Secondary Sources Of Law Research Articles

The Potential of Spatial Planning as a Tool for Cities' Pursuit of Sustainable Development Goal 11 in Zimbabwe

This article analyses the extent to which the applicable legal and policy frameworks in Zimbabwe enable cities to use spatial planning to pursue the vision encapsulated in SDG 11. This article argues that although the existing legal framework makes adequate provision for features that can hypothetically guide cities to use spatial planning to pursue the vision envisaged in SDG 11, their potential is constrained by diverse factors such as lack of effective public participation in local governance, the inability of local authorities to generate sufficient revenue, systemic corruption in spatial planning processes, and under-utilisation of a flexible and accommodating legal framework. The research is based on an integrated analysis of primary and secondary sources of law.

DECISION OF MA 3180/K / PDT/2019 (LEGAL ANALYSIS OF THE SALE AND PURCHASE OF JOINT PROPERTY PRE-DIVISION BY THE TEMPORARY LAND DEED OFFICER)

As stated in Article 36 of Law No. 1 of 1974 respecting joint marriage, any spouse may operate on joint property with a permission. Investigating Supreme Court decision number 3180 K/PDT/2019—which deals with the sale and purchase of undivided joint property in the presence of the temporary land deed officer (PPAT)—and its legal implications is the goal of this research. This study uses conceptual, case, and legislative methods, and it is normative in character. Primary and secondary sources of law are consulted. Legal material analysis is an approach that uses a procedure that is prescriptive. In accordance with the results of the investigation, it is illegal for the PPAT to have issued a deed of sale and purchase and for M.Uzer and Deslina to have sold shares without Herlina's knowledge or approval. Given that the property being sold is still jointly owned, the sale and purchase are declared unlawful according to MA RI No. 701K/PDT/1997. As a consequence, the deed of sale and purchase is legally flawed, and the Certificate of Property Rights in Deslina's name is no longer enforceable.

Judicial Interpretations, Findings and Pronouncements of the Nigerian Apex Court: A Review of Mohammed Vs Frn

Purpose: The objective of this review was to challenge the apex court's decision, encompassing its findings, judicial interpretations, and pronouncements (DFIP). A notable issue arises from the discovery that the National Assembly (NA) mistakenly granted 'exclusive' criminal jurisdiction to the Federal High Court (FHC) regarding Indian hemp offenses. Consequently, this study critically examined the DFIP in depth.
 Methodology: This work adopts the doctrinal method of research, which involves the use of primary and secondary sources of law. This study relied on key primary sources, including the constitution of the Federal Republic of Nigeria, Acts of the National Assembly, case laws, and Decrees. Supplementary information was derived from secondary sources such as books and articles. This review extensively employed primary and secondary legal sources, focusing on statutory interpretation rules, the hierarchy of norms, particularly in relation to the principle of inconsistency, and the unalterable nature of jurisdiction prescribed by the Constitution of the Federal Republic of Nigeria (CFRN). These criteria were systematically applied to evaluate the Decision, Findings, Interpretations, and Pronouncements (DFIP) of the apex court.
 Findings: The apex court's determination that Section 8 of the Indian Hemp Act (IHA) was implicitly repealed by Section 26 of the National Drug Law Enforcement Agency (NDLEA) Act is inaccurate. Similarly, the assertion that the National Assembly (NA) granted 'exclusive' criminal jurisdiction to the Federal High Court (FHC) is flawed, as Section 251(3) of the Constitution of the Federal Republic of Nigeria (CFRN) actually confers concurrent criminal jurisdiction on the FHC. 
 The finding of the apex court that Magistrate Courts (MC), being a creation of state legislation, cannot try Indian hemp offences is erroneous. The apex court's assertion that Indian hemp is both a 'drug' and a 'narcotic drug' is refuted as erroneous in the course of this review.
 Recommendations: Statutory intervention in the manner of amendment of Sections 251(1)(s) and 251(3) is required if the decision of the apex court is to represent the position of the law in Nigeria.

Powers, Duties And Limitations Of Election Petition Tribunals In Nigeria: A Socio-Legal Analysis

The exercise of the duties and powers of the Election Petition Tribunals (EPTs) in the democratisation process in Nigeria is imperative to producing legitimate leaders. However, there appear certain limitations to the discharge of this core constitutional duty such as corruption of Tribunal Judges and other challenges militating against the EPT. The objectives of this study were to examine the powers and duties of the EPT and the limitations. The study employed the use of mixed research methods consisting of doctrinal legal research and empirical methods. The doctrinal method consisted of primary sources of law including legislation and decided cases and the secondary sources of law used journals, texts and official reports. The empirical methodology adopted structured questionnaire administered to specific groups within the six geo-political zones of the Federation. Data obtained were analysed using multinomial logistic regression and estimated on two scenarios where the Respondents were pooled together and in each category. The results of the study from Judges and Magistrates, Legislators and Law Teachers (without categorisation) showed that the explanatory variables explain about 84%, 76% and 60% respectively of the challenges faced by the EPT and the functional statistics showed that the results were all significant. The qualitative analysis used personal interviews with selected persons in the legal profession. The findings of the study were that variables that correlate with the study positively or inversely are finance, appointment, political influence, and bribery which constitute challenges to the adjudication of election petitions in Nigeria. The study concluded that adjudicatory powers and duties by the EPT and Courts are continually challenged by several factors that hinder the democratization process.

Analisis Putusan Hakim No. 180/Pid.Sus/2020/PN Sda terhadap Korban Tindak Pidana Kekerasan dalam Rumah Tangga

Victims of domestic violence are mostly experienced by women and must get protection from society and the state in order to avoid and be free from violence and torture that has degraded the degree and dignity of human beings. Domestic violence, especially the atrocities committed by partners against their partners, leads not only to real torture but also to mental misery. Therefore, victims of domestic violence must receive maximum protection. The purpose of this study is to find out the analysis of the judge's decision No.180/Pid.Sus/2020/PN Sda. This type of research is a normative juridical research using a case approach problem approach. Sources of legal materials obtained in this study are primary and secondary sources of law. While the analysis of legal materials used in this study is deductive analysis because deductive analysis is a technique of analyzing legal materials by collecting facts that are packaged into theories. The results of the analysis of the judge's decision No.180/Pid.Sus/2020 PN. SDA against victims of criminal acts of domestic violence shows that the judge in imposing criminal sanctions on the defendant has been in accordance with the applicable law, namely Article 44 paragraph 1 of the Law on the Elimination of Domestic Violence. However, there was injustice. The judge tried the decision no. 180/Pid.Sus/2020 PN. Sda because what was handed down to the defendant was 3 years in prison. In the judge's decision there is injustice because in Article 44 paragraph (1) of the Law. RI. Number 23 of 2004 concerning the Elimination of Domestic Violence has regulated that criminal acts of domestic violence must be sentenced to a maximum of 5 (five) years in prison and a fine of Rp. 15,000,000.

Pemenuhan Hak-Hak Khusus Pekerja Perempuan Di Kabupaten Karanganyar Berdasarkan UU No 13 Tahun 2003 Tentang Ketenagakerjaan

This research describes and examines the problems regarding the fulfillment of the special rights of women workers in 2 companies, namely PT Argantha Jaya Globalindo and PT Menara Kartika Buana. The first problem is how to fulfill the special rights of women workers and the obstacles to fulfilling the special rights of women workers. This research is an empirical normative legal research that is prescriptive and applied. The sources of law used are primary and secondary sources of law. Data collection techniques, namely literature study and interviews, interviews were conducted with female workers at PT Argantha Jaya Globalindo and PT Menara Kartika Buana as well as from the Surakarta animal workers' labor inspector. The analysis technique used is the syllogistic method which uses a deductive mindset. The results of the discussion explained that, first, the fulfillment of the special rights of women workers at PT Argantha and PT Manara had not been properly fulfilled, there were still violations, especially in fulfilling salaries when taking leave. Second, there are obstacles in fulfilling the rights of women workers from animal workers, companies and women workers.

Securities regulation and capital market development in Nigeria: recurring challenges and prospect for solution

PurposeThe purpose of this paper, therefore, is to amplify the imperativeness for a re-oriented regulatory approach that prioritizes constructive engagement with the regulated communities, harnessing the existing pool of savings and retention of market participation.Design/methodology/approachThe paper adopts a doctrinal legal research design with data drawn from primary and secondary sources of law. The primary sources include case laws and statutes, and the secondary sources include book chapters, journal articles and other internet-sourced materials.FindingsThe paper finds that the status quo in Nigeria if left to continue would spell severe economic disaster for Nigeria’s securities administration, but a well-structured realignment of the regulations would boost the country’s securities market effectiveness.Research limitations/implicationsThe research’s conclusions and suggestions might only be applicable to Nigeria’s particular situation with regard to capital market development and securities regulation. Other nations or locations with distinct regulatory systems, market structures and economic situations may not be able to immediately adapt it. When extending the research results outside of the Nigerian environment, caution should be exercised. For regulatory agencies and policymakers, the research offers insightful suggestions. The analysis may pinpoint certain areas where policy changes are required to address reoccurring problems and improve the chances for a healthy capital market.Practical implicationsFor Nigeria’s regulatory frameworks controlling securities to be strengthened, this paper would be crucial. To make sure they are in line with global best practices, this entails examining and revising current laws, rules and standards. A stronger regulatory environment may also result from the implementation of harsher enforcement procedures and consequences for noncompliance. It is also required for creating market infrastructure, fostering market integration and cooperation, facilitating access to capital, monitoring and evaluation. It would also benefit investor education and protection.Social implicationsAddressing these persistent issues and potential remedies in Nigeria’s capital market development and securities regulation would have various advantageous social effects. These include improved market infrastructure, more financial inclusion, improved investment protection for investors and improved market openness and integrity. Such results will help Nigerian society as a whole by fostering economic expansion, job creation, wealth distribution and general social progress.Originality/valueThis paper is the original work of the authors and has not been published anywhere nor submitted to another journal for publication.

A Comparative Legal Analysis of Local Government Autonomy in South Africa and Tanzania

Over the past thirty years, there has been an increased drive towards decentralisation in Africa with the adoption of national constitutions that guarantee varying degrees of protection to local governments. In 2014, the African Union (AU) adopted the African Charter on Values and Principles of Decentralisation, Local Governance and Local Development (2014) to guide the decentralisation project for member states. The Charter acknowledges that the protection of local autonomy in decentralised legal frameworks is necessary for local governments to deliver on their developmental mandates. In this article, we explore from a comparative law perspective, how local autonomy is protected in the constitutions of South Africa and Tanzania. We also consider legislation regulating decentralisation in South Africa and Tanzania, comparing the similarities, differences, and challenges to local autonomy in these two countries in view of their different national legal frameworks. The comparative legal analysis helps to show the unique nature of the systems of decentralisation in both countries and lessons that can inform law reform. Although there are comparative studies on subnational autonomy in Africa, none has specifically compared local government autonomy in South Africa and Tanzania. The research is based on a critical and integrated analysis of primary and secondary sources of law.

Through Laws and Arguments that Prejudice Children’s Economic Ingenuity in Africa

Recent verses of the Sustainable Development Goals 2030 and that of the African Union Agenda 2063 emphasize the wellbeing of persons who are usually excluded from participating in development. These vulnerable persons include children. On the point of marginalization, this study considers children’s freedom of economic ingenuity and the arrays of caretaker activities that prohibit or postpone this liberty. This research is done through a qualitative analysis of primary and secondary sources of law, including cultures. Contrary to common arguments against child employment, this paper posits that “work” is a germane process for human development. Invariably, postponement of economic ingenuity in young persons in favour of formal education may justify dimensions, where unavailability or inadequacy of white collar jobs” disable millions of persons who have spent their childhood, (not less than 18 years) participating in full time schooling. This study argues that anti labour legislations should contain less restrictions on children’s economic freedom. Efforts should rather focus on creating safe work environment and fair wages for children, in manners that do not affect their other developmental rights negatively. Laws should also focus more on eliminating exploitative mentalities, policies and cultures from adults.

EMPHASISING THE ROLE OF ENVIRONMENTAL LAW IN POLLUTION CONTROL TOWARD PUBLIC HEALTH PROTECTIONS

The Coronavirus pandemic (COVID-19) which has globally impacted the social ecosystem is a combination of public health and environmental crises. Amidst the challenges faced in dealing with the consequences of the crises, the pandemic has unintendedly revealed the significance of the current environmental law system to protect human health from pollution. The pandemic has also heightened the realisation that environmental threats are driven by human activities. Consequently, COVID-19 has underscored the need of securing safe and clean surroundings and has emphasised the importance of having measures to protect human health. For Malaysia, strategies aiming at environmental protection could be found within the provisions of the Environmental Quality Act 1974 (EQA). Using the library-based research methodology on primary and secondary sources of law, this paper seeks to examine the scope of the EQA on public health protection and pollution control. Against the backdrop of sustainability, the research concludes that the interlinkages of environmental conservation and public health protection mean that the EQA is the most relevant law to attain these two interrelated objectives. It is submitted that COVID-19 has re-emphasised the importance of environmental law within the realm of health protection, which is in turn essential for the sustainable development agenda.

ISLAMIC BANKING DISPUTE RESOLUTION: THE EXPERIENCE OF MALAYSIA AND INDONESIA

The dispute resolution mechanism in a country involving Islamic banking depends on its applicable law. A workable mechanism guarantees a harmonious settlement and ensures justice is upheld in conjunction with the spirit of Islamic law. This study aims to analyse various mechanisms to resolve Islamic banking disputes in Malaysia and Indonesia by referring to the latest legal and judicial developments in both jurisdictions. It adopts doctrinal and comparative legal research methodology whereby the relevant primary and secondary sources of law were meticulously appraised. Findings of this study reveal that both countries have their own unique way of dealing with Islamic banking and finance cases. In Malaysia, the jurisdiction is vested in civil courts with mandatory reference to the SAC in deciding Shari’ah issues. Regarding Indonesia, Article 55 (1) of Law No. 21 (2008) provides that a Religious Court shall have jurisdiction to hear matters involving Islamic banking disputes, unless there is an agreement stating that the dispute resolution should be done in another manner, provided the chosen manner does not contradict with Shari’ah principles. There is also an option to refer to the Dewan Shari’ah Nasional Majlis Ulama Indonesia for expert opinions. Both jurisdictions also acknowledge alternative dispute resolution as a mechanism for dispute settlement. This study emphasises the need to enhance the knowledge and in-depth understanding of judges in the relevant field of law; Shari’ah law for civil court judges and civil law for religious court judges, to facilitate the dispute resolution process.

COVID-19 Pandemic: The Impacts of Crude Oil Price Shock on Nigeria’s Economy, Legal and Policy Options

The outbreak of the COVID-19 disease has gravely shaken the world economy. The economies of many countries have come under severe strain; Nigeria’s petroleum industry has been particularly affected. This has threatened the countries’ budgets and other essential needs involved in citizens’ welfare. The government is taking drastic measures to combat this scourge, with few results. This study adopts a doctrinal legal research approach and considers both the primary and secondary sources of law, such as judicial precedents, international conventions, and peer-reviewed journals. Legal theories were also applied as an academic lens for modelling the research. The justification for using the method was to establish the trustworthiness of the findings on the impacts of crude oil price shock on Nigeria’s economy, its legal and policy options. This study investigates the influences of oil price shock on the country’s economy and the legal remedies required to build economic resilience to mitigate future contingencies. The study argues that the provisions of the extant laws can be utilised as a preventive mechanism for tackling the impacts of oil price shock on Nigeria’s economy. The study recommends other remedial measures, such as diversification from oil and gas to non-oil sectors. The study designed a hybrid model for mitigating the influences of crude oil prices on the country’s extractive wealth. The study advocates for the need for an effective legal regime to shield the domestic economy from international oil price instability. The implications of the main results are that crude oil production and prices play a significant role in real growth enhancement. However, they exert a negative but unsustainable standard innovation on growth, which could be mitigated through appropriate legal and policy options. Nigeria needs stringent, transparent, and the best petroleum management practice laws to manage its petroleum sector’s revenues for sustainability.

The Conundrums of Illicit Crude Oil Refineries in Nigeria and Its Debilitating Effects on Nigeria’s Economy: A Legal Approach

Nigeria’s oil industry encounters crude oil theft in commercial quantities, which is often exported to neighbouring countries. This has occasioned a loss of revenue and has caused environmental pollution due to oil spillages. There is a need for a stringent legal framework to combat the menace caused by incessant crude oil thefts, pipeline vandalisation by militants, and inadequate maintenance of existing crude oil refineries. The study adopts doctrinal legal research methods and a conceptual approach with the consideration of primary and secondary sources of law, for instance, the Petroleum Industry Act 2021, the Nigeria Extractive Industry Transparency Initiative (NEITI Act 2007, International Conventions, law textbooks and peer-reviewed journals. The justification for using the method was to establish the trustworthiness of the findings on illicit crude oil refineries. The findings reveal that the Nigerian government has lost more than 150,000 barrels of crude oil daily valued at USD six billion as a result of crude oil theft. This has reduced oil revenues, which ought to have added to the national treasury. The Petroleum Production and Distribution (Anti-Sabotage Act) 2007, which proscribes disruption of petroleum products in Nigeria, has not been diligently enforced. There is also an absence of a specific oil and gas legal framework criminalising crude oil theft. Section 3(e)(f)(iv) of the Nigeria Security and Civil Defence Corps Act only offers pipeline security as one of the functions of the corps, without distinctly stating the penalties to be imposed on those damaging crude oil pipelines. The study designs a hybrid model for the renovation of the country’s crude oil refineries. It also advocates the need to redefine legal regimes on illegal oil refineries by amending the Petroleum Industry Act to include specifically illegal oil refineries provision and to effectively criminalise crude oil theft. The implications of the main results are as follows: criminalising crude oil theft and pipeline vandalisation with vigorous punishments will serve as deterrence to others in the sector, increase revenues for the government and reduce environmental pollution.

Analysis and Identification of Suspected Substance in the Trial of Drug Offences in Nigeria: A Review of Oyem v FRN

Purpose: The purpose of the review was to show that the affirmation of the appellant’s conviction in the case of Oyem v FRN by the Nigerian apex court was erroneous. To achieve the purpose, it is expedient to unravel the various errors committed by the apex court as a result of its failure to adhere to the law and to observe the peculiarities in the procedure for the trial of drug offences.
 Methodology: This work adopts the doctrinal method of research which involves the use of primary and secondary sources of law. The primary sources used in this work were legislation (Acts of the National Assembly), Case laws and Decrees while the secondary sources were books and article. The review of Oyem’s case in substance reveals that the apex court affirmed the conviction of the appellant on the assumption that, (1) the result of the preliminary (color) test conducted by the exhibit keeper at the NDLEA Command, using UN Narcotic Identification Testing Kit was the legal proof of the suspected substance as Indian hemp, instead of a chemist’s report on the mandatory confirmatory laboratory test by an analyst and, (2) the appellant’s confessional statement and guilty plea served as alternative proof that the suspected substance was Indian hemp even when the trial court did not carry out the test of veracity on the confessional statement.
 Findings: The two (2) assumptions by the apex court are the main findings in this work. Furthermore, even when the appellant was charged, tried and convicted for an offence constituted by expert evidence, no expert gave evidence at the trial, at least not on record. This work is of the view that extra-judicial confession made prior to analysis of a suspected substance cannot serve as proof of the nature of the substance, that is, Indian hemp. Moreover, the Nigerian Evidence Law having provided for the method for the analysis and identification of suspected substance in the trial of drug offences no other method can be used under the law.

Penerapan Dwangsom pada Putusan Hak Asuh Anak Perspektif Teori Keadilan Aristoteles

As a result of not implementing the voluntary child custody decision, the next legal remedy is the execution of child custody which can have a negative impact on the child's psyche. As a solution to this problem, the judge can decide on the dwangsom in the child custody decision. However, dwangsom becomes a legal problem when it is not contained in the petitum but appears in the ruling as stated in the decision Number 8/Pdt.G/2020/MS-BNa. The focus of this research is a juridical review and analysis of Aristotle's theory of justice on the application of dwangsom to the decision. This research is a normative juridical research using a law approach and a case approach. The primary legal source is decision Number 8/Pdt.G/2020/MS-BNa. and secondary sources of law, namely laws relating to the procedural law of the Religious Courts, books and journals related to Aristotelian justice, child custody, ultra petita and dwangsom principles. The data of this study were obtained through documentation and analyzed by Aristotle's theory of justice. The results of the juridical review on the decision contradict Article 178 paragraph (3) HIR / Article 189 paragraph (3) RBg, Article 50 Rv, SEMA Decision Number 3 of 2018, and Jurisprudence number 1001 K/Sip/1972. The judge's considerations in deciding the case Number 8/Pdt.G/2020/MS-BNa have met the criteria of Aristotle's corrective justice, namely there is a violation of rights that should be obtained, there are efforts to correct (return) rights, losses can be measured, corrections can be measured, and on a proportional basis.

Appraisal of the Concept of Matrimonial Property under Nigerian Law

Family and matrimonial contracts are often oral, unwritten and made without fear of breach. Consequently, spouses contribute both financially and non-financial towards the success of the marriage and acquisition of their matrimonial home. Often, the shared intentions of the spouses is usually to create a comfortable home for the family and each make indirect, invisible and unquantifiable sacrifices towards the success of the marriage. The State High Court is conferred with unlimited discretion in respect of matrimonial property and in exercising this discretion it often insists that a party must show evidence of substantial and direct financial contributions to the acquisition of matrimonial property before joint ownership of matrimonial property is inferred. Basically the library based research, is adopted in this article both the primary and secondary sources of law are cited. The findings of this article are: (1) Where there is a document of title in favour of one party to the marriage, that property is lost as a matrimonial property.(2) Where a party is insisting that the property in issue is jointly owned, that party is responsible for producing evidence to the effect that both parties contributed adequately to the acquisition of the said property, whether financially or otherwise.(3) Oral evidence, even, about the parties’ private arrangements cannot be allowed to contradict the content of document of title. This article recommends for a statutory definition of matrimonial property that will ingrain the socio-cultural norms and values regarding marital relations as a communal and partnership arrangement.

Evaluating Responsible Lending Framework Through Suitability and Affordability Assessment in Malaysia

The purpose of this study is to assess the Malaysian consumer credit industry's current responsible lending policy which includes banking, pawnbroking, hire-purchase, moneylending, credit sale, and cooperatives, as industries are regulated separately. This study employs a doctrinal legal research methodology and content analysis of primary and secondary sources of law, including the Financial Services Act 2013, the Moneylenders Act 1951, the Pawnbrokers Act 1972, the Hire Purchase Act 1967, the Consumer Protection (Credit Sale) Regulations Act 2017, the Cooperative Society Commission Act 1993, the Guideline on Responsible Financing and the Guideline on Credit Facility for Cooperatives. This study identifies an inconsistency in the Malaysian consumer credit industry's approach to responsible lending, as banking institutions supervised by the Central Bank of Malaysia are required to adhere to the GRF, while others are not legally required to conduct mandatory suitability and affordability assessments. To avoid the issue of inconsistency, this study proposes some recommendations which will assist policymakers in deliberating the most effective way to impose a duty and obligation on all credit providers to engage in responsible lending practices.

Perlindungan Hukum terhadap Konsumen Akibat Cacat Produk pada Saat Produksi Ditinjau dari Undang – Undang No. 8 Tahun 1999

Lack of supervision and accuracy from the authorized body causes the circulation of defective products to the market. Defective products are products that are not fit for consumption and do not provide safety requirements for consumers. To meet market demand for high-quality products, products are often not looked after properly, as a result, defective products are often encountered. Consumers often do not get full responsibility from businesses regarding traded defective products. Thus, this study aims to discuss legal remedies that can be taken by consumers against defective products and analyze the responsibility of producers as business actors against defective products that harm consumers. Using a normative legal research method with a law approach. Primary and secondary sources of law. Legal materials are collected using an inventory technique with the relevant search and then classified, recorded, cited and summarized. The results of the study indicate that the losses suffered by consumers require consumers to take legal action to guarantee their rights. Legal efforts can be taken through consumer dispute resolution efforts in litigation and non-litigation. Business actors who produce/trade defective products may be subject to UUPK sanctions in the form of civil, criminal and administrative sanctions

Implementasi Perizinan Usaha Simpan Pinjam Koperasi Pasca Peraturan Menteri Koperasi dan Usaha Kecil Menengah Nomor 11 Tahun 2018 (Studi kasus di Kecamatan Blahbatuh Kabupaten Gianyar)

Cooperatives are legal entities that run businesses based on the principle of kinship. In running a cooperative business, it must have a business license that functions as business legality and as a legal base in implementing it. The purposes of this study are to analyze the completeness of the requirements for a savings and loan business license for cooperatives in Blahbatuh sub-district, Gianyar Regency and the effectiveness of implementing savings and loan business permits for cooperatives in Blahbatuh sub-district, Gianyar Regency. This research method is an empirical legal research method with a sociological approach. Data collection techniques were carried out by interviewing respondents in the field. The sources of law used are primary and secondary sources of law. After the data was collected, it was then analyzed using descriptive data analysis techniques. The findings reveal that the Regulation of the Minister of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia Number 11 of 2018 concerning Cooperative Savings and Loans Business Licensing. Based on the requirements for the completeness of a business license in carrying out a savings and loan activity in Blahbatuh District, Gianyar Regency, there are 44 cooperatives that already have a savings and loan business license and 79 cooperatives that do not have a savings and loan business license, there are factors that influence cooperatives in having a savings and loan business license, namely internal factors and external factors.

Kajian Yuridis Tindak Pidana Pemalsuan Surat Secara Bersama-Sama (Studi Kasus Putusan Pengadilan Negeri Jakarta Timur Nomor 305/Pid.B/2021/PN Jkt.Timur )

Indonesia is a legal state in which all aspects are regulated by applicable law to determine the obligations, rights and obligations in monitoring one's own and social desires. One of the problems in the application of the law that often occurs in events in the community environment is the crime of criminal cases, namely forgery of letters so that there is a criminal act of counterfeiting letters which is formed to provide legal protection. together or participation. The purposes of this study are to analyze the form of criminal sanctions jointly in committing the crime of forgery of letters and the legal considerations given by the panel of judges in imposing punishment on the perpetrators of the crime of forging letters which are carried out together. This research method uses a normative legal method with a statutory approach and a conceptual approach. The data collection technique was carried out using library techniques. The sources of law used are primary and secondary sources of law. The data analysis technique was carried out qualitatively. The findings show that the joint form of criminal sanctions in carrying out the criminal act of forging letters together can be imposed as described in Article 263 paragraph (1) of the Criminal Code regarding the crime of forging letters, threatened with imprisonment for a maximum of six years. Then in Article 55 paragraph (1) 1 of the Criminal Code regarding participation.