encompassing statutes, texts, articles, and scholarly research by both local and international authorities. Additionally, the method involves a meticulous analysis of judicial practices, evaluating the practical implementation of legal standards and their judicial interpretations. Through examining legislation, our approach not only identifies legal issues but also furnishes a scholarly interpretation of the laws governing the field of study and its related institutions. Results and conclusions: Kosovo, as a relatively new state, has established a legislative framework through which it attempts to address problems and the path that must be taken in the implementation of foreign judgments. In general, the goal of having a democratic and well-developed society also means respecting the rights and decisions of foreign citizens, the rights that originate from the judicial decisions of international courts and the internationally accepted conventions. The harmonisation of the legislation and its compliance with ECHR conventions creates real opportunities for Kosovo to be ranked among the countries that respect these decisions. The legal system of Kosovo, as well as decisions made by the Constitutional Court, have produced results that can be used to influence future cases. The codification of private international law in Kosovo means that numerous circumstances will now have a legal basis for implementing foreign decisions.

Bank Indonesia Independence after the Existing of Law Number 4 of 2023

This study aims to find the juridical consequences of enacting Law No. 4 of 2023 on Bank Indonesia's Independence. This research is normative juridical research. Secondary data is used in this study. Secondary data divides of primary and secondary legal materials. Data analysis uses qualitative analysis, which is regulative and conceptual. This study aims to determine the position of Bank Indonesia's Independence as a juridical consequence of the enactment of Law No. 4 of 2023. This research is limited to a study based on secondary, not primary data

Enhancing the Supervisory Board of the Corruption Eradication Commission: Insights from Hong Kong, United Kingdom, and European Union

<div class="WordSection1"><p><em>Establishing the KPK Supervisory Board as a juridical consequence of Law Number 19 of 2019 is an effort to improve KPK's supervisory system. But its formation has caused many pros and cons in the community. The existence of this board is considered to weaken and hinder the performance of KPK. This study analyzes the position of the KPK Supervisory Board after Constitutional Court Decree Number 70/PUU-XVII/2019 concerning reducing the pro-Justitia authority of the Supervisory Board regarding the comparative study involving several countries. This study uses legal research with comparative and statutory approaches. The study results show that the KPK Supervisory Board, as the KPK's internal supervisory body, still requires adjustments by adopting the supervisory mechanisms implemented by comparator countries relevant to the Indonesian Legal System. Some of these are related to the mechanism of monitoring and evaluation of the performance of the KPK Supervisory Board and the KPK itself.</em></p></div>

Protection of property right to real estate in case of refusal to provide its primary state registration: the conceptual problems in light of the Constitutional Court of Ukraine conclusions

The article deals with determination of the problem aspects of juridical possibility (admissibility) or impossibility (inadmissibility) of protection of property right to real estate in case of refusal of registration subject (particularly state registrar) to provide the state registration of such a right within juridical mechanism of the original right-acquisition. The author highlights the essence of right-establishing and right-proving conceptions of state registration in sphere of real estate civil circulation. The legal opinions formulated in the judgment of the Constitutional Court of Ukraine of November 16, 2022 in case No 3-270/2019(6302/19) are analyzed. It is concluded that taking into account the subject-matter of the case had been listened by the Constitutional Court of Ukraine the conclusions made by the court deals mostly with the juridical consequences of nullification of right registration decision particularly in aspect of interference with the right, concepts of legal certainty and a fair balance. It is stated that the conclusions made by the Constitutional Court of Ukraine characterizes the conceptual limitation of protective possibilities of participants of real estate civil circulation. On the one hand the probability of taking away the power of the Ministry of Justice of Ukraine and its territorial bodies to nullify (to abolish) the state registrar decisions relates to cancelation of the legal mechanisms of administrative protection of rights to real estate including the property right in case of refusal of registration subject (particularly state registrar) to provide the state registration of such a right within juridical mechanism of the original right-acquisition. At the same time on the other hand the conclusions made by the Constitutional Court of Ukraine do not solve finally the problem of possibility or impossibility of protection of property right to real estate in case of refusal of registration subject (particularly state registrar) to provide the state registration of such a right within juridical mechanism of the original right-acquisition. Key words: protection of the rights, real estate, refusal of rights registration, nullification of right registration decision.

Law No 4 Of 2023 Reviewed From The Perspective Of Insurance Customer Protection

Objective: This research aims to analyze the juridical consequences of the enactment of Law No. 4 of 2023 on the explicit legal Protection of insurance customers in Indonesia.
 
 Methods: This type of research is normative research. The research uses secondary data consisting of primary and secondary legal materials. The data analysis technique uses qualitative data analysis, and the conclusion drawing technique uses deductive.
 
 Result: The research results show that the PPSK Law mandates the existence of a Policy Guarantee Institution under the Deposit Insurance Corporation. The regulations in the PPSK Law relating to the Deposit Insurance and Insurance Agency provide positive juridical consequences for explicit legal Protection for insurance company customers.
 
 Conclusion: The regulations in the PPSK Law relating to the Deposit Insurance and Insurance Agency provide positive juridical consequences for explicit legal Protection for insurance company customers, relevant to the theory of legal objectives for benefit that animates the formation of the PPSK Law.

Penerapan Pasal 49 Ayat 1 Kuhp Dalam Tindak Pidana Penganiayaan (Studi Putusan No.32/Pid.B/2021/PN DGL)

Introduction: Perpetrators of persecution should be subject to punishment as stipulated in the criminal law code, Article 351 Paragraph 1 of the Criminal Code. The defendant abused the victim, the torture was carried out in a forced defense because he felt his safety was threatened.Purposes of the Research: So it raises the problem of how to apply noodweer in Article 49 Paragraph 1 of the Criminal Code as a reason for abolishing the crime? What are the juridical consequences in the judge's consideration of the forced defense of the crime of persecution.The purpose of the study is to find out the application of noodweer in Article 49 Paragraph 1 of the Criminal Code as the reason for the abolition of the crime. To find out the juridical consequences in the judge's consideration of the forced defense of the criminal act of persecutionMethods of the Research: The problem approach used is the conceptual approach, statutory approach and case approach. The legal materials used are primary legal materials and secondary legal materials. Collection of legal materials using literature and then analyzed using quantitative analysis methods.Results of the Research: Based on the results of the research and discussion that the application of noodweer when viewed from the cases taken by the author has been implemented properly and is used as one of the reasons for abolishing a crime, where the reason is a justification but not a reason that justifies the actions of the perpetrator who violated the law, but rather someone is forced to commit an act punishment can be forgiven because there was a violation of law that preceded the act. However, not all actions that are considered as self-defense can be accepted by criminal law as a reason for criminal abolition. Because an act in the noodweer context must comply with the elements specified in Article 49 Paragraph 1 of the Criminal Code. The defense outside the elements specified in Article 49 Paragraph 1 of the Criminal Code is still possible for the offender to be subject to a criminal sentence. That there are no legal consequences for the perpetrators who are considered to have fulfilled the elements in Article 49 Paragraph 1 of the Criminal Code which says: "not convicted, whoever makes a defense is forced to himself or others, the honor of decency or property of himself or others, because any imminent attack or threat of attack at that time would be against the law.” If an act does not meet the elements in that article, then the perpetrator can be criminalized because it is not included in forced defense.

Sengketa Kewenangan dalam Proses Likuidasi Boedel Pailit antara Kurator dengan Kejaksaan Republik Indonesia

The dispute over execution authority between general confiscation in bankruptcy law and criminal confiscation in criminal law is a classic problem that until now has not found a solution because each of these legal dimensions has its own legal certainty. On the criminal law side, criminal confiscation is a natural thing considering the procedural law regulates this matter. Likewise on the side of bankruptcy law, where general confiscation is a juridical consequence of the debtor's bankruptcy determination. This problem then becomes an irony because both general confiscation and criminal confiscation applied in a case are efforts that both uphold the interests of creditors or victims. This study will concentrate on the issue of protecting creditors from the problem of overlapping authorities to liquidate estates in bankruptcy. Both normative legal research approaches and qualitative analytical techniques will be used in this study. It is intended that this research will not only increase readers' understanding but also serve as a legal construction solution for associated parties to address authority conflicts throughout the liquidation process. estate insolvent. Keywords: General Confiscation; Criminal Confiscation; Creditor Protection.

The Position of the Report on the Accountability of Regional Heads to the Regional People's Representative Council According to Law of the Republic of Indonesia Number 23 of 2014 Concerning Regional Government

Regional heads carry out the implementation of regional government. Regional people's Representative Counsil (DPRD) and Regional Heads have an equal position. In contrast, on the other hand, the DPRD is also a regional legislative institutions; this has been limitedly regulated in the Law of Republic Indonesia number 23 of 2014 concerning Regional Government. Regional head submits a statement of accountability report (LKPJ) to the DPRD at the end of each fiscal year and the end of term of office. The problem is how the report of Accountability Information (LKPJ) of Regional heads to the DPRD in the implementation of regional government according to Republic Indonesia Law Number 23 of 2014 concerning Regional government. normative research method is used in this paper. the result of this study is that the Regional Head conveys the LKPJ of the head of DPRD in the implementation of local government, both decentralization government affairs, and assistance duties at the end of ech fiscal year and at the end of the regional head term of office, there are no juridical consequences for the rejection or non acceptance of the Regional Head LKPF to DPRD.

Penyelesaian Tindak Pidana yang Dilakukan Anak Melalui Diversi Dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak

In the Indonesian constitution, children have a strategic role: "The state guarantees the right of every child to survival, growth, and development as well as protection from violence and discrimination". Children are an integral part of human survival and the survival of a nation and state. Therefore, children's best interests should be internalized as the best interests for the survival of mankind. The consequences of the provisions of Article 28B of the 1945 Constitution of the Republic of Indonesia need to be followed up by making government policies aimed at protecting children. To protect the interests of children, the state established Law Number 23 of 2002 concerning Child Protection, amended by Law Number 35 of 2014 concerning Child Protection. More specifically the state also regulates the protection of children who commit crimes. in Law Number 3 of 1997 concerning Juvenile Court which was replaced by Law Number 11 of 2012 concerning the Child Criminal Justice System; however, even though the law has been formed, especially in the settlement of criminal acts committed by children through diversion, there are still weaknesses and legal vacuum. The first formulation of the problem in this study is What are the requirements for a crime that can be diversified in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System? and the second formulation of the problem is What are the juridical consequences if diversion is not carried out by law enforcers in Law Number 11 of 2012 concerning the Child Criminal Justice System? To analyze these problems, the researcher used normative research by reviewing and analyzing laws and regulations related to the settlement of crimes committed by children through diversion in Law Number 11 of 2012 concerning the Child Criminal Justice System.

Juridical Consequences of Expansion of the Object of the State Administrative Court Towards the Application of the General Principles of Good Governance in Indonesia

After the emergence of Law Number 30 of 2014 concerning Government Administration, there has been an expansion of the meaning of State Administrative Decrees. The expansion of this understanding is very necessary because the object of the State Administrative Court is becoming increasingly broad. However, the widening of the object does not necessarily guarantee that the state administration will run in line with the General Principles of Good Governance. This research was made with the aim of knowing the expansion of the meaning of State Administrative Decisions after the emergence of the Government Administration Law and good governance after the emergence of the Government Administration Law. The research method used is normative juridical with a statutory approach. Sources of data used are primary legal materials, secondary. It was analyzed qualitatively, and the existing data was obtained through literature study data collection methods. In this study, the results were obtained that there was indeed an expansion of the meaning of State Administrative Decrees after the emergence of Law Number 14 of 2014 concerning Government Administration. As well as the expansion of the meaning of the State Administrative Decree has a very close relationship with the realization of the General Principles of Good Governance. This principle has been used as a basis for the government to carry out its duties and has become a judicial test tool when assessing government actions.

Adultery as a Complaint Offense in Overcoming Free Sex Behavior

Globalization has a global meaning which is likened to freedom. Many foreign cultures have entered, even though these cultures are not in accordance with our Eastern culture. For example, the culture of free sex behavior that is widespread in Western culture is not to our culture and is contrary to the foundation of our country, Pancasila. Indonesia has six officially recognized religions, namely Islam, Protestant Christianity, Catholic Christianity, Hinduism, Buddhism, and Confucianism. The majority of official religions in Indonesia give the view that free sex is a deviant behavior. The opening of the 1945 Constitution in the third paragraph states that it is the grace of God Almighty and so on. That is, this view has juridical consequences for all laws and regulations which must refer to and originate from theological values, namely the value of Belief in the One and Only God. With the expansion of the offense of adultery in the new Criminal Code that "adultery for men and women who are not married (not legally married) can also be punished", meaning that the new Criminal Code has referred to and sourced theological values ??as a basis for expanding the meaning of adultery, namely by the principle of Belief in the One and Only God in Pancasila. However, the formulation of complaint offenses in the new Criminal Code which limits only family members who can complain needs to be reviewed again for a criminal law policy in the context of tackling free sex behavior which is currently engulfing Indonesian society. Because by being limited to only the family who can complain, this is of course the same as opening up the family's disgrace, so there is a possibility that there will be no complaints. In addition, it is not right to limit only family members who can make complaints because they are considered the victims who are most affected. So actually it can also be assessed that the most affected by this free-sex behavior is not only the family but it must be interpreted that there is a "society" (or "community morals") as victims. When viewed in the context of collective morality, society suffers greatly because the quality of life together has decreased in quality or is referred to as moral degradation.

Juridical Consequences of Article 17 Paragraph (3) of Sekadau Regency Regional Regulation No. 8/2018 on the Recognition and Protection of Customary Law

Recognition and protection of Indigenous Peoples already exist in the Indonesian Constitution, especially Article 18B and Article 28I of the 1945 Constitution which recognize Indigenous Peoples, so the regions should support them. The object of this research is the existing Regional Regulation in Sekadau Regency, namely Regional Regulation No. 8/2018, especially Article 17 paragraph (3), this research intends to analyze the provisions of the article supporting the recognition and protection of MHA or actually burdening MHA to fight for their rights, so that the process of administrative requirements becomes increasingly complicated. A Regional Regulation (hereinafter referred to as Perda) regulates the recognition and protection of indigenous peoples in Sekadau District. The number of indigenous peoples that have been recognized by the Perda is 5 (five), even though there are many indigenous peoples in the district. This research uses normative legal research methods, then a descriptive approach, then the sources needed by this research are secondary data. Secondary data includes primary legal materials and secondary legal materials, processed and analyzed using qualitative methods. This research found that the regulation of Regional Regulation Number 8/2018, especially Article 17 paragraph (3) has not been adhered to optimally. This is because there are inhibiting factors in the form of the funds required are not small and the Government has not carried out its obligations to the rights of MHA in Sekadau Regency optimally in terms of providing assistance to MHA in fighting for the recognition of the existence of MHA.

Juridical Consequences of Article 17 Paragraph (3) of Sekadau Regency Regional Regulation No. 8/2018 on the Recognition and Protection of Customary Law

Juridical Consequences of Article 17 Paragraph (3) of Sekadau Regency Regional Regulation No. 8/2018 on the Recognition and Protection of Customary Law

Furlough: Labour Law’s Global Response to the Pandemic

During the global pandemic, ‘furlough’, a generic term used to describe a temporary lay-off and/or short-time working scheme, subsidized by public means in order to enable job retention, became a widely used phenomenon. But where did this concept come from? And, what legal status do such schemes have? Whilst the world hurried to manage the potential economic and social impact of the coronavirus pandemic, were existing legal rights and obligations overlooked? To that end, this paper will compare the variant job retention schemes used for the furloughing of workers. Arguably, such temporary lay-offs/short-time working, ‘furlough’ schemes have both social and economic impact at local, regional and national levels. Within such a contemporary debate, this paper will therefore comparatively evaluate the ‘furlough’ concept and navigate through the variant furlough impact typology. Overall, the paper will review how furlough schemes enabled a supervening employment policy intervention to either reshape the existing labour law measures or to emphasize existing rights and/or entitlements with no juridical effect. Regardless of its impact and legal status, ‘furlough’ has been heralded as labour law’s response to the global pandemic.

ANALYSIS OF THE FUNCTION OF THE PROSPERITY'S COMMISSION IN SUPERVISING THE BEHAVIOR OF PROSPECTORS IN INDONESIA

With the power possessed by the Attorney General of the Republic of Indonesia, this institution has considerable powers in the field of prosecution and in administering state power. To minimize the occurrence of the Authority of State Power that exceeds the limit, usually, every State Institution must have limits through the Internal and External Oversight Board. It becomes a problem/issue when the external oversight agency, in this case, is the KKRI, where the results of the oversight carried out by the agency are in the form of recommendations, not followed up by the Attorney General or the President. The purpose of this study is to know the Authority of the Prosecutor's Commission and the legal consequences that arise in carrying out its duties and functions. The research method used is normative juridical. The results of this study are that the Prosecutor's Commission in Supervision has the authority to provide recommendations on alleged violations of ethics or the Prosecutor's behavior, but these recommendations do not have coercive power to be carried out like the form of supervision carried out by the Ombudsman which has juridical consequences if not implemented in the form of administrative to criminal sanctions, so it is necessary to strengthen normatively by providing legal consequences if the recommendation is not implemented by the Attorney General or the President.