Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Efektivitas Kebijakan Kedaulatan Pangan di Indonesia
Get PDFThe food sovereignty policy as regulated in the Food Law is intended to support the fulfillment of food security, with requirements for the utilization of local resource potential. In its development, food security is met, however, the use of local resource potential is inferior to the use of imported food, even reaching half of the need for the staple food rice. . This reality must be taken seriously by all parties, because if it is allowed to continue, it will be detrimental to society, even the State of Indonesia, because of the high level of dependence on foreign food. It is necessary to develop legal awareness among the public, government officials and all elements of the nation. Indicators of legal awareness include knowledge of norms, understanding the purpose of norms and willingness to implement norms. For this reason, education, outreach, affirmative action, supervision and role modeling by community/government figures are highly expected. The research method used in this paper is a sociological legal research method, because the object of the research is not legal norms (Food Law), but rather the implementation of the commands of these norms. To obtain data as an object of study and analysis, the data is obtained from direct observations in the field and published observations of other parties which are relevant to the object of study in this paper. The discussion is that the reality of wheat imports reaching 11.33 million tonnes per year is comparable to half (½) of the national rice requirement. This can be interpreted to mean that even though national food security and sufficiency has been achieved, if we look at Article 42 of the Food Law, food sovereignty has not been successful. For this reason, the government and all elements of society must be aware and move together to develop legal awareness of the negative impacts of our dependence on foreign commodities
Perlindungan Hukum terhadap Kreditur Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019
Get PDFAfter the Constitutional Court decision Number 18/PUU-XVII/2019, the execution of fiduciary collateral created a sense of injustice and lack of legal certainty for creditors as money lenders. This decision eliminates the Creditor's authority to execute fiduciary collateral objects, as previously stated in article 15 paragraph 3 of the fiduciary law. As a result, the Creditor experienced problems in executing the fiduciary guarantee object after the Debtor failed to fulfil its obligations. The purpose of this writing is to find out what the ideal form of legal protection for Creditors is after the Constitutional Court decision Number: 18/PUU-XVII/2019. The research method used in this research is normative juridical, which only focuses on legal materials using a conceptual approach and a statutory approach. The results of this research are Constitutional Court Decision Number: 18/PUU-XVII/2019 which has made the fiduciary law lose its role as the law establishing fiduciary guarantee institutions. Fiduciary guarantee certificate has lost its identity because the executorial power over the object of fiduciary guarantee which is considered to be the same as the district court decision no longer applies if the Debtor does not voluntarily hand over the object which is the object of fiduciary guarantee to the Creditor
Analisis Hukum: Actio Pauliana terhadap Aset Disewakan dalam Kepailitan
Get PDFThis research focuses on the legal regulation of leasing in the context of bankruptcy, emphasizing the importance of good faith principles and the application of actio pauliana. Leasing involves managing economically valuable assets through agreements that must comply with the validity requirements under Article 1320 of the Indonesian Civil Code, including the principle of good faith. In bankruptcy cases, the good faith principle is applied through actio pauliana, which grants creditors the right to annul actions by debtors that harm them. This research aims to understand how the Bankruptcy and Suspension of Debt Payment Obligations Law (KPKPU) regulates rental income from bankruptcy assets and the application of actio pauliana to leased bankruptcy assets. The study employs a normative juridical method with legislative and conceptual approaches to analyze the legal certainty of leased bankruptcy assets. The findings show that rental income can be classified as bankruptcy assets under Article 38 of the KPKPU Law, and actio pauliana can be applied if the leasing agreement is made in bad faith, as per Article 1341(2) of the Civil Code and Article 38 of the KPKPU Law
Permohonan Itsbat Nikah Untuk Perkawinan Kedua oleh Istri yang Bercerai di Luar Pengadilan Agama (Studi Kasus Padang Pariaman)
Get PDFDivorces outside the court often occur, resulting in the marriage status remaining valid according to Indonesian positive law. This leads couples who wish to remarry to do so clandestinely and seek marital validation through the religious court. Therefore, the purpose of this research is to understand the process of resolving itsbat nikah petitions for second marriages by wives who divorced outside the court and the legal consequences for the parties from the rejection of itsbat nikah by the religious court. This research employs an empirical juridical method focusing on field realities related to applicable legal aspects. Data analysis is conducted qualitatively to depict the research subjects and objects, with theories developed from the acquired data. The research findings indicate that the itsbat nikah process begins with a petition to the pusbakum, revealing that the couple were single before their secret marriage in 2007. However, during the trial, it was revealed that the wife had legally married in the Office of Religious Affairs (KUA) in 2004 and divorced outside the court in the same year, resulting in the rejection of the itsbat nikah petition. Consequently, the wife's post-divorce iddah maintenance rights are lost, but the child's legal status remains recognized, in accordance with Constitutional Court Decision No. 46/PUU-VII/2010
Akibat Hukum Adopsi terhadap Waris Menurut Kompilasi Hukum Islam
Get PDFChildren are the fruit of love that every married couple dreams of, but many couples experience challenges in having children. For many husbands and couples who have been married for a long time but have not been blessed with a child, adoption is the best alternative. However, many problems arise as a result of this implementation; One of the roots of the problem is that many people still do not know about the adoption process, how inheritance is distributed to adopted children, or how the rights of adopted children comply with the general description of Islamic inheritance law. Many problems occur in society because many people do not know about the rights of adopted children or how to submit a formal claim so that their rights are recognized by the state. In the Compilation of Islamic Law, it is stated that a child's lineage must be carried out by his adoptive parents when he marries and inherits. As a result, adopted children have difficulty understanding their legal position. This research uses normative jurisprudence, namely library research using existing books and references. The solution to problems involving adopted children and adoptive parents is for adoptive parents to understand the legal laws and children's rights as stated in the Compilation of Islamic Law which states that adopted children have the same rights as biological children, including knowing their life history, parents his birth, and the religion of his biological parents and that he was adopted by his adoptive parents
Tinjauan Yuridis terhadap Perbuatan Melawan Hukum Pembina Yayasan yang Melakukan Penyalahgunaan Wewenang dalam Pergantian Organ Yayasan
Get PDFThe replacement of Foundation Organs is carried out when the term of office of the foundation organ has expired and is not re-elected or when the foundation organ has committed acts deemed detrimental to the foundation by the foundation founder as conducted based on the foundation founder's meeting. If the foundation meeting is not held in accordance with quorum provisions stipulated in the Foundation Law and the Articles of Association, then the founder must be held responsible for his actions. This study was conducted using normative research methods. The results show that the unlawful act committed by the founder in the replacement of foundation organs is the abuse of authority by not adhering to the quorum provisions of the founder's meeting by 2/3 of the founder members, while the responsibility for the unlawful acts refers to civil liability in accordance by Article 1365 of the Civil Code. The legal consequences of such unlawful acts on the foundation organ include the occurrence of dualism in the management of the foundation, the invalidity of decisions made by the newly appointed organ which was unlawfully appointed, and damages to third parties
Model Rekrutmen Direksi dan Komisaris yang Mandiri dan Akuntabel pada Perusahaan Perseroan dalam Kerangka Hukum BUMN di Indonesia
Get PDFOne of the keys to the success of a company, whether private or government owned, cannot be separated from the people who will lead the company. As is the case with BUMN directors and commissioners, they are people who struggle to bring the company to better development. Therefore, in order to find a leader, whether a director or commissioner, it will really depend on what model is used in the recruitment. With the right recruitment model, it is hoped that it can reduce or even eliminate various aspects of certain interests that can arise from the positions that will be held by company leaders (directors and commissioners). The form of recruitment must reflect a form that truly provides clear, clear boundaries regarding the rights and roles of effective, efficient and accountable clarity in accordance with the principles of good corporate governance (GCG). As a result, there is legal clarity and equality for all in conditions of economic progress
Penegakan Hukum terhadap Peraturan Daerah Nomor 6 Tahun 2012 Tentang Pengelolaan Sampah dan Sanksi Hukum Serta Kendalanya Di Kota Semarang
Get PDFWaste, as a byproduct of human activities or natural processes, poses a serious issue due to its substantial and challenging quantity. Problems include waste piles in urban areas and a lack of waste disposal areas around street vendors. This research, titled "Law Enforcement on Regional Regulation No. 6 of 2012 Regarding Waste Management and Legal Sanctions and Challenges in Semarang City," aims to elucidate how the law is applied concerning waste management in Semarang City. This non-doctrinal study employs a normative-empirical juridical approach with a qualitative method. The research is conducted at the Environmental Agency of Semarang City, with primary data sources consisting of interviews with stakeholders from the Waste Management Department and secondary data from legal materials. Data analysis utilizes a qualitative narrative method. Research findings indicate that law enforcement related to Regional Regulation No. 6 of 2012 in Semarang City has been implemented by the local government in accordance with existing provisions. However, deficiencies in community participation persist, such as the habit of improper waste disposal and inadequate waste bin provision. This is attributed to the cultural norm of indiscriminate waste disposal that has become prevalent in society. Additionally, public understanding of "Regional Regulation No. 6 of 2012" regarding Waste Management remains insufficient, particularly regarding the legal penalties for violating the provisions of the regulation
Peran United Nations International Children’s Emergency Fund (UNICEF) dalam Memberikan Perlindungan Hak Anak Sebagai Korban Perekrutan Tentara Bersenjata di Republik Demokratik Kongo
Get PDFThis legal research focuses on the issue of the extent of UNICEF’s role in protecting the rights of children who are victims of exploitation and abuse, on of which is that occur in conflict areas Republic Democratic of Congo. One of the phenomena that occurs is the recruitment of armed soldiers which occurs among children. This case of child soldiers that occurred in the Republic Democratic of Congo involved various armed Rally Constitutional Democratic (RCD) parties in fighting pro government parties and creating political grudges that could attract children in this country to take part in the conflict as child soldiers. This legal issue in this research discusses the role of UNICEF in providing protection for children recruited as armed soldiers in the Republic Democraic of Congo from the perspective of International Humanitarian Law. Research methods juridical normative with a descriptive approach to invitation regulations based on primary, secondary, and tertiary data sources. This results of this research show that children as victims of exploitation by armed soldiers have not received optimal treatment because UNICEF is experiencing obstacles in resolving children’s rights in the Republic Democratic of Congo
Penguatan Literasi Digital Dalam Pencegahan Pelanggaran Hukum Siber (Cyber Law)
Get PDFWith the advancement of information technology that is increasingly influential, a new legal paradigm has emerged known as cyber law or telematics law. This study aims to understand the role of digital literacy in preventing cyber law violations. The approach to be used in this paper is a normative juridical approach (Legal Research). This approach will be used to analyze various principles and regulations related to Digital Literacy and Cyber Law. This study has specifications as Positive Law Inventory Research. The data used in this study are secondary. The data will be systematically compiled and analyzed in a qualitative normative manner to gain a clear understanding of the issues discussed. The results showed that digital literacy involves attitudes, understanding, and skills in managing and communicating information effectively through various media and formats. With proper strengthening of digital literacy, individuals and organizations can be better prepared to face the challenges of cyber law violations in the digital age