Juridical Study Research Articles

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

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.

Juridical Study of Intellectual Property Rights (IPR) for Plant Variety Protection (PVP) in Improving Agribusiness Competitiveness to Support the Sustainability of Indonesia's Economic Development

Purpose: This research aims to examine IPR protection for plant varieties through the regulation of the Patent Law and the PVP Law and formulate an appropriate legal regime to increase agribusiness competitiveness to support sustainable economic development. This research provides solutions for breeders and inventors as well as the government for the weaknesses of the Patent Law and PVP Law in addition to formulating the right IPR legal regime.
 
 Design/methodology/data analysis: The research method uses normative juridical. Researchers analyzed through secondary data, comparative law methods, and historical juridical IPR theories. Researchers construct the formulation of an appropriate IPR regime system.
 
 Findings: Researchers formulate that the PVP Law is an IPR regime system that is more appropriate than the Patent Law to improve agribusiness competitiveness. The PVP Law can accommodate the characteristics of plant varieties, the value of traditional knowledge, and farmer exceptions. However, a new legal regime system related to traditional knowledge that can accommodate special matters is needed.
 
 Originality/value: No one has examined the improvement of the IPR regime system and the establishment of a new legal regime related to "traditional knowledge" to improve agribusiness competitiveness to support sustainable economic development.
 
 Practical implications: The government needs to reassess the PVP Law, among others: (1) need to accommodate protection arrangements related to "processes," (2) affirmation of the time limit for the protection of traditional knowledge, (3) enforcement of security and environmental sustainability, (4) authority to grant compulsory licenses. In addition, it is necessary to develop new types of laws related to the protection of traditional knowledge. This research can be applied in other countries that have the same characteristics as Indonesia.

Analisis Dinamika Sosial Bagi Organisasi Serikat Pekerja pada Kebijakan Undang-Undang Cipta Kerja Peraturan Pemerintah Nomor 51 dalam Penetapan Upah Minimum 2024 di Provinsi Banten

The annual minimum wage increase determined by the government is believed to be a complex calculation designed to meet the minimum needs of workers. However, with the introduction of a new policy formula in Government Regulation No. 51, where the alpha symbol (a) mentioned in paragraph 5 is a variable ranging from 0.10 to 0.30, the resulting percentage may be insignificant. This research aims to assess the impact of the percentage results obtained from Government Regulation No. 51 of 2023. The research method employed is descriptive analysis, utilizing both empirical and qualitative juridical study approaches. The discussion results reveal significant differences in the Minimum Wage decisions set by the Governor of Banten for the year 2024 compared to the calculated Minimum Wage increase in 2023. The percentage difference is not easily comparable due to the distinct references used for the increases in 2023 and 2024 – the difference in reference being between Minister of Manpower Regulation No. 18 of 2022 and Government Regulation No. 51, which yields significantly different percentage increases. The expected percentage through the discretion of the Regent, recommending 7.08%, contrasts sharply with the approved 1.51%, in accordance with the alpha index (a) calculation in Government Regulation No. 51

Legal Readiness Of Agreements Facing The Digitalization Era Banking In Islamic Banking Financing Transactions

Digital developments in the banking system occur not only in conventional banks but also in Islamic banks. The digitalization of Islamic financing transactions is also inseparable from technological developments, especially in the use of electronic contracts. Sharia banks implementation of sharia business activities is regulated in the “Compilation of Sharia Economic Law” (KHES). Electronic Contracts are one of the innovations related to commercial life while navigating the legality of making agreements, even though digitally included by Islamic Banks, thus raising questions about the validity and risks of these electronic contracts. Competence, legal relations, objects, free consent, and jurisdiction are indicators of readiness for treaty legal instruments in the development of the current digitalization era. This study examines the legal readiness of agreements facing the era of digitalization of Islamic banking in financing transactions. This study uses an empirical method to examine the provisions of laws and regulations in detail. This was a normative juridical study. The results of the field study show that the electronic contracts implemented by Bank Mega Syariah and Bank Muamalat through e-contracts meet the legal provisions of the agreements stipulated in positive law in Indonesia. The results of the literature study also show that treaty legal instruments as stipulated in BW, Law 11/2008 juncto PP 71/2019 and KHES have accommodated the development of electronic agreement legal needs as an implication of the digitalization era in banking financing transactions.

Legal Aspects of Crypto Assets on Indonesian Digital Investment Development

This study aims to understand the legal aspect of digital investment in Indonesian crypto assets which is linked to the theories of legal certainty, justice, and benefit. Currently, Indonesian people are very fond of the cryptocurrency digital investment trend. The Indonesian government has provided several regulations regarding the physical crypto market mechanism. However, the rules regarding cryptocurrencies cannot guarantee that problems will not arise in the future. Moreover, cryptocurrency and its rules are still very new. There is still a lot of confusion in society about whether crypto investment is safe or not. This study is normative juridical study using a statutory and conceptual approach, which is summarized by examining statutory regulations and related legal doctrine. The results of this study explain that the Indonesian government is opening up opportunities by legalizing digital crypto investment activities to strengthen the economic sector. Crypto in Indonesia can only be used as an investment instrument, not currency. The implementation of crypto asset trading is regulated in the Commodity Futures Trading Supervisory Agency (Bappebti) Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of Physical Crypto Asset Markets. This regulation regulates the use of Good Corporate Governance principles in the context of carrying out buying and selling of crypto assets on the Crypto Futures Exchange (CFX). Bappebti's regulations were then changed with the enactment of Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UU P2SK) which expanded the authority and responsibility of the Financial Services Authority (OJK) to include digital financial assets, crypto assets and Financial Technological Innovation Sector. (ITSK).

Multiplier Effect Pemulihan Aset di Kejaksaan

This study aims to evaluate the impact of asset recovery on the Bireuen District Attorney's Office on law enforcement and corruption eradication in the Bireuen Regency Government. This research is classified as literature research with a qualitative approach. The methodology used is a normative juridical study of the Attorney General's Regulation of the Republic of Indonesia Number 7 of 2020 concerning the Second Amendment to the Attorney General's Regulation Number PER-027/A/JA/ 10/2014 concerning Guidelines for Asset Recovery. The results of the study concluded that asset recovery by the Bireuen District Attorney's Office had a significant positive impact on law enforcement and corruption eradication in Bireuen Regency. Asset recovery strengthens public trust in law enforcement agencies, increases accountability, and reduces corruption.