176 research outputs found
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The Business Permits in Gampong Beurawe Aceh: The Existence of the Current Aceh Qanun: Izin Usaha di Gampong Beurawe Aceh: Eksistensi Qanun Aceh saat ini
No full textThe purpose of this study is to examine the existence of Qanun related to the issuance of business licenses regarding government entertainment and games in Gampong Regulations. in Gampong Beurawe in the city of Banda Aceh related to Islamic principles. The research method is normative law by using a statutory-regulatory approach and a comparative approach. It was found that the Province of Nanggroe Aceh Darussalam with Islamic law was able to change a concept of behavioral power that had grown self-awareness through religious norms into a concept of behavioral power that could be imposed from outside humans with legal norms in the form of Qanun which were equivalent to Regional Regulations. This gave birth to Gampong Beurawe as Gampong Syariah. Law Number 11 of 2020 to Government Regulation of the Republic of Indonesia Number 6 of 2021 is one of the supervisory systems from the center for regions related to the issuance of business permits in the Regions electronically. The existence of government regulations makes it easier to control business licensing that is not in accordance with the concept of Islamic law and practices related to other licensing
Establishing Ethical Norms: Dignified Justice Theory Perspectives on Ethics and Legal Relations: Mendudukkan Norma Etika: Perspektif Teori Keadilan Bermartabat terhadap Relasi Etika dan Hukum
No full textThe relationship between ethical norms and legal norms is different for experts, especially concerning their position. Moreover, legal norms seem to be superior to ethical norms. This study aims to analyze the position of ethical norms and legal norms. The dignified justice theory was chosen because it seeks to orient the divine and human aspects, which can only be fulfilled if ethical and legal norms synergize. This research is juridical-normative research. The juridical-normative research was chosen because it confirms the existence of ethical norms and legal norms as part of the system of norms prevailing in society. The study's results confirm that, in practice, legal court decisions are often considered higher and more authoritative than ethical court decisions. This has implications for the position of ethical norms that are considered inferior to legal norms. Furthermore, the theory of dignified justice seeks to see the relationship between ethical norms and legal norms as different norms, but in its implementation in society, the two norms must synergize and complement each other.
 
Royalty as a Way to Protect Creator: Current Conditions in Indonesia: Royalti Sebagai Cara Melindungi Pencipta: Kondisi Saat Ini di Indonesia
No full textOne of the legal rights that must be protected is intellectual property rights. This study analyzes intellectual property legal protection aspects based on a royalty system. This research is the normative legal research to produce legal arguments, usually called legal prescriptions. This study uses primary legal materials, which include: the 1945 Constitution of the Republic of Indonesia, the Patent Law, the Copyright Law, the Government Regulation on Song and/or Music Royalties, also the Plant Variety Royalties Act. Secondary legal materials include the results of studies and research on aspects of royalties in intellectual property rights. Non-legal material includes various non-legal studies of the royalty system in intellectual property. The approach in this research is a conceptual approach and a statutory approach. The results of the study confirm that the implication of the implementation of the royalty system in intellectual property rights requires the state to realize three fundamental legal values related to royalty policies, such as guarantees of legal certainty over the rules regarding royalties, guarantees of benefit from the distribution of royalties, as well as guarantees of fair distribution of royalties based on the principle of proportionality. In addition, legal protection with a royalty system in intellectual property rights needs to be carried out externally and internally.
Highlights:
Royalty system needs legal certainty, benefits, and fair distribution.
Fair distribution based on proportionality is important.
External and internal legal protection is necessary.
Keywords: Royalty, Intellectual Property Rights, Legal Value
 
Turn on the Living Law: The Construction and Implications of Living Law in Ratification of Draft Criminal Code (RKUHP): Menghidupkan Living Law: Konstruksi dan Implikasi Living Law dalam Pengesahan Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP)
No full textLegal provisions that live in society are one of the controversial provisions in the ratification of the Draft Criminal Code (RKUHP). That is because the law in the community is related to legal values written and unwritten in society. This study aims to analyze the legal aspects of culture in RKUHP. This research is normative legal research that puts forward legal issues on the implications of legal arrangements regarding living law in the RKUHP and focuses on using a conceptual and statutory approach. The results of the study confirm that the construction of living law in the community (living law) in the RKUHP, which emphasizes that the living law is customary law, is also formulated simultaneously with the regional role in establishing regional regulations based on the substance of local customary law. In addition, the construction of regional rules to accommodate Article 2 of the RKUHP to regulate the importance of customary law raises legal ambiguity, namely regional rules at the provincial or regency/city level that have the authority to regulate them; so that there is no disharmony of customary law arrangements in the formulation of regional regulations as a follow-up to Article 2 RKUHP. Furthermore, the legal implications related to living law arrangements in the RKUHP, namely the lack of clarity in Article 2 of the RKUHP, including the need for regulation at the regional level through regional regulations, have the potential to cause criminalization based on regional principle
The Construction of Customary Values as Part of The Agreements’s Validity: Konstruksi Nilai Adat Sebagai Bagian Dari Keabsahan Perjanjian
No full textAgreement is one of the important aspects in civil law. This is because the agreement is one of the legal actions that are often and commonly carried out in everyday life. Article 1320 of the Civil Code actually confirms the conditions for the validity of the agreement, such as: competent, agree, certain things, are allowed by law. However, in practice, something that is permitted by law is not only interpreted as permitted by positive or written law. However, it also includes unwritten legal values in society, which in this case includes Customary Values. This study aims to verify the legal terms of the agreement, including the inclusion of customary values as a valid condition of the agreement. This research is a normative legal research with a conceptual approach and legislation. The novelty in this research is the effort to extend the legal terms of the agreement, especially the halal cause or things that are permitted by law, including those permitted by unwritten law, in this case the customary values that apply in society. The results of this study confirm that with a futuristic and extensive interpretation, the meaning of halal causes or things permitted by law as a condition for the validity of the agreement must be expanded so that it includes unwritten law including customary values. Customary values that are still alive and valid in society are categorized as living law so that they become unwritten law. Because it is still valid in the community, customary values as unwritten law must be considered rights in making an agreement. This confirms that local customary values as long as they are still valid and live in the community can be a parameter as a condition for the validity of the agreement through the expansion of halal causes or something permitted by law in Article 1320 of the Civil Code
The Business Judgment Rule in a Progressive Legal Perspective: Essence and Implications in Indonesia: Business Judgment Rule dalam Perspektif Hukum Progresif: Esensi dan Implikasinya di Indonesia
No full textThe business judgment rule is a concept of business law to provide protection for the directors and commissioners of the company regarding liability due to decisions or policies that harm the company. This concept is important to realize creative and innovative directors in carrying out business practices. This study aims to explore the progressive legal aspects of the business judgment rule concept. This research is a normative legal research oriented to the study of the concept of business judgment rule and the theoretical study of progressive law. The primary legal materials in this study include: the 1945 Constitution of the Republic of Indonesia, the PT Law, and the POJK on the Board of Directors and Board of Commissioners of Issuers or Public Companies. Secondary legal materials include: the results of studies and research that discusses the concept of business judgment rule and progressive law. Non-legal materials include legal dictionaries. The results of the study confirm that the essence of the concept of business judgment rule is to optimize the effectiveness and efficiency of the company. This includes providing guarantees for protection and legal certainty for directors and commissioners regarding liability for company losses that can be excluded through the concept of a business judgment rule. The implications of the business judgment rule in the perspective of progressive law can be done by revising Article 97 paragraph (5) of the Limited Liability Company Law to guarantee the limits of the business judgment rule more specifically so as to ensure legal certainty, prioritizing human values in progressive law as guiding values in reading the formulation of Article 97 paragraph (5) PT Law, as well as the role of judges in court through their decisions to develop the concept of a business judgment rule in practice
Triadism Perspective on Payment of Debt Taxes in Complete Systematic Hold Registration Program: What and How?
No full textThe Complete Systematic Land Registration Program (PTSL) actually has an orientation to provide guarantees of legal certainty. However, the formulation of rules in Ministerial Regulation No. 6/2018 regarding PTSL provides space for not fulfilling three values that must be met by law. This study aims to analyze PTSL Regulations in the perspective of Gustav Radbruch's triadism. This research is a juridical-normative research by prioritizing conceptual and statutory approaches. The results of the study confirmed that from the aspects of fairness, benefit, and legal certainty, the regulation of the payment of taxes payable for the transfer of rights to certified land from the PTSL program as stated in the PTSL Ministerial Regulation has the potential to prevent the three basic legal values from being realized. The non-realization of the three basic legal values above in the formulation of arrangements for payment of taxes payable for the transfer of land rights certified from the PTSL program has the potential to cause injustice in society while minimizing the beneficial aspects of the PTSL program as well as creating legal uncertainty in society regarding the implementation of the PTSL program which has the potential to harm human rights. community as PTSL participants. Revisions to the PTSL Ministerial Regulation, specifically Article 33 paragraph (1) of the PTSL Ministerial Regulation in conjunction with Article 40 paragraph (1) of the PTSL Ministerial Regulation actually aim to fulfill the three basic legal values put forward by Gustav Radbruch, for ensuring justice, expediency, and legal certainty
Crypto Asset as a Transaction Tool in the Perspective of Economic Analysis of Law: Legal Consequences and Ius Constituendum: Aset Kripto sebagai Alat Transaksi dalam Perspektif Analisis Hukum Ekonomi: Konsekuensi Hukum dan Ius Constituendum
No full textThis normative legal research examines the economic and legal aspects of using crypto assets as a means of business transactions in Indonesia. The study uses a concept and legislation approach to analyze the legal consequences of crypto assets as transaction tools in digital business transactions. The research finds that crypto assets can be traded as goods in accordance with existing regulations, but cannot be used as legal tender in digital business transactions. Any digital transaction that uses only crypto assets as currency is null and void, and subject to criminal sanctions. To regulate the use of crypto assets as transaction tools, the study suggests breaking down the substance of Bappebti Regulation into two characters, regeling and beshikking. The implication of this research is that further studies and proposals are needed from Bappebti to determine whether crypto assets can be used as currency in the future, and to ensure that future regulation aligns with the principles of Economic Analysis of Law.
Highlights:
Crypto assets can be traded as goods in accordance with regulations.
Crypto assets cannot be used as legal tender in digital business transactions.
Regulation of crypto assets as a transaction tool needs to be further developed and clarified
The Need for National and State Ethics Laws in Indonesia: Perlunya Undang-Undang Etika Berbangsa dan Bernegara di Indonesia
No full textThe study of constitutional law does not only study positive law, but also includes national and state ethics. Indonesia actually has TAP MPR No. 4 on the Ethics of National Life. Although in its application the ethics of nation and state are still not effective in practice in society. This study aims to examine TAP MPR No. VI concerning the Ethics of National Life and its implementation in various aspects and future arrangements. This research is a normative legal research. Legal materials in this study include primary, secondary, and non-legal materials. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirmed that the implications of TAP MPR No. VI concerning the Ethics of National Life in constitutional law in Indonesia actually requires special arrangements in the Act so that it becomes the Law on the Ethics of National and State Life. The future implementation and regulation of the TAP MPR on National and State Ethics in Indonesian constitutional law can be carried out by establishing a Law on National and State Ethics which contains basic principles and is instrumentally and specifically determined by each agency, profession or group in society, combining the socialization of the four pillars of the MPR with the socialization of awareness of national and state ethics, and making awareness of national and state ethics as part of the national education system
Indonesian Legal Framework Related to Online Game Phenomena: A Criminological Review: Kerangka Hukum Indonesia Terkait Fenomena Game Online: Sebuah Tinjauan Kriminologis
No full textThe development of online games is part of technological developments. Even so, the development of online games negatively impacts criminal acts and crimes caused by online game addiction. This research seeks to analyze the impact of online games from a criminological perspective as well as efforts to formulate future arrangements to minimize the existence of people who are addicted to online games and commit criminal acts due to addiction to online games. This type of research is normative legal research by prioritizing conceptual and statutory approaches. The study results show that the impact of online game addiction from a legal and criminological perspective can lead to crimes or criminal acts due to online game addiction. The occurrence of the crime or criminal acts caused by online games is also influenced by the surrounding environment, which also seems to justify or at least allow the occurrence of these crimes. Therefore, future regulatory efforts to minimize the impact of online games are to make revisions related to the provisions contained in the Regulation of the Minister of Communication and Informatics No. 11 of 2016 concerning the Clarification of Electronic Interactive Games, especially to emphasize the existence of sanctions and coercive elements so that various provisions in the Regulation can be implemented optimally and need to get a follow-up in the form of public policy