Legal Research Method Research Articles

Existence Bali Governor Regulation No. 1 of 2020 Concerning Governance of Bali Fermented and or Distilled Beverages

This research discusses the issue of the existence of gubernatorial regulations Bali No. 1 of 2020 concerning the Governance of Balinese Fermented and/or Distilled Drinks, what is the Legal Certainty and Benefits. The aim of the research is to see to what extent the existence of Bali Gubernatorial Regulation No. 1 of 2020 can regulate the issue of governance of Balinese fermented and/or distilled drinks and whether this regulation can provide legal protection, legal certainty and benefits as expected. The problem that will be discussed is related to the Management of Balinese Fermented and/or Distilled Drinks Efficacy and Benefits for the people of Bali. Normative legal research methods with a statutory approach, historical approach, and conceptual approach. The research results show that the Governor based on his authority and function can issue Governor regulations, but materially, the substance regulated therein cannot conflict with the substance that has been regulated in the statutory regulations above. This study shows that the substances regulated in PERGUB1/2020 is contrary to the above regulations (PERPRES 74/2013) therefore, based on the principle of Lex Superior Derogat Legi Inferiori, Gubernatorial Regulation No. 1/2020 cannot normatively be enforced as a product of binding statutory regulations, thus its existence cannot provide legal protection and benefits for the community.

LEGAL CONSEQUENCES OF SELLING ANTIBIOTICS DRUGS WITHOUT DOCTOR’S PRESCRIPTION IN PHARMACIES

The use of antibiotic drugs is subject to statutory regulations, which require a doctor's prescription for purchase. Antibiotic drugs are classified as "list G drugs" or "hard drugs," and they can only be submitted with a doctor's prescription. The objective of this investigation is to examine the legal liability of pharmacies as sellers of antibiotics without a doctor's prescription and the legal repercussions for purchasers of antibiotics without a prescription. This research employs a form of normative legal research. This research employs a normative legal research method that employs primary data sources and secondary data, or data obtained through a statutory and conceptual approach. The results of this study are that the Pharmacist, as a pharmacy supervisor, is fully responsible for the delivery and collection of drugs to prevent unwanted events. Patients will not receive legal protection if they fail to comply with the Pharmacist's instructions to refrain from purchasing antibiotics without a doctor's prescription.

Split Payment as a Method of Consumer Payment in Online Buying and Selling Practices Is Reviewed From the Principle of Legal Certainty

Current technological advances have led to the development of payment methods in online buying and selling practices. Usually the payment method is made via cash and non-cash; one of the current payment methods is known as the split payment method. Split payment is a payment made using more than one payment method to complete the entire transaction. There is a case where a consumer buys goods online by paying using split payment and the consumer will be given cash back when using split payment. However, the goods that have been purchased do not reach the consumer. The consumer and the shop agreed to ask for compensation from the market place, which is a meeting place for online buyers and sellers. Based on this case, the author is interested in researching the problem of how to complete online buying and selling transactions using split payments. This research uses normative legal research methods with a statutory approach. The results of this research show that it is important to have special regulations regarding the definition and validity of split payment methods for online buying and selling transactions in order to provide guarantees, justice and consumer security in order to realize the principle of legal certainty.

NETRALITAS APARATUR SIPIL NEGARA DALAM PEMILIHAN KEPALA DAERAH 2020 DI KABUPATEN LUWU TIMUR

The neutrality of the State Civil Apparatus (ASN) is needed in political processes such as the general election of regional heads because civil servants are public services and civil servants who truly stand independently without having to take sides. The problem in this research is the neutrality of the state civil apparatus in the head election. 2020 Region in East Luwu Regency. How to impose sanctions for violations of the neutrality of the State Civil Apparatus (ASN) in the Regional Head Election (Pilkada) in East Luwu Regency in 2020. This research aims to. To find out and analyze the neutrality of the State Civil Apparatus in the 2020 Regional Head Election in East Luwu Regency. To find out how to impose sanctions for violations of the neutrality of the State Civil Apparatus (ASN) in the Regional Head Election (Pilkada) in East Luwu Regency in 2020. This research was conducted using Normative Empirical legal research methods. The research was conducted in East Luwu Regency. The East Luwu Regency Government, together with Bawaslu, in organizing the regional elections, is committed, together with Election Organizing Institutions and Non-Election Organizing Institutions, to implementing Regional Elections with integrity, namely by preventing violations and fraud in the implementation of Regional Elections. Providing sanctions for violations of the neutrality of the State Civil Service requires fact-based case handling.

Legal responsibility of mining companies for agricultural land damage due to mining activities in Wasile district, East Halmahera Regency

The problematic activities of mining companies towards agricultural land damage should no longer be a collegial problem, but have logical consequences for society and the environment. Furthermore, it has become a shared responsibility of humanity. Natural resources are a trigger for excessive use of environmental services. Therefore, the reason some people exploit environmental capital is not only intended to survive, but instead is based on the basis of interests alone. The purpose of this study is to analyze the form of legal responsibility of mining companies for agricultural land damage due to mining activities in Wasile District, East Halmahera Regency. The research method used in this study is the empirical legal research method, through literature studies and field studies, namely conducting interviews. Environmental protection and management requires the development of an integrated system in the form of a national policy for environmental protection and management that must be implemented in a principled and consistent manner from the center to the regions. Legal responsibilities of mining companies include: The company must ensure that environmental costs are included in the management fund including environmental preservation after mining activities are carried out.

Pertanggungjawaban Pidana Pelaku yang Memiliki Riwayat Gangguan Jiwa pada Perkara Pembunuhan di Kabupaten Kebumen

The problem faced is What is the criminal responsibility of the perpetrators of the crime of murder if the perpetrator has a history of psychiatric disorders in decision number 174/Pid.B/2018/PN.Kbm, and what factors are the cause of the murder case committed by the perpetrator who has a history of psychiatric disorders in decision number 174/Pid.B/2018/PN.Kbm, as well as how the judge's legal considerations in imposing a crime on the perpetrator murder criminal who has a history of mental disorders in decision number 174/Pid.B/2018/PN.Kbm? offender with a history of mental disorders. This type of research is normative legal research with the approach method used is normative juridical (normative legal research method). The research findings based on psychiatric examination and observation by specialist doctors at RSJ Prof. Dr. Soerojo Magelang on the suspect Sumudi bin Sodali include laboratory results within normal limits and for psychological examinations, intelligence level (IQ) is 75-79 /borderline and anti-social personality disorder with paranoia. As for other diagnoses, namely: Axis I (aspect I): F60.2 Anti-social personality disorder, meaning that the patient has a behavioral disorder characterized by not caring about social norms, cheating or lying, often committing criminal acts, and no sense of guilt and regret.; Axis II (aspect II): Paranoid personality trait meaning that the patient is easily suspicious.; Axis III (aspect III): No diagnosis, meaning no physical illness is found; Axis IV (aspect IV): Problems related to law /criminal means that the patient often violates the law/criminal.; Axis V (aspect V): Global function assessment 70-61, meaning some difficulties in social and work functioning, but in general functioning well, having a significant relationship. The conclusion is that based on the expert's statement that for cases of law violations that have been committed by a patient named Mr. SUMUDI bin SODALI towards his own biological mother is part of a mental disorder, but not a severe mental disorder (psychotic) so that the patient can still direct his will consciously.

Contemporary Batik on The Verge of Risk: The Urgency of Copy Right Registration for Legal Protection

Contemporary batik is characterised by motifs or patterns containing freedom of expression, not bound by tradition and patterns that tend to be more modern. In Purworejo Regency, there are 48 contemporary batik craftsmen, but only 6 craftsmen have copyright certificates for their contemporary batik motifs. While other craftsmen do not yet have a copyright certificate. Though copyright is a legal protection needed for a work, one of them contemporary batik. Copyright is an exclusive right granted to the copyright holder to use, reproduce or give permission for it on a work. This study aims to analyse the legal protection of contemporary batik through copyright registration. To achieve these goals, this research was conducted using normative sociological legal research methods. Normative sociological means that the research is conducted by examining existing legal materials, then analysing how its implementation in society in accordance with the problems faced. Legal materials collected will be reviewed comprehensively and analysed deductively with a systematic presentation. The results showed that copyright registration provides legal protection against contemporary batik motifs. Through this copyright registration, the creator will get a copyright certificate, where the certificate can be proof of legal ownership of batik motifs. Legal protection provided in the form of preventive protection, namely prevention so that no one else who imitates the contemporary batik motif. Furthermore, protection repressive, namely case settlement can be done through the path of litigation or non-litigation when there is a case related to batik motifs contemporary.

The Role of Amicus Curiae in Judges' Decisions Regarding Justice Collaborators in Premeditated Murder Cases

Amicus Curiae is limited to providing opinions, and not taking action. The practice of amicus curiae is actually commonly used in countries that use the Common Law system and not the Civil Law system adopted by Indonesia. However, this does not mean that this practice has never been applied or practiced in Indonesia. In the Indonesian judiciary, amicus curiae has not been clearly regulated, but the legal basis for accepting the concept of amicus curiae in Indonesia is Article 5 Paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. Therefore, it is interesting to examine the role of the amicus curiae in the judge's decision regarding the justice collaborator in the criminal case of premeditated murder. To answer these problems, normative legal research methods (normative juridical) are used with a statutory approach, case approach, conceptual approach and comparative approach, using secondary data obtained from primary, secondary and tertiary legal material sources. In this research, the role of the amicus curiae in the judge's decision on the justice collaborator in the criminal case of premeditated murder as regulated in Article 340 of the Criminal Code. Apart from that, the role of amicus curiae is also regulated in the Constitutional Court Regulations Article 14 Paragraph (4) Number 06/PMK/2005, Article 180 Paragraph (1) KUHAP, Article 183 KUHAP, Article 89 Paragraph (3) Law Number 39 of 1999 concerning Human Rights Humans, Circular Letter of the Supreme Court of the Republic of Indonesia (SEMA) Number 4 of 2011, even though they do not have clear regulations, in their application amicus curiae have never been prohibited by judges.

Legal Review of the Implementation of Restorative Justice in Criminal Acts of Assault and Banging in the South Jakarta Police Area

A criminal act is an act of a person of his own will or of another person carried out by him and the behavior is an act that is prohibited and at the same time gives rise to a criminal responsibility by the perpetrator of the act and the act itself. Every act of criminal abuse and assault results in physical, psychological, sexual and/or neglectful misery or suffering, including threats to commit acts. coercion or deprivation of liberty in an unlawful manner is a criminal act of abuse and assault. A person who commits a crime of allowing, committing, ordering to do, participating in committing violence against criminal acts of abuse and assault must still be responsible because a person cannot be held responsible and sentenced to a criminal offense if he does not commit a criminal act. To be further examined how the regulation of criminal acts of abuse and assault allows, orders to do or participates in committing violence, then based on Indonesian criminal law and how the criminal responsibility of children who commit the crime of allowing, ordering to do or participating in committing violence against criminal acts of abuse and assault. The research method used in this study is the normative legal research method, from the results of the study it was found that the regulation of criminal acts of children who allow, order or participate in committing violence, criminal acts of abuse and mob violence in Article 76C in conjunction with Article 80 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and criminal responsibility of children who commit criminal acts of allowing, ordering or participating in committing violence against children to death by serving a maximum of half of the maximum prison sentence for adults as regulated in Paul 81 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Clarifying the meaning of acts of violence in the KUI IP. Legislation, Government Regulations, Permenkumham and the Government must form legislation, government regulations, Permenkumham that are even stricter in providing sanctions for perpetrators of criminal acts of abuse and mob violence

Criminal Fines and Customary Justice in Papua: Socio-Legal Analysis in Child Sexual Intercourse Cases

This study aims to analyze the formulation and application of criminal fines for child sexual intercourse within Papuan Indigenous society. Utilizing a socio-juridical or empirical legal research method, the study examines criminal sanctions, particularly fines, in cases involving child sexual intercourse. Data collected from primary, secondary, and tertiary sources are analyzed qualitatively to draw legal conclusions. The research highlights that customary law, recognized under the 1945 Constitution of Indonesia, plays an essential role in the legal culture of Indigenous communities, including those in Papua. Customary courts, as established by Law Number 21 of 2001 concerning Special Autonomy for Papua Province, are recognized within specific customary law communities. These courts operate based on the respective community's customary law, with provisions allowing for judicial review in formal courts if a party disagrees with the customary Court's ruling. Regarding fines as a criminal sanction, determining the appropriate amount often complicates the resolution of cases. The system is rooted in communal values emphasizing collective rather than individual justice, reflecting principles of kinship, religious beliefs, and societal cohesion in decision-making.

Murabahah contract in subsidized home ownership financing deed by notary in Bogor district

Akad Murabahah is a contract that finances an item by describing its purchase price to the buyer and asking the buyer to pay a higher price according to the agreed profit. The purpose of this research is to know and analyze the role of Notary in making a deed of financing subsidized home ownership and to know and analyze the murabaha contract in the deed of financing subsidized home ownership by notaries in Bogor Regency. This research uses normative legal research methods with the approach of legislation, norms, and doctrine as the main study, but is also supported by empirical approaches such as interviews to complement existing juridical data. The results of the study found that the role of notaries in making deeds of financing subsidized houses with murabaha contracts has not been widely carried out by Islamic banks, notaries in this case public officials who make deeds play more of a role in making ordinary commercial house financing. whereas when houses are subsidized, not many Islamic bank partners use notaries. Currently, the murabahah contract is still the choice of customers in buying houses at Islamic banks, because the margins offered by banks are not large and certain. However, there is a need for a kaffah concept of Islamic law in making deeds, for this reason this research is expected to conceptualize the anatomy of a murabahah contract based on applicable legal principles and Islamic legal values.

Peluang dan Tantangan Pemenuhan Hak Perempuan Pasca Cerai Gugat di Pengadilan Agama

Divorce is the dissolution of a marriage carried out through a court decision or at the request of one party in the marriage, often involving various legal and social considerations. PERMA No. 3 of 2017 concerning Guidelines for Judges in Adjudicating Cases Involving Women in Conflict with the Law serves as a legal foundation and an important reference for judges in the Religious Courts. This study employs the method of Empirical Legal Research, allowing the researcher to observe and evaluate the implementation of this regulation in the field. In addition to PERMA No. 3 of 2017, there are also supporting regulations such as SEMA No. 3 of 2018, SEMA No. 2 of 2019, and SEMA No. 5 of 2021. These regulations require judges to order the husband to pay maintenance to the wife before pronouncing the divorce declaration and issuing the divorce certificate. This aims to ensure that women's rights are protected and fulfilled, even in often complicated divorce situations. The research findings indicate that opportunities for fulfilling women's rights are increasingly open, creating legal equality based on the principle of justice and providing protection for women after divorce, which may not have been guaranteed previously. However, the lack of legal awareness from both parties, the husband and wife, has led to the implementation of these regulations not running efficiently and effectively. Therefore, this study is expected to contribute to the development of policies and legal practices that are more supportive of women in the divorce process.

Dinamika Hukum Administrasi Negara Terhadap Mekanisme Kontinuitas Kebijakan di Masa Peralihan Kekuasaan Presiden

Transitions of presidential powers often create policy uncertainty, which can disrupt the stability of the administration of government and violate the principle of legal certainty. State administrative law, as the main instrument in maintaining policy stability, has not been fully effective in ensuring policy continuity in Indonesia during the transition of power. The study aims to analyze the role of state administrative law in maintaining the continuity of public policy during the presidential transition of power. Using normative legal research methods, the study analyzed various regulations, such as Law Number 30 of 2014 on Government Administration, as well as conducting comparative studies with administrative legal systems in the United States and Germany. The results show that, despite efforts to provide a clear legal foundation for policy continuity, implementation on the ground is still weak, especially in terms of oversight and policy evaluation procedures. Countries such as the United States and Germany have succeeded in creating systems that allow policy continuity during the transition of power through stronger oversight mechanisms and transparent evaluations. The implication of this study is the need to reform administrative law in Indonesia, by adding more specific regulations to ensure policy stability and protect public interests during the transition of power.

Pengawasan Pelaksanaan Akad Notaris pada Perbankan Syariah oleh Dewan Pengawas Syariah

The rapid development of Islamic banking institutions must be supported by effective supervision so that operations are more efficient, so the Sharia Supervisory Board was formed by the National Supervisory Board (DSN) to oversee the application of sharia principles in Islamic banking. This research aims to find out the role of the Sharia Supervisory Board in supervising Islamic financial institutions in Indonesia and the Sharia Supervisory Board (DPS) related to supervising the implementation of contracts by Notary. The method used in this research is doctrinal legal research method using secondary data related to Islamic banking. The results of this study indicate that DPS supervision in Islamic banking is not optimal, which has an impact on the supervision of contracts in Islamic banking, as seen from the many problems in Islamic banking in the form of contract violations contrary to sharia principles. The conclusion of this problem is that the Sharia Supervisory Board (DPS) has not optimally carried out its supervision according to its rules to ensure compliance with sharia principles, as supervisors of Islamic banks must oversee every stage of the financing process to ensure the legal protection of their customers.

Престиж преподавателя высшей юридической школы: некоторые особенности и направления развития

The purpose of the presented article is to identify the main difficulties and obstacles in establishing the socio-legal prestige of the teaching staff of higher education in modern Russia. The authors of the article formulate separate proposals aimed at organizational, legal, cultural and ideological support of the teaching profession of an educational organization. Methodology: the study combines the analysis of social relations and legal regulation in the context of the socio-legal prestige of a higher school teacher. In general, special legal, sociological, cultural, and logical research methods are used. Conclusions. The main conclusion is made in the work: the qualitative components of the socio-legal prestige of a teacher of an educational organization affect not only the state of the professional educational environment, but also determine the development of higher education. The authors of the article believe that objective difficulties and problems that stand in the way of forming the prestige of the teaching profession of an educational organization can lead to deformation of professional legal culture and regression of educational activities. Scientific and practical relevance. The proposed ideas can be used to discuss issues of improving the legal education system within the framework of scientific seminars and conferences. The authors are confident that the development of the higher education system through its social support and actualization can increase the prestige of the work of a teacher of an educational organization. Some of the ideas proposed in the article can be implemented in the field of artistic creativity and culture.

ISLAMIC FAMILY LAW ON POLYGAMOUS MARRIAGE IN MALAYSIA: BETWEEN ROSES AND THORNS

Marriage is a way of gaining a peaceful mind and soul, be it monogamous or polygamous marriage. This is the sweetness of marriage as enshrined by Islam. To achieve this wisdom, conditions laid down by the religion and legal requirements must be observed. Otherwise, a marriage may turn into a miserable and thorny life for couples, especially in polygamy. Thus, the purpose of this paper is to disseminate legal knowledge and refine the understanding about polygamous law in Malaysia. The central arguments of this study are two-pronged: (1) to deliberate on the Malaysian legal framework for polygamous marriage and (2) to discuss a crucial legal issue related to polygamy, namely cross-border marriage and its effects. The qualitative method of doctrinal legal research was employed to obtain and analyse primary and secondary data from various sources. It included examining the statutes and decided cases of the Syariah Courts, including reported and unreported cases. The relevant statutes studied were the Islamic Family Law (Federal Territories) Act 1984 and the Enactment of Islamic Family Law (Kedah Darul Aman) 2008. In substantiating arguments, data from e-Syariah Version 3 (ESV3) was used together with existing literature. The findings revealed that refusal or failure to comply with legal requirements pertaining to polygamous marriage may lead to cross-border marriage and its aftermath effects on the legality of the marriage, jurisdiction of the court, and the rights of wives and children in the context of law. Hence, the enforcement of existing laws on polygamy should be emphasised to control any abuse of power by a man to contract a polygamous marriage. More importantly, the laws and enforcement should be strengthened to protect the rights of the wives and children. Future research may focus on issues involving the rights of the wives and children of a polygamous marriage upon the death of the husband or father according to Islamic family law in Malaysia and its implementation.

Legal Discovery of Religious Court Judges in Marriage Itsbat Cases: An Effort to Reform Marriage Law in Indonesia

Marriage as the foundation of the family has an important position in society, but problems often arise regarding marital status, especially in itsbat of marriage cases. This study aims to identify and analyze the legal findings of Bandung Religious Court judges in itsbat of marriage cases, as well as the extent to which these legal findings contribute to the reform of marriage law in Indonesia. This research uses normative legal research methods with a legislative approach and case studies, primary and secondary data obtained from itsbat of marriage decisions, books, and journals that have the same discussion as this research. The results showed that the Religious Court judge in deciding the itsbat of marriage case had made various efforts to provide fairer legal protection for the parties who filed the application. The resulting legal findings, such as the application of the precautionary principle in assessing evidence, considering aspects of material justice, and providing innovative solutions in complex cases, have contributed significantly to the development of marriage law in Indonesia. However, there are still some challenges that need to be overcome, such as limited access to evidence and legal uncertainty in some aspects. Therefore, further efforts need to be made to improve the regulations and mechanisms for resolving itsbat of marriage cases, so as to provide legal certainty and justice for all interested parties.

Implementation of the Right to Education for Abandoned Children in Salatiga City

This study was conducted to examine the implementation of the right to education for abandoned children in the city of Salatiga. The main objectives are, first, to explain how Salatiga city government regulations play a role in fulfilling the right to education for abandoned children, and second, to explore how these regulations are implemented. Using a normative legal research method, which employs both statute and conceptual approaches, the study draws on secondary legal materials from literature, legal journals, expert opinions, and official websites. The findings reveal that in Salatiga, the right to education for abandoned children is implemented through both formal and non-formal education. Formal education focuses on basic education, while non-formal education includes vocational training and entrepreneurial coaching. The results of this research show that the application of formal and non-formal education by the Salatiga city government has successfully increased access to education for abandoned children. This study contributes significantly to promoting more inclusive and sustainable educational policies for abandoned children, with recommendations for improved regulations and more targeted vocational education programs.

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

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.