Normative Legal Research Research Articles

JURIDICAL REVIEW OF PRENUPTIAL AGREEMENTS

A prenuptial agreement or commonly referred to as a prenuptial agreement is a contract or agreement that is equally agreed upon by a married couple, either before the marriage takes place, or during the marriage bond. In conducting research to be more focused, the author made a formulation of the problem, namely how is the legal provisions of the prenuptial agreement based on Law Number 16 of 2019, how is Amendments to Law Number 1 of 1974 concerning Marriage in Indonesia and the Legal Effects on Marital Property with the Prenuptial Agreement in Indonesia. The type of research used in this writing is normative legal research. Normative research is carried out by collecting data and information about the legal norms you want to research, then analyzing the data and information to get a deeper understanding of existing legal norms. Normative research methods can be carried out by means of literature studies, namely by collecting library materials or legal sources relevant to the research topic. The results showed that the forms of this marriage agreement include marriage agreements with togetherness of profit and loss, marriage agreements with togetherness of results and elimination of togetherness of wealth. The content of the agreement must be discussed carefully. You must ensure that you and your partner agree on the content of the agreement and are consistent with your values. For example, how joint property will be managed and divided if one day you divorce.

Status and Inheritance Rights of Daha Tua in Balinese Customary Inheritance Law: Study on Balinese Indigenous People in Banjar Dewa Village, Banjar Agung District, Tulang Bawang Regency

Old Daha is an adult woman biologically menstruating, until old age. It is said that Daha Tua if his status does not carry out marriage until the end of reproductive ability. So Old Daha was an adult woman until she died with the status of never married. The situation of Old Daha will be set aside by his family members because it is considered a mere burden, so the issue of Old Daha's inheritance rights arises and the distribution of Old Daha's inheritance rights to his heirs in Banjar Dewa Village, Banjar Agung District, Tulang Bawang Regency. This research is empirical normative legal research, with a descriptive type. The problem approach used is a juridical-sociological approach. The data used are secondary data and primary data. Data collection techniques with literature studies and field studies are interviews. Data analysis is used qualitative data analysis. The results showed that Daha Tua in Banjar Dewa Village was not an heir, however, along with the development of the era, parents assumed that Daha Tua was entitled to receive his parents' property while still paying attention to customary law as a guideline that applies in the Balinese customary inheritance system. The distribution of inheritance rights belonging to Daha Tua to his heirs in Banjar Dewa Village will be inherited to heirs who are related to Purusa by blood, such as his chosen brother or by adopting the nephew of his brother as a legitimate child. These efforts were made to get heirs and shelter in old age.

Disclaimer of Political Rights As An Effort to Eradicate Corruption

Corruption is an extraordinary crime, so extraordinary methods are also needed to prevent and eradicate this crime. The imposition of serious crimes is one of the ways needed to eradicate them, then new punitive breakthroughs are also needed in order to provide a sense of deterrence and fear to both the perpetrators and the community. Several cases that have been decided during the trial of corruption at the first level, among others, are on behalf of the accused, Inspector General. Djoko Susilo in the corruption case of the procurement of a driving license (SIM) simulator tool, the KPK Public Prosecutor demanded additional crimes of revoking the right to vote and vote in general elections and public office (political rights), and the panel of judges granted the demands at the appeal level. This additional punishment is regulated in article 35 of the Criminal Code in conjunction with article 18 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption. This research uses normative legal research methods, supported by primary, secondary and tertiary legal sources. With descriptive qualitative analysis.The problem with this additional punishment for depriving political rights is how to apply this additional punishment for depriving political rights in the prevention and eradication of corruption, because of course the KPK has strong reasons why this additional punishment is included as a punishment for perpetrators of corruption.

MEANING SOLE PROPRIETORSHIP BASED ON ACT CREATE WORK IN FRAMEWORK PERSPECTIVE LEGAL HERMENEUTICS

The problem of the Tender Offer is sticking to the surface, among others, because there have been several cases involving the Takeover of a Public Company by another Party, thus causing losses to other Shareholders, especially the Public Shareholders. Regulations regarding take over and tender over are contained in Law Number 8 of 1995 concerning the Capital Market and Government Regulations number 27 of 1998. In 2011 the Government enacted Law Number 21 of 2011 concerning the Financial Services Authority which resulted in the transfer of power regarding the regulation regarding macroeconomics shifts from Bank Indonesia to OJK which includes the Take Over and Tender Offer processes. In 2020 PT. Garudafood Putra Putri Jaya, Tbk. Taking Over to PT. Mulia Boga Raya, Tbk. This study aims to determine the arrangement of Tender Offers in Indonesia and the impact of the Takeover on a Public Company that was taken over. The form of research in the writing of this journal is the jurisdiction of normative legal research using the statutory approach. The legal materials used are of two types, namely primary legal materials and secondary legal materials.

INDONESIA'S ATTITUDE IN FACING THE SOUTH CHINA SEA CONFLICT, POLICY ANALYSIS AND IMPLICATIONS

Background. The South China Sea conflict is one of the complex and challenging geopolitical issues in the Southeast Asia region. This study aimed to analyze Indonesia's attitude in dealing with this conflict, with a focus on foreign policy and its implications for regional stability. Research Method. This research uses a type of legal research that is normative in nature (normative legal research) and through a foreign policy analysis approach. Findings. The factors are diplomacy and negotiation policy, Indonesia's role in ASEAN, efforts to strengthen maritime cooperation, external actor involvement, the need for a just and sustainable settlement, impact on regional stability, and protection of national maritime interests that influence Indonesia's attitudes and the strategies taken by the Indonesian government in managing this conflict. The impact of Indonesia's attitude towards political and security dynamics in the Southeast Asia region. Conclusion. Indonesia has an important strategic role to play in addressing the South China Sea conflict as the largest maritime nation in Southeast Asia. Indonesia's presence in regional diplomacy and efforts to mediate the conflict are key to achieving a sustainable solution.

Legal Issues in Land Acquisition for Agricultural Production in Nigeria

Land is the nations’ most valuable asset, as it provides sustenance. Legally speaking, land tenure in Nigeria is a complicated web of connections between many organizations that establishes land ownership patterns in connection to various land uses. This study examined the legal issues in land acquisition for agricultural production in Nigeria. Secondary data sourced from books, journals, and the internet were used. Normative legal research techniques were adopted to discuss legal issues in land acquisition, while qualitative content analysis was used to ascertain the level of agricultural production in Nigeria, as well as the relationship between land acquisition and agricultural production in Nigeria. The study’s findings showed that Nigeria's land tenure system supports land partitioning (land fragmentation), which leads to scattered small-scale farming. Tenure rules stipulated in the Nigerian Land Use Act of 1978 hinder agricultural productivity in Nigeria. Additional relevant factors and challenges influencing Nigeria's agricultural production include land tenure insecurity, and political and bureaucratic bottlenecks in the acquisition of land rights for agricultural uses. To ensure improved agricultural productivity, the government should initiate and implement a new land tenure reform that will address the inherent challenges in the current land tenure system.

Notary's Authority to Make Deeds of Name Loan Agreement (Nominee) Related to Sale And Purchase a Land Involving Foreigners

This research aims to analyze whether the authority to make deeds of a Notary applies to all forms of agreement and what is the Notary's responsibility for making Deeds of loan agreements (nominees) related to buying and selling land involving foreigners. This legal research method uses normative legal research. The approach used is a statutory approach and a conceptual approach. From this research the author found, firstly, that there is disharmony between article 15 paragraph (1) a of Law number 2 of 2014 concerning amendments to Law number 30 of 2004 concerning the Position of Notaries hereinafter abbreviated as UUJN and Law number 5 of 1960 concerning the Basic Regulations on Agrarian Principles, hereinafter abbreviated to UUPA. Where in article 15 paragraph (1) a UUJN which states that Notaries have the authority to make authentic deeds regarding all deeds, agreements and provisions required by statutory regulations and/or which are desired by interested parties to be stated in authentic deeds, this is often a loophole in a acts of legal smuggling carried out by foreigners and Indonesian citizens and often involving notaries in a loan agreement (nominee) related to the sale and purchase of land involving foreigners, which is contrary to UUPA article 21 which states that only Indonesian citizens can have property rights. Due to this conflict of norms, the authority to make deeds of a notary does not apply to all forms of agreements. Secondly, if the notary is proven to have committed an act of legal smuggling, the notary must be responsible for his actions both civilly, administratively and criminally.

Analysis of Child Labor Rights Fulfillment Based on Maqashid Syariah

Child Labor is a serious problem that has attracted national and international public attention. The purpose of writing this article is to analyze in depth the review of the fulfillment of child Labor rights based on maqashid sharia. This article's research method uses a type of normative legal research using secondary data obtained through literature study. The collected data was then analyzed descriptively qualitatively using a conceptual approach, namely the concept of maqashid sharia. The results and findings in this article are that Islam places the fulfillment of children's rights as an important thing to realize. The general aim of Allah SWT in sending down the Shari'a is to bring about benefits. The basic concept of benefit is realizing benefits and preventing harm. The practice of child Labor is prohibited, because it conflicts with the five main principles of maqashid sharia, namely the protection of religion, soul, mind, property and descendant, which are primary needs (dharuriyyah) that must be fulfilled in humans. The priority of a child's age is to fulfill the rights of religion, soul, reason and heredity rather than fulfilling the need for wealth.

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

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

Global Impact of Breach of Good Faith in Insurance Contracts

This study explores the principle of utmost good faith (itikad baik) in insurance contracts, which mandates full and honest disclosure by all parties to prevent agreement nullification. Despite its critical importance, the enforcement and consequences of breaches are poorly documented, particularly regarding legal outcomes and claims processes. Through normative legal research utilizing primary and secondary sources, this research examines the implications of such breaches and suggests regulatory enhancements. Key findings indicate breaches can lead to contract cancellation, claim denial, or legal actions. The study highlights the necessity of regulatory improvements and increased notarial involvement to ensure equitable and transparent insurance practices. Highlights: Critical Role of Disclosure: Utmost good faith requires complete honesty from all parties in insurance contracts. Consequences of Breach: Violations can lead to severe outcomes like contract termination and denied claims. Need for Regulation: Suggests stronger legal frameworks and notarial oversight to ensure fairness and transparency. Keywords: Utmost Good Faith, Insurance Contracts, Legal Implications, Regulatory Enhancements, Notarial Involvement

The Urgency of Artificial Intelligence Criminal Responsibility as Cybercriminals

The development of information technology at this time has created many changes in life in society, the presence of artificial intelligence (A.I) in the midst of human life activities has provided many benefits both in aspects, so that today's society is very dependent on A.I which is considered very helpful in its work. Of course it can be seen that A.I also does the same thing as humans and has a positive impact and a negative impact on human life, where every aspect has a great impact on human life. The formulation of the problem in this study is the regulation of the use of artificial intelligence in Indonesia at this time and the Urgency of Criminal Responsibility of Artificial Intelligence as Perpetrators of Cybercrime. This research belongs to the normative legal research type. and the nature of this research is descriptive analysis. The results of the discussion in this study found that the A.I Regulation at this time is not specifically regulated by the law on A.I, but is regulated in the ITE law, namely in article 1 number 8 concerning electronic agents, where electronic agents are interpreted as A.I by analogy with the meaning of the word "automatic", then the next discussion is about the criminal responsibility of artificial intelligence as cyber criminals is a very important study for The lack of discussion on the use of A.I in Indonesian state regulations raises concerns in the public about the increasing potential for violations of the law and crime by these entities

Legal Liability of Business Operators For Beauty Products Containing Hazardous Chemicals

This study aims to analyse the liability of business operators for beauty products containing hazardous chemicals. This normative legal research employs methods including a statutory approach to examine relevant laws and a case-based approach to analyse real life instances of non-compliance. Findings reveal that despite strict regulations, enforcement challenges persist, leading to potential health risks for consumers. The study emphasizes the legal responsibilities of business operators to compensate for damages caused by non-compliant products, as outlined in Law No. 8 of 1999 on Consumer Protection. The research concludes that the resolution of consumer dispute cases can be settled through the Consumer Dispute Settlement Agency (BPSK) in three stages: mediation, conciliation, and arbitration, where the decisions made are final and binding. Besides resolution through BPSK, consumer dispute cases can also be resolved through litigation, which typically incurs more costs and takes more time compared to resolution through BPSK. Alongside proactive consumer actions to report hazardous products to regulatory bodies. This comprehensive approach ensures consumer safety and upholds legal standards within the beauty industry.

Challenges, Regulations, and Strategies to Prevent Child Marriage in Indonesia: A Comparative Study with Malaysia

Child marriage is a global issue that has become a challenge in many countries, one of which is Indonesia. The purpose of this research is to explore the factors of child marriage, analyze the child marriage regulations applied by Indonesia and then compare them with Malaysia in order to find the best ideal formulation for Indonesia in terms of regulating child marriage, and map out what steps need to be taken to reduce the number of child marriages. Included in the type of normative legal research by collecting all relevant legal materials through library research techniques and then analyzed descriptively qualitative. The results show that there are nine factors for child marriage ranging from poverty to self-will. In addition, there are differences in child marriage regulations in Indonesia and Malaysia where the positive thing that Indonesia can adopt from Malaysia is the synchronization of the age of the child in the Marriage Law and the Child Protection Law to be in line with the Convention on the Rights of the Child. Efforts to reduce the number of child marriages must have a strong synergy between the government and the community.

Inheritance Law: Conceptions of Inheritance According to Minangkabau Customary Law

Minangkabau customary inheritance law has always been a matter of debate. This may be because Minangkabau traditional inheritance law is unique and distinctive compared to traditional inheritance law systems in other regions in Indonesia. As a result, inheritance law is also affected by Minangkabau dualization which originates from the partnership paradigm in Minangkabau marriages. This research uses normative legal research methods. In this research, it was found that according to Minang Kabau Customary Law, the process of inheritance and distribution of inheritance is often influenced by cultural values and norms that exist in Minangkabau society.

REVIEW OF REGIONAL TOURISM ARRANGEMENTS IN ORDER TO PRESERVE THE LOCAL WISDOM OF INDIGENOUS PEOPLES IN INDONESIA

Objective: This study aims to determine and analyze regional tourism arrangements in order to preserve the local wisdom of indigenous peoples in Indonesia.   Theoretical Framework: This study discusses regional tourism juxtaposed with the preservation of local wisdom by basing on several theoretical and conceptual frameworks such as regulatory review, regional tourism, local wisdom, and indigenous peoples. Some of these reviews are used to focus research to use the same concept so that there is no expansion of meaning.   Methodology: This study uses a type of normative legal research with a statutory approach method (statute approach). Data collection in this study was carried out by means of literature studies, and the data analysis techniques used were critical analysis techniques.   Findings: Regulations on tourism in several regions, such as in Bali, Bitung and Bunaken, Toba, Labuan Bajo, Raja Ampat, Tengger, and Baduy in their implementation still do not fully pay attention to and involve the values of local wisdom of local indigenous peoples.   Research, Practical & Social Implications: This study analyzes regulations on regional tourism which are then analyzed using the Regulatory Impact Analysis (RIA) method to identify and assess a regulation or legislation by taking into account the impact analysis (both positively and negatively) and benefits or costs.   Originality / value: The value of this research is very important to build national legal products and regional legal products for national tourism development that provide protection to the environment and preservation of national culture, especially cultural traditions and wisdom of customary law communities in tourism destination areas, in addition to encouraging economic growth in an equitable manner for local communities.

The Importance of Law Enforcement Based on Progressive Law in Realizing Community Welfare

Progressive Law emerged from Satjipto Rahardjo's idea of ​​seeing the worrying reality of law enforcement in Indonesia. The law tends to favor the strong and oppress the weak, sharp downwards but dull upwards. This article discusses the importance of having behavior based on Progressive Law in law enforcement. The method used in writing this article is a normative legal research method with a conceptual approach. The results of this research are that law enforcement that improves the welfare of the people in the style of Progressive Law will be formed if law enforcement officers have progressive law enforcement behavior. The meaning of progressive behavior is law enforcement that is sensitive to the realization of the values ​​of justice, and is not confined solely to the formulation of the text of the law. Such law enforcement will create justice, benefit and welfare for society.

The Urgency of Terminating Investigations in Handling Corruption Cases in the Jurisdiction of the High Prosecutor's Office South Sulawesi

Objective: This study aims to investigate the urgency of terminating investigations in handling corruption cases within the jurisdiction of the High Prosecutor's Office South Sulawesi. It seeks to identify the factors influencing the decision to terminate investigations, evaluate the effectiveness of such decisions, and propose recommendations for improvement.   Methodology: A mixed-methods approach is employed, combining quantitative analysis of case data with qualitative examination of legal documents and interviews with legal practitioners. Data is collected from corruption case files, legal statutes, and interviews with prosecutors and anti-corruption experts.   Theoretical Framework: Theoretical Framework adopts a normative case study approach as the main method to understand and analyse the urgency of stopping investigations in handling corruption cases in the jurisdiction of the South Sulawesi High Prosecutor's Office. In this context, the main focus of the research is on the concept of law as a norm or rule that applies in society, which guides the behaviour of each individual. Normative legal research, in essence, aims to identify, analyse and evaluate various legal aspects relevant to the termination of investigations in corruption cases. This includes an in-depth study of legal regulations, legal principles, and legal doctrines related to the investigation termination process.   Conclussion: The urgency of halting investigations into corruption cases lies in efforts to recover and restore state finances, as outlined in Article 109 paragraph (2) of the Criminal Procedure Code. Reasons for terminating investigations include insufficient evidence, absence of criminal offense, and adherence to legal principles. Investigators possess the authority to issue Investigator's Termination Orders, particularly in cases where no unlawful acts, strong evidence, or state losses are found. The application of Restorative Justice facilitates the return of state losses by corruption perpetrators while maintaining criminal sanctions against them.

The Effectiveness of the Government Regulation Concerning Franchises in Resolving Franchise Business Disputes in Indonesia

<p>Franchising is a business system that is growing with the current in Indonesia and the legal relationship between the franchiser and the franchisee is regulated in a contract that regulates the rights and obligations of the parties who have a relationship to comply with the contents of the agreement, which if violated can have consequences for the future law according to the agreement in the franchise agreement. Since the enactment of Government Regulation No. 42 of 2007, franchise business disputes still occur in Indonesia, such as abuse of franchisor authority, quality of technical and managerial support provided by franchisors to franchisees, and unfairness in profit sharing between franchisees and franchisees. This study aims to examine the effectiveness of Government Regulation No. 42 of 2007 as a legal basis for resolving franchise business dispute cases in Indonesia. The research method used is normative legal research with a literature study approach. The results showed that Government Regulation No. 42 of 2007 is a regulation that regulates the mechanism for resolving business disputes in Indonesia, including in the case of franchise business disputes. This research also identifies several challenges that may be faced in the application of Government Regulation No. 42 of 2007 in resolving franchise business dispute cases, such as the complexity of the dispute resolution process, limited access to dispute resolution institutions, and low awareness and understanding of business people regarding the dispute resolution mechanism regulated in the regulation. Steps are needed such as counseling and persuasive approaches to franchise business actors regarding the importance of resolving business disputes through the mechanisms regulated in the regulation, monitoring, and evaluation of the dispute resolution process carried out by the appointed institution.</p>

THE PROHIBITION OF ABSENTEE OWNERSHIP OF AGRICULTURAL LAND AND THE LEGAL LIABILITY OF THE NATIONAL LAND AGENCY

Absentee ownership of agricultural land is a situation where agricultural landowners are not directly involved in the agricultural activities carried out on their land. This often occurs when the landowner lives outside the farming area. The provision of absentee ownership of agricultural land can affect farmland management, and agricultural productivity. This abstract aims to evaluate the legal aspects of absentee ownership of agricultural land by considering several factors. First, we analyze the application of Government Regulation Number 41 of 1964 in Plaosan Village regarding absentee land. Several studies have shown that the absence of a landowner can hinder growth and innovation in the agricultural sector. However, the factor depends on the skill level of the farmer. Furthermore, we analyze the legal liability of the National Land Agency (BPN) in resolving absentee land ownership issues. The existence of landowners who are not involved in agricultural activities can lead to legal uncertainty, low agricultural productivity, and difficulties for interested parties in obtaining benefits from the land. In this context, the role of the National Land Agency (BPN) as a government agency responsible for land management and registration becomes very important. This research uses a normative legal research method by conducting a literature study of laws and regulations related to absentee ownership of agricultural land. The results of this research are expected to provide a basis for better policies in managing agricultural land ownership involving absentee owners, so as to increase productivity, efficiency, and welfare for all parties involved in the agricultural sector.

RENEWAL OF ATTORNEY GENERAL REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTION BASED ON RESTORATIVE JUSTICE IN CORRUPTION CASES THAT PRIORITIZE SAVING STATE LOSSES

The current handling of corruption cases emphasizes punishing the perpetrators and recovering state financial losses caused by corruption. Since 2010, the Attorney General's Office has issued internal regulations for resolving corruption cases through a restorative justice approach. These internal regulations allow for the resolution of corruption cases in a non-punitive manner that prioritizes the saving of state losses. The problems were addressed: (1) what is the possibility of resolving corruption cases prioritizing saving state losses through the renewal of Attorney General Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice? (2) What is the influence and obstacle if Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is applied to Corruption Cases? The type of research used in this thesis was normative legal research. The research results show that: (1) Theoretically and juridically, the concept of restorative justice in corruption cases could be implemented to realize one of the objectives of punishment, which provided a deterrent effect and maximized the return/safety of state losses oriented toward the national economy and were in line with the ultimum remidium principle which could streamline the implementation of the principles of simple, fast and low-cost justice. (2) The factor that influenced and obstructed when Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice was applied to Corruption Cases was that the process of termination of prosecution based on restorative justice in Attorney General Regulation No. 15 of 2020 did not specifically explain the termination of prosecution in corruption cases. Keywords: Law Reform, Corruption, Restorative Justice, State Losses