176 research outputs found
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Law on Asset Recovery for Corruption in Indonesia: An Urgent Need: Undang-Undang tentang Pemulihan Aset Tindak Pidana Korupsi di Indonesia: Suatu Kebutuhan Mendesak
No full textCorruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption. 
Criminalizing Corporations In Environmental Crimes : Memidanakan Korporasi Dalam Kejahatan Lingkungan Hidup
No full textThe research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law
The Regulatory Concept of Cyber Notary in Indonesia: Konsep Pengaturan Cyber Notary di Indonesia
No full textNotary has the authority to certify the electronic transaction (cyber notary) according to the Elucidation of Article 15 paragraph (3) of Law Number 2 of 2014 (Law 2/2014). Thus, the authority has been the milestone for the concept of cyber notary in Indonesia. Although the enactment of Law 2/2014 presented a new concept in Notary in Indonesia, but it does not give a wide chance to the application of cyber notary itself. One of the roots that causes the obstacles are the absence of definite law in regulating cyber notary. Law 2/2014 mentioned cyber notary but did not give a normative definition on it. Therefore, the concept of cyber notary is limited to conduct the certification of electronic transaction. Several challenges on performing the authorities and obligations of notary could be found in the context of the implementation of cyber notary, as follows: 1) Notary is bounded to the form and procedure in drawing up authentic deeds set by Article 38 Law 2/2014; 2 ) The appearers shall be known to Notary or introduced to him/her; 3 ) Reading and signing of deeds have to done in specific procedure; and 4) Drawing up deeds in the form of Minutes of Deed and keep the same as a part of Notarial Protocols. This article was classified as legal normative research and meant to analyze the concept of regulation on cyber notary in Indonesia by using statute and conceptual approach
The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law: Strategi Pluralisme Hukum Peradilan Adat Sendi dalam Era Modernisasi Hukum
No full textThe Sendi customary community is a community that has procedures for implementing customary law through the customary justice system. Not only that, the Sendi customary community also has a distinctive legal code and customary apparatus; so that its existence needs to be maintained in the face of the era of legal modernization. This research is an empirical legal research; by using secondary data types obtained from various searches for journal articles, books, and information through online news online; relating to the substance of the research. The purpose of this research is to describe the structure of Sendi's customary court in maintaining the existence of customary law; as well as describing the strategy of legal pluralism in Sendi's customary court to face modernization of law era. This empirical legal research focuses on the structure of Sendi's customary court with an approach of legal pluralism. The results of the study confirm that a legal pluralism strategy is needed to maintain the existence of the Sendi traditional court in the era of legal modernization; and integration efforts are needed between the law and the customary apparatus of Sendi with the law and the national or state apparatus
The Problems of Compensation Employement Termination Due to Covid-19: Problematika Kompensasi Pemutusan Hubungan Kerja Akibat Covid -19
No full textThis study aims to answer employers dilemma during the Covid-19 pandemic to carry out labor efficiency by termination of work. The Cipta Kerja regulation number 11 of 2020 which is complemented by Government Regulation number 35 of 2021, as a normative basis for providing compensation for layoffs is considered a sufficiently mitigating solution when compared to previous labor legislation. However, what about the company's financial condition is not sufficient to provide compensation in accordance with the normative provisions of the legislation. To overcome this problem, an agreement is made between the employer and the workforce so that they can get a solution together. The agreement must also be registered with the Industrial Relations Court to protect the parties having an interest in it. Therefore, in writing this article, the Juridical Normative writing method is used, which analyzes cases based on applicable laws and regulations, analyzes legal concepts and qualitative descriptive methods
The Indonesian Government's Liability Against Forest Fires That Caused Losses to Malaysia : Tanggung Gugat Pemerintah Indonesia Terhadap Kebakaran Hutan yang Mengakibatkan Kerugian Bagi Malaysia
No full textThis study aims to describe the form of Indonesia's accountability to countries that are directly affected by the haze caused by Indonesian forest fires according to the ASEAN Agreement on Transboundary Haze Pollution rules. This research is intended only for written legislation (law in books) and other legal materials. In normative research, the author will use doctrinal research methods that refer to legislation (statute approach) and a comparative approach (comparative approach). The results of this study indicate that Indonesia's accountability for cross-border smoke haze pollution due to forest fires is stipulated in Article 3 of the ASEAN Agreement on Transboundary Haze Pollution. Furthermore, the rights of countries affected by transboundary haze due to forest fires are regulated in Article 16 of the ASEAN Agreement on Transboundary Haze Pollution which states to increase preparedness and minimize risks to human health and the environment
Neglected Elderly: Lacking Welfare Policies in Indonesian Local Governments: Lansia yang Terabaikan: Minimnya Kebijakan Kesejahteraan di Pemerintah Daerah Indonesia
No full textThis study aimed to examine the social welfare policies for elderly citizens in local government in Indonesia, with a particular focus on the existence of regional regulations that address the needs of this vulnerable population. A normative method was employed, utilizing a statutory approach and deductive analysis of legal materials. The results of the study indicate that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly. This finding highlights the need for increased attention and action from local governments in order to ensure the well-being and protection of elderly citizens.
Highlights:
The study focused on social welfare policies for the elderly in local government in Indonesia.
The research revealed that not all regions in Indonesia have local regulations that specifically address the welfare of the elderly.
This highlights the need for increased attention and action from local governments to ensure the well-being and protection of elderly citizens
The Breaking Down Political Corruption: The Urgency of Progressive Law Enforcement: Pembongkaran Korupsi Politik: Urgensi Penegakan Hukum Progresif
No full textPolitical corruption is one of the legal phenomena in the form of corruption carried out by involving political actors or power actors. Political corruption is a phenomenon that occurs in almost all parts of the world and is a global problem. This study aims to explore the value and substance of progressive law as a solution in dealing with political corruption in Indonesia. This research is a normative legal research. This research specifically prioritizes socio-legal aspects, namely non-legal aspects that can enlighten and clarify the description of problems in political corruption. The legal materials used are primary legal materials which include: the Corruption Law, the Amendment to the Corruption Crime Act, and the UNCAC ratification law. Secondary legal materials include the results of studies and research on political corruption in Indonesia, and non-legal materials include various non-legal studies and analyzes related to political corruption that support this research. The approach used is a statutory approach as well as a conceptual approach. The results of the study confirm that the urgency of progressive law in breaking down political corruption needs to be carried out because the orientation of progressive law does not only focus on rules, but also emphasizes behavioral aspects. The orientation and formulation of progressive law in breaking down political corruption is to emphasize the behavioral dimension in the form of leadership and professionalism in terms of substance, structure, and legal culture
Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency: Pola Penyelesaian Sengketa Pemilihan Kepala Desa di Kabupaten Bondowoso
Full text linkVillage elections (Pilkades) is a direct election procedure and mirrors implementation of democratic life in Indonesia. Article 37 and 38 of the regency Regional Regulation No. 7 of 2006 states that if the Pilkades process turns dispute, the dispute does not stop the next stage. The regency government normatively based on Article 37 guarantees the completion stage of the elections until the inauguration phase and form a team of supervisors who communicate with those who feel aggrieved to get agreement dispute resolution. Until this research is done, there is only one case submitted to the District Court, but then the plaintiffs draw their lawsuit. Dispute settlement pattern research was conducted through interviews and providing information to the bureaucrats and the judiciary in the area of dispute. The involvement of these parties is important that the results of this activity followed up by an independent institution in Pilkades dispute resolution with consideration of existing regional regulations. How To Cite: Fauziyah, F., & Praptianingsih, S. (2015). Dispute Settlement Patterns on The Village Chief Election at Bondowoso Regency. Rechtsidee, 2(1), 11-20. doi:http://dx.doi.org/10.21070/jihr.v2i1.
General Confiscation on Bankcrupty and Confiscation on Criminal Verdict: Sita Umum berdasarkan Kepailitan dan Sita berdasarkan Putusan pidana
No full textGeneral confiscation of bankruptcy and criminal confiscation often occur simultaneously, this has led to debate on both sides between the prosecutor and the curator. Prerihal who is most entitled to the property of palilit and confiscated goods into a long discussion. However, if explained clearly, it will be found that public confiscation can precede criminal confiscation. In this journal, the author tries to discuss the substance and outline of the forgery by using normative writing procedures and applicable statutory regulations. In terms of the benefits of the debt and debt problem can be resolved as soon as possible and as fair as possible so that the economy is disrupted, both economies of a small scale and economies of large scale by continuing to pay attention to the Principle of Proportionality which consumes rights and obligations so that everything is in context and achieves goals that are expected to be fair to every one. In terms of legal certainty, Article 31 of the KPKPU Law that mentions all confiscations, appointed when the debtor's bankruptcy is pronounced is a new regulation and a special regulation compared to the confiscation of criminal provisions contained inArticle 39 paragraph (2) of the Criminal Procedure Code