176 research outputs found
Sort by
Constitutional Inquiry Rights in Evaluating Constitutional Court Decisions: A Case Study of MK Decision No. 90/PUU-XXI/2023: Hak Angket Konstitusi dalam Mengevaluasi Putusan Mahkamah Konstitusi: Studi Kasus Putusan MK No. 90/PUU-XXI/2023
No full textThis research focuses on analyzing the construction of the parliamentary inquiry right (hak angket) within the context of the controversial Constitutional Court (Mahkamah Konstitusi, MK) Decision No. 90/PUU-XXI/2023 in Indonesia. The decision, which interprets the age requirement for presidential and vice-presidential candidates, has sparked debates about the potential misuse of MK's authority. The study aims to understand the legal construction of the DPR’s parliamentary inquiry in light of the 1945 Constitution and relevant legislations, and to assess its implications on the oversight function of representative institutions. Employing a normative legal research methodology, the study analyzed legislation, legal concepts, and conducted expert interviews and content analysis. The findings reveal that the parliamentary inquiry, as a constitutional right of the DPR stipulated in Article 20A paragraph (2) of the 1945 Constitution, is utilized to assess the impact of MK Decision No. 90/PUU-XXI/2023 on Indonesia’s democracy and electoral system. The study highlights the need for DPR to observe legal provisions and ensure transparency and accountability in its inquiry process, emphasizing the significance of balancing democratic principles, transparency, and protection of citizens’ political rights in the oversight mechanism.Highlights:
Parliamentary Inquiry and Democracy: Exploration of the DPR's inquiry right in relation to MK's decision, emphasizing its importance for democratic accountability.
Legal and Democratic Implications: Focus on the legal boundaries and democratic significance of applying the inquiry to a judicial decision.
Transparency and Accountability: Highlighting the need for transparency and accountability in the parliamentary inquiry process.
Keywords: Parliamentary Inquiry, Constitutional Court Decision, Legal Analysis, Indonesian Democracy, Oversight Functio
Notaries at Risk: Urgent Need for Legal Protection Against Criminal Acts: Notaris Berisiko: Kebutuhan Mendesak akan Perlindungan Hukum Terhadap Tindak Pidana
No full textThis study aims to address the legal protection issues faced by notaries in relation to potential criminal acts and proposes ideas for regulating legal protection. Utilizing a normative legal research approach, data was collected through literature reviews, document analysis, and legal interviews, with conceptual and legal framework analysis conducted. The results reveal a lack of legal harmonization between notarial law and criminal law, which challenges the provision of adequate legal protection for notaries. Harmonization of legal provisions is critical to ensure optimal notarial services and protect against potential criminal acts. The findings emphasize the urgency of implementing legal provisions for notaries' adequate protection and offer valuable insights for policymakers and legal practitioners in crafting effective legal frameworks.
Highlights:
Legal harmonization between notarial and criminal law is needed for adequate protection of notaries.
Protection is necessary for optimal services and protection against criminal acts.
Harmonizing legal provisions is critical for effective protection.
Keywords: Notarial Law, Legal Protection, Criminal Acts, Harmonization, Professional Duties
 
Strengthening Land Law Reforms through Legal Pluralism in Indonesia: Memperkuat Reformasi Hukum Pertanahan melalui Pluralisme Hukum di Indonesia
No full textThis study explores the urgent need for reforms in Indonesia's land law system, specifically focusing on incorporating legal pluralism into the national legal framework. Utilizing a normative legal research method, the study scrutinizes primary and secondary legal documents, including the 1945 Indonesian Constitution, the Basic Agrarian Law, and the Job Creation Law, while also incorporating insights from related literature. The main finding indicates that although the Basic Agrarian Law (UUPA) has attempted to blend principles of customary and religious law into the national land law framework, its implementation still exhibits signs of weak legal pluralism, where state law dominates. This research suggests that adopting legal pluralism as a foundational principle in the UUPA could serve as a catalyst for fostering greater harmony between state and non-state laws, encouraging the development of policies that are more accountable and responsive to local realities. This holds significant implications in promoting agrarian justice and sustainability in land management in Indonesia, offering vital insights for ongoing legal reform efforts.
Highlights:
Inadequate integration of customary and religious law principles in the existing Basic Agrarian Law (UUPA).
The potential of legal pluralism as a foundation to foster greater harmony between state and non-state laws.
The urgent need for responsive policies that align with local realities to promote agrarian justice and sustainable land management in Indonesia.
Keywords: Legal Pluralism, Land Law Reform, Agrarian Justice, Policy Development, Indonesian Constitutio
Legal Ambiguity and Its Impact on Community Criminalization in Mining Obstruction Cases: An Inclusive Legal Perspective: Ambiguitas Hukum dan Dampaknya terhadap Kriminalisasi Masyarakat dalam Kasus Penghalangan Pertambangan: Perspektif Hukum yang Inklusif
No full textThis normative legal research scrutinizes the implications of criminal provisions concerning parties who hinder mining, and critically investigates an inclusive legal perspective on the penalization of such parties. The research, underpinned by a conceptual and statutory approach, identifies that the ambiguous penal provisions can potentially result in criminalizing local communities engaging in activities perceived as obstacles to mining operations. It highlights a critical contradiction between these punitive measures and the principle of affirmative action within prophetic law. The study also exposes a legal obscurity pertaining to the lack of parameters to define acts that hinder or obstruct mining operations, which contributes to the risk of community criminalization around mining sites. The research culminates in suggesting legal and political strategies to address this issue: a judicial review at the Constitutional Court, and hearings and aspirations at the People's Representative Council (DPR) to revise mining criminal law regulations. This study reveals that such interventions are crucial to ensure lex certa, a component of the principle of legality, which can provide legal certainty to affected communities, thus reducing unwarranted community criminalization.Highlights:
Legal ambiguity may criminalize local communities.
Current punitive measures contradict affirmative action.
Judicial review and legislative amendments are necessary for legal certainty.
Keywords: Legal Ambiguity, Mining Obstruction, Community Criminalization, Inclusive Legal Perspective, Affirmative Action.
 
Redefining Privity of Contract: The Untapped Rights of Consumers in Goods Delivery Agreements: Mendefinisikan Ulang Privity of Contract: Hak-hak Konsumen yang Belum Tersentuh dalam Perjanjian Pengiriman Barang
No full textThis study critically analyses the entrenched concept of the privity of contract doctrine within the context of goods delivery agreements and its impact on the final consumer, specifically focusing on issues of delayed delivery and consequential losses. Adopting normative legal research methodologies, it employs statutory, conceptual, and case-based approaches to dissect this complex consumer protection issue. The research reveals that while the privity of contract paradigm posits rights and obligations as exclusive to the contracting parties, the final consumer, as the recipient of goods, possesses legal standing in cases of delivery negligence or incurred losses. The study also highlights the consumer's right to delivery in accordance with the agreed terms, even when not a primary party in the agreement, as long as the goods are not for resale. The paper concludes by emphasizing the critical role of judges in assessing immaterial losses based on the principle of ex aequo et bono, thus underscoring a shift towards a caveat vendor approach in consumer law, with significant implications for both business actors and global consumer protection frameworks.
Highlights:
The concept of privity of contract is not absolute in goods delivery agreements, and the final consumer can possess legal standing in cases of delivery negligence or incurred losses.
The recipient of goods, even when not a primary party in the agreement, maintains the right to delivery in accordance with the agreed terms, provided the goods are not intended for resale.
Judges play a pivotal role in quantifying immaterial losses, underlining the shift towards a caveat vendor approach in consumer law.
Keywords: Privity of Contract, Consumer Protection, Goods Delivery Agreements, Legal Standing, Ex Aequo et Bono.
 
Enhancing Legal Protection for Digital Transactions: Addressing Fraudulent QRIS System in Indonesia: Meningkatkan Perlindungan Hukum dalam Transaksi Digital: Mengatasi Sistem QRIS Palsu di Indonesia
No full textThis study examined the legal safeguards necessary to combat fraudulent QRIS systems in digital transactions, focusing on the imperative need to protect consumers who are often more vulnerable than business entities in the digital transaction process. Employing a normative legal research methodology, the study utilized a legislative approach and concept analysis to deliver its findings. The study revealed that preventive legal protection, manifesting as increased public awareness and understanding of the QRIS system, its use, and associated criminal potentials, is essential. Repressive legal protection should be implemented by enhancing the capacity and infrastructure of law enforcement agencies. In cases of internal issues with the QRIS system, the liability of the system's creator or issuer must be clearly defined. The electronic system's execution can be managed by the electronic system provider or delegated to e-business agent operators, underlined by good faith, transparency, accountability, fairness, and prudence. This research underscores the importance of extensive public socialization and training on the use and risks of the QRIS system, providing implications for bolstering consumer protection laws, enhancing law enforcement capacity and infrastructure, and refining electronic transaction regulations in Indonesia.
Highlights:
The vulnerability of consumers in digital transactions necessitates robust legal safeguards, particularly regarding the use of the QRIS system.
Both preventive (educational) and repressive (enforcement) legal protections are vital to combat fraudulent digital transactions and enhance consumer confidence.
Enhancing law enforcement capabilities and infrastructure, as well as clearly defining the liability of QRIS system issuers, is imperative for maintaining the integrity of digital transactions.
Keywords: Legal protection, digital transactions, fraudulent QRIS, consumer protection, law enforcement capacity
Fairness Principles in Islamic Social Funds: An Analysis of Zakat and Wakaf Management in Indonesia: Prinsip Keadilan dalam Dana Sosial Islam: Analisis Pengelolaan Zakat dan Wakaf di Indonesia
No full textThis study explores the implementation of the fairness principle in the management of Islamic social funds through zakat and wakaf in Indonesia, guided by existing legal frameworks and theoretical sources. Employing a legal approach, it critically examines and evaluates various laws related to the management of Islamic social funds in Indonesia. The research method utilized is a normative legal study focusing on theoretical examination and analysis of relevant legal documents and regulations. The findings reveal that the management of zakat and wakaf in Indonesia reflects the Fairness Principle, aiming to ensure just and equitable distribution and utilization of Islamic social funds. Such just management has significantly positive impacts on economic empowerment and societal welfare in Indonesia, enhancing education access, social infrastructure strengthening, productive business development, and empowerment of vulnerable groups, thus reducing poverty and social inequality. Collaboration between Islamic social fund institutions, government, and society is crucial to ensuring effective and sustainable utilization in enhancing Indonesia's overall economic welfare and societal well-being.Highlights:
Implementation of the fairness principle in managing Islamic social funds (zakat and wakaf) ensures equitable distribution and utilization.
Management significantly impacts economic empowerment and societal welfare in Indonesia.
Strong collaboration between institutions, government, and society is key to effective and sustainable utilization of zakat and wakaf.
Keywords: Zakat, Wakaf, Fairness Principle, Economic Empowerment, Welfare Enhancemen
Evaluating the Construction and Limitations of Opportunism Principle in Indonesian Judiciary: Mengevaluasi Konstruksi dan Keterbatasan Asas Oportunisme dalam Peradilan di Indonesia
No full textThis research scrutinizes the construction, limitations, and parameters of the opportunism principle concerning public interest within the framework of progressive law in Indonesia, employing a normative legal research methodology. The study intricately analyzes legislative regulations through the lens of progressive law theory, incorporating primary legal materials such as the 1945 Constitution of the Republic of Indonesia, the Criminal Procedure Code, and the laws governing the Judiciary and the Prosecution Service. The preliminary findings indicate a nebulous state in the conceptual evolution of the opportunism principle in Indonesia, characterized by a lack of explicit standards and limitations in its implementation. Furthermore, the study identifies a pressing need for a more stringent selection mechanism and orientation towards the opportunism principle for prospective Attorney Generals to foster legal certainty and diminish community legal uncertainty. This study aims to contribute towards fostering a robust jurisprudential foundation, enhancing the role and moral authority of the Attorney General in the criminal justice system.Highlights:
Conceptual Ambiguity: Current ambiguities in the opportunism principle necessitate clearer implementation standards in Indonesia.
Legal Reforms: The study advocates for pivotal legal reforms to bolster the Attorney General's moral authority and role within the justice system.
Implications on the Attorney General's Role: The research highlights the necessity for improved training and stricter selection procedures for prospective Attorney Generals.
Keywords: Opportunism Principle, Progressive Law, Indonesian Judiciary, Legal Certainty, Attorney Genera
Vicarious Liability in Personal Data Protection: Vicarious Liability dalam Perlindungan Data Pribadi
No full textThis study explores the legal responsibility and ideal concepts in compensating victims of personal data misuse, focusing on the ambiguous regulations within Indonesia's Personal Data Protection Act (UU PDP). The research, conducted through a normative-juridical approach employing conceptual and legislative methods, assessed primary legal materials including UUD NRI 1945 and UU PDP, along with secondary legal materials like books, journals, and non-legal materials such as language dictionaries. The results identified an existing lack of clarity in the UU PDP regarding the embraced accountability concept, potentially impairing the optimal filing of compensation claims by personal data subjects. It concluded that adopting the legal accountability concept of vicarious liability could ensure legal certainty for victims and simplify obtaining compensation for personal data misuse. The study implies the necessity for the adoption of vicarious liability, particularly in compensating victims of data misuse, by future institutions involved in personal data protection.
Highlights:
Ambiguity in Regulation: The UU PDP's lack of clarity concerning legal accountability may lead to suboptimal compensation claims for personal data subjects.
Ideal Concept Identified: The vicarious liability concept was determined as an ideal basis for legal accountability in compensating victims of personal data misuse.
Implication for Future Institutions: The findings suggest the importance of adopting vicarious liability in future data protection institutions, particularly regarding compensation for data misuse victims.
Keywords: Vicarious Liability, Personal Data Protection, Legal Responsibility, Compensation, Normative-Juridical Analysi
Individual Corporations in Indonesia: Fostering Economic Growth and Fairness through Simplified Business Formation: Perusahaan Perseorangan di Indonesia: Mendorong Pertumbuhan Ekonomi dan Keadilan melalui Penyederhanaan Pendirian Usaha
No full textIn the pursuit of an organized and conducive business environment, the Indonesian government has ratified the Job Creation Law, introducing a legal concept of Individual Corporations for small and medium-sized entrepreneurs (UMK). This normative study employs a conceptual approach through Economic Analysis of Law, using primary, secondary, and non-legal materials to analyze the implications and orientation of this policy. The research findings suggest that the implementation of Individual Corporations, requiring only one founder or shareholder for establishment, leads to ease in creation and expansion of micro-small businesses, potentially impacting the ease of doing business index positively. This policy also fosters a proportionately growing, fair national economic structure, and is expected to enhance employment opportunities. The introduction of Individual Corporations represents a significant change in Indonesia's corporate law, aligning with national goals to improve investment conditions.Highlights:
Introduction of Individual Corporations requiring only one founder simplifies business formation.
Positive impact on the ease of doing business index and alignment with national investment goals.
Fosterment of a proportionate, growing, and fair economic structure, enhancing employment opportunities.
Keywords: Individual Corporations, Economic Growth, Small Entrepreneurs, Business Formatio