Jurnal Hukum PRIORIS
Not a member yet
204 research outputs found
Sort by
PELANGGARAN NETRALITAS APARATUR SIPIL NEGARA PADA MASA PEMILU LEGISLATIF 2024 DI PROVINSI SULAWESI SELATAN: Violation of the Neutrality of the State Civil Apparatus During the 2024 Legislative Election in South Sulawesi Province
Full text linkPenelitian ini mengkaji pelanggaran netralitas Aparatur Sipil Negara (ASN) yang dilakukan oleh Saodah dan Darmawati pada masa Pemilihan Umum (Pemilu) calon anggota legislatif tahun 2024 di Kabupaten Gowa, Provinsi Sulawesi Selatan. Netralitas ASN merupakan prinsip penting dalam penyelenggaraan pemerintahan yang bersih dan profesional, di mana setiap pegawai ASN tidak berpihak dari segala bentuk pengaruh serta tidak memihak kepentingan lain di luar kepentingan bangsa dan negara. Namun, dalam praktiknya, masih terjadi pelanggaran netralitas ASN, seperti yang dilakukan oleh Saodah dan Darmawati dengan menggunakan atribut partai peserta pemilu dan terlibat aktif dalam kegiatan kampanye salah satu calon anggota legislatif.Penelitian ini bertujuan untuk menganalisis bentuk pelanggaran netralitas ASN yang dilakukan Saodah dan Darmawati berdasarkan Undang-Undang Nomor 20 Tahun 2023 tentang Aparatur Sipil Negara, serta mengkaji akibat hukum yang akan diterima oleh keduanya sesuai dengan Peraturan Pemerintah Nomor 94 Tahun 2021 tentang Disiplin Pegawai Negeri Sipil. Metode penelitian yang digunakan adalah yuridis normatif dengan menganalisis data sekunder berupa peraturan perundang-undangan dan literatur terkait. Hasil penelitian menunjukkan bahwa tindakan kedua ASN tersebut melanggar Pasal 5 huruf n PP No. 94 Tahun 2021 dan bertentangan dengan kewajiban ASN untuk menjaga netralitas. Akibat hukum yang akan diterima adalah Hukuman Disiplin Sedang berupa pemotongan tunjangan kinerja sebesar 25% selama 6, 9, atau 12 bulan sesuai rekomendasi KASN
PERMASALAHAN PERTIMBANGAN HAKIM MAHKAMAH KONSTITUSI TERKAIT LEGAL STANDING PEMOHON BERDASARKAN PUTUSAN NOMOR 90/PUU-XXI/2023: Issues Considered by Constitutional Court Judges Regarding the Petitioner\u27s Legal Standing Based on Decision Number 90/PUU- XXI/2023
No full textIn submitting a request for judicial review, the applicant must explain the reasons for the applicant\u27s request to litigate at the Constitutional Court. This is to determine whether the applicant has legal standing in a lawsuit at the Constitutional Court. In this research, the object of research is the Constitutional Court decision number 90/PUU-XXI/2023. In this decision the applicant felt disadvantaged by the enactment of Article 169 letter q of the General Election Law. And the judge\u27s considerations in accepting the applicant\u27s legal position are discussed in this research. So the formulation of the problem that will be discussed is whether the judge\u27s considerations regarding the applicant\u27s legal standing are in accordance with statutory regulations. This research uses an exploratory type of normative research using secondary data which is analyzed qualitatively by drawing conclusions using a deductive method. The conclusion of this research is that the Constitutional Court should not grant Legal Standing to the applicant to litigate because the applicant does not have urgent interests and does not feel any real loss. This is supported by dissenting opinions from several Constitutional Justices such as Saldi Isra, Suhartoyo, and Wahiduddin Adams as well as statutory regulations that regulate this matter
PRINSIP REKRUTMEN HAKIM PENGADILAN PAJAK PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XXI/2023: The Fundamental of Recruitment Tax Court Post Constitutional Court Decision Number 26/PUU-XXI/2023
Full text linkConstitutional Court Decision Number 26/PUU-XXI/2023 mandates a shift in the authority of an institution, namely the Tax Court under the Supreme Court. Apart from relates the organizational governance, finance and administration of the Tax Court was previously led by the Ministry of finance Republic Indonesia, of course the recruitment of tax judges relates all the required terms and conditions. For this reason, a guideline is needed in the process of procuring tax judges in accordance with the mandate of the Constitutional Court Decision Number 26/PUU-XXI/2023 in accordance with the procurement of judges previously regulated by the Supreme Court in accordance with applicable laws and regulations. The fundamental of recruiting tax judges hopely there will be a method and determination of the qualifications of more qualified judges considering that the Supreme Court will become a new vessel for tax judges generally as well general court, religion court, administration court, military court. It also hoped that the procurement and recruitment of tax judges will not only emphasize capability and quality in tax acknowledge but also prioritize aspects of legal knowledge or capability in examining cases carried out by judges under Supreme Court
TANGGUNG JAWAB PEMILIK PERANGKAT ALAT ELEKTRONIK YANG DISALAH GUNAKAN UNTUK PROSTITUSI ONLINE (STUDI PUTUSAN NOMOR 65/PID.SUS/ 2023/PN.WNS): Responsibility Of The Owner Of Electronic Devices That Are Misused For Online Prostitution (Study Decision Number 65/Pid.Sus/ 2023/Pn.Wns)
Full text linkThe advancement of information technology has introduced new legal challenges, particularly in online prostitution cases. This study examines the criminal liability of electronic device owners used in online prostitution, focusing on the Court Decision Number 65/Pid.Sus/2023/PN.Wns. The defendant, JF, was charged under Article 27 Paragraph (1) in conjunction with Article 45 of the ITE Law and Article 56 Paragraph (2) of the Indonesian Criminal Code for alleged assistance and transmission, despite only lending an electronic device without direct involvement in the crime. The analysis reveals that the defendant did not meet the elements of transmission or assistance and, therefore, should not be held criminally liable. The geen straf zonder schuld principle should apply, as no actual wrongdoing was proven. Thus, the court ruling is deemed inconsistent with justice and legal certainty. This study highlights the need for clearer regulations regarding the liability of electronic device owners in criminal law
FAKTOR – FAKTOR MENDASAR KEJAHATAN SIBER TERHADAP KEMANUSIAAN : Key Determinants Of Cybercrimes Targeting The Human Population
Full text linkThe issue of cyber crimes against humanity is rapidly emerging as a worldwide concern in the present day. Cybercrime, including activities like identity theft, online fraud, and cyberattacks, has a detrimental influence on society and people. This study examines the factors that lead to cyber crimes targeting the human population. We must be comprehensively aware of these constituent factors to enhance our efforts in combating cybercrime and safeguarding our digital security. In order to address this research question, we used normative juridical and empirical juridical research methodologies. We conducted a descriptive analysis and utilized both primary and secondary data sources. The study findings indicate the imperative need to address and counteract cybercrime against humanity. Collaboration among individuals, organizations, and governments is necessary to implement suitable security measures effectively and enhance public knowledge of cybercrime. In order to safeguard humanitarian interests, we must persist in examining and comprehending the fundamental elements of cybercrime. Through persistent endeavors and robust collaboration, we can enhance the security of the digital realm and safeguard society from cybercriminal activities
DAMPAK KEBIJAKAN SURAT PERNYATAAN TANGGUNG JAWAB MUTLAK PERATURAN MENTERI DALAM NEGERI NOMOR 9 TAHUN 2016 TERHADAP PENCATATAN PERKAWINAN: Impact of The Policy Statement of Absolute Responsibility Regulation of The Minister of Homeland Number 9 of 2016 on Marriage Registration
Full text linkMarriage registration is an official process that involves registering and documenting a couple\u27s marriage at authorized institutions, such as the Office of Religious Affairs (KUA) and the Population and Civil Registry Service. This process legally and administratively records marriage events, producing an official document stating the couple\u27s marital status. This research uses normative research with a focus on studying legal norms relating to marriage registration. The analysis used is a qualitative descriptive approach using legislation (statute approach) to analyze the issues that arise in connection with the Statement of Absolute Responsibility and its impact on marriage registration and the legality of marriages after the SPTJM policy. The research results show that the Statement of Absolute Responsibility policy has a positive impact, such as providing facilities for producing children\u27s birth certificates and other documents. However, this policy can also present complexities related to the status of "Unregistered Marriage," which raises legal issues, protecting the rights of wives and children, as well as law enforcement against the practice of polygamy and polyandry. Even though the information of couples who are mar ried in an unregistered marriage is recorded in the Family Card document of the Population and Civil Registry Office, recognition is still required before the law so that this couple has adequate legal standing in court to ensure the validity of their marriage.
Keywords: Impact, SPTJM Policy, Marriage Registratio
KEDUDUKAN HUKUM PELAKU USAHA ASING DALAM PRINSIP EXTRATERRITORIALITY JURISDICTION PADA PERSAINGAN USAHA DI INDONESIA: Legal Position Of Foreign Business Actors In The Principle Of Extraterritoriality Jurisdiction In Business Competition In Indonesia
Full text linkThe presence of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition is a real effort for the state to reform the law in the field of economics and business competition law. Against the condition of Indonesia in the vortex of economic globalization that intersects with foreign business actors, there are legal issues that arise are related to the legal position of foreign business actors within the framework of the principle of extraterritoriality jurisdiction and how to anticipate the negative impact of anti-competitive actions committed by foreign business actors based on the principle of extraterritoriality to realize legal certainty. The method used in this research is normative and analytical descriptive research, using secondary data and analyzed qualitatively. The result of the research is the need for improvement and reformulation of the legal position of foreign business actors in the context of extraterritorial jurisdiction in modern competition law. Renewal of business competition law is a necessity considering the needs and dynamics of business competition law that is growing rapidly in the era of global trade. KPPU\u27s institutional strengthening must be carried out continuously and policy innovations must be implemented continuously to adjust to the current needs of competition law.
Keywords: Competition Law, Extraterritoriality, Foreign Business Actors, Jurisdiction, KPPU
ELEMEN-ELEMEN DASAR KEJAHATAN TERHADAP KEMANUSIAAN : Basic Elements of Crimes against Humanity
Full text linkThis research was created to analyze the basic elements of crimes against humanity as stated in the 1998 Rome Statute. The study carried out was comprehensive (looking through the context of Indonesian criminal law, human rights law and international law), and comparative (comparing the elements of the crime of genocide). The background to the emergence of the research problem is the uncertainty of the nomenclature of crimes against humanity which includes the word humanity in it. This is because the concept of humanity can give rise to broad interpretations. This research is also motivated by the desire to compare crimes against humanity with the crime of genocide, especially those related to similar or overlapping elements. The problem in this research consists of 2 (two) main problems, namely: First, a comprehensive analytical elaboration of 3 (three) basic elements crimes against humanity; The second analytical elaboration is comparative to the crime of genocide. The aim of this research is ultimately to provide recommendations to the Indonesian government regarding input for reconceiving crimes against humanity in statutory regulations. The benefits of research are both academic (one of the duties of lecturers is conducting research and for teaching materials for international criminal law and human rights law) and practical (for practitioners, such as judges, prosecutors, lawyers, non-governmental organization activists and social/human rights observers man). This research is a type of doctrinal research with a comparative approach. The research data sources used are primary legal materials (primary sources). Apart from primary legal materials, secondary legal materials (secondary sources) are also the main sources in this research. A comparative approach is carried out by comparing the elements contained in crimes against humanity with the crime of genocide. The conclusion of this research is the discovery of 3 (three) main elements of crimes against humanity, namely: Widespread and systematic attacks; Directed attack on civilian people; Imputable to state/organization\u27s policy. The most difficult element to prove is the third element, namely finding a connection between the actions of a person or group of people and their country\u27s policies. The crime of genocide includes concrete and reliable elements that characterize the crime, while crimes against humanity still seem to overlap with the crime of genocide, even with other international crimes.
Keywords: Genocide; Imputability; Crimes against Humanity; Widespread and Systematically Attack; Civilian
KEDUDUKAN HUKUM PENGURUS PERSEROAN SEBAGAI PENANGGUNG PAJAK: Legal Position Of The Management Of The Company As Tax Bearer
Full text linkIn carrying out the governance of a nation, there are expenses necessary for the expenditures of the state, some of which are obtained through tax revenues collected from individuals classified as taxpayers. However, not all taxpayers fulfill their tax payments on time, and sometimes there are those who fall behind on their taxes, resulting in tax debt. Article 9, paragraph (2) PMK 61/2023 specifically governs the liability of limited liability company directors, wherein the corporate tax debt can be borne personally and/or jointly, including the entire tax debt and tax collection costs. This differs from the responsibility of limited liability company directors as regulated in Law 40/2007, which fundamentally imposes limitations on the accountability of individuals in their positions. As a result, there is ambiguity for corporate managements regarding the limitations of accountability in the tax perspective compared to the corporate law perspective. This research attempts to examine the importance of affirming the legal position of corporate directors as tax debtors. By using normative methods, the author aims to find legal certainty regarding the issues discussed. This research concludes that there is a legal vacuum in regulating the requirements for corporate managements to be exempted from being tax bearers. So that the author recommends that written regulations must be made regarding the understanding of the tax debt insurer for the company\u27s tax debt is limited only to the company\u27s management who is responsible for the company when the tax debt arises.
Keywords: Corporate Managements, Tax Debt Insurer, Tax Deb
KEPASTIAN HUKUM WILAYAH KERJA PENGUSAHAAN PANAS BUMI EX KONTRAK OPERASI BERSAMA DIENG DAN PATUHA DALAM KERANGKA PERIZINAN PANAS BUMI DI INDONESIA: Legal Certainty Of Geothermal Concession Working Area Ex Joint Operation Contract Of Dieng And Patuha In The Framework Of Geothermal Licensing In Indonesia
Full text linkLegal certainty in the area of geothermal energy exploitation is very important to ensure the sustainability of geothermal operations in Indonesia. One interesting case to be analyzed is the joint operation contract in the Dieng and Patuha areas. Legal certainty regarding geothermal licensing in these areas has a significant impact on investment and the development of geothermal technology in Indonesia. This study aims to find out the legal status of the Decree of the Minister of Energy and Mineral Resources No. 2789 K/30/MEM/2012 and Minister of Energy and Mineral Resources Decree No. 2192K/30/MEM/2014 reviewed with the licensing theory and legal certainty theory. This study uses a normative legal method with a juridical-normative approach. The results found that the legal product from the geothermal authority in the form of a Decree of the Minister of Energy and Mineral Resources concerning Affirmation of the Working Area for Geothermal Resources Concession has an impact on the absence of legal certainty even though the existing regulations are sufficient to regulate geothermal permits. This should be an urgency to implement laws that apply as a form of guaranteeing absolute legal certainty.
Keywords: Geothermal, Licensing, Dieng-Patuha, Legal Certainty, Urgenc