Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Pengaturan SIM terhadap Pengguna Sepeda Listrik
Full text linkThis study examines the regulation of driver's licenses (SIM) for electric bicycle users in Indonesia, which are increasingly popular as an environmentally friendly mode of transportation but pose legal and safety challenges due to unclear regulations. Using a normative and legal-legal approach, the study analyzes Law Number 22 of 2009, Minister of Transportation Regulation Number 45 of 2020, and Police Regulation Number 5 of 2021, which stipulate that electric bicycles with speeds up to 25 km/h do not require a driver's license, while those with speeds above 35 km/h require a Class C driver's license. The results indicate a legal vacuum due to regulatory inconsistencies, low user awareness, and inconsistent law enforcement, such as verbal warnings during Operation Zebra Semeru 2024, with 647 electric bicycle accidents recorded between January and June 2024. The study recommends regulatory harmonization, intensive outreach, and strengthening bicycle lane infrastructure to support effective driver's license regulations to improve traffic safety without hindering transportation innovation
Tinjauan Yuridis Pelanggaran Pemasangan Reklame Sesuai Peraturan Bupati Nomor 308/2023 Tentang Izin Penyelenggaraan Reklame (Studi Kasus Kabupaten Karawang)
Full text linkBillboards are promotional media designed to introduce or market goods, services, or individuals to the wider public. In Karawang Regency, the number of billboard installations increases annually in line with regional development, yet this growth is not accompanied by adequate supervision and law enforcement. Irregularities in billboard placement potentially disrupt urban aesthetics and violate existing regulations. The Karawang Regency Government regulates this matter through Regent Regulation Number 308 of 2023 as an implementation of Regional Regulation Number 3 of 2019 on Billboard Licensing. This study aims to identify the causes of weak law enforcement and the obstacles faced in billboard supervision. The research applies a socio-legal approach by examining the normative provisions in Regent Regulation Number 308 of 2023 and analyzing their implementation in practice. The findings indicate a lack of inter-agency coordination and limited socialization to the public and business actors. Therefore, strengthening inter-agency synergy, budget allocation, and legal education for the community is required to achieve orderly and compliant billboard management
Penerapan Praperadilan terhadap Problematika Penetapan Tersangka yang Tidak Memenuhi Dua Alat Bukti
Full text linkThis research aims to examine the application of pre-trial to the problem of determining suspects who do not meet the requirements of at least two valid evidences in accordance with the provisions of Article 183 and Article 184 of the Criminal Code. This problem often occurs in criminal law practice in Indonesia, where the suspect is determined without going through valid procedures and without sufficient evidence, thus potentially violating the principles of human rights and substantive justice. This research uses normative juridical methods with legislative, conceptual, and case approaches, which focuses on the analysis of written legal norms and their application in practice through the study of laws and regulations, legal theories, and court decisions. The scope of the research includes the study of the evidence system in criminal procedure law as well as the protection of the rights of suspects, with the research object in the form of positive legal provisions, the theory of the validity of evidence, and the application of progressive law in judge's decisions. The types of legal materials used include primary legal materials (laws and decisions), secondary (legal literature and scientific journals), and tertiary (legal dictionaries and encyclopedias). Data collection is carried out through literature and documentation studies, while the analysis technique of legal materials is carried out descriptively-analytically by interpreting legal norms and examining their application systematically and critically. Research results show that pre-trial has an important function as a judicial control mechanism for investigators' actions that are beyond their authority. The Constitutional Court's decision number 21/PUU-XII/2014 has expanded the pre-trial object including the validity of determining the suspect. Through case studies such as the Pegi Setiawan case, it is proven that pre-trial is effective in ensuring the protection of individual rights and preventing abuse of authority by law enforcement officers. Therefore, the determination of suspects must be carried out carefully and based on valid legal procedures so as not to harm justice and public trust in the legal system
Ruang Lingkup Penataan Ruang dalam Pembangunan Pemukiman Berkelanjutan di Wilayah Ibu Kota Negara Nusantara
Full text linkSustainable development in the Capital City of Indonesia which was previously in DKI Jakarta which is now moved to the Capital City of the Archipelago located in the East Kalimantan Region. The goal of sustainable development is closely related to the mission of equitable development in Indonesia. Referring to the provisions of Law Number 3 of 2022 concerning the Capital City, this sustainable development is planned using environmentally friendly materials so that it will not damage the surrounding environment considering that the potential for natural resources in the IKN area is quite large and has the potential to be developed. This study focuses on sustainable development, especially regarding settlements, immigrant communities and the surrounding area as a direct impact of development in the IKN have the right to get a decent place to live, be protected, and not reduce the value of the potential natural resources in it
Urgensi Pembubuhan Materai pada Salinan Akta Pejabat Pembuat Akta Tanah Sebagai Alat Bukti di Pengadilan Berdasarkan Undang-Undang Nomor 10 Tahun 2020
Full text linkThe aim of this research is to identify and analyze the regulations for the use of stamps on copies of Land Deed Officials (PPAT) deeds as well as the validity of copies of PPAT deeds that use stamps as evidence in court. The research method used in this research uses a statutory approach so that the design of this research activity is for 6 months with the scope or object of this research, namely the urgency of recording stamp duty on Selena deeds of land deed officials as evidence in court. Where is the place of research, namely in the library with data collection techniques in the form of document study and analysis techniques, namely qualitative analysis. The results of this research are that regulations on the use of stamps on copies of PPAT deeds came into effect after the Stamp Duty Law was promulgated. Stamps function as formal requirements and evidence in court, not as an agreement. The absence of a stamp does not invalidate the legal action, but shows that the requirements as evidence have not been fulfilled and a copy of the PPAT Deed that uses a stamp is considered an authentic deed according to national land law, in accordance with Article 32 of Government Regulation Number 24 of 1997. However, even without a stamp, the legal action remains valid based on Article 1320 of the Civil Code. The seal functions as written evidence, and its absence does not result in the invalidity of the legal act, it only makes the agreement letter not fulfill certain requirements
Dugaan Pelanggaran Perilaku Anti Persaingan Perjanjian Tertutup Dari Industri Dalam Negeri (IDN) Pemohon Safeguards Measures
Full text linkIn this study, the author analyzes the alleged violations committed by the Domestic Industry (IDN) Applicant for Safeguards Measures in the KPPI report document, namely the closed tying in agreement. The problem formulation in this research is how the case study of the IDN's application for Safeguards Measures at KPPI is tested with the analysis of Law No. 5 of 1999, and what preventive measures are taken by IDN. The purpose of this research is to analyze the alleged violation of tying in agreement committed by IDN, the applicant for the Safeguards Measure. The approaches used in this research include conceptual, case, legislative, and empirical legal approaches. The result of this research indicates that the IDN applicant for Safeguards Measures is suspected of violating Article 15, paragraph 2 of Law Number 5 of 1999 by using the Per se illegal and rule of reason approaches. With the evidence from the study conducted by the KPPU together with the relevant parties of the Safeguards Measures applicants. The alleged violations committed by IDN resulted in anti-competitive behavior and hindered business competition. The Safeguards Measures policy can be obtained by IDN that does not violate the laws and regulations. Law enforcement serves as a preventive measure against violations of regulations in this study, with the compliance program initiated by the KPPU as an effort to prevent violations of Law Number 5 of 1999
Urgensi Pencabutan Hak Asuh Anak dalam Kasus Kekerasan terhadap Anak di Indonesia
Full text linkChild Custody can be given to a parent in accordance with the best interest of the child. In reality, many parents who hold child custody do not do their responsibility in caring for and protecting their child well. This reality leads to many child abuse cases and even the death of the child. This research aims to examine should the child custody is revoked in some cases discussed in this research and how the parent who does not hold child custody can supervise child custody. This research was conducted using doctrinal research method which used the secondary data as a primary data to answer the problem. The answer of the problem is that the revocation of child custody is needed if the parent who holds child custody do not fulfill responsibility to her or his child as regulated in Article 49 of The Marriage Law. The parent who does not hold child custody can supervise child custody with visitation right. Unfortunately, there is no explicit regulation regarding this right
Perlindungan Hukum terhadap Perempuan dan Anak Korban Kekerasan dalam Rumah Tangga (Studi Kasus pada Lembaga Konsultasi Kesejahteraan Keluarga Kota Cimahi)
Full text linkLegal protection for victims of domestic violence is very important to do considering the physical and psychological suffering experienced by victims as a result of the actions of the perpetrator. According to Article 1 paragraph (1) of Law Number 23 Year 2004 on the Elimination of Domestic Violence, what is meant by domestic violence is ‘any act against a person, especially women, which results in physical, sexual, psychological, and or domestic neglect, including threats to commit acts, coercion, or unlawful deprivation of independence within the scope of the household’. Sociologically, domestic violence is often influenced by patriarchal structures that are still dominant in many societies. In addition, social and cultural norms that consider domestic violence as a private matter are also an obstacle in handling this case. This research uses empirical juridical method, which is a research method that seeks to see the law in real terms or examines how the law works in society. LK3 as an Integrated Social Service Unit provides an alternative for the community in overcoming family psychosocial problems, restoring family psychosocial conditions, and strengthening family resilience. Based on the results of the research that legal protection is one of the functions of LK3 Cimahi City towards women victims of domestic violence, it is considered to be quite optimal. This can be seen from how protection is provided through a series of roles, be it active, participatory or passive roles
Kewenangan Pemerintah Kabupaten dalam Pengelolaan Hutan Mangrove
Full text linkThe government's authority in the field of forest conservation as stated in Article 27 paragraph (3) above is further emphasized in Law Number 14 of 1999 concerning Forestry, namely in Article 4. Meanwhile, the authority of the regional government regarding forest management is regulated in Law Number 41 of 1999 concerning Forestry in Articles 59 to 65. From Article 59 to Article 65 of Law Number 41 of 1999 concerning Forestry, the regional government also has authority in managing mangrove forests. The objectives of this study are 1) to determine and analyze the authority of the Regency government in managing Mangrove forests 2) to determine and analyze the Regency Government's Policy on mangrove forest management. This study uses normative legal research using the approach, legislation, conceptual approach), historical approach with an 8-month activity plan and the scope or object in this study regarding the authority of the district government in managing mangrove forests based on legal provisions related to legal issues, Collection of primary legal materials, secondary legal materials, and tertiary legal materials using a card system and supported by a computerization system via the internet. There are 3 data collection techniques, namely 1) inventory technique, 2) systematization technique, and 3) interpretation technique. Results: Mangrove damage caused by land conversion, from mangrove forests to settlements and trade, as well as illegal logging and uncontrolled utilization of resources by the surrounding community. The lack of maximum supervision of mangrove forests so that the local government takes a local government policy or the authority to control conversion in a top-down manner (firm policy) through socialization and providing incentives and disincentives for violators. As well as the policy of managing mangroves as coastal protectors so that the number of mangroves is maintained or even increased
Tanggung Jawab Notaris terhadap Akta Autentik yang Isi Aktanya Tidak Sesuai dengan Fakta
Full text linkThe purpose of this research is to analyze the responsibilities that must be borne by a notary if there is a notarial deed or also known as an authentic deed whose contents do not match the original facts or reality. The authority of a Notary in creating authentic deeds is commensurate with their responsibility, as this responsibility continues to attach to the notary even after retirement, as stipulated in Law Number 2 of 2014. There are times when the notary makes a mistake in creating an authentic deed, whether intentional or unintentional, so when this happens later and causes losses to the parties involved, is the notary obliged to be held accountable for it? So, it needs to be discussed to what extent the responsibilities of the Notary are limited. The research method used is normative juridical. Research results show that if a Notary makes a mistake in an authentic deed they created, causing harm to others, as long as the aggrieved party can prove that the mistake was due to the Notary's negligence or intent, the Notary can be held accountable from the perspectives of general law, civil law, administrative law, and criminal law. When a Notary is proven to have intentionally or knowingly created or collaborated and signed a false deed, the notary can be charged with complicity in the forgery of a deed.