Juridical Legal Research Methods Research Articles

Relevansi Single Presence Policy dalam Menjaga Kesehatan, Ketahanan, dan Daya Saing Perbankan Indonesia Menghadapi Resesi

Abstract. The Single Presence Policy (SPP) was implemented in Indonesia since 1998 with the aim of maintaining the stability and resilience of the national financial system. Amid the threat of a predicted global recession, the relevance of SPP in maintaining the health, resilience, and competitiveness of Indonesian banking becomes important to be studied. This research uses a normative juridical legal research method with a qualitative approach. Data was collected through library research and analyzed descriptively. The purpose of this research is to analyze the relevance of SPP in maintaining the health, resilience, and competitiveness of Indonesian banking in facing a recession. The research results are expected to provide input for regulators and banks in formulating appropriate policies to maintain the stability and resilience of the national financial system. Keywords: Single Presence Policy, bank health, bank resilience, bank competitiveness, recession).

Policy on Criminalisation of Necrophilia Behaviour: Case Study of Junior High School Students in Mojokerto

This tragic story involves a young man named M. Adi (19 years old) in Mojokerto, East Java, who was desperate to rape the corpse of junior high school student AE (15 years old). This incident occurred after his life was taken by his classmate, AB (15 years old). Adi raped AE's corpse twice, as the victim's life was taken by AB. Adi's motive was lust. The young man worked as a labourer in an iron factory, earning around Rp500,000 per week. This case began with AB's murder in the rice field behind his house. AB then took AE's body on a motorbike belonging to the victim's uncle to his parents' house. There, Adi was invited by AB to help dispose of AE's body. Adi raped the victim's body twice in an empty house. AB confessed his actions to the police and explained that Adi committed the rapes when he went to buy raffia rope to tie the plastic sack that would be used to wrap the victim's body. This case revealed a cruelty and perversion of behaviour that was deeply disturbing, and society and the law responded strongly to it. Corpse rape, or necrophilia, is a highly reprehensible act that goes against moral and ethical values. Involving sexual acts against a dead human body, which lacks the ability or awareness to consent or engage in the relationship, necrophilia violates basic human principles and social norms held by society. This case also highlights the lacunae in the law regarding necrophilia. While there is a threat of punishment for individuals who engage in corpse rape or mutilation, the existing arrangements have not been specific and explicit enough in addressing acts of necrophilia. Therefore, it is important to consider criminalising necrophilia more explicitly in order to address such inhumane acts and protect human dignity even after a person has passed away. This research applies the normative juridical legal research method to analyse the criminalisation policy of the act of intercourse with a corpse in the case of a junior high school student in Mojokerto, with reference to Criminal Law and Pancasila. A case approach is used in analysing the criminalisation policy of Necrophilia from the perspective of Criminal Law and Pancasila.

Analisis Yuridis Penyelesaian Tindak Pidana Pencurian Arus Listrik di PT Perusahaan Listrik Negara: Persero Unit Layanan Pelanggan Tanjungbalai

The increasing human need for electricity has led to an increase in various modes of electricity theft. The aim of this research was to determine the resolution of the crime of electric current theft at PT PLN Tanjungbalai city. The research method used is a normative juridical legal research method (normative law research), namely a legal research method by examining the implementation or implementation of positive legal provisions (legislation) and factual contracts in every legal event and achievement of goals in society. The data collection technique uses literature review as secondary data by discussing Law Number 30 of 2009 concerning Electricity and interviews as primary data to determine the resolution and prevention of acts of electricity theft in the city of Tanjungbalai. The steps taken by PT. PLN Tanjungbalai City in resolving the criminal act of electricity theft are based on the provisions stated in PT. PLN Directors Regulation Number 0028 to provide a deterrent effect and fear to the individuals who carry out the theft. PT. PLN Tanjungbalai city also carries out prevention by providing outreach about electricity to the community as an effort to increase understanding and awareness of sanctions for committing violations.

Akibat Kealpaan Pemilik Lahan Yang Memasang Aliran Listrik

Introduction: In criminal law, willfulness (dolus) is the desire and understanding that an action and its consequences occur, while negligence (culpa) is unintentional where caution is required of everyone, so as not to result in negligence resulting in death.Purposes of the Research: The purpose of this study is to discuss and analyze the consequences of the negligence of the land owner who installed electricity resulting in the death of people.Methods of the Research: By using normative juridical legal research methods (legal research). Type of descriptive analysis research. The problem approach consists of a statute approach, a conceptual approach, and a case approach. Sources of legal materials consist of: a) primary legal materials, namely the book of criminal law (KUHP), b) law number 30 of 2009 concerning electricity. Secondary legal materials, namely: doctrines, legal literature theories, research results and scientific articles. Tertiary legal materials are legal dictionaries, Indonesian language dictionaries, and websites. The collection and analysis of legal materials is to collect data, compile it methodically and then analyze it qualitatively to get clarity about the problems at hand.Results of the Research: The results of this study are that due to the negligence of the land owner who installs electricity which results in the death of people, it can be categorized as a crime, where due to negligence or negligence the perpetrator flows his garden fence with high-voltage electric current and does not return to turn off the electricity in succession. Consecutive for two days, and did not notify the local community so as to result in the death of someone. Criminal liability of perpetrators of criminal acts of negligence resulting in the death of another person is regulated in Indonesian positive law regulated in Article 359 of the Criminal Code (KUHP) which restrictively reads: "Anyone who because of his mistake (negligence) causes another person to die, is threatened with the death penalty. Imprisonment for a maximum of five years or a maximum imprisonment of one year”.

IMPLIKASI YURIDIS REMISI BAGI NARAPIDANA KASUS TINDAK PIDANA KORUPSI (STUDI KASUS DI LEMBAGA PEMASYARAKATAN KELAS IIA MATARAM)

This research aims to analyze the regulations for granting remissions to corrupt convicts in the perspective of Law of the Republic of Indonesia Number 22 of 2022 concerning Corrections and to examine how the criteria for granting remissions for prisoners in Corruption Crime cases are regulated according to the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 7 of the Year 2022 Concerning Requirements and Procedures for Implementing the Rights of Prisoners and how to implement Remission for prisoners in Corruption Crime Cases at the Mataram Class II A Correctional Institution. Formulation of the problem; (1) What is the mechanism for granting remission to corrupt convicts according to Law of the Republic of Indonesia Number 22 of 2022 and (2) What are the juridical implications of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 7 of 2022 in fulfilling the right to remission for Corruptor Convicts. This research uses empirical juridical legal research method that focuses on researching applicable laws and regulations and their application in the field. Based on the results of the research conducted, it can be seen that remission is a reduction in the period of serving a sentence given to prisoners and children who meet the requirements specified in the provisions of the regulations per the Law. The conditions for obtaining remission as regulated in Law of the Republic of Indonesia Number 22 of 2022 concerning Corrections are: having good behavior, actively participating in a coaching program, and having demonstrated a reduced level of risk. For Corruption Case Convicts, JC (Justice Collabulator) is no longer required but is still required to pay the fine and/or replacement money in full

Implementation of Criminal Sanctions Policy in Efforts to Prevent and Handle the Crime of Human Trafficking (TPPO) Based on the Theory of Justice

The crime of trafficking in persons is considered a new crime in the legal system in Indonesia even though the act of trafficking in persons has been occurring in Indonesia for a long time. This research uses empirical juridical legal research methods, namely legal research regarding the enactment or implementation of normative legal provisions in action at each specific legal event that occurs in society. This research aims to determine criminal sanctions to prevent criminal acts of human trafficking (TTPO), current efforts to prevent and handle criminal acts of human trafficking (TTPO) as well as the implementation of criminal sanctions policies in efforts to prevent criminal acts of human trafficking (TTPO). The results of this research state that Law Number 21 of 2007 concerning the Crime of Human Trafficking is the legal umbrella in this case. In this case, it is known that the formulation of the criminal sanction policy for the crime of trafficking in persons which will be included in the National Criminal Code Bill must be much better than the formulation of the crime of trafficking in persons in positive law. The application of criminal sanctions in efforts to prevent criminal acts of human trafficking (TTPO) is based on the theory of justice stated thar justice can change but the essence of justice always exists in human life and social life.

Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice

<p>This article aims to analyze the nature of criminal responsibility and criminal law reform in ODGJ criminal responsibility which is oriented towards the theory of dignified justice. The urgency of this study is that the application of the formulation of offenses in the provisions of Article 44 of the WvS Criminal Code is not appropriate for perpetrators of criminal acts who are malingering, lack of legal protection to victims. Therefore, a reform of criminal law is needed. In the preparation of this research using normative juridical legal research methods carried out through literature review as the basic material for analysis. The result of the discussion of this study is that the reform of criminal law, especially in ODGJ criminal liability which has been regulated in Article 38 <em>juncto</em> Article 39 of the National Criminal Code, where the rule of law is more appropriate, and has been oriented towards the theory of dignified justice. In addition, it is also necessary to pay attention to the role of relevant law enforcement officials such as the Police and Hospitals which in this case issue <em>Visum et Repertum</em> (<em>VeR)</em>, because correct law enforcement is also needed from law enforcement officials.</p>

KEBIJAKAN PEMERINTAH DALAM UPAYA PENCEGAHAN DAN PEMBERANTASAN MAFIA TANAH

The land mafia is an extraordinary crime that is now increasingly rampant, so serious action is needed from the government and related stakeholders as well as the community in efforts to prevent and eradicate it. This paper discusses the policies carried out by the government and innovations in efforts to prevent the rise of the land mafia. This paper discusses the policies carried out by the government and innovations in efforts to prevent the rise of the land mafia. Methods used using empirical juridical legal research methods. This paper concludes that the government has made a policy in tackling land mafia, as well as innovating land services as a preventive measure. It requires collaboration from all parties as well as integrity from legal actors as well as public awareness and concern.

Legal Strength of Peace Deeds Made by Notary in Efforts to Settle Civil Law Conflict in Indonesia

The peace that has been made by the disputing parties, in the presence of a notary with a notarial deed, is expected to end the dispute, provide legal certainty between those who are in dispute. The peace deed is also expected to provide legal certainty, benefit and provide justice between those who are in dispute and for their future descendants. Thus it will create a calm life, peace and harmony between those who are at odds. However, if the peace deed that has been made between them, especially what has been made before a notary with a notarized peace deed, can then be disputed again, the problem raised in this study is the legal force of the peace deed made by a notary in an effort to resolve civil law conflicts in Indonesia. In the example case of the Gianyar District Court decision No. 54/Pdt.G/2015/PN.Gir. To answer these problems, normative juridical legal research methods are used with prescriptive research methods. The results of the analysis and research are that the binding power of a notarial peace deed in proof is a deed that has the power of a judge's decision at the final level. The peace deed that was made was also useless and violated the sense of justice of the parties who made it in good faith. Of course this will also cause doubts both among the parties and in society. Therefore, understanding and clarity are needed regarding the nature of the peace itself and the binding power of the notarized peace deed in proof in court. Extensive knowledge so that the word published does not cause problems in the future for the parties involved.

PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA RENTAL MOBIL AKIBAT PENYEWA YANG BERIKTIKAD TIDAK BAIK

The reason behind this research is the delay in returning the rental car that is not in accordance with the agreed time limit in the practice of car leasing. This research examines the problem of how legal protection for owner of car rental business and legal consequences for each party in the event of default on a car rental agreement based on Indonesian Civil Code. The research method used by the author to complete the thesis is the normative juridical legal research method, namely analyzing a problem based on laws and regulations and conducting literature studies such as book literature and other documents. The result of this research is to know that civil law protects the rights of entrepreneur who are harmed by renter based on the strength of the lease agreement in article 1320 and article 1338 of the Civil Code. Renters are also protected by law regarding their right to be free from liability due to force majeure based on articles 1244 and 1245 of Indonesian Civil Code. It can be concluded that business actors and renter must understand their respective responsibilities and rights and obligations based on existing legal rules based on the principle of good faith.

COMMUNITY CRIMINAL RESPONSIBILITY FOR DISSEMINATION OF NEWS CONTAINING SARA THROUGH SOCIAL MEDIA

In this millennial era, sharing and accessing information and news is very easy. This is because technology has increasingly developed among the people. People easily access information and news through social media. The government made a regulation related to the problem, namely the ITE Law. Along with the times, the provocative issue of spreading news containing SARA (Tribe, Religion, Race and Intergroup) also emerged in the use of social media because of the use of free and easy media. If the subject in question is a community as an example of a case for the spread of hate speech containing SARA Saracen. In this thesis will discuss the criminal liability of the SARA news disseminating community, using normative juridical legal research methods and accompanied by a statute approach and conceptual approach. The results of the research conducted by the author show that criminal liability in the community for distributing SARA-charged news is imposed by individuals rather than a community by adhering to the vicarious liability doctrine and that criminal sanctions are subject to article 28 paragraph (2) of the ITE Law.

Kewenangan Pemerintah Pusat dan Daerah dalam Kerangka Green Tax Reform

This research is aimed at examining the dynamics of the authority of the Central Government and Regional Governments as well as examining the expansion of authority that can be granted within the framework of green tax reform. This research uses juridical legal research methods with historical, conceptual, statutory, and comparative approaches. The results of the study concluded that the 3 (three) green tax reforms that have been implemented in Indonesia have strengthened several authorities, however, there are degraded authorities such as the authority to impose sanctions, resolve administrative disputes and budget authority. The authority of the central government and regional governments needs to be expanded and strengthened in the next green tax reform, specifically in the form of the authority to add potential types of environmental taxes in the regions, the authority for green budgeting, tax incentives/fiscal convenience, and the reorganization of the authority to grant administrative sanctions and resolve disputes administratively.

Analisis Perjanjian Kredit Syariah Dikaitkan Dengan Mekanisme Penyelesaian Sengketa di PNM Mekaar Syariah

This study explains how dispute resolution in PNM Mekaar Syariah is based on the agreement. This study uses an empirical juridical legal research method with a descriptive analytical legal research type. Primary data is obtained directly from the source through interviews, observations, and unofficial reports which the author then processes. Then secondary data comes from books and laws, and regulations. An agreement is an agreement between two or more parties to do something. In Islamic Law, this agreement is called akad. There are many types of contracts in Islamic Law, such as Murabahah Contracts and Wakalah Contracts. This study discusses sharia credit agreements that use Akad Wakalah and Akad Murabahah which are then linked to the dispute resolution mechanism at PNM Mekaar Syariah. There is a combination of a wakalah contract and a murabaha contract which can reduce the meaning of the murabaha contract itself. However, inclusion of a wakalah contract in murabahah financing becomes valid if the authorization (wakalah) is made before murabahah financing occurs. The contents of the contract must include a dispute resolution mechanism, if a dispute occurs it must be resolved in accordance with the contents of the contract agreed upon by the parties to the contract. Deliberation is the first step in resolving disputes at PNM Mekaar Syariah, if the deliberation is not successful then it will be followed by making a lawsuit to the Religious Court. PNM Mekaar Syariah uses the Islamic legal system which makes its dispute resolution through the Religious Courts.

Akibat Hukum Pemutusan Hubungan Kerja Secara Sepihak Bagi Guru Pada Yayasan Pendidikan Pasca Putusan MK No.91/PUU-XIX/2021 Tentang Pengujian Formil Undang-Undang No.11 Tahun 2020 Tentang Cipta Kerja Terhadap Undang-Undang Dasar 1945 (Studi Pada Yayasan Pendidikan Nasional Khalsa Medan)

A specified time work agreement (PKWT) is a work agreement between workers/laborers and employers to enter into a work relationship within the time specified in Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation. The problem in this research is what are the legal consequences for unilateral termination of employment carried out by the Khalsa Medan National Education Foundation for workers who default on work agreements for a certain time that have been agreed upon, and how to resolve them. This study uses normative juridical legal research methods, the nature of the research is descriptive-analytical with a library research approach (Library Research) and field studies at the Khalsa National Education Foundation in Medan, then analyzed qualitatively. The results of the study show that unilateral termination of employment for teachers must be in accordance with statutory regulations with the aim of providing legal protection to each teacher in order to obtain the right to compensation for years of service obtained from the Khalsa Medan National Education Foundation.

The Important Role of MSMEs in National Economic Development

ABSTRACT
 
 Member countries of the Organisation for Economic Co-operation and Development (OECD), make MSMEs a default factor in every economic law, especially investment law. However, the role of MSMEs in Indonesia is still often underestimated and has not received adequate opportunities to play their role in national economic development. The main problem in this research is to question how the issue of providing opportunities for the development of MSMEs in the rule of law in the economic sector in Indonesia. By using the normative juridical legal research method, it appears that MSMEs have an important role in national economic development, and therefore become an important target in efforts to achieve the State's Goal in promoting general welfare. The data collection technique in this study uses secondary data with qualitative data analysis techniques. From this research, it was found that there is an awareness of the importance of the role of MSMEs in national economic development, which is contained in various policies and legal regulations. The problem is that the implementation of these policies and regulations are still not in line with expectations. From the results of this research, it is recommended that the Government of Indonesia to reform the investment law in which it is mandated to provide opportunities for the development of MSMEs, so that MSMEs can really play an important role in the national economic development.
 
 Keywords : investment law, national economic development, role of MSMEs, legal reform;

Executing Upstream Oil and Natural Gas Business Activities: Legal Status and Authority of the Oil and Gas Special Working Unit (SKK)

The Oil and Gas Special Task Force (SKK Oil) is a government agency responsible for controlling and supervising upstream oil and gas businesses. This study aims to examine the legal position of SKK Oil as the executor of national upstream oil and gas business activities and its role in promoting national energy security. The research utilizes an empirical juridical legal research method with qualitative research specifications, providing a focused and in-depth analysis of the subject matter. Secondary data obtained from primary, secondary, and tertiary legal sources are used in this study. The findings reveal that the National Oil and Gas Management Policy has not fully aligned with the goal of achieving national energy security.

THE IMPLEMENTATION OF PACTA SUNT SERVANDA PRINCIPLE AS A BASIS FOR MAKING MEMORANDUM OF UNDERSTANDING

Memorandum of Undersatanding is an initial agreement that regulates and provides an opportunity for the parties to conduct a feasibility study before arriving at a more comprehensive agreement. Making a Memorandum of Undersatanding requires the implementation of the principle of pacta sunt servanda to show that the parties have a binding agreement with each other. This research aims to find out how the implementation of pacta sunt servanda principle as the basis for making Memorandum of Undersatanding and how the legal position of Memorandum of Undersatanding. Using normative juridical legal research method with qualitative analysis. The results of this study conclude that the implementation of the principle of pacta sunt servanda as the basis for making Memorandum of Undersatanding is very important to ensure that the parties fulfill their promises and commitments and the agreement is respected and fulfilled by the parties. The legal position of the Memorandum of Understanding from the perspective of contract law is as an informal agreement that is not legally binding, but has strategic and diplomatic importance.

PERTANGGUNGJAWABAN NOTARIS YANG MENERBITKAN AKTA BERISI KETERANGAN PALSU (STUDI KASUS PERKARA NOMOR 1362/PID.B/2019/PN.JKT.UTR)

A notary is a public official authorized to make authentic deeds. This authority must be carried out in accordance with the regulations stipulated in the Notary Office Act and not violate the Notary Code of Ethics. However, not a few notaries carry out their duties in accordance with the established regulations, resulting in a party being harmed and the notary being held accountable. This happened in the Decision on Criminal Case Number 1362/Pid.B/2019/Pn.Jkt.Utr. In this decision, notary R forged an authentic deed because he entered information that was not in accordance with the facts and also did not read and sign the deed he made in front of the parties. Therefore, this thesis takes the title Liability of a Notary Who Issues Deeds Containing False Statements (Case Study Case Number 1362/Pid.B/2019/PN.Jkt.Utr). The formulation of the problem in this research is: 1) What are the legal considerations of the judges in deciding case number 1362/Pid.B/2019/PN.Jkt.Utr? 2) What is the responsibility of the notary for the deed he made based on case number 1362/Pid.B/2019/PN.Jkt.Utr? This study uses normative juridical legal research methods, namely the systematic compilation of data, assessment, then concludes on the relationship to the problems studied with the statutory approach. The results of this study are: 1) The basis for the judge's consideration in decision number 1362/Pid.B/2019/PN.Jkt.Utr comes from juridical and non-juridical and grants the indictment of the public prosecutor in accordance with the provisions violated by notary R but the judge does not make the existence of peace into the lightening thing. 2) The responsibility imposed on notary R is administrative sanctions, namely temporary dismissal due to being in custody then the main sanction is imprisonment for 1 (one) year and 8 (eight) months.

Discrimination On The Immigrants: Migration Venezuelan To The Colombia

Venezuela is facing a severe economic, political, and social crisis, with acute shortages of food, medicine, and other basic goods. At the same time, large numbers of Venezuelans left the country to migrate, causing Latin America to be hit by a massive migration crisis that never happened before. On the other hand, the Venezuelan population who migrated, especially to Colombia, experienced discrimination. Covid 19 is also making the Venezuelan conditions worsen, along with shortages of food, medicine, and health, as well as access to social services. This research aims to analyze various aspects of the Venezuelan immigrant crisis in recent years. Emphasis is placed on the importance of regional migration issues and the participation of the international community. The research used normative juridical legal research methods. The main points of this research are: a) The main social, economic, and political factors related to the humanitarian crisis, especially discrimination and migration issues in Venezuela; b) Venezuelan Migration and Refugee Issues; c) Response and participation of the international community, with particular emphasis on the activities of the European Union, the United Nations, and Latin America, in particular, Colombia. The results of this research are the discrimination that refugees from Venezuela receive due to the lack of funds they must migrate due to a corrupt government which results in them looking for easy and inexpensive alternatives to flee to other countries.

IMPLEMENTATION NATIONAL AGREEMENTS IN THE DIVISION OF COLLECTIVE PROPERTY IN THE TIME OF DIVORCE

This research was conducted to find out the agreement made by the husband and wife before the marriage takes place which is called the marriage agreement or prenuptial agreement which regulates the separation of assets. The joint assets that are formed in marriage are from the time the marriage takes place until the date the marriage bond is broken. Furthermore, based on Article 38 of Law no. 16 of 2019 stipulates that marriages can be dissolved due to: death; divorce; and by court decision. This study uses the Normative Juridical legal research method, whose approach is carried out by examining statutory regulations that can be used as a legal reference in the application of Prenuptial agreements and analyzing the judge's decision at the Bandar Lampung Religious High Court Number: 0004/Pdt.G/2021/PTA.Bdl dated January 27, 2021 as a guideline for sharing joint assets after divorce. The results of this study are that there is a legal position in the settlement of the distribution of joint assets after divorce and shows that the legal position in the settlement of the distribution of joint assets after marriage has been regulated in marriage law and the compilation of Islamic law. Furthermore, the judge's consideration regarding the distribution of joint assets in the Religious Court Decision No.0004/Pdt.G/2021/PTA.Bdl. regarding the divorce decision.