DiH: Jurnal Ilmu Hukum
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Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine
Full text linkA fiduciary guarantee is a type of special guarantee based on article 1132 which is included in material guarantees interpreted as absolute rights. In Indonesia, there are cases of default committed by debtors against debtors on fiduciary guarantees. Among the incidents that took place in Indonesia is the case in Decision Number 27/Pdt.G.S/2022/PN SGN. In this case, default occurred because the debtor did not fulfill his obligation to pay installments 3 times and did not hand over the fiduciary guarantee object after defaulting in paying off his debt. The urgency of this research is related to the responsibility of the defaulting debtor and the handover of the fiduciary guarantee object based on the legal principle of guarantees, namely the principle of inbezitstelling. To analyze this case, a qualitative method and a normative juridical approach were used by applying the Case Approach, the Legislation Approach, and the Conceptual Approach. This is because this research is based on doctrine, library sources and analyzes real cases that are related to the law. The creditor's rights are not fulfilled by the debtor based on the principal agreement between the two parties, so that the debtor must fulfill the principal agreement in the form of handing over the fiduciary guarantee object
Regulation of People's Economy in Regions Based on Pancasila and Reflexive Law Theory
Full text linkPancasila serves as a fundamental normative framework encompassing politics, economics, and culture. Reflexive law functions as a coordination system for actions within semi-autonomous social sub-systems during transitional periods. This study aims to analyze the regulation of the populist economy within the context of Pancasila and reflexive legal theory. The research methodology is normative, employing a conceptual approach. The primary finding indicates that Pancasila must be embraced as a way of life, deeply embedded in the national consciousness, spirit, and ethos, and reflected in thoughts, attitudes, and actions related to the populist economy. Furthermore, the dissemination of Pancasila's understanding is essential, particularly in regions of Indonesia that have not yet established regulations on modern retail restrictions. It is imperative for government officials, especially those at the regional level such as members of the Regional House of Representatives, Regional Heads, and strategic policymakers, to thoroughly comprehend Pancasila grounded in a populist economy when formulating policies based on Pancasila. Additionally, the government can enhance its preparedness by aligning with Gunther Teubner's perspectives on harmonizing modern law with public interests. Teubner argues that to improve public welfare and address the crisis of formal rationality, the law needs to be rematerialized. This rematerialization of law depends on the application of reflexive law as a coordination mechanism within and among semi-autonomous social subsystems. In the Indonesian context, this approach aligns with the values of Pancasila and the concept of Economic Democracy
Justice-Based Enhancements to the Civil Servant Rumenaration System in the Ministry of Religious Affairs
Full text linkThe Ministry of Religion is currently undertaking a bureaucratic reform program aimed at enhancing organizational structure, management systems, human resources, and salary or remuneration frameworks. The 2008 Ministry of Finance Work Plan profile outlines a Bureaucratic Reform program, which includes the enhancement of the remuneration system. This study seeks to evaluate and analyze the implementation of remuneration improvement policies at the Ministry of Religion, grounded in juridical aspects and principles of justice. The research adopts a normative legal approach, utilizing legislative, conceptual, and case study methodologies. Legal materials are sourced from primary, secondary, and tertiary sources. Data collection is conducted through a comprehensive literature review and analyzed qualitatively. Findings reveal that remuneration is a fundamental aspect of human resource management, concerning the financial compensation employees receive for their organizational duties. To meet the diverse expectations and needs of stakeholders, the remuneration system must uphold the principles of justice. Fairness in the remuneration system within government agencies is mandated by Law Number 43 of 1999. By incorporating performance allowances into the remuneration structure, the system is expected to be more equitable, thereby mitigating welfare disparities both among civil servants and between civil servants and private sector employees
Optimisation of Trademark Registration Policy for MSMEs in Indonesia
No full textThe growing economy is accompanied by increased business competition among business actors, including Micro, Small, and Medium Enterprises (MSMEs). Trademark infringement is a risk inherent in such business competition. Therefore, it is crucial to mitigate disputes and trademark infringement by other business actors through trademark registration. However, the number of MSMEs registering trademarks remains very low, accounting for only 0.06% of the total. The results of this study highlight the urgency of a legal approach to MSME trademark registration. This urgency is underscored by the history of trademark regulation in Indonesia and international influences, the need for MSMEs to register trademarks to obtain protection, encourage innovation and creativity, and enhance their value and financing. Despite these benefits, the number of MSMEs that register their trademarks remains low due to a lack of awareness about the benefits of trademark registration and unfamil Therefore, it is necessary to improve trademark registration policies. This can be achieved by the Regency/City Government allocating a proportional and planned budget for socialization and assistance activities for MSMEs registering trademarks in their area. Additionally, the Government can encourage the private sector and financial institutions to contribute to the financing of MSME trademark registrations. Such measures are expected to increase the rate of trademark registration among MSMEs with government policies aimed at promoting such registration
Implementing Forensic Psychology to Assess Criminal Responsibility in Juvenile Offenders
Full text linkAlmost every juvenile offender is diagnosed with one or more categories of mental disorders. Currently, the role of psychology at the police level in handling juvenile offenders serves as a supplementary element when deemed necessary, as stipulated in Article 27 of Law No. 11/2012. This forensic psychology process provides the legal system with clinical data and analyses of the defendant's mental function, mental status, and capacity at the time of the alleged crime. By producing assessments, forensic psychologists offer law enforcement agencies a basis for making informed decisions regarding criminal responsibility and appropriate measures for juvenile offenders. This article focuses on the influence of psychology on criminal responsibility and the role of forensic psychology in determining criminal responsibility during the investigation of juvenile offenders. The research method employed is normative-legal research. The findings indicate that the element of fault is synonymous with the element of criminal responsibility, with fault being fundamentally psychological. The central role of clinical psychologists in evaluating criminal responsibility for juvenile offenders involves obtaining and providing the legal system with clinical data and analyses of the defendant's mental function, mental status, and capacity at the time of the alleged crime. This includes determining whether the defendant was suffering from mental disorders, mental illness, mental disabilities, or mental retardation at the time of the alleged crime. The emphasis is on documenting criminal histories related to the emotional or mental condition of juvenile offenders
Legality of Electronic Contracts in the Context of Good Faith Principle Application in E-Commerce Transactions within the Modern Economy: A Review Based on Wilstheorie
Full text linkSeeing the many facilities provided by E-commerce, especially related to electronic contracts, legal problems arise from the side of civil law related to the validity of the agreement and the legal relationship of the parties. This research aims to determine the validity of electronic contracts from the perspective of the application of the principle of good faith in e-commerce transactions in the context of modern economics according to Wilstheorie. Electronic contracts are the result of advances in technology and information, where buying and selling transactions are carried out online through electronic media. The provisions regarding the legal requirements and legal force of electronic contracts in the laws governing electronic transactions are still uncertain. Electronic contracts are often made in a standardized contract format, where the clauses made do not pay attention to the application of the principle of good faith and applicable laws and regulations. Wilstheorie emphasizes the importance of moral and intellectual agreements with integrity and honesty and has an important role in shaping social structures that are not only fair but also sustainable. The research method used in this scientific work is normative juridical research method. The results of this study state that Wilstheorie about standard contracts is an agreement or contract based on a shared understanding of the values and principles that underlie common life in society with integrity and honesty. This concept emphasizes the importance of moral and intellectual agreements in shaping a fair and sustainable social order
A Law Enforcement Of Motor Vehicle Theft In The Jurisdiction Of Papua POLDA
No full textMotor vehicle theft crimes in Papua will increase in 2021 and 2022, although in 2023 there will be a decline, these figures each show high numbers, this also contributes to the high number of crime cases in Papua and makes Papua the number one crime-prone country in Indonesia. This research focuses on iden-tifying law enforcement efforts in terms of Article 362 KUHP and identifying the factors that cause these crimes, analyzed from three criminal theories as well as Neo Classical criminal theory, environmental crime theory and sub-structural delinquency theory. Researchers used Normative Juridical research methods which were carried out by analyzing Article 362 KUHP regarding acts of theft. Meanwhile, the empirical approach was carried out by inter-viewing sources. As a result, action against criminals through the provisions of Article 362 KUHP has not been optimal because this criminal act of theft is generally recidivist and knows other perpetrators, so Article 362 KUHP does not provide a deterrent effect. Therefore, referring to article 5 of Law No.1/1946 concerning the KUHP, the punishment in article 362 KUHP can be replaced with the provisions of Article 477 paragraph (1) and paragraph (2) of Law No.1/2023 that the perpetrator of theft is threatened with a maximum prison sentence of 7 years, which if committed using a fake key as in article letter (f) and in groups as in letter (g) can be subject to a penalty of 9 years in prison. The factors causing the crime of motor vehicle theft are in accordance with neo-classical theory, environmental theory and substructural delinquency theory, where the factors causing the crime are weak law enforcement, techno-logical developments such as cellphones, family and social environmental factors and the geographical conditions of the perpetrator
Protection of Human Rights in Pancasila Democracy
Full text linkPancasila serves as the foundation of the Indonesian state and the principal ideology guiding the formulation and implementation of government policies. This research aims to provide evaluative and informative material on Pancasila from a human rights perspective. The study falls within the juridical-normative category, involving the examination of theories, concepts, legal principles, and regulations pertinent to the research subject. Specifically, this research seeks to evaluate and elucidate the human rights dimensions embedded within Pancasila values. Pancasila underscores the protection of individual rights as articulated in the 1945 Constitution, which guarantees fundamental rights such as the right to life, the right to freedom of religion, and the right to education. This study examines the protection of human rights within the context of Pancasila democracy in Indonesia. Utilizing a literature review and an empirical data approach, the article delves into the philosophical and legal underpinnings of Pancasila democracy and its implications for human rights protection in Indonesia. As the state ideology, Pancasila democracy emphasizes the importance of participation, justice, and welfare for all citizens, including the safeguarding of human rights. In Pancasila democracy, the protection of human rights is a paramount responsibility of the Indonesian state. By strengthening law enforcement, ensuring the fair application of laws, and fostering active societal participation, Indonesia can guarantee and respect the rights of every citizen in alignment with the democratic principles of Pancasila
Rethinking Regulations: Unlocking the Potential of Small-Scale Public-Private Partnerships in Infrastructure Development
Full text linkImplementation of infrastructure development often faces bureaucratic and funding challenges. To address these issues, the National Development Planning Agency (Bappenas) launched the Small-Scale Public-Private Partnership (PPP) scheme, as regulated by the Minister of National Development Planning/Bappenas Head Regulation No. 7 of 2023. This scheme aims to facilitate and accelerate infrastructure development in regions with limited budgets, such as the street lighting project in Madiun, which uses the Availability Payment scheme. This study employs a normative juridical method with a conceptual and legislative approach to analyze the renewal of regulations governing Small-Scale PPPs. The main focus is on the legal clarity and implementation of this scheme, which still requires refinement. Although the Small-Scale PPP has a legal basis, existing regulations need to be updated to address the various practical and bureaucratic obstacles. The study recommends strengthening the role of the central government in supporting the implementation of Small-Scale PPPs and revising Article 85 of the Minister of National Development Planning/Bappenas Head Regulation No. 7 of 2023 to ensure the effectiveness and efficiency of this scheme's implementation
Causality Study of Drunk Driver Traffic Violations on Road Safety
Full text linkThe purpose of this study is to explore: (1) the causality and impact of traffic violations by drivers under the influence of alcohol in the Wonogiri District Police area; and (2) the implementation of law enforcement against such traffic violations in the same area. The primary focus of this study is to delve deeper into the causality of traffic violations caused by impaired driving due to alcohol, as well as to evaluate the effectiveness of law enforcement measures applied by the police in addressing these violations. The research method used to support this research is juridical empirical, focusing on traffic violations committed by drunk drivers in the Wonogiri District Police jurisdiction, employing a scientific approach and case study method. The results of this study indicate that alcohol consumption impairs driving concentration and increases the risk of accidents due to impaired visual perception, motor skills, heightened adrenaline, and poor road conditions. In 2024, three accidents were reported to be caused by drunk drivers, highlighting the urgent need for stricter enforcement and increased awareness campaigns. While the Wonogiri District Police enforce traffic regulations, challenges like low public awareness, technical constraints, and corruption persist. Policy recommendations include tightening regulations, improving education programs, and implementing more effective measures