Juridical Study Research Articles

Perlindungan Hukum Terhadap Profesi Advokat dalam Pencucian Uang

Money laundering is a special class of crimes and is classified as a major crime regulated in Law Number 8 of 2010 concerning the Prevention and Eradication of Anti-Trafficking Drugs. Has the potential to damage economic, security, and social consequences. The strategy to eradicate money laundering requires the advocate profession to participate in efforts to eradicate money laundering as stipulated in Government Regulation Number 43 of 2015. The birth of this Government Regulation poses obstacles for professionals. In this Government Regulation one of them is the advocate profession which is classified as a reporting party who is obliged to submit suspicious financial transaction reports to PPATK. On the one hand, Article 19 paragraph (1) of the Advocate Law also states that an advocate is obliged to keep everything secret obtained from his client because of his professional relationship, unless specified by law. In writing this study, a type of normative juridical study is used with a conceptual approach also a legislative approach. The regulation regulated in Government Regulation No. 43 of 2015 is because the advocate profession is vulnerable to being used by money laundering perpetrators. With the obligation, it will circumstantial avoid them from using advocates with their immunity rights to do the crimes.

Juridical Study on the Cancellation of Land Certificate by Proof of Power Endorsement in the Review of Law No. 5 of 1960 concerning the Basis of Agrarian Law (study of decision No. 3/G/2021/PTUN. BDG)

This study discusses the cancellation of land ownership certificates based on evidence of verponding eigendom (BEV) in the framework of Indonesian Law, especially by Law No. 5 of 1960 concerning Agrarian Principles. The study aims to explore the legal basis, procedures, and implications of cancelling land certificates when administrative defects or court decisions have permanent legal force. The research method used is normative juridical with a descriptive approach, analyzing the Rule of Law and the case of Decision Number 3/G/2021/PTUN case. BDG. The study results show that the certificate can be cancelled if administrative, legal defects or the ratification of power are not by the procedure. In addition, court decisions have an essential role in determining the validity of certificates. The implications of this study show the importance of strengthening land administration in the National Land Agency (BPN) to increase legal certainty for landowners and reduce the potential for ownership conflicts in Indonesia.

Juridical Study of the Settlement of Land Dispute Case of Laba Pura Bukit Jati in Bangli Regency

Based on this theory, the Laba Pura area is the Kanista Mandala Pura, or the temple grounds outside the temple itself. The focus of this research is to conduct a thorough investigation of the land dispute in Bukit Jati Temple, Bangli Regency. Therefore, it is expected that Pengempon Pura is able to manage Pura Profits creatively in order to help maintain a harmonious balance in temple operations. Normative legal research is the research methodology used in this thesis. People easily divert Pura Profit land because they consider it as ordinary land, just like other agricultural properties. Efforts to preserve customary land must be watched by the government and temple owners, therefore Laba Pura land or also known as Pelaba Pura land needs legal protection. Legal certainty usually views the trustworthiness of the transfer of land rights in Laba Pura as equivalent to the transfer of land ownership rights.

Juridical Study on Notaries Who Commit Criminal Acts Based on Law Number 2 of 2014 concerning the Position of Notary

Juridical Study on Notaries Who Commit Criminal Acts Based on Law Number 2 of 2014 concerning the Position of Notary

Juridical Study of Ownership of Ownership of Flats by Foreign Citizens Based on Government Regulation Number 18 of 2021 concerning Land Rights Management Rights for Flats Units and Land Registration

This study aims to determine and understand the Ownership of Usage Rights of Apartment Units by Foreign Citizens Based on the Theory of Benefit. The research methods used include a statute approach and a conceptual approach, a type of normative legal research, with data collection methods through library surveys and qualitative legal analysis. The results of the study indicate that Government Regulation Number 18 of 2021 provides a legal basis for foreign citizens to have usage rights over apartment units in Indonesia but does not provide full ownership rights, this regulation provides legal certainty and clear procedures, which are expected to be further elaborated in the Ministerial Regulation. The Indonesian government needs to consider allowing foreign citizens to have ownership rights over apartment units by considering the various benefits that can be obtained. This step can increase foreign investment, encourage economic growth, improve property quality, stabilize the property market, increase state revenues, and support infrastructure development. With proper regulation and strict supervision, this policy can provide significant benefits to the Indonesian economy and society as a whole.

Is Early Marriage a Problem in Indonesia? Maqāṣid Al-Sharī‘ah, Economic and Quadruple Helix Analysis

Early marriage is a contributing factor to low levels of health, education, and family welfare. Early marriage is a worldwide occurrence that warrants the attention of all stakeholders, including UNICEF. The objective of this study is to address the issue of early marriage in Indonesia by employing the quadruple helix approach and doing legal and economic analysis to effectively reduce the prevalence of early marriages. The author employed a type of normative juridical study that incorporated both national law and the Islamic legal method approach known as maqāṣid al-sharī‘ah. This was done by utilizing the quadruple helix and economic analysis of law (EAL) theory. Ultimately, early marriage is influenced by ineffective regulations as well as cultural, economic, and educational factors. To address this issue, it is crucial to establish a strong collaboration between academics, businesses, government, and society. Additionally, raising awareness among the public about the benefits of delaying marriage until the appropriate age can contribute to the well-being of couples, families, and society as a whole. This approach can also incentivize the community by facilitating access to education, the economy, and healthcare and addressing issues such as stunting.

Perspectives of Nahdlatul Ulama (NU) and Muhammadiyah Figures on Law of Buying and Selling Breast Milk (ASI)

The buying and selling of breast milk (ASI) transactions are based on the ignorance of the society, especially mothers, regarding the prohibition of buying and selling breast milk. Nahdlatul Ulama and Muhammadiyah, as community organizations in Indonesia, have also discussed determining the law regarding the practice of donating and buying breast milk. Therefore, the aim of this research is to understand the mechanism of buying and selling breast milk and the perspectives of Nahdlatul Ulama and Muhammadiyah figures on the law of buying and selling breast milk. This research is an empirical juridical study using a qualitative approach with a descriptive comparative method. The results of this study show that the practice of buying and selling breast milk is conducted through the social media platform Facebook. Buying and selling are done using a barter method based on the needs of the baby. According to Nahdlatul Ulama and Muhammadiyah, both bartering and cash transactions fall under the same law. Breast milk as an object essentially meets the requirements of a saleable object. However, there is an opinion that breast milk is equated with human organs, thus buying and selling breast milk is prohibited as per the law against selling organs. Nahdlatul Ulama believes that buying and selling breast milk is permissible, referring to the respected Shafi'i opinion that it is valid and permissible. However, if there are government regulations prohibiting the buying and selling of breast milk, the society must adhere to those regulations. Meanwhile, Muhammadiyah has not yet discussed the issue of buying and selling breast milk. The discussions conducted so far have only touched upon the permissibility of breast milk donation, which is done voluntarily.

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.

Juridical Study of Problematic Overlapping Land Ownership Status in Indonesia

Juridical Study of Problematic Overlapping Land Ownership Status in Indonesia

Juridical Study of Falsification of Power of Sale Deed Made by A Notary Public Official in The Sale and Purchase Without The Consent of The Certificate Owner

Juridical Study of Falsification of Power of Sale Deed Made by A Notary Public Official in The Sale and Purchase Without The Consent of The Certificate Owner

Juridical Study of Inheritance Rights for Children of Foreign Citizens who Become Heirs of the Inheritance of Indonesian Citizenship Heirs in the Form of Land Rights

The issue of citizenship is an important issue, especially when it relates to the inheritance rights of people who have changed citizenship to become foreigners. This research aims to examine the legal rules for inheritance rights for children with foreign citizenship who become heirs to the inheritance of Indonesian citizen heirs in the form of land rights, as well as the legal implications of inheritance rights for heirs with foreign citizenship. The legal research method uses doctrinal research methods with statutory regulations and legal writings as legal material. Data analysis uses qualitative. The results of this research are: first, inheritance law in Indonesia in principle regulates that all heirs are entitled to an equal share of inheritance, without distinguishing between the gender or nationality of the heirs, but rather based on blood and marriage relations. So even though the heir is a foreign citizen (WNA), the heir still has the right to receive an inheritance from an heir who is an Indonesian citizen (WNI). However, if the heir's inheritance is in the form of land rights with ownership rights linked to the principle of nationality, then based on Article 21 paragraph (3) UUPA, foreigners who obtain rights to land with ownership rights due to inheritance are required to release these rights to other parties in a period of 1 (one) year, otherwise the right to the land will be forfeited and transferred to the State. Second, the legal implications for inheritance rights for heirs who are foreign citizens if the heir's inheritance is in the form of land rights, that is, if the land rights have the status of Ownership Rights, then the heirs are still entitled to their inheritance rights, but because foreigners cannot have rights property, heirs who are foreign citizens must reduce their rights to land certificates in accordance with the UUPA, namely to use rights, or sell the land so that they get cash from the sale in order to continue receiving their rights as heirs.

Juridical Study of Customary Law In The Indonesian National Legal System

Juridical Study of Customary Law In The Indonesian National Legal System

Juridical Study of Industrial Relations Dispute Resolution Mechanism Due to Unilateral Termination of Employment By PT. Bisa Group

Juridical Study of Industrial Relations Dispute Resolution Mechanism Due to Unilateral Termination of Employment By PT. Bisa Group

Application of The Ultimum Remedium Principle in Tax Criminal Actions: A Juridical Study

This research aims to analyze the application of the ultimum remedium principle in tax criminal actions in Indonesia. The ultimum remedium principle is a legal principle that states that criminal punishment is the last resort in law enforcement. This principle is relevant in the context of tax offenses because the main purpose of tax law is to increase tax compliance and collect state revenue, not to punish taxpayers. This research employs a normative research method with a doctrinal legal approach. Research data is obtained from a study of literature and regulations related to tax offenses. The research findings indicate that the ultimum remedium principle has been implemented in Indonesian tax criminal law. This is evident from the provisions regulating administrative sanctions and criminal tax sanctions. Administrative sanctions are lighter than criminal sanctions and must be applied first before criminal sanctions can be imposed. This research also shows that several factors can influence the application of the ultimum remedium principle in tax offenses. These factors include the seriousness of the tax offense, the taxpayer's malicious intent, and the deterrent effect that is desired.

Fath al-Dzari’ah Solution for Determining the Status of Children from Secret Marriages Through the Constitutional Court Decision

Marriage in secret (nikah sirri), also known as clandestine marriage or unofficial marriage, will have implications on the status of the marriage, which is not considered valid according to the State. Meanwhile, an invalid marriage will also impact the illegitimacy of the child's status. In reality, the Constitutional Court changed this rule with a statement that the child still has biological lineage to the person who caused their birth, as long as it can be proven with advanced technology and DNA testing. The question is, what is the status of children born from such clandestine marriages, and how does the Religious Court respond to this decision? This research aims to interpret the Constitutional Court's Decision on the validity of a child's status as biological lineage to the person who caused their birth, as long as it can be proven with advanced technology and/or DNA testing. This research is a normative juridical study with a legal approach and case based on the Constitutional Court Decision regarding the status of children from clandestine marriages using the theory of fath al-dzari’ah. The research findings indicate that the Religious Court cannot reject trial requests regarding the status of children resulting from clandestine marriages, as long as it can be proven through advanced technology and/or attached DNA testing, even though the marriage status is considered invalid according to the State, as long as it is proven that the marriage is considered valid according to religion with evidence of a guardian and witnesses in the marriage.

Normative Juridical Study of Regulatory Urgency Use of Local Labor in the Regions

Indonesia, in the context of "advancing general welfare" as mandated by the preamble to the 1945 Constitution, is responsible for responding to employment problems through national development. The government directs various regulations in the field of employment to regulate "Indonesian workers" and/or the use of "foreign workers" in the context of equal and fair employment opportunities. However, the phenomenon is that local governments see a legal vacuum (recht vacuum) to regulate local/regional workers or in other words, "local workers". Consequence, many regions in Indonesia have issued regulations that involve "the use of local labor" in the form of regional regulations or regent/mayor regulations. In this normative juridical study the problem is formulated: (i) How is the use of local labor regulated in the regions based on statutory regulations? (ii) What is the urgency of regulating the use of local labor in the regions? In principle, this article aims to answer these two things. First, to find out and analyze legal regulations related to the use of local workers in the regions. Second, to formulate the urgency of regulating the use of local labor in the regions. In this study, it was found that the regulation of the use of local workers in the regions is not an order from existing laws and regulations in Indonesia and is not an authority that implicitly regulates local workers, but rather a regional government policy to accommodate regional conditions related to the problem of employment opportunities for workers-local work. The obligation to provide opportunities for local workers and residents around the company does not mean it is discriminatory because it is still open while prioritizing the principle of professionalism according to the prospective workers' standards of ability and skills.

A Juridical Study on the Role of Justice collaborators in the Criminal Justice System for Drug Cases with the Death Penalty Threat

The increase in drug abuse among adults has been rising significantly. This can be observed through reports in electronic and print media, which daily cover the arrests of drug abusers. Authorities responsible for combating drug abuse include the National Narcotics Agency and the Indonesian National Police. Internationally, there are several conventions governing the use and distribution of narcotics issued by global organizations such as the United Nations, including the Single Convention on Narcotic Drugs 1961 (United Nations Conference for Adoption of a Single Convention on Narcotic Drugs 1961), the Convention on Manufacture and Distribution of Narcotic Drugs (Geneva 1931), and the Convention for the Suppression of Illicit Traffic in Dangerous Drugs (Geneva 1936). Furthermore, it is important to note that drug traffickers involved in the production, import, export, or distribution of Class I and II Narcotics can face the death penalty if the amount of narcotics distributed exceeds certain limits. The death penalty can also be applied to traffickers who engage in activities such as offering narcotics for sale, selling, purchasing, receiving, acting as an intermediary in transactions, exchanging, or delivering Class I and II Narcotics when the quantity exceeds a specified amount. In relation to law enforcement efforts, the term justice collaborator refers to a criminal offender who is willing to cooperate with law enforcement to expose certain organized criminal cases that pose a serious threat. These offenses include corruption, terrorism, narcotics, money laundering, human trafficking, and other organized crimes. In Supreme Court Circular (SEMA) Number 4 of 2011, a justice collaborator is also referred to as a cooperating witness.

Advertising and Campaign Props in the Perspective of Enviromental Ethics in West Aceh

Installation of advertisements and campaign props on trees in West Aceh Regency has begun because the 2024 election campaign. It is suspected to be done because the wider community can easily see them and not require expensive promotional costs. West Aceh Regency Qanun has regulated the provisions prohibiting the installation of symbols, flags, banners, and other attributes in certain places. This study aims to find out and explain the suitability of West Aceh Regency Qanun Number 3 of 2021 with the concept of environmental ethics, find out the basis for exceptions to the installation of advertisements and campaign props on trees can be done with the permission of the Regent and find out how law enforcement against violations of the use of trees as a place to install advertisements and campaign props in West Aceh Regency. This study is an empirical juridical study with a prescriptive method that uses library research as secondary data and field study conducted to obtain primary data through interviews and FGDs with informants. The results show that Article 15, paragraphs (1) and (2) of West Aceh Qanun Number 3 of 2021 still need to follow environmental ethics. Hence, it creates a biased interpretation of whether or not the installation of advertisements and campaign props on tree media certainly impacts the emergence of inconsistencies. Keywords: Advertisement, Campaign Props, Tree, Environmental Ethics

Juridical Study of the Role of the Regional Technical Implementation Unit for the Protection of Women and Children in Ensuring Legal Protection for Child Victims of Sexual Violence After the Birth of Law Number 12 of 2022

Law Number 12 of 2022 concerning Crimes of Sexual Violence exists as the main and first special rule in dealing with Crimes of Sexual Violence and as a complement to Indonesian criminal law instruments used in law enforcement against various Crimes of Sexual Violence. One of the efforts to implement the Crimes of Sexual Violence Law is the establishment of Integrated Service Delivery in the regions through the Regional Technical Implementation Unit for the Protection of Women and Children. This study uses a normative juridical research type with a conceptual approach, which aims to find out the role of the Regional Technical Implementation Unit for the Protection of Women and Children in accommodating every aspect of handling criminal acts of sexual violence, starting from efforts to prevent, handle, to recovery efforts for Crimes of Sexual Violence victims. The results of this study are: First, the Crimes of Sexual Violence Law is the main special regulation and a complement to Indonesian criminal law instruments for tackling sexual violence crimes. Second, the Crimes of Sexual Violence Law provides legal protection for victims of sexual violence by involving the Regional Technical Implementation Units for the Protection of Women and Children in provinces and districts/cities who have duties and responsibilities in terms of reporting, victim protection, investigations, and in terms of handling, protecting and victim recovery.

Juridical Study of the Granting of Persons with Disabilities' Rights to Access Public and Social Facilities

The purpose of this study is to analyze: 1) How does the provision of rights protection to persons with disabilities over access to public facilities and social facilities? 2) How is the implementation and efforts of the government towards the fulfillment of the rights of persons with disabilities to accessibility of public facilities and social facilities based on Law number 8 of 2016 concerning Persons with Disabilities? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The implementation of the protection of the rights of persons with disabilities in access to public facilities in terms of analysis as well as the theory of legal protection with the passing of regulations derived from law number 6 of 2018 by requiring each region to make provisions in the form of access to public facilities and public facilities. 2) Providing access to public and social facilities as well as legal protection conditions that provide protection for preventive and repressive efforts. As well as the implementation of the Disability Protection Law, it makes benefits for people with disabilities in terms of access to public facilities and social facilities with the establishment of a national commission on disability.