Statute Approach Research Articles

Restorative Justice di Tingkat Kepolisian atas Tindak Pidana Balapan Liar yang dilakukan oleh Anak: Studi di Wilayah Kepolisian Resor Kota Sampang

This study is designed to understand how the application and implementation of restorative justice serve as a last resort principle for handling cases of illegal street racing committed by minors in the Sampang City Police jurisdiction. The approach used in this study is the empirical juridical method, involving the Conceptual Approach and the Statute Approach. The research questions addressed in this study are: (1) How is restorative justice implemented at the police level for handling cases of illegal street racing committed by minors (a study in the Sampang City Police area)? (2) What are the challenges and efforts in implementing restorative justice at the police level for cases of illegal street racing committed by minors (a study in the Sampang City Police area)? According to the study’s findings, the conclusions are as follows: The first research question explores the implementation and process of restorative justice carried out by the Sampang City Police for cases of illegal street racing by minors. The second research question reveals various obstacles in the implementation of restorative justice at the police level concerning cases of illegal street racing involving minors. Additionally, efforts are being made by the police to prevent illegal street racing committed by minors.

Violations Committed by Israel in Armed Conflicts Under International Humanitarian Law

Introductioan: War has various aims and objectives, including under the pretext of self-defense to defend life, family, honor or to defend one's nation, to ideological issues. The wars that occur also often violate international humanitarian law. One of them is between Israel and Hamas.Purposes of the Research: To find out violations of international humanitarian law committed by IsraelMethods of the Research: This research uses an normative juridical research method. Normative Juridical Research is research on Norms, Principles, Rules and Principles based on statutory regulations related to the problem being studied. The approaches used are the statutory approach, the conceptual approach, and case aprroach.Results of the Research: The results of the research show that according to international humanitarian law, violations committed by Israel in armed conflict involve actions that violate the principles of protection of civilians and civilian infrastructure. Humanitarian law, as set out in the Geneva Conventions, prohibits attacks on non-combatants and requires protection of vital facilities such as hospitals and schools, as well as access to humanitarian aid.

Legal Analysis of the Legal Consequences of a Deed of Sale and Purchase Agreement (PPJB) for Land Ownership Rights That is Unilaterally Cancelled

It is undeniable that problems still often occur in society regarding PPJB deeds, one of which is the unilateral cancellation of PPJB deeds which can have legal consequences for the parties. This study aims to examine the legal regulations regarding the cancellation of PPJB deeds of land ownership rights, as well as the legal consequences of PPJB deeds that are unilaterally canceled. The legal research method uses a normative juridical research method with laws and regulations and legal writings as legal materials. The research approach used in this study is the statutory approach and the conceptual approach. Data analysis uses qualitative data analysis. The results of this study are: first, the legal regulations regarding the cancellation of PPJB deeds are regulated in the Civil Code, namely that unilateral cancellation is justified by law if the parties to an agreement expressly agree to set aside the provisions of Article 1266 of the Civil Code under any conditions, on condition that it must be based on a judge's decision. Unilateral cancellation of an agreement due to default without a Judge's decision is not a problem as long as the other party also accepts the decision, but if one party refuses to be accused of default, then the parties submit to the Judge to assess whether or not there is a default. Second, the consequences of the cancellation of the agreement are regulated in Articles 1451 and 1452 of the Civil Code, where the legal consequences are to return the situation to its original position as it was before the agreement was made. In the cancellation of the PPJB deed, the seller has an obligation to return the amount of money that has been paid by the buyer minus the costs that have been incurred by the seller, while the buyer must pay a fine to the seller due to the default that was made.

LEGAL CERTAINTY OF NOTARY AUTHORITY IN ISSUING A CERTIFICATE OF INHERITANCE RIGHTS BASED ON INDONESIAN POSITIVE LAW

The issuance of Article 111 of the ATR Regulation No. 16 of 2021 regarding the authority of a notary in issuing a Certificate of Inheritance has caused a polemic because it is considered contrary to the provisions of Law No. 2 of 2014 that raises questions regarding legal certainty in it because legal certainty in a land registration system is an absolute thing. The purpose of this study is to examine the vertical consistency regarding the intended rules. This research uses a conceptual approach and statutory approach. The type of data in this study is secondary data. This research proves that Article 111 Paragraph (1) letter c. number 5 ATR Regulation No. 16 of 2021 remains vertically consistent with Article 15 UUJN No. 2 of 2014 jo. with Article 18 of Law No. 30 of 2004. It also provides legal certainty for notaries, land offices, and all heirs.

The Urgency of Green Banking Regulations in Indonesia in the Implementation of Sustainable Development

This research highlights significant gaps in Indonesia's green banking regulations, particularly the lack of stringent sanctions and clear enforcement frameworks for sustainable finance principles. While the Financial Services Authority Regulation No. 51/POJK.03/2017 addresses environmental sustainability, it fails to impose effective penalties on banks that contribute to environmental degradation. As a result, green banking in Indonesia remains largely a voluntary initiative due to insufficient regulatory measures. This research employs a normative legal research design, utilizing both conceptual and statutory approaches. It advocates for the implementation of stricter penalties and enhanced oversight to ensure compliance with sustainability standards among financial institutions, thereby facilitating the transition to a green economy. Furthermore, the Sustainable Development Goals (SDGs) underscore the importance of indicators related to economic, social, and environmental sustainability, which green banking can help achieve. The proposed revised regulatory framework should include stringent sanctions for violations by both banks and customers, ensuring that financial institutions actively contribute to environmental protection.

Optimization of Legal Protection for the Leato Wreck Site: Discourse on Cultural Heritage Law and Maritime Conservation Law

Cultural heritage regulations and maritime conservation area regulations intersect and overlap in terms of legal protection, and nowhere is this more obvious than at the Leato underwater site/Japanese cargo ship wreck, referred to as the Leato wreck site in this paper. This legal issue later became a stumbling block in optimizing the legal protection of the Leato/Japanese cargo wreck underwater site. The study used two approaches: the statute approach and the conceptual approach. Analysis: a shipwreck can be defined as a catastrophic event that occurred in the past, with potential socio-economic benefits in the future, contingent upon optimal efforts to conserve history and culture, with great socio-economic potential if its exploitation is successfully optimized, with an eye to conservation efforts. The combination of these legally binding regulations is the key to optimizing the legal protection of the Leato underwater site. The maritime conservation area regulations safeguard the shipwreck's location as an integrated and interconnected ecosystem. By contrast, cultural heritage regulations protect the core zone of the Leato underwater site as a maritime cultural heritage from potential natural or human-caused damage. Other important issues that need to be considered are the empowerment of local communities in realizing a sustainable environment and cooperation between institutions in maintaining and preserving underwater cultural heritage.

Implications of Personal Data Protection Law in Consumer Health Data Management to Improve Secure and Confidential Handling in Indonesia

The purpose of this study is to understand the impact of the implementation of the Personal Data Protection Law (PDP Law) on the management of consumer health data in Indonesia, with a focus on enhancing secure and confidential handling. In the midst of the rapidly evolving digitalisation era, the management of personal data, especially those related to health information, requires strict and effective legal regulation. This is becoming increasingly urgent given the increasing incidents of data leaks and privacy violations, one of which occurred in the leak of the Indonesian Ministry of Health's server which collected 6 million patient medical record data. The research method used is normative juridical with a conceptual approach and a statutory approach, where secondary data is broken down into three different types of legal materials, namely primary, secondary, and tertiary legal materials. The PDP Law and Consumer Protection Law are the primary legal sources, accompanied by the use of relevant literature as secondary legal sources as well as dictionaries and encyclopedias as tertiary legal materials to further explain. The novelty of this research lies in the comprehensive analysis of the existing regulations and their applicability in the health context, as well as considering the increasing public awareness of their rights to personal data. The results show that although challenges such as uneven technological infrastructure and lack of awareness among health staff still exist, the measures taken through the PDP Law have created a strong foundation for better health data protection in the future, improving security and confidentiality in health data management.

The Urgency of Banks in Implementing the Precautionary Principle as Consumer Protection in the Standard Clauses of Credit Agreements

The importance of the bank in applying the precautionary principle contributes to ensuring a sound banking system and protecting the country’s economy. In lending, the precautionary principle was manifested in a standard agreement between the bank as the creditor and the customer as the debtor. Credit agreements can lead to disputes, where the debtor sues the bank for violating the principle of consumer protection because it applies standard clauses in the credit agreement. The research method used is legal research with a statute approach and a conceptual approach). The results state that the application of the precautionary principle in making standard agreements manifests itself in the prohibition of financial service business actors including exoneration clauses to the detriment of financial service consumers as stipulated in Article 18 paragraph (1) of the Consumer Protection Act and OJK Regulation No. 6/POJK.07/Tahun 2022 concerning Consumer and Community Protection in the Financial Services Sector.

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

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

Juridical Review of The Issuance of Ministerial Regulations without Any Delegation from The Law

Ahead of the syncronous Regional Elections (Pilkada) that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected. Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.

Considering state administrative decrees (SAD) by artificial intelligence from the transparency principle in Indonesia (Case study: The ministry of law and human rights of the republic Indonesia)

Artificial Intelligence (AI) has now touched the realm of government, such as in the creation of State Administrative Decrees (SAD/Keputusan Tata Usaha Negara/KTUN). The involvement of AI in this realm leaves questions regarding the application of its transparency aspects based on the Indonesian legal context. This article aims to understand the phenomenon of using AI for SADs in Indonesia and to find out the application of the principle of transparency generally and contextually in terms of using AI for SADs. This research is normative-empirical research with a conceptual and statutory approach by conducting literature studies and respondent interviews. As a result, SADs as a product of government administrative action in several cases have been using AI and have received normative recognition. On the other hand, there is legislation that regulates the general aspects of SAD transparency, especially related to public information openness and personal data protection. AI transparency itself can be divided into two concepts, namely: technical transparency and justifiable transparency. Justifiable transparency is considered more convenient and suitable to be applied in Indonesia.

Legal Study Analysis of Criminal Law Policy in the Implementation of Integrated Assessment for Drug Abusers based on Law Number 35 of 2009 Concerning Narcotics

Drug crimes pose a serious threat with detrimental effects on the global community, including Indonesia. Drugs are classified as extraordinary crimes that harm physical, mental, social, and economic health. Drug abusers are not criminals who should be imprisoned but individuals who need medical and social rehabilitation, as regulated in Law Number 35 of 2009 on Narcotics. However, the implementation of rehabilitation faces challenges, such as a lack of synchronization among law enforcement agencies and the low number of abusers receiving rehabilitation. This study uses normative juridical research methods with a statute approach, conceptual approach, and case approach. Secondary data were obtained from legal literature and relevant regulations. The results of the study show that the integrated assessment mechanism, involving both medical and legal evaluations, plays a crucial role in determining whether drug abusers are eligible for rehabilitation or imprisonment. However, various obstacles hinder its implementation, such as differing legal interpretations, sectoral egos among institutions, and inconsistencies in placing drug abusers in rehabilitation centers. Moreover, the criminal law policy that prioritizes rehabilitation as a solution requires reform to be more effective in preventing drug-related crimes. The study recommends improving coordination among law enforcement agencies and revising regulations to ensure rehabilitation is prioritized in handling drug abuse cases, aiming to create a more humane and effective justice system.

Perlindungan Diskriminasi terhadap Disabilitas dalam Lingkup Pendidikan

Protection against disability discrimination in education is essential to ensure that all individuals, without exception, have a fair chance to learn and develop. Inclusive regulations and policies as well as data related to the challenges faced by people with disabilities can be the basis for improving the quality of inclusive education in Indonesia and the world. Based on this problem, further discussion is needed regarding how the government's efforts to provide legal protection to overcome acts of discrimination against people with disabilities and how the government can provide fair treatment for people with disabilities to obtain the right to a decent education. The approach methods used are the Statute Approach, the Historical Approach, and the Conceptual Approach. The results of the study show that the government actually still pays less attention to matters related to protection against discrimination against people with disabilities in the scope of education.

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

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

Application Of Counterterrorism In Eradicating Criminal Acts Of Terrorism Into Indonesian Positive Legislation

Through counterterrorism policies, the government can mobilize various public work sectors which ultimately improve the quality of security and welfare provisions by the state. Improving the handling of terrorism convicts in prison to prevent recidivism, for example, will improve the detention system, immigration system and civil registration. This is of course with an important note that the policy of responding to terrorism is carried out in a coordinated manner. So, not only certain institutions within the country, but all state institutions must have a clear role in responding to terrorism. The formulation of the problem discussed is: How can counterterrorism efforts prevent and overcome terrorism? and How is counter-terrorism implemented in eradicating criminal acts of terrorism into Indonesian positive law legislation? The research method used in this research is normative juridical research with a statutory approach and a conceptual approach. Discussion: The application of counter-terrorism in eradicating criminal acts of terrorism in Indonesia has been integrated into positive legal legislation through Law no. 5 of 2018. This law strengthens the legal framework by expanding the definition of terrorism, tightening supervision, and giving greater authority to security forces, as well as introducing preventive measures such as preventive detention and deradicalization. The role of the National Counter-Terrorism Agency (BNPT) has also been strengthened to coordinate counter-terrorism strategies. The legislative process in Indonesia which follows the civil law tradition requires regulations to be written in writing. Establishment of Law no. 5 of 2018 was also influenced by the phenomenon of acts of terrorism which prompted the acceleration of the revision of Law no. 15 of 2003. Encouragement from society (bottom-up) and responses from political actors accelerated the ratification of this law, even though there were various challenges related to expanding authority and human rights. In dealing with terrorism, Indonesia applies two main approaches, namely the criminal justice model and the war model. The criminal justice model views terrorism as a legal violation that is handled through law enforcement, while the war model views it as an existential threat that requires a military response.

Law Enforcement Against the Practice of Advertising Fraud in Indonesia: A Review from the Aspect of Indonesian Criminal Law

Advertising is used as a common marketing strategy by various companies and individuals to promote their products or services to potential consumers. However, it is not uncommon for advertising to contain illegal and fraudulent activities that can cause harm to users through misdirection. In the act of advertising fraud, it is necessary to analyze the application of articles in the Criminal Code (KUHP) which regulates the concept of concursus in criminal law. The purpose of this study is to explain, identify and analyze the applicable legal framework, penalties imposed and law enforcement against advertising fraud in terms of criminal aspects. This research uses a normative juridical method by using a statutory approach (state approach), case approach (case approach), comparative approach (comparative approach), conceptual approach (conceptual approach). Based on the results of the research, advertising that deceives and harms consumers is an illegal act known as fraud and can be subject to the provisions in Article 378 of the Criminal Code. Article 379 of the Criminal Code stipulates that if as a result of the fraudulent act, a person suffers a loss, then the perpetrator of fraud may be subject to a more severe punishment. The provisions in the Criminal Code are used to protect the public from acts of fraud, and are expected to reduce the incentives of individuals, groups or other parties to commit fraud and provide a deterrent effect for the perpetrators.

Problematika Batasan Usia Tindak Pidana Aborsi

Pregnancy outside of marriage is one of the factors contributing to the high number of abortion cases. Sometimes, abortion attempts fail, resulting in the birth of a living baby. It is not uncommon for these newborns to become victims of infanticide due to fear of being discovered as having given birth. This issue becomes particularly compelling when considering the condition of these children, especially infants, whose right to life is being taken away. A further discussion is needed on the age limit for abortion in relation to infanticide, as well as the fulfillment of the legal certainty principle regarding abortion age limits. The research method used is normative juridical with a statute approach and a conceptual approach. The research findings indicate ambiguity in the legal provisions regarding the age limit for abortion. Moreover, there is a need for clearer regulations concerning specific legal provisions related to abortion limits.

Kepastian Hukum Syarat Mantan Narapidana Calon Anggota DPD Pasca Putusan Mahkamah Konstitusi Nomor 12/PUU-XXI/2023

General Election Contestation (Election) is one indicator of the implementation of the ideals of a democratic country. A democratic state certainly cannot be separated from the ideal of the rule of law, because in fact the state of law and democracy go together. This is because a state administration must be based on applicable law, and the law is implemented as much as possible for the community. In order to support the implementation of the rule of law in accordance with the wishes of the people, the concept of democracy is a concept that is no less important. In the context of statehood, it is appropriate for the voice of the people to be represented by representatives of the people in parliament, both central and regional. The people's representatives are elected through elections by stating the conditions that must be met. However, the conditions listed seem inconsistent and there are even aggrieved parties so that they do not show legal certainty. The purpose of this study is to see aspects of legal certainty regarding the requirements for ex-prisoner who want to run in election contestations, especially the selection of individual candidates for DPD members. The method used in this research is juridical-normative legal research or commonly called doctrinal legal research with statute approach and conceptual approach. The results showed that the requirements for ex-prisoner who wanted to run in the election contestation had changed several times as a result of material tests in the Constitutional Court. The change in requirements is the result of an inconsistent change in attitude by the Constitutional Court towards the existence of ex-prisoner requirements when they want to run in election contestations, including the selection of individual candidates for DPD members.

Genosida Sebagai Pelanggaran Hak Asasi Manusia (HAM) Yang Berat

Deprivation of Human Rights using various criminal methods has been happening for a long time. Since then, many international regulations have set limits and prohibitions regarding war crimes up to genocide, including judicial bodies that are given responsibility for crimes that have been committed. By knowing the actions and bodies authorized to prosecute serious human rights violations, we can understand current changes in the existence of the crime of genocide. The aim of realizing international legal instruments is to fulfill the human rights of victims, the world community and perpetrators. The research method used is normative juridical. The research approach is through a statute approach, which examines problems using statutory regulations by analyzing relevant laws to be used as a legal basis, such as the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Statute of the International Criminal Court in 1998 and the Law on Law Number 25 of 2000 concerning Human Rights Courts. The research results concluded that the crime of genocide is one of four serious human rights violations within the jurisdiction of the International Criminal Court. Genocide always involves two things, namely: objectively it refers to the act of extermination and subjectively the target of the action is a certain group. The International Criminal Court, in accordance with Article 34 of the 1998 Rome Statute, consists of four parts: The Presidency, the Chambers, the Offices of the Prosecutors and the Registry in carrying out its duties. The International Criminal Court will only carry out its functions if the National Court cannot carry out its functions properly, in this case the meaning is if the National Court does not want to try the perpetrator of the crime and unable.

Legal Enforcement of Corruption Criminal Act PT Asuransi Jiwasraya (Case Study of Decision 2931 K/Pid. Sus/2021)

This study aims to evaluate the judicial decision in the corruption case involving PT Asuransi Jiwasraya (Persero) based on Verdict Number 2935 K/Pid.Sus/2021, as well as examine the liability of insurance companies in cases of policy payment failures. The research employs a normative legal method with a statute approach, relying on secondary data from documents and legal literature. Data analysis is conducted qualitatively by categorizing and selecting data, which is then analyzed deductively and presented descriptively. The findings indicate that the judge in Verdict Number 2935 K/Pid.Sus/2021 affirmed the legal violations that harmed the policyholders. The liability of the insurance company can be addressed preventively through regulations that provide legal certainty and repressively through criminal law enforcement and civil lawsuits by policyholders for PT Asuransi Jiwasraya (Persero)’s default. Law enforcement authorities are expected to be more proactive and stringent in handling corruption cases, and the government needs to enhance regulations related to policyholder protection, including the establishment of a Policy Guarantee Institution Act. Educating the public about their rights as insurance policyholders is also crucial for raising awareness and vigilance. Further research is necessary to explore the factors contributing to insurance companies’ failures to fulfill their obligations and the effectiveness of existing regulations. Implementing these recommendations is anticipated to create a more just and transparent legal environment, providing better protection for the public.