Jurnal Hukum Novelty
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Nominee Contract Practice on Ownership of Foreign National Land in Indonesia
Full text linkIntroduction: The nominee agreement in practice is done as legal smuggling against land control for foreigners based in Indonesia, which the Agrarian Principal Law limits. Such restrictions result in foreigners finding a way to obtain property rights under the Nominee Agreement and b the basis of Article 21 paragraph (1) of the fundamental agrarian law of land ownership by foreign nationals with proprietary status contrary to the principle of nationality.Purpose/Objective Study: This research aims to find out how the practice of nominee agreements in land ownership for foreign nationals in Indonesia and the legal consequences of nominee agreements in the application of transfer of property rights to land in Indonesia.Design/Methodology/Approach: This study is normative juridical research beginning on a legal event and then looking for references to a norm system. This legal research is conducted by examining primary and secondary legal materials and non-legal materials relating to nominee contract practice on ownership of foreign national land in Indonesia. In this study, the approach was the statute approach by examining all laws and regulations relating to legal issues and case approach by examining several cases that have a relationship with the legal issues to be discussed.Findings: The result of this study is that the nominee agreement made to transfer ownership of property rights to Foreign Nationals contrary to Article 26 paragraph (2) of the Agrarian Principal Law, based on Article 1320 of the Civil Code, does not meet the objective requirement that lawful clause. The agreement becomes null and void and has no binding power and cannot be used for the basis of rights in obtaining ownership of land for Foreign Nationals in Indonesia.Paper Type: Research articl
Indonesian Online Shopping Practices in the COVID-19 Pandemic Era: A Study of Culture and Cyber Security Law
Full text linkIntroduction to the Problems: The condition during COVID-19 that made people doing more activities at home drove the increase in spending intensity. This condition referred to a new normal. Online shopping has long been a habit for some people because of the convenience provided. In conditions of increasing online shopping activities certainly have implications for the community—online shopping practices of Indonesian people in the Covid-19 pandemic era, with an approach and cybersecurity.Purpose/ Objective Study: This research aims to examine the relationship between online shopping practices of the Indonesian people in the Covid-19 pandemic era.Design/Methodology/Approach: With an approach to the study of culture and cybersecurity, with integration between culture studies, economy, and digital law studies.Findings: This research finds that massive online shopping practices in Indonesia have implications for social vulnerability. In a cultural context, people could get caught up in alienation. Online shopping activities as productive work (work to make commodities) alienate humans, four sides humans from themselves, productive work objects (instruments and productive work objects), and products consumed. While in the context of security, there was a risk of using misused personal data. It was necessary to ratify the Law of Personal Data Security as a legal regulation mechanism for sanctions for the data privacy misused in.Paper Types: Research articl
Partnership as an Alternative Model for Empowering Fishers in the Processed Food Industry Made from Marine Fish
Full text linkIntroduction to the Problem: This study discusses cooperation between various parties that are mutually beneficial, both the government, large business actors, and small business actors, in this case, fishermen.Purpose/Objective of the Study: This research aims to maximize the management of fisheries potential in Indonesia and provide alternatives to fishermen out of the problems they face.Design/Methodology/Approach: This study uses a mixed-method, which combines quantitative and qualitative research.Findings: The results showed that by looking at the background as well as the potential and weaknesses of the fishing community, the business partnership model could be an alternative to empowering the fishing community in developing the processed food industry made from marine fish. The legal relationship of the parties in this business partnership is based on the partnership agreement.Paper Type: Research Articl
Legal Issues in Implementing E-Commerce in GCC Countries from the Perspective of Financial Managers
Full text linkIntroduction to The Problem: This study explains the concept of legal risk in marketing in e-commerce world as there is currently insufficient research studies on the concept despite its critical importance in influencing the behaviour of consumers.Purpose/Objective Study: The problem statement/purpose of study is to explain that what are the different barriers faced by financial managers during an uncertain and legal risky situation.Design/Methodology/Approach: The study utilizes both primary and secondary data from Gulf Cooperation Council (GCC) countries in order to get reliable results. There are different risk factors that affect the purchasing behaviour of consumers who shop online. The consumer’s perception of risk may be the result of all the emotional processes through which consumers recognize, organize and provide meaning to sensations received, such as the need for product quality, safety online and overall satisfaction. The primary data consists of a survey of online shoppers. The research data and questionnaire were administered to 972 GCC internet users who are classed as experienced and avid users. The secondary data includes an analysis of the various theories of consumer behaviour, models of online adoption, legal risk factors to marketing and shopping online, models of the adoption of innovation and new ways of marketing and trade. Both techniques are utilized to examine the relationship between perceived risk strategies and customer satisfaction as well as examined the customer involvement and propensity to take risk on existing relation of online shopping.Findings: According to study results, legal risk is very important in GCC countries which ultimately influence the customer involvement, satisfaction and purchasing behaviour. GCC countries should attempts to create a coherent legal and regulatory framework (like Lessons can be learnt from the EU). It will help to reduce the legal risk and remove the obstacles to the growth of e-commerce in GCC countries by affirming a certain level of transparency by imposing prior information requirements for electronic contracts, as well as regulating commercial communication and advertisements and regulating consumers' technical errors.Paper Type: Research Articl
The Implementation of the Principle of Justice in Post-nuptial Agreement towards Mixed Marriage: Hope or Challenge?
Full text linkIntroduction to the Problem: this research focuses on the actors of mixed marriage in Indonesia who have hope at the practice level. The hope arises from the Constitutional Court decision No. 69/VII/PUU/2015, which allows the formation of an asset separation agreement after the marriage takes place (post-nuptial agreement). The decision is followed up by two Circular Letters of relevant ministries: one is from the Ministry of Home Affairs No. 472.2/5876/Dukcapil, which guarantees that post-nuptial agreement is allowed in the Civil Registry (Dukcapil); as well as the one from Directorate Generals of Community Guidance under the Ministry of Religion No. B.2674/DJ/III/KW.00/9/2017. By enacting these instruments, Indonesia facilitates a hope to the mixed marriage, which is the hope of the ownership of the assets.Objectives of the Study: To identify the implication of the Constitutional Court decision No. 69/VII/PUU/2015 in practice, in lieu with the implication of the Circular Letters of the Ministry of Home Affairs No. 472.2/5876/Dukcapil and Directorate Generals of Community Guidance under the Ministry of Religion No. B.2674/DJ/III/KW.00/9/2017; also, to review the possibilities of those decisions and Circular Letters in the perspective of Indonesian family law, would it be a hope or a challenge?Methodology: This is normative-juridical research, which implements a doctrinal approach to analyze the problems.Findings: Post-nuptial agreement is allowed and having legal implications to the parties to the marriage bond. Ministry of Home Affairs and the Ministry of Religion have facilitated the Constitutional Court decision by enacting their respective Circular Letters to guide the civil registry officials in responding to the post-nuptial agreement.Paper Type: Research Articl
Al-WalÄ` in Islamic Inheritance Law: Looking for Its Legal Effects
Full text linkIntroduction to The Problem: Slaves and slavery had existed since before Islam preached by Muhammad (PBUH). Islam provides gradual problem-solving methods regarding slavery; one of them is through inheritance. In Islamic Law terms, it called al-walÄ’ or liberated slaves. The slave that freed by the master will gain the estate from him. However, slavery is now viewed as merely an academic discourse since it is considered no longer exist.Purpose/Objective Study: The purpose of this research is to find out the legal standing and legal effect of al- walÄ’ in the Islamic Inheritance Law.Design/Methodology/Approach: This study is classified as a normative study. The study employed secondary data obtained from the literature review on al- walÄ,’ and it analyzed descriptively using the conceptual approach.Findings: The study found that the substance for al- walÄ’ in the Islamic Inheritance Law of inheritance is to liberate slavery through legal descent-based kinship (nasab ḥukmÄ«). A person who frees the slaves holds al- walÄ’ right. Accordingly, he has the right to inherit the slave’s wealth when the slave dies and does not have any inheritors. Second, al- walÄ’ brings a legal effect on the freed slaves, namely, the person who releases the slave, the slave’s left wealth, guardianship, legal competence, and the inheritance itself
Justifications of Intellectual Property Rights: A Discussion on Locke and Hegel's Theories
Full text linkIntroduction to The Problem: At its core, Locke’s main argument is centralised in the role of labour, while Hegel’s principal idea lies in one’s will, self-actualisation as well as personal expression. As both thinkers posit strong arguments in substantiating their views, discussions surrounding this topic may influence one to favour a particular theory over the other.Purpose/Objective Study: This paper makes a modest attempt to discuss the justifications of intellectual property rights by focusing on two well-known philosophers, John Locke and G.W.F Hegel.Design/Methodology/Approach: The research design is exploratory as this paper aspires to explore the basis for the grant of intellectual property rights from the lenses of both theories. Therefore, the research methodology is purely doctrinal and theoretical. The research approach is mainly based on library research, focusing on a reading and analysis of Locke and Hegel’s published works, as well as other materials such as journal articles, commentaries, and textbooks.Findings: This article contributes to the existing body of knowledge by highlighting that neither Locke nor Hegel could provide one-fit-for-all justifications of intellectual property rights. Nevertheless, it is worth stating that both philosophers do contribute thoughtful insights that reflect important values worthy of considerations and should never be undermined when framing policies and laws on intellectual property rights.Paper Type: General Revie
License Revocation of Insurance Companies and Legal Protections of the Policyholders
Full text linkIntroduction to The Problem: Revocation of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations.Purpose/Objective Study: This research discussed the types of license revocation of the insurance companies and legal protections of the policyholders when this revocation happened.Design/Methodology/Approach: This study is a qualitative one, which uses a normative juridical method. It approached by the juridical research that uses primary data in the form of Acts or Regulations.Findings: The types of business license revocation of insurance companies are divided into 4, namely: (1) cancellation of business licenses due to administrative sanctions that are gradually applied; (2) revocation of business licenses due to company requests; (3) dismissal of business licenses due to bankruptcy, and; (4) revocation of business licenses due to the merging or business combination. The respective procedures are governed by the relevant OJK Regulations. The repeal of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations
Law Enforcement and Overcoming Violations of Money Politic in General Election: Indonesia's Case
Full text linkIntroduction to The Problem: The election is a way to choose leaders in both the legislative and executive fields. An election mechanism is also a form of power distribution and its limitation, so elections are an important activity for national development. Through this election, there are evil sparks that can be lit by those who have an evil character; one of these sparks is money politics. Therefore, the implementation of elections required law enforcement agencies to deal with election violations and election disputes under applicable rules.Purpose/Objective Study: The purpose of this study is to find out how law enforcement in violations of money politics in Indonesia and how to deal with its violations.Design/Methodology/Approach: This article is a doctrinal one and using normative legal research methods with a statutory approach. The statutory course referred to is an approach based on legal reviewers related to the problem being discussed.Findings: In this study, the authors found that law enforcement of money politics in general elections in Indonesia must be based on established conditions. Such conditions are like implementing the regulations and force them to be implemented right away. Efforts that must be made in overcoming this violation in general elections in Indonesia are by making pre-eventive efforts. These efforts address election violations from the preparation step until the election implementation step. The second act is preventive actions, namely prevention efforts or non-penal measures before election crime. The third is a repressive effort that deals with corruption and focuses on the nature of the action, eradication, or suppression after the crime.Paper Type: Research Articl
The Dynamic Interpretation of Pancasila in Indonesian State Administration History: Finding Its Authentic Interpretation
Full text linkIntroduction to The Problem: The term interpretation of Pancasila seems rarely used to measure the substance of the Pancasila as the Indonesian nation’s weltanschauung. The term interpretation refers to the concept of constitutional and cultural meaning so that the order of civic life is in the same direction and under the paradigm of God, humanity, unity, society, and social justice. After the amendment of the 1945 Constitution, the Indonesian constitution has faced many changes. The changes that occurred are to creating a democratic governmental order. Even though the democratic rule of the government has surfaced, one thing for sure is that Pancasila is strengthening the form of Indonesia’s foundation. Because philosophy, enthusiasm, ideas, and thoughts of the nation’s life are determined by the underlying weltanschauung.Purpose/Objective Study: This study is trying to find the authentic interpretation of Pancasila based on its dynamic interpretation throughout Indonesian history.Design/Methodology/Approach: To answer these problems, the method used in this study is normative research with a conceptual approach so that interpretation is obtained by the paradigm built by the nation’s founders.Findings: By referring to library materials, the conclusion that can be drawn from this research is Pancasila, which is misinterpreted rigidly and is state-oriented to castrate the meaning of Pancasila as a public view of life. Then with the strong tendency of legal-formal interpretation so that it eliminates its substantive nature as weltanschauung or national outlook on life so that Pancasila loses its vital in the present state of life in Indonesia