Legal Expediency Research Articles

ФОРМИРОВАНИЕ ЕДИНОЙ СИСТЕМЫ МАЛЫХ ЗАКУПОК В СТРАХОВОЙ СФЕРЕ В СЕВЕРО-ЗАПАДНОМ ФЕДЕРАЛЬНОМ ОКРУГЕ

The article analyzes the current situation with budgeting, organizing and conducting small purchases within the framework of Laws No. 44-FZ and No. 223-FZ in the Northwestern Federal District. In the OSAGO segment, the main reasons for the low transparency of small purchases, the low interest of insurers in participating in them and the high risks of corruption in their organization and implementation are considered. A digital scheme for organizing small purchases and calculating the initial maximum price of contracts based on the information system of the Russian Union of Motor Insurers within one federal district is proposed. The economic and legal expediency of implementing this scheme is justified both to protect the interests of customers and to develop the insurance market of the region as a whole. The possibility of scaling this scheme to other man- datory types of insurance, in calculating the insurance premium for which tariffs established by the Central Bank of the Russian Federation or other authorities are applied, is considered.

Implementation of Community Service Order Based on Law Number 1 of 2023 In The Perspective of Justice And Legal Expediency

This research is related to the reform of criminal law in Indonesia through community service order as an alternative to imprisonment. The type of research used in this study is normative legal research. The specifications used in this legal research are descriptive analytical, with a statute approach and a conceptual approach. The types of legal materials used in this research are primary and secondary legal materials. The method of collecting legal materials used by the author in this research is literature study. The method of legal material analysis conducted in this research uses qualitative analysis. The results of this research show that based on Law Number 1 of 2023 concerning the Criminal Code (KUHP), community service order is one of the main types of penalties that also serves as an alternative to short-term imprisonment, specifically for criminal offenses with a potential penalty of less than five years and where the judge imposes a maximum prison sentence of 6 (six) months. It also serves as a substitute for fines that do not exceed category II. This is an implementation of community service order to achieve the objectives of punishment and with the perspectives of justice and legal expediency.

The Essence of Restorative Justice in the Development of Indonesian Law

Objective: This study aims to explore the essence of Restorative Justice within the framework of Indonesian legal development. It seeks to understand how Restorative Justice principles are integrated into the Indonesian legal system, assess their impact on law enforcement and justice outcomes, and provide policy recommendations for enhancing their implementation. Theoretical Framework: The theoretical framework of this research is rooted in Restorative Justice principles, emphasizing the repair of harmed relationships and the involvement of all stakeholders in conflict resolution. By adopting a normative legal approach and utilizing a case law methodology, this study analyzes the compatibility of Restorative Justice principles with Indonesian legal norms and evaluates their application in resolving legal cases. Methodology: This research delves into Restorative Justice within Indonesian law by analyzing judicial decisions, legislative reforms, and historical precedents. It employs normative legal analysis, utilizing Restorative Justice principles to examine applicable norms and their implementation in resolving legal cases. Through a case law approach, the study aims to uncover the essence of Restorative Justice in Indonesian legal development. By scrutinizing judicial decisions, legislative reforms, and historical precedents, it seeks to demonstrate how Restorative Justice principles can be effectively integrated into the Indonesian legal system and assess their impact on law enforcement and justice outcomes. The research aims to contribute to a deeper understanding of Restorative Justice and provide evidence-based policy recommendations to enhance its implementation, considering both normative aspects and empirical observations from the field. Results and Conclussion: Restorative Justice as an approach can realize legal compliance, justice and legal expediency simultaneously, therefore it is important for Indonesia to establish a special law regulating Restorative Justice. This will provide a solid and clear legal framework for the application of this concept in the justice system. With a specific law, there will be more detailed guidance on how Restorative Justice can be implemented effectively and equitably across law enforcement agencies In addition, this law can also strengthen Indonesia's commitment to making Restorative Justice a mainstream approach in law enforcement, creating a justice system that is not only fair, but also equitable for all parties involved in the process. Thus, by regulating Restorative Justice through a separate law, Indonesia affirms its position as a leader in building a justice system based on human values and universal justice.

Termination of Prosecution Based on Restorative Justice in the Settlement of Conventional Gambling Crimes in Indonesia

This study aims to determine the application of restorative justice principles in the settlement of gambling crimes. The proposed formulation of the problem contains: Why does restorative justice need to be used in the settlement of gambling crimes? and What are the stages of restorative justice in the settlement of gambling crimes in the future? This research includes normative legal research, with data collected based on written regulations and opinions from experts and law enforcement. The results of this study indicate that restorative justice can be applied in the crime of gambling even though it is a victimless crime. Parties that can be carried out restorative justice only target gambling players based on Article 303bis of the Criminal Code based on legal expediency and a sense of justice. Therefore, the implementation of restorative justice emphasizes the benefits to both the state and society. The restorative justice mechanism refers to Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. This regulation regulates all stages of restorative justice for general offenses. For this reason, prosecutors can terminate prosecution in gambling cases based on restorative justice.

On the Issue of the Legal Expediency of "Automatic Sanctions" in the Russian Legal System

The subject of the study is a critical analysis of the “theory of automatic sanctions,” which is based on the patterns of formulation and functioning of sanctions developed in the general theory of law. The study aims to determine, based on the analysis of, the patterns of formulation and functioning of sanctions as an element of the rule of law in the Russian legal system by analyzing the signs of automatic sanctions set out in these works. Also, the subject of the study is the patterns of application of sanctions in the Russian legal system, knowledge of which will allow us to draw conclusions about the advisability of the existence of “automatic sanctions” in the Russian legal system. The research methods are analysis, synthesis, induction, deduction, abstraction, generalization, modeling formal legal approach, and a variety of these methods as legal analysis. Analysis of the nature of “sanctions” shows that they are aimed primarily at protecting the existing legal order by bringing the person who violated the disposition of the legal norm to legal liability and by applying other protective measures to restore the violated legal order. The effective application of sanctions involves establishing the following circumstances: who committed this unlawful act, whether the person is guilty of committing an offense, if sanctions provide responsibility for its commission; what measures of protection can be applied in this case to a person who has violated the legal order set out in the disposition of the legal norm, whether in this case there are circumstances excluding the wrongfulness of the act, or other circumstances excluding the application of these sanctions. All this requires implementing a law enforcement process, which makes the existence of such a phenomenon as automatic sanctions inappropriate.

Limitations on the Age of Marriage and Its Legal Implications Perspective of Legal Expediency

The purpose of this study is to investigate the urgent reasons for changing the age limit for marriage law and to analyze the legal implications that emerged from the marriageable age limit in case of legal benefits. This research type uses normative juridical research. the source of data in this study is by examining primary data and enforcement of rules in practice. and how the form of legal safeguard is related to the problem to be studied. The outcomes of this study indicate that the revision of the marriage law has not fully succeeded in preventing the act of underage marriage. because although the law has been revised, the act of underage marriage continues due to a gap in the law itself with the dispensation of marriage. If this phenomenon is related to the theory developed by Jeremi Bentham, one could say that one of the law’s three goals, namely legal expediency, has not been achieved by the change of the marriage age limit.

The Indonesian Constitutional Court Approaches the Proportionality Principle to the Cases Involving Competing Rights

The research focuses on the proportionality analysis of the competing socio-economic rights in the Indonesian Constitutional Court / Mahkamah Konstitusi Republik Indonesia (the MKRI). It is motivated by the unclear concept/model of proportionality analysis in Indonesia and its application by the court. The research method used was normative legal research with statutory and case approaches. The MKRI's general practices need to be more structured, unsystematized, and uncomprehensive to implement with four stages: legitimate aims, suitability, necessity, and balancing. It applies a model that refers to the legal objectives based on Pancasila and the 1945 Constitution. It declares the balance of fundamental rights and obligations of citizens based on the values of the godhead, humanity, unity, democracy, and social justice. Hence, some decisions used proportionality analysis, specifically in economic rights. Its implications create a balance of legal norms and integratively value legal certainty, justice, and legal expediency.

Dinamika Pemberian Dispensasi Kawin dibawah Umur oleh Hakim Pasca Perubahan Undang-Undang Perkawinan

The granting of marriage dispensation by judges experienced a discourse from the age of marriage, which originally occurred because of the age difference between men and women, which caused family conditions that were not solid, with the younger age of women causing marriage to look more discriminating against women in the purpose of marriage. Then it changed to a regulation that equalized the age limit for marriage for both men and women. In the treatment of deviations from the rules of marriage age, it is also emphasized that there is equal treatment. However, this cannot limit the judges' ability to render judgments. The examination of marriage dispensation must be carried out thoroughly, so the focus of this study is on how the dynamics present in each decision by judges need to be analyzed. The research method is a study of normative law related to the provisions of the marriage dispensation. The analysis is carried out with the theory of judicial power, which includes legal justice, legal certainty, and legal expediency. The results showed that every judge's decision is affected by the disparity of the judgment on the granting of marriage dispensation when the judge does not examine all the offenses of the application for dispensation in the search for the application for dispensation, which becomes the basis for the judge to consider the decision. So that stigma for urgent reasons does not become unclear and clear. Therefore, every trial must systematically follow the judicial process in order to realize the purpose of marriage.

Refleksi Kritis Rekriminalisasi Penghinaan Presiden di Indonesia

This study aims to examine the recriminalization of presidential insults by reviewing the democratic system applied in Indonesia. Since the passage of Bill Number 1 of 2023 concerning the Criminal Code (Law 1/2023), regulations related to insulting the president have become polemics in the community. The public considers that the arrangement of presidential insults is a manifestation of the government's efforts to silence the aspirations and voices of the people in democracy. The research method used is normative law research by conducting qualitative research on legal rules in laws and regulations. This research is descriptive in nature which aims to compile a systematic, factual and accurate description of the facts. This research will describe the state of law that applies in a certain place and a certain legal event that occurs in society. This research uses secondary data consisting of laws and regulations, books, journal articles or scientific magazines, papers, and scholarly opinion literature (doctrine). The results of this study show that the democratic system in Indonesia is also subject to Pancasila as Indonesia's philosophical foundation, so that the element of freedom in democracy cannot be misused as an attempt to humiliate. In addition, the regulation of the criminal act of insulting the president can be in line with the theory of legal objectives presented by Gustav Radbruch, namely fulfilling the elements of justice, certainty, and legal expediency, if applied wisely.

PERBANDINGAN TINDAK PIDANA TERTENTU DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1946 DENGAN UNDANG-UNDANG NOMOR 1 TAHUN 2023 DITINJAU DENGAN TEORI TUJUAN HUKUM MENURUT GUSTAV RADBRUCH

In realizing a Legal Purpose Proposed by Gustav Radbruch, namely Law must realize Legal Certainy, Legal Justice, and Legal Benefit every applicable law must realize a legal goal that is felt by community. Law Number 1 of 1946 concering the Criminal Code in providing Legal Certainy is still lacking due to the may doctrinal clashes in each article. And in Legal Justice provides a sense of Satisfaction, especially the justice that occurs in the community. Namely in the death penalty in serious crimes like premeditated murder. In the aspect of Legal Benefit, it provides benefits to the community to always comply and limit their behavior. But it must be followed by times. In Law Number 1 of 2023 concering the Criminal Code in realizing the objectives of law through aspect Legal certainty guarantees the concents of the article because the regulations is a product produced through the Legislative Body. In processing rights and obligations by Legal Justice, it still not felt to fulfill the sense of justice that occurs in the community, especially in death penalty with probation. Legal expediency in this Law follows the times that occur in Indonesia so that the benefits of this Law will be useful for communities in protecting their indvidual rights. Legal Reform contained in Law Number 1 Year 2023 follows the times that have occurred in Indonesian Anthropology, through several rules in terms of adultery for someone who is not yet married and respect the Living Law in society (The Living Law).
 Keywords: Comparison, Criminal, Purpose of Law, Gustav Radbruch.

Analisis Putusan Nomor. 6/Pid.Sus-Anak/2018/PT Jmb Tentang Sanksi Pidana Terhadap Tindak Pidana Aborsi Perspektif Hukum Positif dan Hukum Islam

The rise of abortion often results in pros and cons to the application of sanctions, while the judge's consideration is also determined by the basis or element of the abortion action. This study aims to find out how the application of criminal sanctions to the criminal act of abortion. Then review whether the judge's consideration of the decision case Number: 6 / Pid.Sus-Anak / 2018 / PT. Jmb is based on the principle of justice, the principle of legal certainty and the principle of legal expediency. This research uses normative legal research methods. This study uses primary and secondary sources of legal materials. The techniques used in collecting research data are interviews, observations and documentation. Meanwhile, data analysis from this study was carried out based on descriptive analysis, where data analysis consists of data reduction, data presentation, and drawing conclusions. Based on the results of the study, it can be concluded that the application of criminal sanctions for the criminal act of abortion in the decision of case Number: 6 / Pid.Sus-Anak / 2018 / PT. Jmb is in accordance with applicable regulations, namely based on article 48 of the Criminal Code Jo. article 75 paragraph 2 of Law number 36 of 2009 That the judge in deciding the case has applied / considered the principles of justice, certainty, and legal expediency for the defendant in accordance with the facts of the field.

KEPESERTAAN BPJS KESEHATAN SEBAGAI SYARAT WAJIB BAGI PENDAFTARANPERALIHAN HAK ATAS TANAH ATAU HAK MILIK ATAS SATUAN RUMAH SUSUN KARENA JUAL BELI

The government through the Ministry of ATR/BPN has issued Circular Letters (SE) Number HR.02/153-400/II/2022 and HR.02/164-400/II/2022. The circular requires that the sale and purchase of land must attach a BPJS Health membership card. The writing of this scientific paper uses a normative juridical approach method, based on literature research that includes primary, secondary, and tertiary legal materials then analyzed using qualitative methods. This research results that the policy issued by the government aims to optimize the implementation of the National Health Insurance program, increase access to quality health services, and ensure the sustainability of the National Health Insurance program in line with the principle of legal expediency (zwech matigheid or doelmatigheid or utility).

Optimalisasi Peran Pemerintah Dalam Kebijakan Penanganan Limbah Medis

Law 32 of 2009 on Environmental Protection and Management is an example of the government's efforts to achieve a balance between economic growth and environmental preservation. In accordance with Human Rights (HAM) in realizing sustainable development and the existence of global environmental issues. This research method uses normative legal research methods that are prescriptive. Types and sources of law include primary and secondary legal materials. The technique of collecting legal materials used is the study of literature. Furthermore, the analysis technique used is the deductive method. The results of this study show that there is a need to optimize the role carried out by the government to deal with the growing medical waste. In addition, health service facilities also carry out direct sorting to be more effective in handling the management of medical waste. This can be seen from the use of the Regulation of the Minister of Environment and Forestry Number p.56Menlhk-Setjen2015 as SPO in implementing medical waste management. These laws and regulations are able to provide legal expediency and certainty. Meanwhile, in terms of fairness, this is determined by how the implementation of these laws and regulations in the field.

Corruption as a Violation of Human Rights, Economic, Social and Cultural Human Rights Perspective

This study aims to analyze corruption as a violation of economic, social and cultural rights from a human rights perspective. The crime of corruption has been categorized as an extraordinary crime because corruption is not only detrimental to the state's finances but has also been a violation of the social and economic rights of the community. The research technique in this paper is a normative juridical type, and the research approach used is the statute approach. Based on this, it can be seen that there is a link between corruption and human rights violations, namely the basic social and economic rights of the community. The results of the study indicate that there is a relationship between corruption and human rights violations. Corruption is categorized as a violation of human rights if the consequences of corruption intersect with human rights that are harmed, so human rights violations caused by acts of corruption crimes should be taken into consideration by judges in their decisions because judges' considerations must be comprehensive in order to realize an ideal decision, namely a decision that reflects the values ​​of justice, certainty, and legal expediency.

Mixing of Brand Cancellation Lawsuits and Brand Infringement Lawsuits

The mixing between trademark infringement lawsuits and annulments has made it an issue in trademark law enforcement, thus making it an excuse for the Supreme Court to overturn the Court's ruling. It raises new cases from the procedural law of brand law enforcement, but the dimensions of brand protection must still be upheld. For this reason, it is necessary to explain the difference between a trademark infringement lawsuit and trademark cancellation, as well as the reasons for the supreme court judge in decision No.525K/Pdt.Sus-HKI/2020 annulling judgment No. 4/Pdt.Sus-HKI/Merek/2019/PN Niaga.Sby regarding the mixing between the trademark infringement lawsuit and the cancellation of the brand. The Panel of Judges of the Surabaya District Court in Decision Number 4/Pdt.Sus-HKI/Merek/2019/PN-Niaga.Sby seems to prioritize its establishment based on the perspective of legal expediency, thus categorizing the defendant's actions as trademark violations. The Panel of Judges of the Supreme Court prioritizes its establishment based on the perspective of order, so the reason for overturning the decision of the Surabaya District Court considering the mixing between the infringement lawsuit and the cancellation of the brand is based on legal certainty. It is necessary to discuss the pattern of application of the law that converges between trademark cancellation lawsuits and trademark infringement and advise the Supreme Court to make guidelines in the form of regulations aimed at the judiciary that contain provisions on the criteria between annulment lawsuits and trademark infringement, so that they can be a reference for judges in the proceedings.

Review of Theory of Legal Objectives on Article 31 Section (1) and (2) of Law Number 37 Of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations

The bankruptcy case of PT Aliga Internasional Pratama is proof of the dualism of the position of criminal confiscation over general confiscation in the bankruptcy estate. Based on the decision of the Commercial Court at the Central Jakarta District Court, PT. Aliga International Pratama has been legally declared bankrupt with all the legal consequences. Whereas as of the date of the bankruptcy decision, all assets of PT. Aliga is in a state of general confiscation, and the authority to control and manage all of their asset rests with the Curator Team. However, 2 buildings which are bankrupt assets, namely The Aliga Hotel and factory/office buildings, have been confiscated by the Criminal Investigation Police Investigators (Bareskrim Polri).The research method in this paper is descriptive qualitative, namely the legal material obtained is presented descriptively and analyzed qualitatively.
 The results showed that, analyzed using the theory of justice according to Thomas Aquinas and the theory of expediency by Jeremy Bentham, the provisions of Article 31 paragraphs (1) and (2) of the UUK have fulfilled the values of justice and expediency in their norms. However, analyzed by Jeremy Bentham's theory of legal certainty, the provisions of Article 31 paragraphs (1) and (2) of the UUK do not meet the value of legal certainty. Then the judge's decision has been right and fulfills the elements of certainty, justice, and legal expediency

Increased Ability of Legal Solution in the Prevention of Promiscuous Sex Outside of Marriage

Promiscuous sex behavior in marriage is customary law and religious law is deviant deviant acts. However, the Criminal Code, cannot be held accountable to all perpetrators, except only those who are still bound by marriage. This, both directly and indirectly, leads to the appearance of adolescent or adult-free sex behavior during voluntary. Promiscuous sex behavior negatively affects the fabric of society; and can be the cause of the spread of Sexually Transmitted Diseases, increase unwanted pregnancies, and the birth of children outside of marriage. Therefore, it is very important to conduct research to find legal solutions in an effort to prevent promiscuous sexual behavior. This research is qualitative normative research with a legal approach and a conceptual approach in the related legal field. The results showed that Article 284 of the Criminal Code which regulates ineffective extramarital intercourse (free sex) has been revised with the new Article 411 of the Criminal Code so that it has become a legal solution that contains the principle of legal certainty and legal expediency in preventing free sex behavior. Under the new provisions, all perpetrators of extramarital sex crimes can be criminalized and held legally accountable. DOI: 10.7176/JLPG/128-03 Publication date: January 31 st 2023

Metode Interpretasi Hukum Aplikasi Dalam Hukum Keluarga Islam Dan Ekonomi Syariah

This research aims to explain the importance of interpretation of the law — to the formulation of legal texts that already have legal certainty — for a law enforcement officer who aims to maintain the value of justice and the usefulness of the law, especially in the realm of Islamic family law and Syariah Economics. So that the judge as law enforcement who in the speech is considered to know the law (ius curia novit) is able to solve the problems that enter based on certainty, justice, and legal expediency. This is then made a subject matter as an interesting study of what is the method of interpretation as part of the method of legal discovery, besides that there is also the relevance of the ijitihad method as one way in the interpretation of law to the application of Islamic family law and Syariah Economics. This research is a literature study that tries to describe the importance of interpretation of legal texts (laws and regulations) through descriptive-analysis methods that process data qualitatively, so as to generate answers about the importance of legal interpretation and examples of its application in Islamic family law and Syariah Economics.

OBSTACLES TO THE IMPLEMENTATION OF NOTARY AUTHORITY TO CERTIFY TRANSACTIONS ELECTRONICALLY IN BALI

This study aims to examine the implementation and constraints of implementing the authority of a Notary to certify transactions electronically. The type of research used is empirical legal research. This study is analysed by using the theory of authority and the theory of utilitarianism (legal expediency) so as to obtain the conclusion of the discussion study in the form of implementation of electronically certifying transactions by a Notary in the form of legal actions or actions by a Notary in providing ratification of an electronic transaction that has similarities with legalization or waarmerking owned by a Notary conventionally. Based on analysis, it was obtained the results that the authority is attributive because it is obtained directly based on the provisions of Article 15 Paragraph (3) of the UUJN-P so that juridically the Notary has this authority only in its implementation because there is no one guideline due to the absence of further arrangements regarding procedures, procedures and types of notary legal actions that are qualified as certifying transactions electronically. The obstacles faced, namely the implementation of certifying transactions electronically in perspective as evidence, it can be conveyed that electronic documents as evidence of legal actions certifying transactions electronically by Notaries are not yet clear the strength of proof as evidence whether it is qualified as an authentic deed product or is it limited to registering, knowing the existence of documents that are certified as legal actions Notary as legalizing or megewaarmeken.

The Application of The Principles of Legal Assurance, Justice, And Expediency in State Civil Apparatus Dishonorable Discharge a Study of Civil Court Judgment Number 164/G/2019/Ptun-Jkt

Justice is the essence of law. Its existence must be in line with legal assurance and legal expediency. The slow execution of the government in carrying out the order of the State Civil Apparatus Law for the dishonorable discharge of state civil apparatus employee because of the malfeasance they committed raises the problem of substantive justice. The judges’ verdict of the Jakarta Civil Court that adjudicated the dispute regarding the dishonorable discharge, granted the request of the concerned civil servant. This study aims to analyze the application of the principles of legal certainty, justice, and expediency in the judge verdict of the Civil Court no. 164/G/2019/PTUN-JKT. The research method is in the form of juridical, mainly from secondary data, exploratory analytical typology with a qualitative approach. The results of the study show that judges apply the principles of legal assurance, justice, and expediency in a balanced manner by considering the chronology and legal facts in the process of civil servant dishonorable discharge. At the same time correcting the government's legal actions by elaborating the principles contained in positive law.