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The Dynamics of Village Treasury Land Management to Provide Legal Certainty and Benefits
Full text linkThe management of village treasury land in Sukolilo Village faces various challenges that deviate from the provisions, especially related to the issue of securing and utilizing village assets. This study aims to examine legal management such as securing and utilizing village treasury land in Sukolilo Village in order to provide legal certainty and benefits for the community. This study uses an empirical or socio-legal method, with a sociological approach to examine the implementation, legal dynamics, and challenges of managing village treasury land in Sukolilo Village, East Java, Indonesia. Regarding security, the land certification process that is designated as part of the village treasury land in Sukolilo Village is still incomplete. Regarding its utilization, buildings utilized by outside parties do not provide economic benefits to the village because they do not have official permits from the village government. The absence of village regulations or directions from the village leadership also creates a legal vacuum. The Sukolilo Village Government needs to immediately register village treasury land and enter into legal agreements stipulated through village regulations. Expansion of the utilization of village treasury land can be done by building tourist villages, utilizing village potential by involving various community groups
The Principle of Moderatism in The Formation of Fatwa of The Indonesian Ulema Council Number 83 of 2023
Full text linkThis study analyses the principle of moderatism (wasathiyyah) in the formation of fatwas of the Indonesian Ulema Council (MUI), particularly Fatwa No. 83 of 2023 on the Law of Supporting the Palestinian Struggle. The principle of wasathiyyah, which is at the core of Islamic jurisprudence, encourages a balanced and moderate approach in legal and ethical matters. This research uses a qualitative method, with data collected through document analysis of fatwa texts, related scholarly works, and other relevant literature. The analysis aims to reveal how the wasathiyyah principle is reflected in the formation of the fatwa and its implications for Indonesian Muslim society. The results show that MUI Fatwa No. 83 of 2023 integrates the principle of moderatism in several key aspects. Firstly, it emphasises the importance of supporting the Palestinian cause as a humanitarian and ethical obligation, in accordance with the principles of justice and solidarity in Islam. Secondly, it balances such support with an invitation to use peaceful and legitimate means, rejecting extremism and violence. This reflects a deep understanding of wasathiyyah, which encourages proactive yet peaceful engagement in international solidarity. In addition, the fatwa highlights the role of Indonesian Muslims in fighting for Palestinian rights through diplomatic, economic, and educational efforts. This broadens the scope of support beyond mere political activism, encouraging a multifaceted approach that integrates ethical, legal and humanitarian dimensions
Termination of Prosecution Based on Restorative Justice as an Expansion of the Meaning of Case Waiver
Full text linkThe Criminal Procedure Code (KUHAP) and the Attorney General's Act give the public prosecutor and the Attorney General the authority to terminate prosecution, close cases in the interests of the law and set aside cases in the interests of the public. After Prosecutor's Regulation Number 15 of 2020 brings new problems because there is a termination of prosecution based on restorative justice which was previously unknown in both the Criminal Procedure Code and the Attorney General's Act. The purpose of this paper is to determine the position of termination of prosecution based on restorative justice as an extension of the meaning of termination of prosecution, closing cases in the interests of the law or setting aside cases in the interests of the public, and to determine the legal consequences of termination of cases based on restorative justice. The research method used is doctrinal research to find consistency and legal certainty in the termination of prosecution based on restorative justice
Government Authority and Responsibility in the Universal Health Coverage Program from the Aspect of Participation and Financing
Full text linkCitizens' rights to Social Security are realized by the Government through the National Health Insurance Program (JKN Program) with the principles of Social Insurance. The JKN Program is an initiation to achieve Universal Health Coverage (UHC), which is one of the objectives of the Sustainable Development Goals (SDGs). The government has the authority and responsibility for administering the JKN Program, particularly in terms of participation and financing. This research aims to analyze the Government's authority and responsibility within the JKN Program to achieve UHC. The research is Normative Juridical, using a Juridical approach based on statutory regulations. It concludes that the Government's authority in the JKN Program is legally attributed to the National Social Security Council and the Social Security Administering Body. Concerning the Government's responsibility in the JKN to achieve UHC, the Government must prioritize participation and financing to ensure effective implementation as a part of its obligation to its citizens. BPJS, as a Legal Entity organizing the JKN Program, has Sole Authority and must involve Independent Government Institutions for aspects like service, promotion, and supervision
Dissecting the Position of Living Law in the Criminal Code 2023
Full text linkThis study analyzes the position of living law in the 2023 Criminal Code. Through normative research methods using a legislative approach and a conceptual approach, this article finds: First, the position of living law in the 2023 Criminal Code is narrowed down to only referring to customary law as regulated in the explanation of Article 2. Second, the regulation of customary law is a recognition of sanctions for fulfilling customary obligations that will be used by judges as guidelines for sentencing. Third, the living law sanction in the 2023 Criminal Code is a type of additional criminal sanction in the form of fulfilling local customary obligations. Violations of the provisions of living law are subject to principal criminal sanctions and additional criminal sanctions if the act has been regulated by the 2023 Criminal Code. The regulation of additional criminal sanctions in the form of customary obligations aims to accommodate the types of customary law sanctions. In addition, there is a substitution mechanism for perpetrators who cannot fulfill customary obligations, in the form of substitution of compensation whose value is equivalent to a category II fine to a supervision sentence or social work sentence
Prevention of The Crime Of Trafficking in Persons (TPPO) in Cases Of Illegal Sending Indonesian Migrant Workers (PPMI) Overseas as Foreign Ship Crew
Full text linkHuman trafficking is a transnational crime in the form of human smuggling and is the third largest transnational crime in the world after drugs and weapons. Some of the contributing factors are cheap labor, low risk, high reward, and sexual demands. From 2017 World Bank data, there are 9 million Indonesians working abroad and only 4.7 million are recorded in SISKOP2MI (Indonesian Migrant Worker Protection Computer System), the remaining 4.3 million people are illegal. This is the background to which this research was conducted. It is not easy to prevent and eradicate criminal acts of trafficking in persons (TPPO) because it requires the seriousness of many parties, from the police, courts, public prosecutors to the Ministry. Human trafficking has various modes, apart from the perpetrators and victims, it must always be understood in terms of legal definitions. Without theoretical guidelines and legal norms, it would be dangerous because it could lead to wrong shots, for example in determining a suspect. This research uses secondary legal materials, a case approach and uses prescriptive analysis. It is hoped that the results of this analysis can provide input for efforts to prevent and eradicate TIP in the jurisdiction of each Regional Police/Polres
Reformulation of Supervision of The Constitutional Court in Carrying Out Its Functions as Judicial Power
Full text linkIn this research, two issues will be discussed. First, the institutional position of the Constitutional Court and the Supreme Court, which are both regulated in the 1945 Constitution. Second, is it conceptually justified for the Constitutional Court to refuse external supervision like the Supreme Court. This research uses doctrinal normative legal research in collaboration with reform-oriented research methods. The results obtained in this research are as follows. First, the Constitutional Court and the Supreme Court institutionally have the same level; both have the same judicial authority to uphold law and justice. The Constitutional Court and the Supreme Court have the same basis for constitutionality, which is regulated in Article 24, paragraph (1) and paragraph (2) of the 1945 Constitution. The difference between the Constitutional Court and the Supreme Court lies in the scope of their powers. Second, the 1945 Constitution does not regulate the supervision of the Constitutional Court. However, the Constitutional Court and the Supreme Court are both regulated in the 1945 Constitution and have the same orientation, that is, to law and justice enforcement, so conceptually, there is no reason for the Constitutional Court to refuse external supervision like the Supreme Court
Judge's Consideration of the Surakarta District Court's Divorce Verstek Decision Number 67/Pdt.G/2023/PN Skt
Full text linkMarriage is a physical and spiritual bond between prospective male and female partners so that they can live together according to God's will. However, in reality, many couples cannot maintain a domestic relationship due to several reasons that make them divorce using legal channels. This research aims to analyze the judge's decision in determining the verstek decision in a divorce case in the decision case study: Surakarta District Court Number 67/Pdt.G/2023/PN Skt. The research method used uses a normative juridical method, carried out indirectly based on legal materials and several references related to this research. This research uses a library research method by searching for data through books, journal articles, scientific works and websites. The results of this study indicate that The marriage between the plaintiff and the defendant is declared dissolved in accordance with Article 35 of the Marriage Law, and a default judgment in divorce cases can affect various aspects, including marital status, alimony obligations, and the burden of proof in the case. The judge's decision reflects attention to the principles of justice and applicable legal norms
Criminal Justice System for Children Perpetrators of Murder Between Indonesia and Malaysia
Full text linkThis study examines the comparative juvenile justice systems for child offenders of murder between Indonesia and Malaysia. The background of the research stems from the rising cases of children in conflict with the law due to serious crimes such as murder. Both countries adopt different legal approaches: Indonesia applies restorative justice through Law No. 11 of 2012 on the Juvenile Criminal Justice System, while Malaysia relies on the Child Act 2001 influenced by the Doli Incapax doctrine. This research uses a normative juridical method with a comparative approach to analyze the similarities and differences in both legal systems. The findings indicate that Indonesia emphasizes child rehabilitation through diversion mechanisms, whereas Malaysia adopts a more formal approach emphasizing court decisions. The study recommends policy improvements in both countries to enhance the protection of child offenders' rights
Upaya Pengembalian Kerugian Negara Akibat Korupsi Penyalahgunaan Alih Fungsi Hutan
Full text linkKorupsi Penyalahgunaan Alih Fungsi hutan merupakan bentuk korupsi yang tidak hanya merugikan negara saja, tetapi dapat mengancam stabilitas ekonomi negara bahkan menghambat perkembangan perekonomian negara sebagaimana yang dilakukan oleh Perusahaan PT Darmex Group milik Surya Darmadi yang telah mengubah fungsi kawasan hutan untuk fungsi perkebunan kelapa sawit seluas 37.095 hektar di Riau sejak 2003 hingga 2022 secara ilegal, yang mengakibatkan negara mengalami kerugian sebesar Rp.39,7 Triliun Rupiah. Penelitian ini menggunakan penelitian hukum normatif dengan menganalisis kasus pada Putusan 62/Pid.Sus-Tpk/2022/Pn.Jkt.Pst, sehinga pendekatan yang digunakan ialah pendekatan konseptual, undang – undang, dan kasus yang didukung oleh bahan hukum primer, sekunder dan tersier dalam penelitian ini. Hasil penelitian ini menunjukan bahwa putusan No. 62/Pid.Sus-Tpk/2022/Pn.Jkt.Pst telah mencederai keadilan di masyarakat mengingat kerugian yang ditimbulkan bernominal fantastis. Pemberantasan tindak pidana korupsi bukan hanya berfokus untuk menghukum pelaku saja, tetapi juga berfokus pada pengembalian kerugian negara yang sesuai dengan nominal (aset) yang telah dikorupsi. Sehingga, upaya asset recovery dalam perkara korupsi sangat penting dilakukan, sudah seharusnya pemerintah Indonesia menindaklanjuti proses legislasi nasional Rancangan Undang – Undang Perampasan Aset sebagai bentuk keseriusan pemerintah dalam upaya pemberantasan korupsi di Indonesia