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Juridical and Philosophical Aspects of Joint Land (Gandhok/Gamblok) Ownership System: Adat Land Law Perspective
Full text linkJoint land ownership has been in existence for long time in Indonesia, especially in Java. Such a unique ownership system has inherent problem, namely potential conflict among the factual owners. This article aims to analyze the philosophical background of joint land ownership and its legal problems. This normative legal research was conducted through library-based study. It is found that there are three contributing factors that created the joint land ownership system. These include historical factors, philosophical factors, and the change of land economic value. In the past, joint land ownership system was introduced by the head village (bekel) to alleviate the burden of the tax payment. The philosophy of joint land ownership system refers to the philosophy of farmer life that can be identified from several values such as mutual trust and honesty in the spirit of kinship/togetherness
From Separate Legal Entity to Economic Unity: The Criminal Liability of Parent Company
Full text linkCorporate criminal liability has become an issue following the increase in corporate crimes. This study discusses the possibility of parent company to deny liability for crimes committed by its subsidiary companies. This normative legal research employed qualitative analysis. The results showed that the parent company denied criminal liability by hiding behind the separate legal entities and limited liability doctrine. Through both doctrines, the parent company treats itself as a separate legal entity apart from the subsidiary company so that the former holds no liability for any crime committed by latter. Through piercing the corporate veil doctrine, the parent company intentionally uses the subsidiary company as a tool to maximize profits and applies total control. Therefore, based on the vicarious liability principle, the subsidiary company functioned as the parent company’s agent. It works for or on behalf of the parent company in which every profit made is owned by the parent company
Law on Khamr Under Qanun Jinayat in Aceh and Brunei Darussalam: A Comparative Study
Full text linkDrinking khamr (liquor) is an offence under the Criminal Act (Qanun Jinayat) in Aceh and Brunei Darussalam. This paper aims at comparing the law relating to khamr in both jurisdictions. The study was made through content analysis using comparative approach. It is found that both in Aceh and Brunei Darussalam, drinking khamr is subjected to penalty in the form of whipping not exceeding 40 times. The sentence that was adopted from Shariah to be imposed within a trial held by the Shariah Court. Beside similarity, there are some differences especially in relation to the applicability, enforcement and proceedings. The law on khamr in Aceh as stipulated in its Qanun Jinayat is enforced by the Shariah Judge, while the prosecution of drinking khamr in Brunei Darussalam requires the role of prosecutor. Keywords: Drinking Khamr, Criminal Act, Qanun Jinayat and Shariah Court
Prevention Policy in Controlling Narcotics Circulation in Cirebon Detention Center
Full text linkThe lack of control from the authority has opened the opportunity for the prisoners to do transaction of narcotis in the prison. Circulation of narcotics in the prisons involves complex networks. This paper aims to explore the policies made to prevent narcotics circulation in Cirebon Detention Center. The research was carried out through both library-based study and field work. It is found that the legal system needs to be improved in order to address the problems of narcotics circulation in detention center. The improvement is necessary to all aspect of legal system that is legal substance, legal structure, and legal culture
The Urgency of Strengthening Appraisal Regulations to Realize a Legal Protection for Appraiser
Full text linkTo provide legal protection and legal certainty for service users and Appraisers, the Government, in this case, the Ministry of Finance requires the Public Appraisal profession to obtain a permit in supporting financial service sector. The research describes the position and responsibility of Appraisers in assessing collateral for loan and finance, that in practice, often requires Appraisers’ administrative, civil, and criminal responsibilities. The article uses a multi-interdisciplinary approach by applying status, comparative, and case study. The results show that a key for legal protection for appraiser comes from a legal relationship between an Appraiser and a Bank. The assessment of collateral for bank loan and financing, arises from collateral appraisal cooperation agreements; and from the legal provisions, including Regulation of the Ministry of Finance on Public Appraisal and the other related Laws. Furthermore, Legal responsibility of Appraiser's mistakes in appraising will be an administrative and civil sanctions. To provide legal certainty and legal protection for the Appraisal profession requires a strengthening of regulations by the issuance of Law on Public Appraisers such as other supporting professions, namely Public Notary, Legal Consultant, and Public Accountant
Breach of Notarial Deed for Peace under Indonesian Civil Law Perspective
Full text linkThe peace agreement resulted from an out of court mediation process can be made in the form of either an authentic deed or underhand deed. This paper discusses the application of the principle of ‘ne bis in idem’ in lawsuit relating to the breach of the notarial deed for peace and the legal strength of notarial deed for peace based on the Civil Code and the Civil Procedure (HIR). Data in the form of primary and secondary legal materials were collected through both library research and field work. It is found that with regards to Article 1917 of the Civil Code and Article 130 paragraph (2) the Civil Procedure (HIR), the principle of ‘ne bis in idem’ is not contained in a lawsuit against the breach of notarial deed for peace. It is also found that the legal strength of the notarial deed for peace is the same as the authentic deed as outlined in Article 1870 of the Civil Code and Article 165 of the Civil Procedure (HIR)
The Charging of Administrative Fee for Customers of Mudharabah Saving Depositors
Full text linkOne of the saving products in Islamic banks is mudharabah. In the practice of mudharabah saving, there are Islamic banks charge an administrative fee and some do not. The research aims to clarify the fiqh basis of the charge of administrative fees to Shahibul Maal by mudharib in mudharabah saving. This normative research used secondary data consisting of primary, secondary, and tertiary legal materials. It is found that the charge of administrative fee by mudharib to Shahibul Maal on mudharabah saving does not have a clear foundation in fiqh. Based on the Fatwa of the National Sharia Board (DSN), the operational cost of mudharabah savings is the responsibility of the Mudharib and not the Shahibul Maal, since the Shahibul Maal has provided the fund. Mudharib can charge for the operational cost only if there is an agreement with the Shahibul Maal.
The Institutionalization of Community Mediation for Resolving Merarik Marriage Disputes in Sasak Community
Full text linkMediation is applicable for various disputes within the society, including family dispute. Such a method is commonly referred to as community mediation. This paper discusses the application of community mediation for resolving merarik marriage dispute in Sasak Community, Lombok. This socio-legal research conducted through both library-based study and field work. Interview and non-participatory observation have been conducted in several locations including Sesait Village, Mambalan Village and Rambitan Village. It is found that community mediation should be institutionalized in order to improve its effectiveness. The institutionalization of community mediation can be made by integrating it into the national justice system. It is expected that community mediation can be an alternative mechanism to the court system especially in handling merarik marriage disputes
