Indonesian Legislation Research Articles

APPLICATION THE CONCEPT OF JUSTICE BASED ON AL-QUR'AN INTERPRETATION IN THE CONSTRUCTION OF INDONESIA'S LEGAL SYSTEM

The purpose of this paper is to examine the application of the concept of justice based on the Qur'an’s interpretation in the construction of the Indonesian legal system. This research paradigm was the form of constructive design with analytical descriptive research specifications. Approach method used juridical empirical approach, it was used to view social symptoms related to the law and practice of legislation in Indonesia The focus of the problem in this paper was the different treatment between general inmates and corruption inmates in services and facilities in the prisons. Even in just one correctional institution, there are differences in room facilities between one another despite the fact that there are corrupt prisoners. It means that there is an injustice of the officials or authorities in giving the rights to prisoners. From the results of the research and discussion, it can be concluded that: 1) based on the Qur'an’s Interpretation, justice must be given to everyone without exception, including orders to be fair to the holders of power; 2) there are several components of the Indonesian legal system that still must be considered in the effort to uphold justice including the legal concept, the establishment of law, the form of law, and the application of the law. It is needed to revamp the intended system components, so that a system can run according to its purpose.

Sinkronisasi Peraturan Perundang-Undangan Tentang Kebijakan Bebas Visa Kunjungan

In order to guarantee the benefits and protect various national interests as well as in the framework of upholding the state's sovereignty in the immigration sector, it is necessary to stipulate principles, supervision systems, service procedures for the entry and exit of people into and from the territory of Indonesia. The regulation on Visit Visa Free in Indonesian legislation is inconsistent with each other with the application of free visit visas on the basis of reciprocity and the principle of benefit. The Immigration Law stipulates that the granting of visa exemptions must pay attention to the principle of reciprocity and the principle of benefit, while the Presidential Regulation on Visit Visa Free stipulates that the purpose of granting visa exemptions for certain countries is in the framework of tourist visits. Thus, neither the reciprocity principle nor the benefit principle which is the basis for the consideration of granting visit visa exemptions has not been fulfilled in the policy of the Presidential Regulation on Visit Visa Free.

Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.

PROTECTION OF WOMEN’S REPRODUCTIVE HEALTH RIGHTS BASED ON INTERNATIONAL LAW AND REGULATION ON LAWS IN INDONESIA

Women’s health is one of the 12 critical issues stipulated in the Declaration and Action Plan of the Fourth International Conference on Women in Beijing in 1995 until now the issue of reproductive health in Indonesia women are still the main study given the high mortality rate of women caused by disorders of the reproductive organs. This research focuses on the Protection of Women’s Reproductive Health Rights Under International Law and Legislation in Indonesia. This type of research used in this study is normative legal research sourced from primary, secondary, and tertiary legal material whose data collection is carried out by library study techniques.The results of the study indicate two things: (1) Protection of women’s reproductive health rights in international law is found in International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; Convention on the Elimination of All Forms of Discrimination Against Women and the International Labor Organization (ILO Convention) Number 183 of 2000 concerning Protection of Pregnancy. Action plans for women’s reproductive health rights include the Fourth World Conference on Women Beijing; International Conference on Population and Development Cairo; Sustainable Development Goals or SDGs. (2) Protection of women’s reproductive health rights in legislation in Indonesia is regulated in; The 1945 Constitution of the Republic of Indonesia; Republic of Indonesia Law Number 39 Year 2009 concerning Health; Law Number 39 Year 1999 concerning Human Rights; the Republic of Indonesia Law No. 13/2003 concerning Manpower; the Law of the Republic of Indonesia Number 35 of 2014 concerning Child Protection. National policies related to reproductive rights include Government Regulation Number 61 of 2014 concerning Reproductive Health; Regulation of the Minister of Health of the Republic of Indonesia Number 43 of 2016 concerning Minimum Service Standards in the Field of Health. Regional policies related to Reproductive Health include Lampung Province Regional Regulation Number 17 of 2014 concerning the Provision of Exclusive Breast Milk.

APPLICATION OF ONLINE DISPUTE RESOLUTION (ODR) IN INTERNATIONAL AND INDONESIA DOMAIN NAMES DISPUTES

The Online Dispute Resolution has become a breakthrough in the world of law, especially the law of dispute settlement. Online Dispute Resolution is used in several disputes such as e-commerce disputes and domain name. Technically, part of the ODR has been used by Indonesia’s Constitutional Court, where the Indonesian Constitutional Court utilizes video conferencing facilities in listening to witness testimonies and expert opinions. Moreover, PANDI (Pengelola Nama Domain Indonesia) has implemented most of the functions of the ODR in resolving Domain Name disputes in Indonesia like one of the cases that has been resolved, we call as “Netflix.id” Case that is the case of the Netflix Company who has used Netflix’s name as merchandise since 1977. Netflix Company knowing that there is a new domain name that uses the name of the item, namely “Netflix.id” is officially registered and this interferes with the trading of the Netflix Company, with the result that Netflix Company filed a lawsuit to namely removing the “Netflix.id” domain name. This case was resolved without going through a face to face PPND Process (Pedoman Perselisihan Nama Domain) as a legal basis under Indonesian legislation Currently. Online Dispute Resolution has been used by various world organizations including UNCITRAL, European Commission, and WIPO Arbitration and Mediation. PANDI (Pengelola Nama Domain Internet Indonesia) as one of the parties that utilize the online dispute resolution has policies established under existing international regulations. Still, the ODR has been applied in some cases and resulted in binding decisions to the parties.

Mekanisme Pembubaran Partai Politik di Indonesia

Political parties as legal entities may be subject to criminal liability as they are seen from the characteristic of political parties in accordance with the characteristics of the legal entity. The dissolution of political parties becomes one of the legal issues governed by Indonesian legislation. The problem of this research is: 1) how is the Constitutional Court Authority in the dissolution of political parties in Indonesia? 2) How is the mechanism of dissolution of political parties? The type of research and approach problems used is normative legal research and statutory approaches. The source of the legal material used is the primary source of legal material and the source of secondary legal material. The technique of collecting legal materials is the technique of library study. The collected legal materials are processed and analyzed using legal arguments. The result of this research is the procedure of the dissolution of political parties in the Constitutional Court as follows: Application submission, application registration and trial schedule, preliminary examination, trial examination, meeting Judge, the verdict of the Constitutional Court. The result of the dissolution of political parties may result in external rights and obligations, due to elected positions, due to the status of managers and members and the consequences of internal rights and obligations.

Penerapan Akuntabilitas Dan Maslahat Dalam Perspektif Hukum Wakaf

This study aims to find out the application of accountability and benefits in waqf law and also to find out the urgency of recording waqf in the perspective of Islamic law and accountability in disclosure. The object of the research is the implementation of waqf in Medan City community. This is a descriptive qualitative research. The method of collecting the data in research uses library research and interviews with several related parties. The sampling technique uses random sampling. The type of data used in this study is secondary primary data. The data analysis used is descriptive by using literature studies in the form of muamalah fiqh books including the DSN-MUI fatwa. The results showed that Waqf is one of the legal actions that have been determined by rules, harmony and conditions, both in the perspective of classical Jurisprudence and legislation in Indonesia. The application of waqf law as a legal act in the perspective of benefit and accountability can be realized by recording waqf up to reporting the development of waqf management to the Indonesian Waqf Agency (IWA) or it can be conveyed directly to the public.Keywords: Waqf, Accountability, Benefits

Akibat Hukum Atas Perjanjian Jual Beli Hak Atas Tanah Yang Mengandung Cacat Hukum

Land for humans has a very important meaning for life itself and together with the community.The importance of land can be seen from the function of the land, namely as a place to stand, for houses,a place to make a living, as a place to worship the Creator and also a place to bury those who havedied. By paying attention to the function of such a large land, the longer it feels as if the land becomesnarrow, while the demand always increases, it is not surprising that the value of the land becomes high.From the importance of the land, it is very necessary to do a study of what is meant by the sale andpurchase agreement of land rights that contain legal defects? What efforts can be taken in resolvingthe sale and purchase of land rights that contain legal defects? This type of research uses legal researchin normative legal aspects that reviews current legislation in Indonesia in relation to the legalconsequences of land purchase and sale agreements that contain legal defects. For the answer all theseproblems, article 1425 of the Civil Code regulates the occurrence of buying and selling and the articlestates that the sale and purchase is deemed to have occurred between the two parties, immediatelyafterwards these people agreed on the material even though the price of the material had not beendelivered or the price not yet paid. With the sale and purchase of the land, it does not mean that the ownership rights in this case the ownership rights to the land have changed. Because the transfer ofownership rights to land needs to be followed by legal actions in the form of Yuridische levering so thatit does not cause legal defects. The legal effect of the land purchase agreement that contains legaldefects is that the seller returns the money from the sale of land to the buyer and the buyer returns thecertificate of land rights to the seller so that it can be canceled due to the seller's fault. Efforts that canbe taken in resolving the sale and purchase agreement on land containing legal defects can be resolvedeither by deliberation, peace or family and if this fails, the solution is through mediation, if it is notfinished, the legal remedies are the last resort.

COOPERATION INITIATIVES BETWEEN THE DIRECTORATE GENERAL OF IMMIGRATION AND THE AUSTRALIAN GOVERNMENT ON AIRPORTS IN INDONESIA

This study is to examine the nature of collaboration between the Department of Home Affairs Australia (DHA) and the Directorate General of Immigration Indonesia (DGI) to protect their borders and intercept unauthorized arrivals, and to identify current challenges of postings of Airline Liaison Officers (ALOs) at airports in Indonesia. This study employs the qualitative research method methodology using the document analysis and observation at Jakarta and Bali airports by collecting sources of data from public organizational reports, official documents, books, online publications, or journal articles. The data is analyzed by using the five indicators by O’Leary & Vij: power, communication, perceived legitimacy, trust, and information exchange. The study shows the collaboration between DHA and DGI in posting of ALOs at airports in Indonesia has been running for more than a decade as the extraterritorial immigration control despite legal challenges, sovereignty, non-refoulment principles, human rights violations, and authority overlap. This paper recommends both countries to ratify new arrangements about posting of ALOs subject to the national sovereignty, data sharing, use of technology, Indonesian legislations, and involvement in operation protocols. Further study about extraterritorial immigration control by postings of ALOs in Indonesia can be discussed from the perspectives of national sovereignty, border integrity, and intelligence service.Keywords: DHA, extraterritorial immigration control, ALOs, unauthorised arrivals, perceived legitimacy

A review of corruption in public procurement in Indonesia

The implementation of a good State is one of the benefits of preventing corruption, meaning that Indonesia’s funds and natural resources are fully managed for the interests and prosperity of the people. The public understands corruption as something detrimental to state finances. In Law 31 : 1999 in conjunction with Law 20 : 2001 concerning Eradication of Corruption Crime there are 30 types of corruption. One of the seven Corruption Crime groups is gratification. Two of the seven principles of gratification control are transparency and accountability. The principle of openness is reflected in the mechanism for reporting on receipt of gratuities to the Corruption Eradication Commission. This study attempts to identify various aspects associated with the potential occurrence of corruption in the procurement of Government sector infrastructure projects based on a literature review through existing legislation in Indonesia. The results of the study are expected to be able to find indicators as potential corruption in public infrastructure procurement.

Electronic Record Keeping to Support Indonesia E-Government Implementation

Background of the study: Electronic record keeping is one of the things that can significantly affect the implementation of e-government, because every transaction with the e-government will create electronic archives. However, many countries in the world still do not pay attention to the practice of managing their electronic archives, especially in developing countries, one of them is Indonesia. Purpose: This article aims to know the practice of electronic record keeping in the implementation of Indonesia e-government. Method: The writing method used in this article is a literature review by identifying secondary literary sources and archival legislation in Indonesia as a basis for conducting electronic record keeping. Findings: The implementation of electronic record keeping should be done well and correctly. Because when electronic record keeping in a government has been doing did good and true, it will automatically be able to support the implementation of e-government as already done by developed countries in the world.Conclusion: Electronic record keeping in developing countries is used as a strategy in implementing e-government.

Analysis Principles Of Criminal Law In Article 72 Qanun Of Aceh No. 6 Of 2014 On The Jinayat Law

This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement.�

Protection of Computer Programs in Industrial Revolution 4.0 Era: From Indonesian Legislation Perspective

Protection of Computer Programs in Industrial Revolution 4.0 Era: From Indonesian Legislation Perspective

ANALISIS KRIMINOLOGI KEJAHATAN PENGGELAPAN DAN PENIPUAN DANA UMROH OLEH BIRO PENYELENGGARA PERJALANAN IBADAH UMROH PT.NABILA TRAVEL DI KOTA MEDAN

The rise of fraudulent umrah funds by companies that organize Umrah trips is inseparable from the role of the government as the party that gives business permits and is the party responsible for supervising the conduct of business activities carried out by the Bureau of Organizing Umrah Worship Travels.Based on the results of the study, it was found that the regulation of fraud and embezzlement of prospective Umrah pilgrims in Indonesian legislation, there are at least three relevant laws, namely Law No. 1 of 1956 concerning the Criminal Code, Law No. 8 of 1999 concerning Consumer Protection and Law No. 13 of 2008 concerning the Implementation of Hajj and Umrah services. The cause of the fraud and fraud of Umrah funds by PT. Nabila Putra Mandiri is an encouragement in the suspect to fulfill unlimited desires (lusts) and a culture of people who are trustworthy and tempted by lure that is profitable. The government policy prevented the embezzlement of pilgrimage pilgrimage funds by the umroh travel organizer bureau, namely by making a new policy in the system of Hajj and Umrah administration through the Integrated Umrah Supervision Information System and Special Hajj which was based on electronics.Keywords: Criminology analysis, embezzlement, Fund Umrah.

LEGAL ANALYSIS OF ENVIRONMENTAL EDUCATION IN ACCORDANCE WITH INDONESIA LEGISLATION

Increased awareness of environmental issues was leading to environment education introduction. This research discussed some Indonesian legislations accompanied to environmental education introduction and development. The study found that environmental education had been mandatory in various Indonesian legislations which had been observed with vertical and horizontal synchronization, in accordance with environmental protection and management purpose and scope in Article 3 and Article 4 of Act Number 32 of 2009.

Penguatan Kedudukan Peraturan Desa Dalam Sistem Perundang-Undangan Indonesia

In Law Number 10 of 2004, Village Regulations are placed as one of the types of Legislation in Indonesia. However, with the birth of Law Number 12 of 2011 concerning the Establishment of Legislation as a substitute for Law Number 10 of 2004 the position of Village Regulations became unclear, even unregulated and not included in the hierarchical system of Legislation in Indonesian. Village Head Regulations, which are the implementing rules of Village Regulations, and are positioned under Village Regulations, are more regulated and incorporated into the Indonesian Legislation System. Furthermore, in Law Number 12 of 2011, regulations regarding hierarchy or position / position of Village Regulations are not regulated. If carefully explored in Law Number 12 of 2011, there is no position in the Village Regulations as a type and explicitly in the hierarchy of Legislation. Therefore, this research is expected to clarify and reinforce the position or position of village regulations in Indonesian legislation. So that Village Regulations can be one of the rules of the Indonesian legislation.

Tax Rebate Policy: Relevansinya dengan Kebijakan Pengelolaan Zakat di Indonesia

The focus of this research is centred around the issue of tax rebate policy (zakat as a tax deduction). The first research problem, how is the legal policy in regards to the management of zakat and taxes from the perspective of the history of legislation in Indonesia? Second, what is the relevance of the tax rebate policy to the zakat management policy in Indonesia? This research is a normative study with juridical and historical approach. The results of the research conclude: First, in every certain period the political and legal characteristics are very progressive, depending on the political conditions and the development of social dynamics at that time. Second, the Malaysian government places zakat as an essential component in order to alleviate poverty and the income of taxpayers is given a 100% reduction on tax payments from zakat that has been paid, while Indonesia still applies tax deduction (PKP).

Explaining Gender Gaps in Indonesian Legislative Committees

AbstractParliamentary committees are central in most modern legislatures in the world as key decisions are often made at this level. Consequently, women’s substantial representation in parliament is frequently measured by the appointment of women in powerful and prestigious committees. However, there is relatively little knowledge about how the politics of committee assignment operates, especially in Asian democracies, home to the majority of the world’s women. In this article, the Indonesian case is used to explore two issues, which are the gendered division of committees and the impact of Islam as a party ideology in assigning women to committees. Using a quantitative approach, this article examines a unique dataset of committee assignments in Indonesia’s House of Representatives (DPR) from 2004 to 2014. Interviews with sitting parliamentarians are also used to complement the statistical analysis. The results show that gender bias is an enduring characteristic of Post-Suharto parliamentary politics and Islam as a party ideology is not solely accountable for this disparity in committee allocations.

Transformation of Fiqh in the Forms of Pilgrimage and Zakat Legislation

This article aims to provide an understanding of zakat and hajj legislation in Indonesia. The approach used is an analysis of the law itself. The Hajj and Zakat Law is a form of transformation of Islamic Jurisprudence in Indonesia. The latest hajj and zakat legislation are regulated in the Law of the Republic of Indonesia Number 8 of 2019 concerning the Organization of Hajj and Umrah and the Law of the Republic of Indonesia Number 23 of 2011 concerning Management of Zakat. It means that the government is responsible for the implementation of the pilgrimage for Muslims in Indonesia. These responsibilities include registration, determination of quotas, determination of deposits, guidance on hajj, etc. relating to the needs of pilgrims. The history of Islamic laws and regulations in Indonesia in the formation of zakat laws is a long and ironic journey. Zakat in fiqh is included not only as part of worship but also aspects of muamalah, especially the public aspect. Government policies in the field of worship provide the widest possible freedom . Keyword: Legislation; Zakat Act; Hajj Act; Zakat and Hajj.

THE ROLE OF THE COMMUNITY IN THE FRAMEWORK OF PREVENTION AND ERADICATION OF CORRUPTION IN THE PERSPECTIVE OF LAWS IN INDONESIA

Law Enforcement Problems including corruption, both prevention and eradication of corruption are not only the duty of law enforcers, but the duties of all parties including the public, community participation in the prevention and eradication of corruption have been regulated in many laws and regulations in Indonesia, this matter is interesting in detail, whether the regulation of community participation is still not appropriate so that the public does not know it or still needs a deeper analysis of the provisions of the articles on community participation so that the community is more optimal in playing an active role in efforts to prevent and eradicate corruption. Based on the explanation, the problem in this research is: How are the Settings and Forms of Community Participation in the Prevention and Eradication of Corruption in the Perspective of Laws in Indonesia? To answer this problem, the type of research used in this study is the type of normative legal research that is a type of research that examines matters that are theoretical, principles, conceptions, legal doctrines and legal norms relating to community participation in the framework of prevention and combating corruption in the perspective of legislation in Indonesia. While the legal materials used are primary, secondary and tertiary legal materials. The results of this study will analyze legally the rules and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia. There are several regulations that still need to be improved in the formulation of norms so that they can be more understood and understood by the public. Recommendations from this research are the arrangement and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia must have a good norm formulation and need to be socialized to the public so that people know and participate, so the formulation of norms in the legislation is not only contained in legislation but can be applied by the community in the context of preventing and eradicating criminal acts of corruption in the perspective of legislation in Indonesia.