Normative Legal Research Research Articles

Penerapan Kaidah Fiqh dalam Hukum Media Sosial di Era Globalisasi Ilmu Pengetahuan dan Teknologi

The globalization of science and technology continues, especially on social media. On the one hand, the benefits of various conveniences are also clearly felt to cause harm. The research examines social media laws and the limitations of their use concerning fiqh rules. This research includes normative legal research methods with a conceptual approach in the form of Islamic law principles. The study concludes that the original law of social media is permissible (permissible) and will change to be recommended if it brings benefits and change to be forbidden if it causes damage. However, the potential for harm in social media exists, so there must be limits to its use and regulatory restrictions, especially restrictions that apply widely in society through state policymaking. The research results can be considered when responding to developments in technology and information, especially regarding social media, so that we can use social media more wisely. Keywords: Social Media Law, Fiqh Rules, Era of Globalization of Science and Technology

Wife’s Obligations According to Marriage Law: Perspective of Legal Purpose Theory

Background. The wife’s obligations under marriage law are contrary to Islamic law.. This difference raises questions about the suitability of the law with social values. Social history records significant developments in the role of the wife in the dynamics of household affairs. Aims. To analyze the basis of Article 34 paragraph 2 of the Marriage Law concerning the wife's obligation to manage household affairs and theoretical views on the purpose of the law on the article. Methods. Normative legal research uses a conceptual approach to explore the understanding of the basis of law. Data were obtained through literature studies and analyzed descriptively based on the theory of the purpose of law. Results. Article 34 paragraph 2 iin terms of justice, reflects distributive and commutative justice. The fair division of roles between husband and wife is reflected and affirms equality in lineage and family identity. Justice will be achieved by avoiding exploitation or inequality in the exchange of roles. The wife's obligations in terms of benefits are considered an effort to achieve the greatest possible benefits for individuals and families. Consistent and clear application of the law is very important in terms of certainty. The history of marriage law shows the complexity in the interpretation and application of the law. Efforts to create legal certainty have been made through the unification and simplification of laws, as well as the affirmation of norms that regulate the wife's obligations firmly and unambiguously.

Legal Transformation of Trading Businesses into Individual Limited Companies for Indonesian Micro and Small Enterprises

This study discusses the transformation from a Trading Business (UD) to an Individual Limited Company (PT Perorangan) as an effort to empower micro and small enterprises in Indonesia. In the context of corporate law, this transformation provides a strong legal basis and good corporate governance, enabling a Trading Business to obtain legal entity status as well as broader access to funding sources and legal protection. Utilizing a normative legal research approach, this study analyzes related legislation and assesses its impact on the sustainability of micro and small enterprises. The findings indicate that this transformation not only enhances legal certainty but also offers opportunities for companies to grow more professionally and sustainably. Moreover, the obligation to report financial documents digitally increases transparency and trust among business partners. The findings of this study are expected to make a significant contribution to the literature on empowering small businesses and encourage the government to continue supporting the transformation of Trading Businesses into Individual Limited Companies as part of an inclusive economic development strategy.

Legal Responsibility For Operational Failures Through Robotic Telesurgery

Technological developments, especially in the health sector, are currently growing very rapidly. Robotic Telesurgery or remote surgical robots are expected to become a technology that can realize health equality in Indonesia, but it is a shame that technological progress is not comparable to the relevant regulations that regulate it, it is feared that this will not guarantee legal certainty which could lead to malpractice. The method used in this research is a normative legal research method because the focus of the study departs from the vagueness of norms using the approach: statute approach, conceptual approach, as well as analytical approach. The legal material search technique uses document study techniques, and study analysis uses qualitative analysis. The results of this research are that there is a void in norms in Law Number 17 of 2023 concerning Health which does not regulate legal responsibility for failed operations through Robotic Telesurgery So it is necessary to create a law that specifically regulates the responsibilities of doctors.

The Urgency Of The Follow The Money Approach In Law Enforcement Efforts Against Money Laundering Resulting From Corruption

The follow the money approach in tracing criminal acts of money laundering and other criminal acts is a new step applied in the context of law enforcement processes. The purpose of this paper is to find out how urgent the application of the follow the money approach is in enforcing money laundering laws, and to find out how effective the follow the money approach is in enforcing money laundering laws. The methodology used is a normative legal research method in the form of secondary data accompanied by a statutory approach and a case approach. The results of the study show that the follow the money approach is very important and urgent to apply in law enforcement against money laundering, especially the results of corruption, because this approach is a very strategic and most appropriate approach considering some of its advantages or advantages, namely being oriented to assets or proceeds of crime, after it will be possible to further reveal who the perpetrators were, what the predicate crimes were, who the other perpetrators were, and where they were hidden.

The Importance of Determining The Legal Relationship In Civil Cases

In the realm of land disputes, where ownership and covenants are often at the core of the conflict, identifying the correct legal relationship between the parties involved is crucial for the proper application of the law. This research aims to examine the legal considerations behind the court's decision and its conformity with applicable legal principles. This research utilizes normative legal research methods, focusing on primary legal materials to explore the judicial process. The results showed that the judge's decision in Makale District Court case No. 41/Pdt.G/2012/PN.MKL was incorrect. The judge treated the dispute as an inherited land dispute, whereas the core of the dispute was a dispute over the redemption of mortgaged land. This dispute occurred between the Plaintiff who had entered into a land pawn agreement with A.P. Limbong Allo and the Defendant who redeemed the land, even though they did not have a legal relationship with A.P. Limbong Allo. According to Article 1338 of the Civil Code, legally binding agreements only apply to the parties involved. Thus, the court should declare the Plaintiff's claim inadmissible (Niet Onvankelijk Verclaard) for lack of proper parties, as A.P. Limbong Allo was not included as a party. Limbong Allo was not included as a Defendant. This research implies the need for accurate identification of legal relationships in the civil litigation process, which impacts on court decisions and procedural justice.

Legal Certainty of Land Banking Institutions: Theoretical and Current Challenges

Land banking is a form of land acquisition carried out by systematically acquiring land that has yet to be developed, abandoned land, or vacant land for further development and optimized use to benefit the community. The Government carries out this form of land acquisition to implement public land policies. This research uses doctrinal or normative legal research with a doctrinal approach and statutory regulations related to the Land Bank Concept and Institutions that are in accordance with the development of Indonesian Constitutional Law. Those legal material collected are analysed prescriptively. The result shows that the form of land banking is a special body (sui generis) that manages land with assets separate from state assets so that activities are more flexible, efficient, and effective. The appropriate Land Bank institutional model is in the form of a public service agency. As a separate institution from the ministry, the land bank's governance is based on general principles in the financial accounting system. Land asset management is directed at utilizing land in collaboration with other parties and distributing it to specified parties. Using land bank assets is to obtain income as capital accumulation. Meanwhile, the distribution of land assets is in the context of realizing a just economy through activities in the public interest, social interests, national interests, economic equality, land consolidation, and agrarian reform. Land banks must allocate part of their land assets for land reform.

Criminalizing Civil Law Actions of Default into Criminal Acts of Fraud: A Human Rights Perspective

The terms "Default" and "Fraud" and/or “Embezzlement” are often interchanged without clarity of meaning in many discussion forums, both oral and written. This confusion can be seen from the many court decisions that acquit defendants from prosecution which have permanent legal force. The public often hears that law enforcers carry out criminalization, such as witnesses becoming suspects, suspects becoming defendants and so on by shifting the civil legal action of Default to criminal act of Fraud and/or Embezzlement. Using 'criminalization' and 'criminalized' in this article is considered inappropriate, so it has been replaced by 'criminalizing' and 'criminalized'. If there is an action to shift the civil legal act of Default into a criminal act of Fraud and/ or Embezzlement, so from a human rights perspective, it is against the law. By using normative legal research methods, this paper examines how to differentiate civil legal acts of Default from criminal acts of Fraud and/or Embezzlement, how to apply civil compensation in cases where there are already criminal legal remedies, and what is the legal and human rights perspective when criminalization occurs. This paper uses a statutory approach and a case approach. The results show: First, there is a real difference between civil legal acts of Default and criminal acts of Fraud and/ or Embezzlement; Second, the application of compensation can be carried out through criminal and civil procedural law mechanisms; Finally, criminalizing civil legal acts into criminal acts is a form of violation of human rights.

Criminal Liability in The Perspective of Corporations' Crimes

This study explores corporate criminal liability in the context of Indonesia’s legal system, focusing on the complexities arising from corporate crime enforcement. Corporate crime, involving illegal activities by business entities for profit, requires a distinct legal approach since corporations as legal subjects cannot be held accountable in the same way as individuals. The research reviews various laws, including the Limited Liability Company Law and the Anti-Corruption Law, examining the challenges in applying these regulations, particularly in proving corporate intent and responsibility. Using a normative legal research method, the study analyzes legal documents and case studies to understand how Indonesia handles corporate crime. The findings reveal significant enforcement difficulties due to overlapping legal frameworks, gaps in corporate oversight, and insufficient legal mechanisms. International comparisons, such as the U.S. doctrine of "vicarious liability," highlight the potential for stronger corporate governance in Indonesia. The study concludes that harmonizing regulations and strengthening law enforcement are critical to improving corporate criminal liability in Indonesia, with recommendations for better compliance systems and enhanced international cooperation.

The Existence of Supervision by Non-Governmental Organizations in Providing Legal Protection for Consumers with Bad Credit

Convoluted formal procedures have led to a crisis of public confidence in state institutions, this is what happens with bad credit, in fact the public prefers to take bad credit issues to complain to YLKI rather than going to state institutions that handle consumer protection. This research is intended to examine and analyze the role of Indonesian consumer foundations in providing protection to consumers with bad credit. The research method used is normative legal research which is carried out by conducting research, using library materials or secondary data. This research concludes, first, the problem of consumer protection for bad credit is that the public does not have confidence in resolution through consumer protection institutions under state institutions and through legal action in court as a litigation step. The reason is that complicated bureaucracy and the weak response of state institutions to the issue of bad credit have encouraged the public to choose YLKI to advocate for the issue of bad credit. Second, the existence of supervision by non-governmental organizations since 1970 has been able to respond quickly to consumer protection issues, especially regarding bad credit, namely through advocacy to save bad credit consumers who experience arbitrary collections. The problems experienced by YLKI are a lack of budget and the number of human resources that are unable to keep up with the volume of handling advocacy cases such as bad credit issues, causing YLKI to not optimally handle bad credit cases.

Pengaturan Dewan Pengawas KPK dan Implikasi Terhadap Indepedensi Komisi Pemberantasan Korupsi dalam Sistem Ketatanegaraan Republik Indonesia

This study aims to analyze how the existence of the Supervisory Board affects the KPK's position as an independent institution. In addition, this study also identifies obstacles in the implementation of the Supervisory Board regulation that may impact the effectiveness of the KPK. The method used in this research is normative legal research that relies on document studies and legislation related to the KPK as well as the theory of constitutional law. The result of this research is that the regulation of the KPK Supervisory Board, especially in granting licenses for KPK legal actions, has the potential to weaken the independence of the KPK. The duties of the Supervisory Board, which enter the realm of pro justicia, lead to unclear roles and bureaucratic obstacles in the investigation process. This has implications for reducing the effectiveness of the KPK in eradicating corruption in Indonesia.

Questioning Sustainable Environmental Policies and Practices in Indonesia: Would Durkheim’s Structural Functionalism Theory Have a Relevance?

Indonesia, as a signatory to the UNFCCC and the Paris Agreement, is committed to reducing greenhouse gas (GHG) emissions. These commitments, outlined in Law Number 16 of 2016, include limiting global temperature rise, setting Nationally Determined Contributions (NDC) targets, and developing a long-term strategy for net zero emissions by 2050. To meet these obligations, the Indonesian government has introduced Carbon Economic Value (CEV) policies through Presidential Regulation Number 98 of 2021. These policies aim to reduce GHG emissions by implementing carbon pricing mechanisms such as carbon trading, levies, and performance-based payments. However, the implementation of CEV policies has faced various reactions, including criticism and resistance. Despite these challenges, it's imperative not to hinder the policy's implementation, given its potential to drive significant societal and lifestyle changes towards a greener future. This study analyzes Indonesia's progress in reducing GHG emissions through CEV policies. Using normative legal research and qualitative analysis, it explores the positive impacts of these policies, including their alignment with structural functionalism theory. The study highlights that the implementation of CEV policies as an effort to reduce greenhouse gas emissions in Indonesia through carbon trading mechanisms, carbon taxes, and funding partnerships with developed countries aligns with structural functionalism theory according to Emile Durkheim. This is evidenced by the existence of a clear system (legal and governance) in implementing CEV policies, including regulators (Government), implementers (SOEs, private sector, and society), supervisors (UNFCCC), and program donors (World Bank, IMF), where each entity cooperates in an organized manner in accordance with the provisions of the Paris Agreement 2015 and Presidential Regulation 98 of 2021 continuously according to their respective tasks. This policy also brings about functional social change by promoting a harmonious balance to shift dependence away from fossil fuels towards more environmentally friendly Renewable Energy sources.

Imposing Corporate Death Penalty in Indonesia: A Discourse on Penalisation, Corporate Culture, and Deferred Prosecution Agreement

The Indonesian Penal Code 2023 regulates corporate criminal liability. It covers various issues, including the actions of a corporation that amount to corporate crimes, the conditions under which a corporation can be held criminally responsible, who can be held accountable, and the types of criminal sanctions imposed on corporations. The primary criminal sanction is the imposition of fines. However, several types of additional punishments may also be imposed, including dissolution of the corporation or, in other words, the “corporate death penalty”, which leads to a permanent termination of the corporation's operations, loss of jobs for employees, termination of production, and stoppage of tax payments to the government. Thus, if imposed without caution, corporate death penalty will negatively impact the state and society. This article analyses the effect of corporate death penalty on the society and highlights the need for judges to exercise caution before dissolving a corporation. The study applies normative legal research with the statutory and comparative approach. Primary and secondary legal materials were analysed. This article argues against the imposition of corporate death penalty in Indonesia for three reasons. First, Indonesia does not have sentencing guidelines for corporations. Second, Indonesia has not developed a Deferred Prosecution Agreement (DPA) mechanism yet, which is an obstacle to developing a better corporate culture. Third, corporate death penalty has harmful impacts on a country's economy and public welfare; among others, it increases the unemployment rate, which impacts social life.

An Analysis of the Theory of Justice against the Standard of Proof Beyond Reasonable Doubt in the Judge's Decision in the Jessica Kumala Wongso Case

This research aims to find out the theory of justice that can be used by judges in proving criminal cases in Indonesia and the use of the theory of justice in the standard of proof beyond reasonable doubt in the judge's decision in the Jessica Kumala Wongso case. This research uses normative legal research methods with legal philosophy, legislation and conceptual approaches. The data source used is secondary data consisting of primary legal materials and secondary legal materials analyzed qualitatively with deductive inference, starting with general principles and concepts about the theory of justice and the standard of proof beyond reasonable doubt, the analysis moves towards specific propositions to determine the value of justice and the relevance of this standard in the judge's decision in the Jessica Kumala Wongso case. The study found that Gustav Radbruch's theory of justice can be applied by judges in Indonesian criminal cases, using six evidentiary parameters: theory of evidence, minimum evidence, evidence, presentation of evidence, burden of proof, and strength of proof. These parameters reflect Radbruch's legal values of justice, purpose, and legal certainty. Judges using Radbruch's theory prioritize justice, followed by purpose and legal certainty. In Jessica's case, despite doubts about the evidence, the judges found her guilty beyond a reasonable doubt, aligning with Radbruch's principle that justice should take precedence in the standard of proof.

Bale Mediation as an Alternative Institution For Resolution of Communal Intellectual Property Rights Disputes Among Indigenous Communities in West Nusa Tenggara

The settlement of communal intellectual property rights disputes is not only through litigation, but is also possible through mediation. The purpose of this study is to determine the position of the mediation hall as an alternative institution in resolving communal intellectual property disputes and in the judicial system in Indonesia and how the legal force of the Bale Mediation decision is in resolving Communal Intellectual Property disputes. This research method uses normative legal research, namely legal research conducted by examining library materials or secondary data. Based on the results of the study, Bale Mediation is an institution that carries out the functions of mediation, coaching and coordination in the implementation of mediation in the community in accordance with local wisdom in the context of legal reform in the field of resolving Communal Intellectual Property Rights disputes. Bale Mediation is not part of the state judiciary but rather an institution that resolves disputes outside the courts. Legal settlement of Communal Property disputes through Bale Mediation is a non-structural institution and is responsible to the Governor. The decision or result of the dispute resolution at the Mediation Center in the form of an agreement that does not yet have permanent legal force but is only an ordinary contract for the parties, only obtains the status of a peace deed after the parties, with or without the assistance of a mediator, file a peace lawsuit through the Commercial Court/District Court.

The need for cybercrime regulation on a global scale by the international law and cyber convention

This study highlights the necessity of controlling the issue of Cybercrime with International Law Principles and treaties, the legal foundation of international cybercrime legislation. The paper pursued normative behavior relying on the legislation of the European Union and countries outside of Europe. The implications of Cybercrime in cyberattack events establish a legal foundation for preventing and punishing cyber criminals wherever they occur. The perceived threats arising from cyberattack activities are grounded in known cyberattack behaviors and literature, underscoring the imminent nature of these threats. The Convention on Cybercrime, inaugurated in Budapest, Hungary, in November 2001, is recognized as a pivotal international agreement addressing Cybercrime and electronic evidence. The negotiation process included the Council of Europe, United States, Japan, Canada, and South African participants. Significantly, nations across Africa, the Americas, and the Asia/Pacific are harnessing this agreement to implement robust strategies against cybercrime. Cybercrime is a new area of international law, namely, International Criminal Law. The international community handles it because no convention has identified Cybercrime globally. It is urgent to govern Cybercrime globally, and statistics imply that the need to regulate Cybercrime under international criminal law is critical. The paper adopts a method designed to deeply understand the global legal structures related to cybercrime. The study employs a comprehensive approach, merging normative legal research to meticulously examine and interpret key legal documents such as the Budapest Convention, with a comparative legal analysis both within the European Union and globally. This analysis scrutinizes various jurisdictions, identifying best practices and discrepancies to inform a holistic understanding of cybercrime regulation. Policy analysis is conducted to critically assess existing strategies and propose innovative solutions, while technological insights are integrated to ensure legal frameworks are attuned to the rapidly evolving landscape of cyber threats. Involving a broad spectrum of stakeholders, including legal scholars and cybersecurity experts, the research offers a diverse perspective. This multifaceted approach aims to balance thorough legal scrutiny with actionable solutions, promoting robust and flexible strategies for international cybercrime regulation. The results of this comprehensive study underscore the urgent need for a global, unified legal response to combat cybercrime effectively. It concludes that the Budapest Convention marks a significant turning point, offering a foundation for international cooperation and legal harmonization in tackling cybercrimes. However, the rapid technological advancements and the evolving sophistication of cyber threats demand that this convention and other international legal instruments adapt and expand accordingly. The study highlights the importance of harmonizing legal definitions and practices across different jurisdictions, both in common law and civil law countries, cybercrime address the borderless nature of cybercrime. The necessity for enhanced collaboration between public and private sectors in cybercrime investigations is emphasized, alongside the importance of establishing ethical data collection and sharing standards.

Legal Protection for the Employment Status of Judicial Commission Liaisons

The discourse on the status of liaisons and institutional employees is not recognized in the Law on State Civil Servants or the Law on Employment, thus giving rise to problems, namely the recognition of the employment status of liaisons in each region. The formulation of the problem raised is legal protection of the employment status of liaisons. The method used in this research is the normative legal research method. The approach used is a statutory approach (statute approach) and conceptual approaches (conceptual approach). In conclusion, the absence of norms explaining the employment status of liaisons has implications for the absence of liaison personnel management arrangements, indicating that legal protection for the employment status of liaisons is not yet effective. The suggestion that can be given is that countries can convert liaisons into part of ASN through a series of tests, regulations and policy regulations as guidelines.

The fading social trust capital due to cybercrime in e-commerce transactions in Indonesia: the perspective of the electronic information and transaction law

Trade through electronic systems (e-commerce) is a prominent innovation of this current era. The growth of e-commerce in Indonesia is the highest in the world. Even so, there are threats to security in e-commerce due to cybercrimes, especially system interference. This leads to society’s fading trust to e-commerce businesses as a social capital. The Indonesian government has carried out efforts to prevent and handle cybercrimes through stipulations of the Law on Electronic Information and Transaction. Unfortunately, cybercrimes, especially disturbances to the electronic system, still rampantly happen Therefore, this research focuses on how far the Indonesian Law on Electronic Information and Transaction can reach that cybercrime. This was normative legal research which was a form of doctrinal legal research. It employed a data searching method in the form of library research, i.e., studying primary and secondary legal sources and analyzing them using the descriptive qualitative method with deductive logic. Results of this research showed that the Indonesian Law on Electronic Information and Transaction which keeps on experiencing amendments has not reached cybercrimes, especially crimes related to disturbances to the electronic system (system interference). It is not yet effective in guaranteeing the security of e-commerce transactions, leading to the fading of trust as a social capital. The amendment of the Law on Electronic Information and Transaction must be followed with the amendment of its implementing laws. Society must also be introduced to the importance of the Indonesian Law on Electronic Information and Transaction through massive and intensive education programs.

KEDUDUKAN BANTUAN HUKUM DALAM SISTEM PERADILAN PIDANA DI INDONESIA

Every citizen has the same position, before the law without exception which includes the right to be defended (access to legal counsel), treated equality before the law, justice for all (justice for all). In order to seek justice, it is often only able to be accessed by those who have a high level of education and the middle to upper economic status. Recognizing that the inability of human and economic resources makes it impossible to make the process of seeking justice for underprivileged people, the term legal assistance in the Judicial System in Indonesia has emerged. The right to obtain legal assistance is a fundamental or basic right for someone who faces a legal problem, because obtaining legal assistance is one form of access to justice for those who face legal problems. This paper will discuss the state's obligations in providing legal assistance to suspects or defendants in the Criminal Justice System and the position of legal assistance in the Criminal Justice System. The method used in this paper is normative legal research, with secondary data sources consisting of primary, secondary and tertiary legal materials. Then the data is analyzed by qualitative analysis. The obligation of the state to provide legal assistance to citizens who face legal problems, because legal aid is a constitutional right of citizens. Legal assistance in the Criminal Justice System has a very important role in achieving a fair trial process. The Government has issued Law No. 16 of 2011 concerning Legal Aid, so that it can be implemented optimally to fulfill constitutional rights for the poor or needy to achieve a fair trial process.

Analisis Yuridis Tindak Pidana Judi Offline dan Tindak Pidana Judi Online di Kota Kupang

In East Nusa Tenggara (NTT) there are various types of gambling, ranging from offline gambling to online gambling. In the city of Kupang itself there are various kinds of gambling, starting from offline gambling, namely, kuru-kuru or throwing dice, rolling ball, cockfighting or cockfighting and bingo, as well as online gambling which is usually called lottery gambling or white coupons. In short, gambling itself is the action of a person or a number of people in risking a certain amount of money or objects in order to seek profit and includes all kinds of bets in the form of money or objects, either directly or indirectly, such as online payments via online applications or existing online sites to facilitate transaction. This research uses normative legal research methods sourced from data obtained in the form of legal rules, legal principles and legal doctrines to answer the problems studied. The research results show that the occurrence of gambling in Indonesia to date is one of the factors caused by the weaknesses in the regulations regarding criminal acts of gambling offline and online so that gambling in Indonesia is still very widespread.