Normative Law Research Research Articles

AKIBAT HUKUM PELAKSANAAN ARISAN PRESPEKTIF PERJANJIAN DALAM HUKUM PERDATA

In the implementation of research related to the legal consequences of the implementation of arisan in the perspective of this agreement is conducted. The purpose of this study is to determine the legal consequences of the implementation of the perspective of the agreement in civil law. In this study uses a type of normative law research, with several approaches. The statue approach is an approach used by reviewing all relevant laws and regulations in accordance with the law dealt with, conceptually and historically. The results of this study show that one form of agreement in society in general is the agreement to conduct arisan activities. Arisan is very similar to savings. As a system to save money, but this activity is also intended for meeting activities that have an element of coercion because members are required to pay and come when the lottery will be held. As a result of the law, the relationship between the legal subject and other legal subjects of an agreement, contains the fulfillment of the rights and obligations of the parties by mutual agreement as a law for those who make it. That is the meaning of the essential agreement regulated in article 1338 of the Civil Code. And article 1320 of the Civil Code is also the basis of an agreement that is consensualism. However, article 1338 paragraph (1) and article 1320 of the Civil Code are not enough to be used as a standard in the implementation of arisan as a

Legal Certainty on The Implementation of Death Criminal Decisions that have Permanent Law Power in Indonesia(A Review of the Death Criminal Decision on Narcotics in 2014-2018)

The principle of legal certainty applied to the principle of extra ordinary crime is contrary to the respect for humanity as the most fundamental human rights principle and the principle of legality is associated with positive law and international conventions. The results of this study are intended to seek or find arguments for the certainty of the execution of the death penalty for the community, family, convicts and the state, so that the research on death penalty decisions in narcotics cases that occurred from 2014 to 2018. This research method is included in normative juridical law research. The conclusion is, sentencing with the threat of the death penalty can still be applied in Indonesia in narcotics crime cases is appropriate. Therefore, the death penalty, of course, state law does not conflict with religious law/teachings, in other words, the death penalty does not conflict with the first precepts because the first principle of Pancasila is Belief in One God, which means based on the beliefs/religions of each person who in carrying out/believes His religion is also guaranteed in the 1945 Constitution of the Republic of Indonesia, which is contained in Article 28 E paragraph (1) and paragraph (2) and Article 29 paragraph (2).

Perlindungan Hukum Terhadap Tenaga Kerja Lokal dalam Undang-undang Nomor 11 Tahun 2020 tentang Omnibus Law Cipta Kerja

Regulatory problems and the disharmony of laws and regulations in labor law in Indonesia have forced the government to reform the rules through the omnibus law which aims to reduce the unemployment rate in Indonesia. The concept of a state of law (rechtsstaat) adopted by the Indonesian state includes the protection of human rights as well as legal certainty and is based on the law. Economic development is very important for improving people's welfare. The purpose of this study is to analyze the regulation of the omnibus law of work copyright for local workers in foreign investment companies in Indonesia and the form of legal protection of the omnibus law of work copyright for workers. The type of research used is the type of normative law research with a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary. The technique of collecting legal materials by analyzing and citing applicable laws and regulations from books, literature, and other sources. The results of the study reveal that the omnibus law concept is one of the breakthroughs to reorganize current regulations. To minimize the occurrence of disharmony and overlapping of existing laws and regulations, the omnibus law is a good plan for structuring regulations. The Indonesian people must formulate new policies that are able to make Indonesia compete with countries in the world to attract investment. These policies must be able to restore the wheels of the slumped Indonesian economy. Regulatory reform is expected to help ensure that laws and regulations in all areas of activity are fully responsive to changing economic, social and technological conditions that surround them.

THE LEGAL ACT ON COUNTERFEITING THE COVID-19 VACCINE IN INDONESIAN HEALTH LAW

The International Criminal Police Organization has officially issued a global warning to law enforcement officials in 194 member countries to prepare to prevent and deal with various world criminal networks that will seek to utilize the Covid-19 vaccine, both physically. The online form is counterfeiting the Covid-19 vaccine. This study aims to analyze the criminal act of counterfeiting the Covid-19 vaccine from the Health Law in Indonesia. The research method used is the Normative Law research method, which examines library materials or secondary data. Normative legal research is also called doctrinal legal research. The criminal act of counterfeiting the Covid-19 vaccine is generally regulated in Article 386 Paragraph 1 of the Criminal Code relating to acts of fraud and forgery. However, it is specifically regulated in the provisions regarding penalties for distributing fake vaccines in Indonesia as regulated in Articles 196, 197, 198, and 201 Act No. 36 of 2009 concerning health. The ingredients are everyone deliberately and producing and circulating counterfeit vaccine preparations. For the criminal act ofCovid-19 vaccine counterfeiting corporate, the corporation can be subject to additional penalties in the form of revocation of business licenses and revocation of legal entity status.

Juridical Study on the Legal Certainty of Notary Electronic Deeds in the Covid-19 Pandemic

The purpose of this study was to find out that guarantees of protection of property rights are realized through the making of an authentic deed. The important position of an authentic deed is based on the function of the authentic deed. An authentic deed has 2 (two) important functions, namely the deed as a formal function which means that a legal act will be more complete if a deed is made. The function of the instrument of evidence is the deed as a means of proof in which the deed is made by the parties bound by an agreement for the purpose of proof. The method used in this writing is the normative method. Normative Law Research is legal research conducted by examining literature or secondary data. The conclusion of this study explains that the Terms are set out in Article 28 Regelemet op het Notaris-ambt in Indonesia (Ordinance 11 January 1860) and Article 16 paragraph (1) letter m of Act No. 30 of 2004 Jo. Act No. 2 of 2014 Concerning the Notary Office. The entry of Covid-19 virus in the country is a matter of its own for the implementation of these conditions. Therefore the legal certainty of the validity of the Electronic Deed must be regulated in more detail and have binding legal force.

Tinjauan Yuridis Terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.

Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.

Stigma Negatif Perempuan Korban Kejahatan Menjadi Hambatan Dalam Pengusutan Terhadap Perbuatan Kekerasan Sebagai Bentuk Pemberian Perlindungan Hukum

Women are a group of people whose position is part of a country that is still characterized as a weak group and prone to a form of crime. Therefore, women need a form of legal protection to obtain remedies for crimes received and as a form of preventive measures to stem these crimes from recurring. The PKDRT Law, the Witness and Victims Law and the Criminal Code are regulations that can provide legal protection to women. The three laws and regulations can be a direction for law enforcers to provide a form of protection for women as victims of crime. However, in its application there are obstacles that can hinder the process of providing protection to women. This study aims to determine what obstacles can be a barrier to law enforcement officials to provide protection to women and to find out what forms of legal protection can be provided to women as victims of crime. The method in this research fosters Normative Law research which focuses on the rules and norms of positive law and data collection that has been compiled from various studies and websites that are relevant to the discussion. Based on the research results, it is found that: First, there are obstacles that occur in providing protection to women in the components of the criminal justice system. Second, that legal protection for women can be done abstractly and concretely by applying the provisions in the Witness and Victim Law, the PKDRT Law and the Criminal Code, so that the three laws and regulations can provide protection to women which is done abstractly or concretely.

Procedures For Examining Inherited Land in the Perspective of the Basic Agrarian Law (UUPA)

This study aims to determine the procedure for acquiring inherited land in the perspective of the Basic Agrarian Law as well as to find out the legal protection for one of the heirs whose inheritance land is transferred. The research method used by the author is normative law research using a statutory approach or can also be called the Statute Approach. By using primary legal materials, namely legislation related to legal issues in this study. Then secondary legal materials in the form of journals, books, articles and other literature. And the analysis used by the author is the method of deduction. The conclusion of this study is that the procedure for acquiring inherited land in the perspective of the LoGA must be based on a mutual agreement between the rights holders to terminate the joint ownership with evidence of the deed of sharing the joint rights made by PPAT. There are several chronologies of the occurrence of this nyusuki, among others, when there are two heirs, where one heir really needs money, so the other heirs provide access. Then another chronology is when there is one heir who has occupied the land from before the heir dies until he dies, and the heir does not want to sell the land inherited by the heir.

Penyelesaian Sengketa Perasuransian oleh Badan Mediasi dan Arbitrase Asuransi Indonesia (BMAI)

Disputes are common in the business world. The insurance industry is no exception. The Indonesian Insurance Mediation and Arbitration Agency is a legal entity in. the form of an association that is independent and impartial, June/ions to resolve dispute claims (claims for compensation or benefits) between the Insurer (Insurance Company) and the Insured (Policy Holder). In this research raises two problem formulations, first What is the function of BMAI in the settlement of insurance disputes and second is How is the Settlement of Insurance Disputes by BMAI. The type of research is the type of Normative Law research. The approach method used is the statutory approach. Meanwhile, the technique of collecting legal materials is the technique of reading and understanding as well as searching using the internet, the research result states that BMAI functions as a settlement institution for Insurance Disputes between the Insured and the Insurer that occurs in Indonesia. BMAI Will accept all complaints of Insurance Claim disputes submitted by the insured party and the insurer and the proposed dispute must meet the settlement requirements by BMAI. The Settlement of Insurance Check by BMAI is completed in three stages, namely, Mediation, Adjudication, and the Arbitration

Penegakan Hukum Oleh Polri Terhadap Pelaku Tindak Pidana Pencurian Sepeda Motor Dengan Pemberatan (Studi di Polrestabes Medan)

The purpose of this study was to analyze law enforcement efforts, obstacles and prevention of criminal acts of theft by POLRI against perpetrators of the crime of motorcycle theft with weights in the jurisdiction of Medan Police. This type of research is directed to normative juridical law research. The nature of the research is descriptive analysis of the law enforcement by the Indonesian National Police against the perpetrators of the crime of theft. The results showed that law enforcement efforts were carried out, after the personnel received a complaint report from the victim regarding the occurrence of theft with weighting proceed to the stage of investigation and investigation, against the perpetrators of theft with the weight of a motorcycle subject to Article 363 of the Criminal Code with a maximum penalty of 9 years imprisonment depending on the the method used by the perpetrator to commit theft by weight. Barrier factors include the identity of the perpetrator is not clear, the perpetrator does not have an ID card, the perpetrator does not admit his actions, there are no witnesses at the crime scene. The perpetrator lost evidence, the victim did not want to report it to the police, there were no supporting witnesses. Countermeasures include carrying out preventive measures by carrying out patrols in suspected places, conducting socialization and community approaches in order to create synergistic coordination and cooperation in creating security. Repressive efforts by increasing efforts to take action against perpetrators of theft by weighting motorbikes by providing strict sanctions and having a deterrent effect on perpetrators and providing guidance to the community to comply with the law.

Analisis Qiyās Transaksi Tawarruq dengan Bai’ al-’Īnah

This paper aimed to analyze the application of qiyas method in the prohibition of tawarruq transactions through qiyas tawarruq with bai' al-‘înah. This paper was qualitative research with a type of normative law research using conceptual approach. The results of paper showed that the application of the pillars of qiyas in qiyas tawarruq with bai' al-‘înah namely: bai' al-‘înah as ashl, tawarruq as far', the prohibition of bai' al-‘înah practice as hukm al-ashl and the main motive of the transaction in the form of obtaining cash (liquidity) instead of owning goods (commodities) with the mechanism of buying and selling and debt that represents hilah ribawiyah is as 'illat. Therefore, as is the prohibition against bai' al-‘înah, as it also applies to tawarruq. However, there is also a difference between bai' al-‘înah and tawarruq on the grounds of differences between the parties who make the second purchase, and some allow tawarruq on the condition that there is an urgent need or no agreement with a third party. Thus, it is very important in positioning ushul fiqh relevant to contemporary economy and finance, because the muamalah in Islam has flexibility, elasticity and openness to the development of the times.

Implikasi Hukum Penyelamatan Kredit Bermasalah melalui Restrukturisasi di Indonesia

Restructuring is commonly used in banking to handle non-performing loans. However, each bank has its own policies in its implementation. This article aims to find out how debtors need to pay attention to the restructuring mechanism, and what are the implications of this method for the debtor. This research is included in normative law research, with a conceptual and statutory approach, which uses secondary data from primary, secondary and tertiary legal materials which are then analyzed qualitatively. The results obtained indicate that the factors causing problem loans can occur from internal (bank) and external (debtor) factors. Through credit restructuring, it can be chosen because it is better able to provide a solution between the two, because it is preceded by negotiation between the parties so that the interests of both are conveyed. Restructuring can release the threat of execution of the mortgage object for the debtor, but on the other hand it also has implications for the debtor to settle credit for a long period of time.

Welfare State dalam Urgensi Land Banking di Indonesia

The high demand for housing has caused land prices to soar. This of course makes it difficult to build affordable housing for Low-Income Communities in urban areas. As a result, they will try to find a place to live as much as they can, such as by the river or railroad. Of course this is another problem in urban areas. Problems that can arise are flooding, environmental pollution, and the emergence of slum settlements. The alternative in solving this problem is the availability of land at an affordable price or with the Land Banking Principles to achieve community welfare. Based on the above background, the formulation of the problem can be described, namely how the Legal Characteristics of Land Banking and the application of Land Banking in Indonesia based on the Welfare State perspective. While the purpose of this research is of course to find and analyze the legal characteristics of Land Banking and to analyze and find the application of Land Banking in Indonesia from the perspective of Welfare State. This research is a normative juridical research or literature law research by examining existing literature, both primary and secondary legal materials, using a statutory and conceptual approach to later categorization and analysis.Land bank is a land policy where there is state authority either from the government itself or from an independent institution that has the authority to acquire, manage, regulate and distribute abandoned land for public purposes according to government programs. The concept of Land Banking, which is a land policy where there is state authority either from the government itself or from an independent institution that has the authority to acquire, manage, regulate and distribute abandoned land for public purposes according to government programs. This concept can be said to be a concept as an attempt by the government to fulfill its obligations in order to achieve the welfare of society by making a policy. The government made a Land Banking policy because land is an important element for the community as a place to live. Meanwhile, the residence itself can be said to be the primary need of the community. So that if the primary needs are achieved, the welfare of the community will also be achieved. Of course, in this case the organizer of the Land Banking concept is expected to be the government itself, so that later this concept will not be shifted from the original goal, namely for the welfare of the community. In addition, it is hoped that the policy can be made in written form so as to guarantee legal certainty.Keywords: Welfare State, Land Banking, Society

SANKSI PELAKU PENGGELAPAN PAJAK DALAM PERSPEKTIF HUKUM PIDANA ISLAM (ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR: 1030K/PID.SUS/2016

In the Decision of the Supreme Court Number: 1030K / PID.SUS / 2016, it is known that the decision of the District Court Judge is not in accordance with the Law because it sub-subsidizes the fine, while in the High Court Judge Decision has also wrongly applied the sentence because it only gave a fine sentence in the year 2008 whereas 2009 was not awarded. Therefore, it is interesting to see the verdict that will be given by the Supreme Court Judge. There are two things that are raised to be the focus of the research, namely the basis for the consideration of Supreme Court judges and the analysis of Islamic criminal law on the sanctions for tax evasion perpetrators in Decision Number: 1030K / PID.SUS / 2016.
 The method used in this research is Normative Law Research, which aims to obtain theoretical matters through library research (Library Research). The type of data used is qualitative, while the source of the data taken in this study is secondary data which is obtained from data that has been processed and obtained from library materials. Then this discussion is described in a deductive way of thinking, namely from general to specific questions so that the presentation of the research results can be understood easily.
 The basis for consideration of Supreme Court judges in Decision Number: 1030 K / PID.SUS / 2016 is in accordance with juridical, philosophical, and sociological aspects. As for Islamic law, the sanctions for tax evasion perpetrators in the decision Number: 1030 K / PID.SUS / 2016 are categorized into Jarimah ta'zir.
 Keywords: Criminal Sanctions, Tax Embezzlement, Ta'zir

Criminology Analysis of Women's as Perpetrators of Domestic Violence Crimes

This study aims to find out the analysis of women's criminology as perpetrators of domestic violence crimes. This research is a combination of Normative law research with prescriptive analysis techniques. As for approach is the approach of legislation (statute approach) and case approach. The results showed that factors that affect the number of acts of violence against husbands in the household, namely, economic factors, communication factors, factors of low understanding of religion in the household, factors of parents, husbands often consume alcohol, the presence of a third person in the household as well as psychological factors. Efforts made by law enforcement officials to tackle domestic violence crimes committed by women in Gorontalo city, namely, preventive countermeasures, curative countermeasures, and repressive efforts carried out at the crime time. In making this effort, the police must take action in case of domestic violence cases.

Landasan Yuridis Tentang Pengesahan Perjanjian Mutual Legal Assistance antara Republik Indonesia dengan Konfederasi Swiss

The intensity of criminal acts committed across countries, with crimes and modus operandi that are difficult to identify. This raises problems that require juridical countermeasures by engaging in intense cooperation between countries. The study has the goal of (1) tu find out and exlain the legal basis behind the reciprocated legal aid in criminal problems between Indonesia - Swiss, and (2) to study about a form of Mutual Legal Assitance between Republic of Indonesia with Confederacy of Swiss. The method of research used was normative juridical research, known in law science as normative law research. The legal material in this study is primary material and secondary material. The analysis technique used is a descriptive method of describing an event that was thoroughly studied and providing legal arguments on the subject. Under law about International treaties, it is a regulation that provides a legal basis for Indonesian governments in requesting or providing mutual legal assistance in criminal matters.(under article 2 of act about mutual legal assistance) the agreement between Indonesia with Swiss is explained in article 2 of treaty on mutual legal assistance in criminal matters between the republic of Indonesia and the Swiss confederation.

Landasan Yuridis Tentang Pengesahan Perjanjian Mutual Legal Assistance antara Republik Indonesia dengan Konfederasi Swiss

The intensity of criminal acts committed across countries, with crimes and modus operandi that are difficult to identify. This raises problems that require juridical countermeasures by engaging in intense cooperation between countries. The study has the goal of (1) to find out and explain the legal basis behind the reciprocated legal aid in criminal problems between Indonesia - Swiss, and (2) to study about a form of mutual legal assistance between Republic of Indonesia with Confederacy of Swiss. The method of research used was normative juridical research, known in law science as normative law research. The legal material in this study is primary material and secondary material. The analysis technique used is a descriptive method of describing an event that was thoroughly studied and providing legal arguments on the subject. Under law about International treaties, it is a regulation that provides a legal basis for Indonesian governments in requesting or providing mutual legal assistance in criminal matters (under article 2 of act about mutual legal assistance) the agreement between Indonesia with Swiss is explained in article 2 of treaty on mutual legal assistance in criminal matters between the republic of Indonesia and the Swiss Confederation.

Politics of Law of Social Security of Passenger Accidents Construction of State Responsibility

The role of the presence of the state is important so that the implementation of social security from the government to the community is managed from compulsory contributions and community contributions. Management and control of the funds are submitted to the State Owned Enterprises (BUMN) PT. Jasa Raharja. This research method is normative juridical (normative law research) using normative legal studies in the form of legal behavior products. Research findings: (1) The Political Law of Social Security for Passenger Accidents and Road Traffic Accidents provides an overview of the Insurance business that has been managed so far PT. Jasa Raharja is a social insurance program that can be organized by BUMN, so PT. Jasa Raharja as a state-owned company is the only provider of social security insurance for passenger accidents and road traffic accidents. (2) Barriers to adjusting the implementation of the Social Security Program based on Act No. 40 of 2014 concerning Insurance in terms of regulation between Act No. 33 and 34 of 1964 with Act No. 40 of 2014 concerning Insurance, the institutional provisions of article 89 of the Insurance Law are implemented, so there is a fundamental change in the administration of the mandatory insurance coverage for passenger accidents and road traffic accidents.

THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.