Jurnal Hukum Novelty
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Abuse of Authority: A Meaning Deconstruction
Full text linkIntroduction to The Problem:Â As part of the organization of the government duties and community services, the authority to make a decision is attributed to the government officials (inherent aan het bestuur), which has led many to become a suspect and a convict. On the other hand, it is believed that the government's policies are not subject to the law.Purpose/Objective Study: This study aims to determine to analyze abuse of authority according to a meaning deconstructionDesign/Methodology/Approach: The research applied normative juridical approach as the logical consequence of sui generis of law.Findings: Each network of a structure of meaning is always presented in the form of binary opposition. One of the elements is marginalized and abandoned. Similarly, in the field of law, the term "abuse of authority," which is often connected to the damage that occurs to the state's financial condition, is seen as an absolute part of the Criminal Law. Arbitrarily, it replaces the function of the State Administrative Law. The "financial loss," which is then known as corruption, is the result of 'abuse of authority,' originated from the State Administrative Law. Through Jacques Derrida's perspective, a marginalized binary opposition is made into being. It is not to dominate others, but to share the views. The disjuncture between the state administrative law and criminal law has caused an unresolved issue of corruption. Through Paul Scholten's perspective, in essence, the criminal law has abandoned the social fact that there is a strong correlation between the deeds in the state administrative law and those in the criminal law, which is in the theoretical domain of administrative criminal law. The abandonment is against the hulprecht principle related to the implementation of the law mentioned above. The research employed a normative juridical method based on secondary data using philosophical, conceptual, and legal approaches.Originality: This article discusses specifically abuse of authority, a meaning deconstruction in terms of criminal law and state administrative lawPaper Type: General Revie
Connecting the Chains: Emotional Quotation, Ethics, and Legal Profession Ethics
Full text linkIntroduction to The Problem: Emotional intelligence is in the form of feelings and emotions, and contains the direction and intensity of one’s judgment or expression of feelings expressed on the object of attitude. Emotional intelligence or Emotional Quotient (EQ) is essential. Intellectual Intelligence (IQ) cannot run properly without the participation of an emotional appreciation of the ethics of law school students. Ethics also has a massive role in determining the good and bad of human behavior, behavior, or actions. While a legal profession is a job carried out by a group of people who have the legal expertise to support their lives. Students who graduate can choose their major according to the skills taught in Higher Education. From the previous three concepts arise one main problem on how the connection between EQ-IQ, ethics, and legal profession ethics.Purpose/Objective Study: The objective of this study is to find out the correlation of emotional intelligence toward the ethics of law faculty students at Universitas Malahayati and the correlation of students’ ethics toward the legal profession.Design/Methodology/Approach: In gathering data, the researchers used quantitative (questionnaire) and qualitative methods supported by interviews. To analyze the data, the researcher used quantitative descriptive with the Linkert Scale approach, and the results of the scale are accumulated with the regress linear technique.Findings: The results of this study show that there was a significant correlation of emotional intelligence to the ethics of law school students at Universitas Malahayati. Based on the results of the hypothesis test, the value of r is 0.854 with P = 0.000 where (p <0.01). It indicates that there is a correlation between emotional intelligence and the ethics of law faculty students at Universitas Malahayati. This finding suggests that the higher the emotional intelligence, the higher the ethics, conversely the lower the emotional intelligence possessed by individuals, the lower the ethics of law school students. Additionally, the correlation of emotional intelligence toward ethics by 0.854 means that emotional intelligence has a contribution of 85.4% as a variable that affects the ethics of law school students. The remaining 14.6% of emotional intelligence is influenced by other factors. The correlation between ethics and the legal profession is that by implement ethics in the legal profession, the legal service will gain the society’s trust. People tend to lean to excellent and professional legal practitioners who have embodied the ethics in their service and their personalities
The Indonesian Business Competition Law: How the Police Plays a Role?
Full text linkIntroduction to The Problem: In Indonesia, there are specialized and independent institutions in enforcing business competition law. The institution is the Business Competition Supervisory Commission or KPPU. It is because the suspected of business actors who violate Act No. 5 of 1999 are often uncooperative. In assisting KPPU, the Anti-Monopoly Law mandates the police to enforce business competition law in Indonesia. But, the extent the police’s role in helping the KPPU’s duty became the arising problem that should be discussed.Purpose/Objective Study: This research wants to discuss the role of the police in enforcing business competition law.Design/Methodology/Approach: This research is doctrinal research (normative juridical); an investigation that uses a statutory approach. The legal material referred to in this study focuses on the primary legal content, namely Act No. 5 of 1999 on Prohibition of Monopoly Practices and Unfair Business Competition, or it often called Anti-Monopoly Law, and the Indonesian Criminal Law Code (KUHP).Findings: This research shows that the police have the authority to uphold business competition law. The Anti-Monopoly Law gives power to the police in assisting KPPU. The provisions for the role of the police are contained in Article 36, Article 41 paragraph (3), and Article 44 paragraph (5) of the Anti-Monopoly Act. The role of the police to enforce business competition law begins at the time of the investigation or inspection process if the KPPU requests assistance to present reported parties, witnesses, expert witnesses, and other parties involved in business competition cases
Death Penalty: A Response to Arguments by Indonesian Muslim Opposers
Full text linkIntroduction to The Problem: Life is the greatest gift human beings receive. Man can achieve any task with life, and without it, man can do nothing. Thus, attempts by the State to punish human beings with the death penalty for wrongdoing are reaping the pros and cons. It is clear the stance of Western human rights activists opposed to the death penalty. What is interesting is that, although Islamic law supports it, many educated Muslims have objected to the death penalty.Purpose/Objective Study: The purpose of this research is to analyze and respond to the arguments used by Indonesian Muslim human rights activists, especially those integrated into human rights organizations, which are anti-death penalty. It is hoped that these reviews and responses will contain more definite opinions that can provide enlightenment for all.Design/Methodology/Approach: This research used a descriptive, analytical approach. Therefore, it employed secondary data and normative methods combined to case and statute approach in studying, analyzing, and responding to the arguments of anti-death penalty human rights activists among Indonesian Muslims. Their cases are to be brought forward, investigated, and then returned one by one.Findings: The research found that the human rights ideology propagated by western human rights activists is influencing Indonesian Muslim activists. They have the same point that the death penalty degrades humanity and violates human rights. In the meantime, Islamic law defends the death penalty for providing justice to the victims and the wider community, and for preserving life
An Analysis of Dispute Resolution Mechanisms in the Islamic Banking and Finance Industry in Malaysia
Full text linkIntroduction to The Problem: With the increasing boost to the Malaysian Islamic finance industry and the sophistication experienced in the industry with regards to product development, there is a substantial downside of such enviable achievements, which is the gradual surge in the number of disputes involving Sharia-compliant transactions. It is therefore important to analyse the existing dispute resolution mechanisms in the Islamic finance industry in Malaysia.Purpose/Objective Study: The article aims to analyse the court system as a dispute resolution mechanism as well as the other alternative dispute resolution mechanisms available to parties in resolving the dispute in the Islamic banking and finance industry in Malaysia. Design/Methodology/Approach: This study adopts a doctrinal legal method in examining the relevant Islamic dispute resolution mechanisms that are unique to Islamic finance disputes.Findings: The findings of this research reveal that some issues are causing untold hardships on parties in Islamic finance contractual disputes with the present jurisdiction of the courts in Malaysia. It is in line with the hypothesis of the research that the continued preference for litigation as a means of settling disputes in the Islamic finance industry is not sustainable due to the paradigm shift in dispute resolution involving financial matters globally.Paper Type: Research Articl
Legal Relations and Legal Consequences of Wakalah Contract Implementation in Hajj Fund Deposit
Full text linkIntroduction to The Problem: Hajj financial management in Indonesia is entrusted to the Hajj Financial Management Agency (BPKH). The central point of controversy is whether or not a portion of the Hajj deposit funds are legally permitted to finance a government infrastructure program. Another problem that emerges in the controversy is the spreading issue regarding the obligation of candidates of the pilgrims of signing the WakÄlah (agency) contract for the Hajj registration. It is assumed that the candidates must agree when the BPKH invests the Hajj fund in the infrastructure program.Purpose/Objective Study: To analyze the legal relationship between Muwakkil (the principal) and Wakil (the agent) on the implementation of the WakÄlah Contract for the pilgrimage fund deposit, categorizing the contract and the legal consequences of the use of hajj funds that are not following the purpose of the contract. Design/Methodology/Approach: The research method uses normative research with statutes and legal approaches to the WakÄlah contract. The technique of collecting data uses secondary data. Data were analyzed with qualitative descriptive.Findings: The legal relationship between the Muwakkil and the Deputy is based on the WakÄlah Agreement. The existence of WakÄlah contract in the Hajj fund deposit is a series with the aim of Muwakkil to run the Hajj. Therefore, the management of the hajj deposit funds should be based on applicable laws and regulations, the theory of authority, the theory of dispute resolution, and the purpose of the WakÄlah Contract. The Legal relationship and consequences if the use of the Hajj deposit funds contradicts existing laws and agreements and is not in accordance with the intended use, it can have consequences that the WakÄlah Contract will be null and void and if it contradicts the original agreement between Muwakkil and Wakiil then the Muwakkil can submit contract cancellation. In the event of a loss, the BPKH is responsible for compensating the Muwakkil in this case, the prospective pilgrims.Paper Type: Research Article
Resignation of Regional Head and/or Vice in the Tenure: Politics of Law and Democracy Perspectives
Full text linkIntroduction to The Problem: The resignation of the regional head and/or vice today is a serious problem, both in the perspective of democracy, law, and even budget politics. Run as regional head and/or vice is a right, but maintaining the mandate after being elected is an obligation. It is compounded by the political direction of the law, which creates a pragmatically oriented political configuration, thus facilitating the resignation process. Of course, this atmosphere, in addition to injuring constituency, also contradicts democracy and the direction of its legal goal.Purpose/Objective Study: This research is based on two problem formulations, first, how is the regulation related to the resignation of the regional head and/or vice in the perspective of legal politics? Second, how are the resignation of the regional head and/or vice seen from a democratic perspective?Design/Methodology/Approach: This research uses a juridical-conceptual approach with a multidisciplinary method. The secondary data is analyzed qualitatively both on a juridical basis (legislation) and conceptually (democratic construction) so that the results will be obtained not only descriptive but also prescriptive.Findings: The regulations that are formed are still very pragmatic in the interests of the party. Therefore, the political configuration is still a preference to accommodate the rights and interests of political elites who seem oligarchic. Furthermore, this attitude of resignation also does not reflect the attitude of a democrat because it only focuses on his rights and annuls his obligations.Paper Type: Research Articl
The Diversion for Children Who are Doing Crime of Theft
Full text linkIntroduction to The Problem: This article is based on the problems related to the handling of children in conflict with the existing law so far that it is still not free from treatments that are oriented towards depriving independence. The deprivation of liberty in question even occurs in cases of theft that actually can be resolved through restorative justice through diversion.Purpose/Objective Study: The aim of this research is to find out how the actual regulation of diversion related to criminal acts of theft in Law No. 11 of 2012 concerning the Juvenile Justice System and other related regulations, and how the implementation of diversion concept, especially against criminal theft.Design/Methodology/Approach: This article uses descriptive normative writing methods, namely explaining the facts related to the implementation of diversion in a criminal act of theft, how the arrangements and author’s suggestions for the diversion arrangement in the future. The source of the data used is secondary data sources, namely, data sources obtained from literature studies, such as books, journals, newspaper articles, and the internet.Findings: There are problems in Law No. 11 of 2012 concerning the Juvenile Justice System, where diversion provisions are limited only to crimes under 7 (seven) years, which have made many child offenders end up in the deprivation of liberty decisions. Then, the provisions of Article 9 Paragraph (2) of the act that eliminates or does not involve victims in diversion efforts whose losses are below the provincial minimum wage have harmed the concept of restorative justice. So, there needs to be some improvement such as the legislation governing diversion should no longer be limited by providing requirements regarding the implementation of diversion based on the number of penalties but the criminal acts that can be regulated by police regulation, and the diversion should be carried out by bringing together perpetrators and victims without exception.Paper Type: Research Articl
Shooting Down Military Aircraft: Pakistan Responsibilities Over India
Full text linkIntroduction to The Problem: The act of firing on two Indian military aircraft carried out by Pakistan indeed constitutes the right of air control over military aircraft according to the Paris Convention of 1919 and the Chicago Convention of 1944, according to which this convention's control rights over foreign military aircraft are strict and maximum, it does not contain exceptions Article 32 of the Paris Convention and Article 3 (c) of the 1944 Chicago Convention The right of maximum and strict control of the state over its airspace is only directed to military aircraft of other countries, where the consideration of national security is the main reason. But still, the shooting action carried out by Pakistan against Indian military aircraft is an act of negligence on airspace which became its sovereignty, due to the lack of coordination related to the shootings carried out.Purpose/Objective Study: This study aims to determine and understand the regulation of Indian military aircraft in the 1944 Chicago Convention on Flight of Military Aircraft to Airspace in Other Countries and the responsibility of the state of Pakistan in firing Indian military aircraft from the perspective of international air law.Design/Methodology/Approach: This research is research that uses normative legal research methods using a type of legislation approach and case approach. The legal materials used are primary, secondary, and tertiary legal materials that are useful for obtaining conclusions that are relevant to the problems in this study.Findings: The results showed that: 1) the regulation of Indian military aircraft in the 1944 Chicago Convention was categorized as a military aircraft (state aircraft) type of MiG-21 Bison interceptor which was indeed used for military, police and customs purposes, which in this case did not have the right to do flight above the airspace of another country before obtaining permission in advance from the country concerned; 2) the form of responsibility that must be given is in the form of termination of acts, apologies and remedial actions in the form of restitution, ie repairing as before the Indian military aircraft that he shot and providing protection for pilots he captures, this is as regulated in Article 31 of the ILC Draft.Paper Type: Research Articl
Legal Knowledge Management System on Family Law for Society
Full text linkIntroduction to The Problem: Until 2018, the problem in the realm of family law (marriage and inheritance) were the highest problems faced in religious courts. Through the Community Program for Women and Children Care (Madupria), the family welfare movement of Sumbersekar Village (PKK Desa Sumbersekar) wants to help in speaking out about the family’s legal problems that have been faced by the community in Sumbersekar village. Family legal issues in the community can be diminished if the community has good legal knowledge (intelligent legal). Nowadays, the current digital, legal collaboration, and information technology, should be utilized. One of the ways is through a legal knowledge management system, which will create a family legal savvy community in Sumbersekar village.Purpose/Objective Study: The purpose of this research is to perceive why family law problems occur in the village of Sumbersekar, and what kind of family law knowledge is needed, as well as modeling cases through a legal knowledge management system.Design/Methodology/Approach: This is multidisciplinary research that uses sociological legal research method, as well as using the method of research and development in the field of information technology.Findings: Family law issues in these cases are the rights and obligations of husband and wife and the distribution of inheritance. The causes of legal problems that happened regarding the rights and obligations of husband and wife are economic problems (10%), lack of education (20% lack of knowledge), poor communication (25%), and adverse environmental impacts (45%). In comparison, the problem of inheritance is caused by internal personal desires on controlling legacy (40%) and the lack of education/knowledge (60%). Whereas, the required legal experience to overcome these issues are family law and inheritance law is consisting of statutory regulations, judges’ decisions, and scientific articles