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Strategy to Strengthen Legal Certainty in Determining BPHTB to Support Development in North Sumatra Meta Permata Sari; Surya Perdana Ginting; Farid Wajdi
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.149-162

Abstract

Land and Building Acquisition Tax (BPHTB) is a source of Regional Original Income that plays a strategic role in supporting regional fiscal independence. However, in practice, the determination of BPHTB in several districts/cities in North Sumatra Province still faces various problems that impact on weak legal certainty for taxpayers. These problems include differences in the assessment of the Taxable Object Acquisition Value (NPOP), regulatory fragmentation between regions, limited apparatus capacity, and the lack of integration of tax and land administration information systems. This study aims to analyze weaknesses in the determination of BPHTB and formulate strategies to strengthen legal certainty to support regional development in North Sumatra. This study uses a normative legal research method with a statutory, conceptual, and limited empirical approach through an analysis of BPHTB administrative policies and practices in the region. Data were obtained through a literature review of relevant laws and regulations, policy documents, and scientific literature, then analyzed qualitatively. The research results indicate that the weak legal certainty in determining the Land and Building Tax (BPHTB) is caused by the lack of standardization of the NPOP assessment methodology, disparities in administrative procedures between regions, limited capacity of regional tax officials, and the lack of integration of information systems between institutions involved in land administration and taxation. To overcome these problems, a strategy is needed to strengthen legal certainty through standardization of taxable object assessment methodology, digitization and integration of the BPHTB administration system, strengthening the objection mechanism, and increasing the capacity of regional tax officials. With effective and transparent policy implementation, the BPHTB determination system is expected to provide legal certainty for taxpayers while enhancing the role of BPHTB as a supporting instrument for sustainable regional development in North Sumatra Province.
LEGAL RESPONSIBILITY OF BUSINESS ACTORS IN BLIND BOX (MYSTERY BOX) SALES TRANSACTIONS THAT CAUSE LOSSES FOR CONSUMERS ON SHOPEE (COMPARATIVE STUDY OF CIVIL LAW AND ISLAMIC FIQH) Nazwa Redzlya Cantika; Farid Wajdi
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
Publisher : Inspiring Law Journal

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Abstract

E-commerce gives rise to blind box buying and selling with uncertain transaction objects that have the potential to violate sharia principles and consumer protection and give rise to legal liability for business actors. This study examines the concept of legal liability of business actors in blind box buying and selling transactions (mystery boxes) that cause losses to consumers from a civil law perspective, blind box buying and selling transactions (mystery boxes) in relation to the principle of justice and the prohibition of gharar or maisir in the view of Islamic jurisprudence and a comparison between the regulation of legal liability of business actors in blind box buying and selling transactions (mystery boxes) according to civil law and Islamic jurisprudence, and their relevance to consumer protection in the Shopee marketplace. This type of research is normative law with a descriptive character. The methodology applied includes a statutory regulatory approach (Statute Approach). The research materials are sourced from primary data in the form of Islamic Law, including the Qur'an and Hadith (Sunnah of the Prophet), also Civil Law, especially the Consumer Protection Law and related regulations, accompanied by secondary data including textbooks, legal dictionaries, legal journals, and other relevant legal documents. The legal material collection technique was carried out through literature study, then the data processing and review were carried out using qualitative analysis. The results of the study found that the practice of blind box buying and selling still gives rise to legal liability for business actors, both under civil law and Islamic jurisprudence, because the unclear object of the transaction has the potential to violate the valid conditions of the agreement and the principle of justice. In civil law, business actors can be held accountable under the Consumer Protection Law, while in Islamic jurisprudence this practice is considered to contain elements of gharar and maisir and is therefore invalid under sharia. The different approaches have the same goal, namely to protect consumers through transparency, transaction fairness, and business actor accountability.
THE JUDICIAL COMMISSION'S AUTHORITY TO SUPERVISE THE ETHICAL BEHAVIOR OF JUDGES ON SOCIAL MEDIA Afkar Raihan Winfy Harahap; Farid Wajdi
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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Abstract

This study discusses the Judicial Commission's role in supervising the ethical behavior of judges on social media. In today's digital era, many people indirectly use social media inappropriately. Law enforcement officers, especially judges, are trusted by the Indonesian people. The Judicial Commission must supervise judges to create a good and clean image of the judiciary in the eyes of the public. The Judicial Commission has the primary authority to supervise the ethical behavior of judges, including on social media. According to Law Number 18 of 2011, to prevent the decline of the dignity of the judiciary, which can intentionally or unintentionally make judges violate their code of ethical behavior on social media. Therefore, the Judicial Commission's supervision of social media is essential to prevent the decline of the dignity of the judiciary due to judges' bad behavior on social media. Public trust and judges' ability to maintain judicial integrity are crucial.            The type of research used in this thesis is normative legal research. This normative legal research method focuses on the study of applicable legal norms or rules. This method is often used in research in the field of law or other sciences related to certain norms or rules. The results of this research are the limits of the Judicial Commission's authority in overseeing the ethical behavior of judges on social media, which is only focused on monitoring judges' activities on social media, conducting verification and closed investigations, and proposing sanctions to the Supreme Court.            The Judicial Commission does not have the authority to interfere in the substance of decisions or the judicial process to maintain judicial independence. Forms of judicial behavior on social media that could be considered a violation of the code of ethics include posting statuses or comments that are racially and ethnically sensitive, open support for certain candidates, and inappropriate content that demeans the dignity of the people. Therefore, strengthening the role of the Judicial Commission through specific regulations, digital ethics guidelines, and synergy with the Supreme Court is crucial to maintaining the integrity and authority of the judiciary in the social media era.
Lifetime Halal Certificate Policy: Implications and Challenges for Consumer Protection Farid Wajdi
Indonesian Journal Education Vol. 4 No. 4 (2025): Indonesian Journal Education (IJE)
Publisher : Lembaga Riset Mutiara Akbar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56495/ije.v4i4.1352

Abstract

The lifetime halal certificate policy stipulated in the amendment to Law Number 33 of 2014 concerning Halal Product Assurance (Law on Halal Product Assurance) thru Law Number 6 of 2023 concerning Job Creation has sparked controversy among business actors, certification bodies, and the public. On the one hand, this policy is seen as a form of deregulation that promotes efficiency and ease of doing business; on the other hand, it raises concerns about the declining effectiveness of halal supervision and consumer protection guaranties. This research aims to analyze the implications and challenges of the lifelong halal certificate policy from a consumer protection perspective, using a normative legal approach based on Philipus M. Hadjon's legal protection theory and Satjipto Rahardjo's progressive law principles. The research results indicate that without periodic evaluation and verification mechanisms, lifetime halal certificates have the potential to create a false sense of security for consumers and reduce public trust in the national halal assurance system.
Settlement of Agricultural Land Mortgage Disputes with Agreements Under Hand in North Sumatra Province Imman Yusuf Sitinjak; Surya Perdana; Farid Wajdi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5283

Abstract

This study aims to find out why it is necessary to resolve agricultural land mortgage disputes with agreements under hand in North Sumatra Province. The need for dispute resolution is a protection effort for the parties, namely in agricultural land mortgage disputes, when resolving problems and is also a solution to problems if they occur again like today in the future. The research method used is a qualitative research method, with a normative type of research. The research approach is a legislative approach, and a conceptual approach. The sources of research data based on secondary data are laws and regulations, book publications, research, journals and research supporting documents. Literature and documentation data collection tools. The need to resolve agricultural land mortgage disputes with an agreement under hand is due to the legal protection of the interests of the parties which must be prioritized to terminate the legal relationship between the parties in the underhand lien agreement that has been made.
Efforts to Optimize the Management of Regional Wealth in an Effort to Increase Regional Original Income Ahmad Yasir Lubis; Triono Eddy; Farid Wajdi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5877

Abstract

The condition of BUMN is one step ahead compared to the business activities carried out by BUMD. Another problem lies in the Human Resources (HR) and management of BUMD management. The relatively small share of the Regional Company's profit as one of the sources of regional PAD is that most of its businesses are relatively medium and small scale, in addition to many of which have not been organized based on the principles of the company's economy, but are relatively more based on considerations of public serviceIn a limited liability company, shares owned by an individual or legal entity provide rights in the form of dividends to him as regulated in Article 52 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies. In order to realize these conditions, ideally the construction of BUMD is directed to be in the form of a corporation. In order to manage BUMD in the form of a corporation, it can adopt the concept of managing state-owned companies under the auspices of the Ministry of BUMN which has implemented Good Corporate Governance in its management. In order to realize Good Corporate Governance in BUMD, a good governance structure is needed. Governance Structure or termed governance structure can be interpreted as a framework in an organization to apply various principles so that these principles can be shared, implemented and controlled. Specifically, the governance structure must be designed to support the running of organizational activities in a responsible and controlled manner
Sifat Putusan Impeachment MK Terhadap Status Hukum Presiden dan/atau Wakil Presiden Farid Wajdi; Andryan Andryan
Jurnal Penelitian Hukum De Jure Vol 20 No 3 (2020): Edisi September
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2020.V20.301-314

Abstract

impeachment tidak diartikan sebagai sebuah turunnya, berhentinya atau dipecatnya Presiden dan/atau Wakil Presiden dari jabatannya. Putusan impeachment di MK sebagai proses politik tidak berarti dapat diberhentikan Presiden dan/atau Wakil Presiden karena harus tetap melalui keputusan MPR yang diberikan kewenangan dalam memberhentikan Presiden dan/atau Wakil Presiden. Penelitian ini bertujuan untuk menganalisis implikasi sifat putusan impeachment MK terhadap status hukum Presiden dan/atau Wakil Presiden yang telah dinyatakan telah melakukan pelanggaran secara konstitusional. Metode penelitian yang digunakan dalam penelitian ini adalah yuridis normatif, yaitu penelitian yang dalam pengkajiannya dengan mengacu dan mendasarkan pada norma-norma dan kaidah-kaidah hukum. Tulisan ini dimaksudkan untuk mencari formulasi konstitusional yang bersifat fundamental sesuai dengan konsep supremasi hukum terhadap daya ikat putusan impeachment MK. Format mekanisme impeachment yang ideal tersebut harus menempatkan MK pada posisi yang menentukan, bukan hanya sekedar lembaga yang menjustifikasi pendapat DPR dalam proses impeachment.
Presidential Decree Number 62 of 2023: Distortion Regulation or Acceleration Solution for Agrarian Reform? Rahmat Ramadhani; Ida Hanifah; Farid Wajdi
Jurnal Penelitian Hukum De Jure Vol 24 No 1 (2024): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.031-042

Abstract

The implementation of Presidential Decree No. 62 of 2023 has substantively attempted to integrate several regulations at technically applicable level; however, on the other hand, it still raises several problems, particularly in relation to the provision of land for agrarian reform objects, land originating from forest areas. This study aimed to analyze the implementation of Presidentialial Decree No.   62 of 2023 as the latest regulation regarding the acceleration of agrarian reform activities in Indonesia as an effort to recognize that land is the greatest source of wealth for people as ordered by the constitution. To analyze the problem, the method used is type study law normative. One of the factors inhibiting agrarian reform from seeming slow in creating just and prosperous land is the dis-harmonization of regulations, that cause legal gaps. The method used is normative legal research with a statutory regulation approach. The sectoral egos and legal gaps can be put aside and released to joint policies between related institutions, and agrarian reform can achieve its main essence; namely making land a source of the greatest prosperity for people. The results show that regulatory disharmony has narrowed the space for implementing agrarian reform. The advice given in this paper is to create an acceleration of agrarian reform that is right on target in accordance with the targets set, all implementing stakeholders must comply with the norms set out in the Presidential Decree in question. Thus, it is feared that Presidential Decree No. 62 of 2023 will become a regulatory distortion, even though its implementation aimed to provide a regulatory solution in the context of accelerating agrarian reform in Indonesia.