Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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THE URGENCY OF THE PROHIBITION OF POLITICAL PARTY CADRE MEMBERS FROM PARTICIPATING IN THE RECRUITMENT OF CONSTITUTIONAL JUDGES
Full text linkThe position of constitutional judge is one of the positions whose conditions are regulated in the 1945 Constitution. The public has questioned the election of Arsul Sani as a PPP cadre Judge from the DPR RI element because he has not resigned as a PPP cadre and member of the DPR after being approved as a Constitutional Court Judge in the DPR RI plenary session. This research aims to assess justification for phenomena that occur through legal construction. What is the urgency of limiting political party cadres for electing constitutional judges, and what is the concept of limiting political party cadres to become Constitutional Judges? This research uses normative research methods with conceptual, statutory and case approaches. The results of the research are that first, the urgency for political party cadres to be prohibited from participating in the selection of prospective Constitutional Court judges, the decisions will benefit their cronies. The second concept of limiting political party cadres to become constitutional judges does not yet have regulations. However, the prohibition on holding concurrent positions for Constitutional Judges is regulated in Article 17 of Law No. 23 of 2003 concerning the Constitutional Court. According to legal procedures and ethics, candidates for Constitutional Justice who will be nominated are not permitted to hold concurrent positions. The correct implementation of the selection and appointment of constitutional judges is that the proposed candidate should resign first from their position
CRIMINOLOGICAL STUDY OF THE CRIME OF ILLEGAL SOLAR SMUGGLING FOR FISHERMEN IN RIAU ISLANDS PROVINCE
Full text linkThe problem of illegal distribution of diesel fuel in the Riau Islands Province is something that is no longer commonplace, this is caused by several factors which will be explained by researchers from a criminological perspective. The aim of this research is to provide study material for academics, legal observers and students regarding the distribution of illegal diesel from a criminological perspective. This research uses a normative research method with a deductive approach, examining legal norms, principles and principles, as well as related statutory provisions. This research focuses on the phenomenon of illegal diesel smuggling in the Riau Islands Province, especially by fishermen. In his analysis, the author uses criminological factors that are behind this action, such as economic factors, social environment, possible places, and habits of imitating crime. The research results show that illegal diesel smuggling in the Riau Islands Province occurs due to economic disparities and psychological factors of the perpetrators. Law enforcement of this action requires the role of various factors, including law, law enforcement, supporting facilities, community participation, and culture
TRANSITION OF ONLINE SINGLE SUBMISSION (OSS 1.1 TO RISK-BASED APPROACH) TO INCREASE INVESTMENT IN WEST SUMATERA
Full text linkThe implementation of an online single submission risk-based approach (OSS RBA) is a manifestation of a government program to increase investment in a region. Business risk classification is an instrument of the Central Government and Local Government in controlling business activity. This study aims to find out the readiness of the local government to implement an online single submission risk-based approach. The method of the study is empirical legal research. The result of this study shows that Padang city has issued Mayor Regulation No 43 /2021 on Guidelines and Procedures of an online single submission risk-based approach Supervision as a follow-up to Government Regulation No. 5/2021 on implementation of online single submission risk-based approach, meanwhile several other regions are in process of drafting local regulations relate to implementing online single submission risk-based approach in West Sumatera Province. The challenges of local government to implement OSS RBA consist of unclear license periods in the certain business field (Appendix I Government Regulation No 5/2021), the regional support system has not integrated OSS RBA, and the existence of spatial plan (RDTR digital) information in some region in West Sumatera.The implementation of an online single submission risk-based approach (OSS RBA) is a manifestation of a government program to increase investment in a region. Business risk classification is an instrument of the Central Government and Local Government in controlling business activity. This study aims to find out the readiness of the local government to implement an online single submission risk-based approach. The method of the study is empirical legal research. The result of this study shows that Padang City has issued Mayor Regulation No 43 /2021 on Guidelines and Procedures of an online single submission risk-based approach Supervision as a follow-up to Government Regulation No. 5/2021 on implementation of online single submission risk-based approach; meanwhile, several other regions are in the process of drafting local regulations relate to implementing online single submission risk-based approach in West Sumatera Province. The challenges of local government to implement OSS RBA consists of indefinite license periods in the particular business field (Appendix I Government Regulation No 5/2021), the regional support system has not integrated OSS RBA and the readiness for the transition from manual RDTR to digital RDTR in West Sumatera
REVIEW OF ISLAMIC CRIMINAL LAW AGAINST CRIMINAL ACTION OF ABUSE OF SHARP WEAPONS
No full textCarrying a sharp weapon is a criminal act which can cause harm to other people, both on property and even killing other people. In addition to the consequences, carrying a sharp weapon can also cause harm to the criminal himself. The sharp weapon misuse is actually not a new thing. It is a form of crime as stipulated in Article 2 Paragraph 1 of the Emergency Decree Number 12 year 1951. The objectives of this study were to find out how was the basis for judges' considerations in imposing criminal sanctions and the review of Islamic criminal law in adjudication of District Court of Palembang Number 821/Pid.Sus/2020/PN.Plg. The method used was the Normative legal research method, which was obtained from literature review (Library Research). The results of the study showed that before imposing a criminal decree, the judge first payed attention and considered the basic principles of justice, legal certainty, utility in imposing a sentence based on the crime committed by the defendant.AbstractCrime as an act committed by an individual and not in line with existing law. Sharp weapons that are misused by civil society have in fact been determined by law in Indonesia. If referring to Article 2 paragraph (1) of the Emergency Law of the Republic of Indonesia Number 12 of 1951, it is stated that people who possess, possess, control sharp weapons which are illegal in nature will receive threats in accordance with the appropriate punishment. Through this presentation, the title raised by the author is a review of Islamic criminal law against the crime of misuse of sharp weapons by analyzing the decisions of judges that have relevance to such issues, namely Decision Number 821/Pid.Sus/2020/PN. Plg, with the formulation of the problem, how is the basis for judges' considerations and a review of Islamic criminal law against the perpetrators of the crime of misuse of sharp weapons, to answer this problem the author uses normative research methods, the results of the research state the conclusion where the decision is Number 821/Pid.Sus/2020/PN.Plg the judge using Article 2 paragraph (1) of Law Number 12 of 1951 Concerning Sharp Weapons and Review of Islamic Criminal Law is imposed with a penalty of Ta'zir. The purpose of imposing sanctions is intended to provide a deterrent effect on perpetrators
LEGAL PROTECTION OF ILLEGAL ONLINE LOAN USERS (RESEARCH BY THE YOGYAKARTA REGIONAL FINANCIAL SERVICES AUTHORITY)
Full text linkAdvances in digital technology bring many benefits and changes, including in financial services (Fintech), which use a variety of methods to make it easier for people to transact, such as m-banking, e-commerce, online loans (P2PL), and others. Technological advances are here to make it easier for people to use services, but they can also lead to illegal investments that haven't been regulated by laws and regulations. This could mean that consumers in the financial services sector might not get the best legal protection for these illegal activities. The purpose of this study is to find out how to protect users of illegal P2PL loans in the jurisdiction of Yogyakarta. The method used in this study uses empirical juridical methods. The data sources of this research are primary data in the form of interviews; secondary data from laws and regulations; books; websites; and supported by tertiary data from Indonesian language dictionaries; English dictionaries; and legal dictionaries. The results of the research on the legal protection of illegal P2PL users conducted by OJK DIY together with SWI aim to provide preventive, repressive, and curative legal protection. First, preventive legal protection includes preventive measures, channel effectiveness, education, and performance evaluation. Second, they can be punitive, like giving out punishments based on the law. Third, they can be healing, like taking countermeasures, giving out permits, and giving advice
LEGAL CONSEQUENCES OF CHILDREN OUTSIDE OF MARRIAGE AFTER CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010
Full text linkCivil Code, Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law (KHI)is a legal rule that regulates the regulation of children outside of marriage and KHI is specifically for people who are Muslim. Therefore, the Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the position of children out of wedlock is stipulated as a solution so that there is no legal dualism in society. The Constitutional Court's decision was determined when Aisyah Moechtar submitted a judicial review to the Constitution Court about constitutionality of Article 2 paragraph (2) and Article 43 paragraph (1) of Law no. 1 of 1974 concerning Marriage. This happens because of the legal meaning of the phrase "born out of wedlock," so that there are multiple interpretations of the position and legal this consequences. Research method is normative juridical research using statutory approach to then conducted in-depth analysis. With the issuance of the decision of the Constitutional Court, children out of wedlock have a civil relationship with their mother, their father and father's family if it can be proven by science and technology. It should be understood that the illegitimate child referred to in the decision is an illegitimate child resulting from a religiously legal marriage (siri marriage) but is not recorded in state documents and does not apply to illegitimate children resulting from adultery so that the clear legal consequences
LEGAL ASSISTANCE FOR THE POOR TO REACH JUSTICE
Full text linkLegal aid to the poor has a fairly important position in every criminal, civil and administrative justice system, including Indonesia. The concept of legal aid to the poor is related to a person's rights to exercise these rights, therefore legal aid is carried out by legal experts and experienced people in order to carry out their profession. The purpose of this study is to explain legal aid for the poor to achieve justice. This research uses normative legal research which is described descriptively. The results of the study explain that legal protection is an action or effort to protect the community from arbitrary actions by authorities that are not in accordance with the rule of law, to create order and peace, thus enabling humans to enjoy their dignity as human beings. There are ten rules related to legal aid to the poor, both at the constitutional level to the law, Internal Regulations that apply to the Supreme Court and Internal Regulations that apply to the Ministry of Law and Human Rights, as a pattern and legal standing for the provision of legal aid for the poor. poor people in Indonesia. The provision of legal aid to the poor is a form of justice for the poor. The concept of legal aid to the poor is related to a person's rights to exercise their rights under the same law
THE EXISTENCE OF REGIONAL REPRESENTATIVE COUNCIL IN THE POSITION OF THE LEADERS OF THE PEOPLE'S CONSULTATIVE ASSEMBLY
Full text linkThrough the fourth amendment to the 1945 Constitution of the Republic of Indonesia, the Regional Representative Council was formed as a representation of groups and regions which also added new rooms in parliament. The existence of the DPD is often considered weak because of its limited authority both in carrying out functions and getting attention in filling the MPR leadership positions which are dominated by the DPR in the 2019 MD3 Law. The purpose of this study is to determine, examine and analyze the existence of the Regional Representatives Council in occupying the leadership position of the People's Consultative Assembly and examine the compositional division that should be between the DPR and DPD in occupying the leadership position of the People's Consultative Assembly. This research method uses normative law with a statutory and conceptual approach. This research concludes that the composition of leadership position between DPR and DPD to fill the MPR is not balanced. Because if you stick to the 2019 MD3 Law, it will cause injustice to the DPD which is a high state institution at the level of the DPR. In addition, there is also legal uncertainty regarding the number of MPR leaders who come from representatives of the DPR as a consequence of implementing the parliamentary threshold. Therefore, we need an ideal arrangement that does not come out of the constitution but provides legal certainty and justice
POLICY OF ESTABLISHING THE DATE OF THE PAYMENT OF RURAL AND URBAN LAND AND BUILDING TAXES IN INDRAGIRI HILIR DISTRICT
Full text linkPayment of Land and Building Tax in the Rural and Urban Sector (PBB-P2) that exceeds the maturity limit will be subject to administrative sanctions in the form of interest of 2% per month calculated from a maximum period of 24 months from the time the tax becomes due. This could potentially lead to impartiality towards PBB P2 taxpayers who are late in paying taxes. This research is a type of normative legal research, which focuses on positive legal norms. This normative legal research method examines the law from an internal perspective with the object of research being legal norms. The purpose of the study was to analyze the setting of the due date for PBB-P2 payments and to analyze the legal concept of determining the due date for PBB-P2 payments. The results of the study explain that PBB-P2 through regional and central regulations does not provide administrative certainty in the payment and deposit of PBB-P2 and does not adjust the meaning of the tax year and can result in the obligation to pay PBB-P2 through the tax year. This will result in a lack of effectiveness in collecting PBB-P2 in the context of increasing local revenue. And it is necessary to harmonize existing regulations with the improvement of existing provisions and administration. This is important considering that local tax regulations and the tax itself are very important and of course adapted to the psychological, sociological and economic development of the community. Efforts to socialize the tax regulations made and the important thing is to urge taxpayers to fulfill their tax obligations clearly, correctly, on time and in the right amount
THE URGENCE OF AMENDMENT TO ACT NUMBER 1 OF 2009 RELATED UNMANNED AERIAL SYSTEMS
Full text linkDiscovery Unmanned Aerial Systems/UAS is used in various fields such as reconnaissance tools, topological mapping, and recreational purposes. This must be balanced with legal arrangements because there are many misuses of UAS operations. Act No. 1 of 2019 concerning Aviation, which is the legal umbrella for aviation in Indonesia, does not mention the term UAS. This writing aims to explain the urgency of changing Act No. 1 of 2009 regarding UAS arrangements based on 3 basis for the formation of legislation. This writing uses a comparative approach. The urgency of the changes to the Aviation Law are 1) to maintain the security of Indonesia in accordance with the mandate of the 1945 Constitution (philosophical basis), 2) the increasing use and development of UAS technology and the need for regulations covering the types of land, water, seabed and ground-based drones that do not just flying in the air (sociological basis), 3) the potential for new types of law violations (juridical basis). 2) Aviation Act doesn’t give direct mandate to technical regulations that have legal force to regulate UAS