Statute Approach Research Articles

Legality of Digital Contracts in Indonesian Positive Law Perspective

In the rapidly developing digital era, digital contracts have become popular in Indonesia due to their convenience and efficiency in business transactions, such as online buying and selling. A digital contract is an agreement made using electronic or digital media, differing from the traditional paper and pen method. The rise of electronic transactions has led to the creation of digital or electronic contracts, resulting in electronic engagements. This shift from conventional to digital contracts represents technological advancement in contract practices, as seen with Electronic Contracts. Unlike conventional contracts, which have clear legal regulations, Digital or Electronic Contracts in Indonesia are relatively new. This research examines the legality and validity of Digital Contracts from the perspective of Indonesian Positive Law. The study aims to understand and assess the legality of digital contracts in Indonesia. The research employs normative legal research methods, using the Statutory Approach and the Conceptual Approach. The findings conclude that digital contracts are legal and valid under Indonesian positive law, provided they meet the validity requirements of an agreement as stipulated in Article 1320 of the Civil Code.

Legal Protection for Debtors in the Execution of Fiduciary Objects in Indonesia

In financing agreements, the phenomenon of debtors defaulting is very possible or occurs, so this causes creditors to take steps such as parate execution by using coercive debt collector services. This is justified because it is under the legal umbrella of the Fiduciary Guarantee Law. After the judicial review of Constitutional Court Decision No. 18/PUU-XVII/2019, the execution parate was abolished and the execution of fiduciary guarantee objects must be carried out by submitting a request for execution to the head of the district court, but in the case of Decision Number 157/Pdt.G/2021/Pn Skt, the judge actually rejected the plaintiff's petitum as a debtor who argued that the execution parate by the defendant (creditor) was an unlawful act. The formulation of the problem in this research is how to analyze the judge's legal considerations in determining whether the execution of fiduciary guarantees is valid in Decision Number 157/Pdt.G/2021/Pn Skt? And how is legal protection for debtors related to Constitutional Court Decision Number 18/PUU-XVII/2019? This research is included in the type of normative juridical research with a statutory approach. The purpose of this research is to determine the analysis of the judge's legal considerations in determining the validity of the execution of fiduciary guarantees in Decision Number 157/Pdt.G/2021/Pn Skt and to determine the legal protection for debtors in connection with Constitutional Court Decision Number 18/PUU-XVII/2019. The theoretical benefit of this research is a contribution to legal science, while the theoretical benefit is aimed at legal practitioners. The results of this research are that the plaintiff is not a party who voluntarily surrenders the object of the fiduciary guarantee and is not a party bound by an agreement to determine default, so the judge was wrong in rejecting the plaintiff's petitum which argued that the defendant was valid in the execution parate, and legal protection for the debtor was linked to Constitutional Court Decision Number 18/PUU-XVII/2019 is contained in Article 23 paragraph (2) and the plaintiff can take legal action to appeal solely to seek correction of the results of a decision that is considered wrong.

Legal Reconstruction of Empirical Juridical Analysis of Unilated Determination of Defense (Study of Pontianak District Court Decision Number 51/Pdt.G/2021/PN Ptk)

Decision case number 51/Pdt.G/2021/Pn Ptk contains a legal problem, namely the unilateral determination of default and the legal consequences (the application for the sale of collateral was also carried out unilaterally). This research basically aims to find out the legality of unilateral determination of default in positive law in Indonesia and the legal construction of Pontianak State Decision No. 51/Pdt.G/2021/Pn Ptk in terms of the theory of legal certainty. This research has a normative juridical character, with a statutory approach and a case approach. Legal materials were obtained from primary legal sources (legislation and decisions) as well as secondary legal materials, namely library sources such as books and journals. The results of this research: The legality of unilateral determination of default in positive law in Indonesia refers to the Supreme Court (MA) Jurisprudence No. 186 K/Sip/1959 and based on the jurisprudence of the Republic of Indonesia Supreme Court Decision No. 852 /K/Sip/1972, in Indonesian law, it is not legal/legitimate/legitimate to carry out unilateral acts of default without a prior summons. The legal construction of the Pontianak District Decision No. 51/pdt.g/2021/pn PTK is viewed from the theory of legal certainty, namely that the judge must grant petitum number 3 "stating that the Defendant's decision stating that the Plaintiff is a bad debt debtor is an unlawful act and cancels the entire series of consequences of the decision. Unilateral default, namely making a Sales Request unilaterally. Because in the theory of legal certainty, compliance or implementation of legal sources (jurisprudence) is a concrete form of legal certainty.

Perlindungan Hukum Terhadap Masyarakat Di Wilayah Pertambangan Dalam Penyelesaian Sengketa Pengelolaan Lingkungan Hidup

Mining activities that are increasingly uncontrolled have various impacts on the community and life around the mine, including; Environmental damage, high levels of pollution (soil, water and air), also cause disruption to the wider community in the form of damage to houses and public facilities. This research aims to determine the form of legal protection for communities in mining areas who suffer losses related to mining activities, as well as to determine dispute resolution in the form of demands for compensation from communities around mining locations. The research method uses normative research methods with a statutory approach, conceptual approach and case approach. Apart from that, empirical research is also used to see the reality that occurs in the field. The results of the research show that the legal implications regarding the protection of communities in mining areas in environmental management are problematic in their resolution due to the government's indifference and also regarding the compensation provided by mining business actors. The responsibility for restoring mining land is the responsibility of business actors as an obligation to restore the social and economic environment as a result of the impact of mining activities on communities in mining areas.

SPEEDING UP JUSTICE: A CRITICAL ANALYSIS OF THE PRINCIPLE OF SPEEDY, SIMPLE, AND LOW-COST TRIALS IN INDONESIAN CORRUPTION CASES

This article investigates the issue of delays in law enforcement's implementation of criminal law in corruption cases, particularly in relation to the principles of speedy, simple, and low-cost trials. Utilizing a normative legal method and statutory approach, alongside case studies, the study explores the persistent delays in the Indonesian criminal justice system despite the emphasis on these principles. Delays in the reading of indictments have raised suspicions and potential discrimination in the enforcement of corruption cases. The right of a defendant to a prompt resolution, as outlined in the Criminal Procedure Code aligning with the shift from an inquisitorial to accusatorial principle and human rights development, is highlighted. However, the findings reveal that these principles are not consistently and effectively applied in Indonesia's criminal justice system. Key issues identified include prolonged, complex, and costly law enforcement processes in corruption cases, as well as obstacles hindering the swift and cost-effective resolution of state losses. Discriminatory practices, though not overt, manifest in various stages of the legal process, impeding the realization of fast, simple, and low-cost justice. To address these challenges and ensure fair trials, law enforcement must prioritize ethical and moral considerations in their practices

Comparative Study of the Regulation and Planning of National Capital Authority-Owned Enterprises in Realizing Sustainable Development of the Nusantara's Capital City

After the stipulation of Presidential Decree no. 62 of 2022 concerning the Nusantara Capital Authority, the Authority can have power over business entities which is characterized by share control and ownership of shares of a business entity so that it becomes the domain of the IKN Authority in its management. However, in reality, adequate regulations to accommodate the formation and planning of the Authority-Owned Business Entity itself are not not yet in place. This research aims to find out how business entities owned by the state capital are regulated and planned in a comparative perspective and what the ideal concept of regulation and planning of authority owned business entities is in realizing sustainable development of the Nusantara Capital City. The research used normative juridical with a statutory approach, comparative approach and conceptual approach. The research results show that the concepts of the three countries are different. The concept from Australia requires the formation of a state-owned enterprise through the law of its capital region, namely the Territorial State-owned Corporation Act 1990. Meanwhile, India uses a registration mechanism by injecting funds from the government to mark it as a government-owned company according to its level in accordance with the provisions of the Company Law of India, 2013. Then China acknowledged the existence of controlling and non-controlling shares in government control as regulated in the Law of State-owned Assets Enterprise 2018 Revision. In this case, Indonesia can adopt it by establishing an authority-owned business entity using regulations from the head of the authority that are regulatory and based on sustainable development. In this way, the next generation can experience the development results of the authority's business entities.

Citizens' rights in obtaining optimization of the implementation of the national health insurance program

This study aims to analyze the rights of citizens in obtaining optimization of the implementation of the national health insurance program. This research is in the form of normative or doctrinal legal research/library research, using a statutory approach and conceptual approach. The results of the study reveal that the implementation of the right to health based on the mandate of the 1945 Constitution in Indonesia has not been maximally implemented. This can be seen from the application in terms of facilities, health workers and the application in terms of the national health insurance system. Optimizing the implementation of the guarantee with the issuance of Presidential Instruction of the Republic of Indonesia Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program was also found to be disharmonized with the principle of Portability and the non-fulfillment of the value of justice or equality of National Health Insurance participants, especially the rules on migrant workers. Therefore, it is necessary to conduct an evaluation related to the fulfillment of citizens' rights to health, as well as to review the Presidential Instruction of the Republic of Indonesia Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program, especially regarding the obligations of pilgrims and migrant workers to remain active participants, so that the value of the principle of benefits can be obtained by all JKN participants fairly.

Problematika Hukum Kewenangan Pejabat Pengawas Lingkungan Hidup Dalam Penegakan Hukum Lingkungan Di Bidang Pertambangan

Mining activities are closely related to society and the environment because every mining business must maintain the continuity of the carrying capacity and capacity of the environment. Environmental supervisory officials are obliged to supervise compliance with the person responsible for business and/or activities carried out based on statutory regulations in the field of environmental protection and management. This research aims to determine the authority of environmental supervisory officials in enforcing environmental law in the mining sector. This research uses normative research methods with a statutory approach, conceptual approach and case approach. Apart from that, empirical research methods are also used so that we can get results regarding the authority of environmental supervisory officials in enforcing laws in the mining sector. The process of enforcing environmental law in the mining sector must be implemented from the stage of the process of fulfilling environmental permits and AMDAL studies, then planning, implementation and supervision, both at the exploration, production and post-mining stages. Enforcement of environmental law carried out by environmental supervisory officials in the mining sector signals to business actors to address the recovery of the social and economic environment as a result of a mining business activity located in the local government area. Environmental supervisory officials in law enforcement in the mining sector must carry out their duties and obligations in accordance with applicable laws.

Legal liability of medical personnel and health workers who commit negligence during medical procedures (Normative Study After the Enactment of Law Number 17 of 2023 Concerning Health)

Medical personnel and health workers are part of health human resources who are basically tasked with providing health services to service recipients, in this case patients and/or providing the necessary medical measures. Medical personnel and health workers who commit negligence when carrying out their duties legally can be subject to legal liability. Since the enactment of Law Number 17 of 2023 concerning Health, there have been several important aspects of health law that have changed, one of which is related to legal liability. For this reason, it is necessary to conduct an assessment, especially about legal liability for medical personnel and health workers if they commit negligence when performing medical procedures. The type of research carried out is normative juridical research. The approach taken is a statutory approach and is descriptive analysis. The resources used for secondary data are by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The data collection tool used is document study (library research) and analyzed by qualitative analysis. Based on the results of the study, it is known that the duties and functions of medical personnel and health workers in carrying out medical actions on patients are mainly to provide health services to patients in the form of promotive, preventive, curative, rehabilitative, and/or palliative. Then it is known that the legal responsibility of medical personnel and health workers when committing negligence after the enactment of Law Number 17 of 2023 concerning Health is divided into 3 (three) forms, namely administrative liability, namely the temporary deactivation of STR; and/or recommendations for revocation of SIP, civil liability in the form of compensation and criminal liability in the form of imprisonment and fines.

Legal Studies of Marriage Registration and the Problems of Isbat Nikah Polyandry and Its Legal Consequences for Children

One of the important issues in marriage law in Indonesia is the registration of marriages and divorces in the Religious Courts. This happens because some of the rules in these regulations are considered relatively new because they have not been mentioned in the classical jurisprudence books which are used by the Indonesian people, especially the ulama. In statutory regulations as contained in Article 2 paragraph (2) of Law Number 1 of 1974 concerning Marriage jo. Article 5 of the Compilation of Islamic Law states that every marriage must be recorded. This research discusses; What is the form of registration of polyandrous marriages and what are the problems with the legal status of polyandrous marriages and the legal consequences for children. This type of research is doctrinal research or normative legal research. Meanwhile, the approach used is a statutory approach, a conceptual approach and a comparative approach and the legal analysis uses descriptive qualitative analysis, namely by formulating and explaining significantly several legal issues that are the object of study in this research.

ASEAN Outlook on The Indo-Pacific Concerning The Implementation of National Determined Contributions To Achieve Sustainable Development Goal 13

The aim of the research is to analyze comprehensively the ASEAN Outlook on the Indo-Pacific (AOIP) concerning the Implementation of National Determined Contributions (NDCs) to achieve Sustainable Development Goal 13, namely “take urgent action to combat climate change and its impacts”. The bad impacts of climate change do not only cause serious impacts to the environment but also to the economic, social life and culture. International cooperation both regional and universal are important due to an individual state will not be able to overcome the bad impacts of climate change. The ambitious commitment of a single state as a member of the Paris Agreement to reduce emission stipulated in the NDCs should be performed in good faith. Indeed, the success of the NDCs will depend on the commitment of individual state to comply and perform the commitment due to the voluntarily character of the NDCs. The AOIP was formulated to guide cooperation and to create the environment for peace, stability, and prosperity while upholding the rules-based regional architecture. However, the AOIP is not legally binding. The research is a normative juridical research, and the approaches are employed are conceptual approach and statutory approach. The results of this research demonstrates that the implementation of NDCs faces many challenges in the ASEAN and Indo-Pacific which depend on the situation and condition of each state, however, there are some opportunities that can be performed.

Village-Owned Enterprises (BUMDES) are Legal Entities to Realize Independent Villages

This research aims to examine and analyze related to Village-Owned Enterprises (BUMDes) with legal entities to realize independent villages. The establishment of legal entity BUMDes is a strategic step in strengthening the rural economy and realizing independent villages. BUMDes plays the role of an economic entity managed by the village government and the community, with the aim of improving the welfare of residents through professional and sustainable management of local resource potential. The methods used include qualitative descriptive analysis with a case study approach in several villages that have succeeded in optimizing the potential of their villages through BUMDes. The results of the study show that optimizing village potential through BUMDes can improve the welfare of village communities, create jobs, support local economic growth and make the community's economic resilience that realizes independent villages. The problem that will be discussed in this study is how BUMDes are legal entities to realize independent villages. The research method used is a normative research method with a statute approach and a comparative approach and will be analyzed in a qualitative descriptive manner.

Legal Protection of Children's Personal Data in the Digital Era

In the rapidly evolving digital era, the use of digital technology has become an integral part of everyday life, including for children. However, this development also raises concerns about the protection of children's personal data in the digital environment, which is vulnerable to misuse and exploitation. The purpose of this study is to determine and analyze the legal protection of children's personal data in Indonesia in the context of the digital era and explore the negative impact of the abuse of children's privacy rights in the digital environment, using a normative juridical research method with a statutory approach. The results show that in Indonesia there are several laws that protect children's personal data, such as the Child Protection Act, the Electronic Information and Transaction Act, the Personal Data Protection Act, the Minister of Communication and Information Technology Regulation, and the Government Regulation on Compensation for Children Who Are Victims of Criminal Acts. The negative impacts of the misuse of children's privacy include the risk of cybercrime, impaired child development, and emotional trauma. Therefore, efforts to improve the protection of children's personal data in the digital era are still needed by the government, technology platform providers, and parents to create a safe online environment that supports children's growth and development. The findings of this study have significant implications for policymakers, legal practitioners, and stakeholders involved in child protection in the digital space. Strengthening the legal framework and ensuring its effective implementation are important steps to protect children's personal data from misuse.

Implementation of Carbon Trading: Mechanisms of Execution and Legal Protection for Shareholders on the Indonesia Carbon Exchange

This research aims to find out how the trading mechanism on the carbon exchange and legal protection for company shareholders in carbon trading transactions on the Indonesian carbon exchange. Increased global awareness of climate change has prompted many countries, including Indonesia, to adopt more effective mitigation measures. A carbon exchange is a platform for buying and selling carbon credits, which can be obtained by companies that have taken decarbonisation measures. Through carbon trading, investors can be involved in reducing carbon emissions through a scheme that has been provided, namely emission trading or emission offsets. The Indonesian government issued carbon trading regulations and policies as an effort to reduce greenhouse gas emissions globally, and the presence of the Indonesian Carbon Exchange (IDX Carbon) provides positive sentiment for a number of issuers engaged in the environmentally friendly sector. This is because the presence of a carbon exchange opens up opportunities for environmentally friendly companies to increase their revenue by selling carbon credits. The method used in this research is normative juridical with statutory approach and conceptual approach. The results of this research show that shareholders of carbon exchange organisers can only be owned by sui generis institutions, Indonesian citizens, Indonesian legal entities, and/or foreign legal entities that have obtained permission or are under the supervision of the financial services regulator in their home country. In addition, members of the board of directors of the carbon exchange organiser must be domiciled in Indonesia.

Marriage Agreement on Common Property in Marriage (Comparative Study of Indonesia and The United States)

This article compares Indonesia and the United States to discuss a prenuptial agreement for joint marital assets. Indonesia adheres to a civil law legal system by basing prenuptial agreement on Article 29 of the Marriage Law. Meanwhile, the United States, which adheres to a standard legal system, implements the Uniform Premarital and Marital Agreements Act (UPMAA). The research method used in this writing is legal research with a statutory approach and a comparative approach. The results of this research are the reasons for making a prenuptial agreement, among others, because the agreement will facilitate the division of assets, which will benefit both parties in the event of a divorce and as a step to prevent conflicts from arising in the future. The difference between prenuptial agreements between Indonesia and the United States is that for prenuptial agreements in Indonesia, each couple can freely determine the contents of the prenuptial agreement as long as it does not conflict with law, religion, decency, decency, or public order. Meanwhile, in the United States, each couple has specific restrictions regarding what can and cannot be written in the prenuptial agreement. So, freedom in making prenuptial agreements is still bound and limited to specific points.

Analisis Putusan Pengadilan Negeri Kelas I A Kota Bekasi No. 266/PDT.G/2023/PN.BKS Tentang Wanprestasi

This journal examines the decision of the Bekasi District Court in civil case number 266/Pdt.G/2023/PN.Bks involving a contract dispute between PT Annisa Bintang Blitar and PT Berkat Putra Mandiri. The analysis includes the legal basis used by the judge, the considerations in the decision, and the impact of the decision on civil law in Indonesia. Because this case involves a contract dispute between two companies regarding the implementation of contractual obligations and compensation. The method of writing that will be used is the method of statutory approach and literature study of secondary data by means of an inventory of secondary legal materials, secondary legal materials used are in the form of scientific papers, journals, articles, and literature related to the agreement.

Examining The Spark of Reprehensible Factors in The Conception of The Unitary State

This article seeks to examine how the regulation of terrorism as a reprehensible act within the scope of special criminal acts in the National Criminal Code and its potential danger to Indonesia's existence as a unitary state. This research is normative juridical research, which uses conceptual and statute approaches based on primary and secondary legal materials obtained through library research. Then, the results are discussed using qualitative prescriptive analysis. The results obtained turned out to show that the regulation of terrorism as a despicable act within the scope of special crimes in the National Criminal Code intended to reinforce counterterrorism and radicalism efforts by including it as one of the special crimes by considering special characteristics. In addition, criminal acts of terrorism also have the potential to endanger the existence and sustainability of the Indonesian state as a welfare state; for that, there is a need for synergy in the role of the government and the people in the state.

EXECUTION OF NON-EXECUTABLE COURT DECISIONS IN CASE NO. 757/PDT.G/2022/PN.JKT.PST

Judges play an important role in upholding justice as they are responsible for resolving cases and ensuring that the law is applied fairly. While their decisions are necessary to resolve cases, the fact is that they cause controversy for many parties. Judges are expected to consider law, justice, expediency, and legal certainty in making decisions. This research topic is an important and necessary study to determine the causes of Decision No. 757/Pdt.G/2022/PN.Jkt.Pst being non-executable and the legal remedies for the execution of the decision. This research is a normative juridical research using primary legal materials and secondary legal materials to obtain a comprehensive understanding. Meanwhile, this research approach uses a statutory approach, conceptual approach and case approach. The result of this research is that the judge's decision in the case between Prima Party and General Election Commission was flawed in several ways. The decision exceeded the authority of the judge, did not provide legal certainty, could have an impact on the postponement of the 2024 elections, and was ordered to be implemented immediately without following proper procedures and therefore should be considered a non-executable decision. This decision will also affect third parties, which are all legal subjects who are not parties to the civil case. Legal remedies that can be taken by the parties are to continue to take legal remedies by filing a complaint to the Supreme Court Internal Supervisory Board and submitting a report to the Judicial Commission.

LEGAL PROTECTION FOR WAGED WORKERS UNDER THE MINIMUM WAGE AT THE REGENCY/MUNICIPALITY LEVEL

Wages have always been a common issue between workers and businesses because it involves a civil legal relationship that is regulated through an employment contract. The government mediates between the two parties by regulating the minimum wage, which is the responsibility of the governor in each province. Contravention of minimum wage provisions is considered a criminal offense, even though the relationship was originally intended as a civil one, and this research examines whether the policy is appropriate. This research finds and describes the provisions of the labor agreement and the ideal policy regarding the payment of wages under the minimum wage. This research uses a normative legal approach that focuses on the concepts of decriminalization and depenalization related to the payment of wages under the minimum wage. The approach used includes conceptual and statutory approaches, connecting labor law with criminal law and agreements. The sources of legal materials used include labor-related laws and legal literature, with analysis based on relevant articles. Therefore, employers, both civil legal entities and individuals, are prohibited from paying wages under the minimum wage according to Article 88E (2) of Law No. 6/2023. If violated, employers may be subject to imprisonment of up to 4 years and a fine of IDR 400 million under Article 185. This provision aims to protect workers' rights to a decent wage in each regency/ municipality.

Legal Protection for Outsourced Workers/Laborers Who Experience Job Replacement Due to Not Meeting Qualifications (Case Study at PT Smelting Gresik)

Outsourcing is the handing over of work for a company to another party with the aim of reducing the company's burden. This business usually can make benefit for all parties, both the employer company, the outsourcing company and the outsourced workers. The practice of outsourcing, there are still things that are detrimental to the outsourced workforce, especially in terms of one-sided performance evaluation resulting in employee turnover (job replacement) that causing layoffs. The aim of this research is to describe forms of legal protection and legal remedies for outsourced workers who experience job replacement. The research methodology in this research is using the normative juridical method through the statute approach, accompanied by interviews with the employers and the workers to find out more details regarding the outsourcing agreement that occurred, then conducting a legal analysis with a deductive approach. The results of this research are a form of legal protection for outsourced workers who experience employee change or job replacement because they do not meet the qualifications at PT Smelting Gresik, through analysis of applicable autonomous and heterogeneous laws, especially in maintaining work status and obtaining compensation money. The legal remedy that can be taken if they do not get their rights is the industrial relations dispute resolution mechanism.