Statute Approach Research Articles

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.

Law Concept related to Limitation Freedom of Contract Marriage Agreement in Indonesia

In this thesis, the author analyzes the legal obscurity of the limitations on the contents of Marriagel Agreement, which of course has an impact on legal certainty itself, especially regarding the parties' freedom of contract. This is because there is no further explanation regarding the words law, religion and morality in Article 29 paragraph 2 of the Marriage Law, so that if they are defined generally, according to the opinion of experts, they certainly have different meanings. The different meanings of several experts have an impact on the public's lack of understanding regarding these boundaries. Based on this obscurity, the author formulates a problem formulations, what is the ideal concept of setting limits on freedom of contract marriage agreement in indonesia?. The research method used in writing this thesis uses conceptual approach, statute approach and comparative approach by making a comparison with California. Using this method, it can be concluded that Regulations related to marriage agreements need to be amended regarding the regulation of limitations on the contents of marriage agreements, because there have been cases due to the extensive limitations on the contents of marriage agreements in Indonesia which have created uncertainty regarding marriage agreements. There are several concepts for changes in the regulation of marriage agreements in Indonesia, namely the existence of special regulations, the distinction between prenuptial agreements and marriage agreements, and the creation of details related to limitations.

Economic Program Policy BUMNIn Increasing Economic Growth In Indonesia

Economic program policies towards state-owned enterprises (BUMN) in economic growth in Indonesia have become commonplace in various countries. The main reason for implementing economic program policies is to improve and streamline the performance of BUMN so that it can achieve its founding targets, namely the provision of public services for the community and profits for the state. However, this policy is often rejected due to concerns that the role of the state is minimal and the role of the private sector is too dominant, which refers to a free market system so that the interests of society are not guaranteed. The method used in this research is qualitative research with a descriptive-analysis method using relevant secondary data and normative/literature assessment using a statutory approach and a conceptual approach. The aim of this research is to provide a comprehensive understanding of economic program policies by BUMN in Indonesia, both from a historical perspective and applicable positive law. The research object is BUMN (State-Owned Enterprises). This research concludes that the majority of listed BUMNs are able to improve business performance and profit generation. Economic programs are not the only solution for state company management, but they must always be able to reform and innovate in terms of future BUMN business strategies.

Ratio Decidendi District Court Decision in Case of Deed Not Read Based on Notary Position Law (Decision No 873/Pdt.G/2013/ Pn.Sby)

This research is aimed at analyzing the Ratio Decidendi of District Court Decision No. 873/Pdt.G/2013/PN.Sby against notaries who do not read their deeds. The purpose of this research is to determine and analyze the Decidendi Ratio of District Court Decision No. 873/Pdt.G/2013/PN.Sby regarding deeds that were not read by a notary. Then to analyze the responsibilities of notary officials based on article 16 paragraph 1 letter (m) of the Law on Notary Positions. This type of research uses normative juridical research using a statutory approach and a conceptual approach using literature study legal material search techniques. The analysis technique used in this research is the interpretation technique used is systematic interpretation. Based on this, the problem formulation is (1) What is the judge's consideration (Ratio Decidendi) regarding Decision No. 873/Pdt.G/2013/PN.Sby regarding deeds that were not read by a notary? and problem formulation (2) What are the responsibilities of notary officials for deeds that are not read out based on article 16 paragraph 1 letter m based on the Law on Notary Positions? (1) Ratio Decidendi, namely the implementation of a decision with a ruling that the lawsuit cannot be accepted (Niet Ontvankelijk verklaard) in District Court Case No. 873/Pdt.G/2013/PN.Sby, even though in principle the lawsuit is not accepted, the notary still has responsibility for deed that he has made. Even though in principle the lawsuit is not accepted, the judge should consider not carrying out the obligation to read the deed by a notary(2) The Notary's responsibility for a deed that is not read, in this case the Notary can be sued because the authentic deed is downgraded to a private deed and then be sued civilly, namely regarding compensation based on 1365 of the Civil Code, as well as administrative sanctions based on the Code of Ethics. Notary. The advice that can be given is that during the examination of the case, if the lawsuit contains formal defects, it is better to stop it so that the decision is not rejected. Then the parties in the lawsuit must make a detailed lawsuit so that the lawsuit can be granted. Then there are administrative sanctions for the notary who does not carry out the obligation to read the deed. less severe and less of a deterrent effect, then the supervisory board should ensure that the deed made by the notary is truly authentic or not during its inspection and there should be a clear place for complaints for the public to the regional supervisory board.

Evaluating Whether Indonesia Should Maintain or Revise Its Local Incorporation Requirement for Foreign Investors

The article reviews the locally incorporated company requirement for foreign investors in Indonesia. It uses a normative juridical method, focusing on examining positive law through a statute approach. It involves analyzing relevant laws, regulations, cases, and literature and includes interviews with law scholars and an official from Indonesia’s Investment Coordinating Board to gather expert opinions. The data obtained is analyzed using qualitative techniques. It discusses the advantages and disadvantages of the requirement in international foreign investment law and Indonesia concluding that its advantages outweigh the disadvantages, and some of the disadvantages have been resolved. Hence, the article argues that the requirement remains appropriate for Indonesia and should be maintained. However, certain investment treaties have weakened the requirement as a defense against legal action by locally incorporated companies in international arbitration. To overcome this problem, the country should renegotiate its bilateral investment treaties (BITs) that give the companies direct legal action rights and develop new BITs that contain balanced rights between foreign investors and Indonesia. Additionally, the locally incorporated company requirement should be reinforced by Indonesia’s negative list policy, prioritizing specific sectors for local investors.

Existence Bali Governor Regulation No. 1 of 2020 Concerning Governance of Bali Fermented and or Distilled Beverages

This research discusses the issue of the existence of gubernatorial regulations Bali No. 1 of 2020 concerning the Governance of Balinese Fermented and/or Distilled Drinks, what is the Legal Certainty and Benefits. The aim of the research is to see to what extent the existence of Bali Gubernatorial Regulation No. 1 of 2020 can regulate the issue of governance of Balinese fermented and/or distilled drinks and whether this regulation can provide legal protection, legal certainty and benefits as expected. The problem that will be discussed is related to the Management of Balinese Fermented and/or Distilled Drinks Efficacy and Benefits for the people of Bali. Normative legal research methods with a statutory approach, historical approach, and conceptual approach. The research results show that the Governor based on his authority and function can issue Governor regulations, but materially, the substance regulated therein cannot conflict with the substance that has been regulated in the statutory regulations above. This study shows that the substances regulated in PERGUB1/2020 is contrary to the above regulations (PERPRES 74/2013) therefore, based on the principle of Lex Superior Derogat Legi Inferiori, Gubernatorial Regulation No. 1/2020 cannot normatively be enforced as a product of binding statutory regulations, thus its existence cannot provide legal protection and benefits for the community.

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.