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Sengketa Perjanjian Jual Beli Tanah Dalam Perkembangan Hukum Perjanjian Nasional: Perspektif Hakim Jafar Chan; Fauzie Yusuf Hasibuan
Jurnal Nuansa Kenotariatan Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.896 KB) | DOI: 10.31479/jnk.v1i1.60

Abstract

This research about the discovery of the law by the judge as stipulated in the rulings, particularly in the purchase agreement of land dispute has spawned some of the rules of law as well as annotation of the dedsion which not only applies to the parties that the litigants,but the rule of law and annotations such decision has contributed to the development of na- tional contract law. This research using descriptive analytic conceptual approach for the rule of law is derived from the discovery of the law by judges and the rule of law was raised surface and serve as the rule of law which further guidance in terms of buying and selling land, espedally customary land.Implementation of the discovery of the law by the judge has given a positive contribution to the development of national legal development, particularly for the development of contract law that con- tinues to evolve with the dynamic development of sodety. Keywords: Purchase agreement, discovery of the law, national contract law
Resolving Transnational Crime in the Indonesian Sea Border Area: Case Studies and Legal Effects Sugeng Apriyanto; Fauzie Yusuf Hasibuan; Atma Suganda
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1665

Abstract

The Indonesian maritime border area is susceptible to a range of transnational criminal activities, such as drug trafficking, human trafficking, and forced displacements. These criminal activities pose a significant danger to both the stability of national security and the territorial integrity and sovereignty of Indonesia. The law enforcement challenges in the Indonesian maritime border area are intricate, encompassing inter-agency coordination, international cooperation, and limitations in resources and technology. The primary objective of this study is to address the following crucial inquiry: What are the obstacles encountered in law enforcement against transnational crime at the maritime border of Indonesia? The study employs a normative legal research methodology, which entails analyzing legislative regulations, legal documents, and relevant literature that pertain to law enforcement along the maritime borders of Indonesia. This technique in normative jurisprudence will analyze applicable legal laws, government policies, and pertinent international agreements. The obtained secondary data from legitimate sources will undergo qualitative analysis to identify significant obstacles and possible remedies in law enforcement against transnational crime in the maritime border region of Indonesia. The study revealed that key hurdles in the enforcement of legislation against transnational crime in Indonesia's maritime border regions encompass inadequate inter-agency coordination, restricted resources and technology, and impediments to international collaboration. To tackle these challenges, it is advised that the Indonesian Government bolster regional and international collaboration, reinforce the capabilities of law enforcement agencies through training and the provision of cutting-edge technology, and establish a comprehensive and integrated policy framework. In addition, enhancing the formulation of comprehensive operational cooperation protocols and implementing efficient dispute resolution processes could enhance the efficacy of law enforcement in the maritime border region of Indonesia.
Integration of Legal Certainty and Restorative Justice in the Phases of General Criminal Investigation : An Examination of Law Enforcement by the Indonesian National Police Johan Rofi; Fauzie Yusuf Hasibuan; Lilik Mulyadi
International Journal of Law and Society Vol. 2 No. 2 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.346

Abstract

This research aims to elucidate the significance of restorative justice during the investigative phase and the legal assurance for investigators who apply restorative justice in cases of party noncompliance with the agreement. The author employs normative legal research, which involves the collection and analysis of legal documents pertinent to the subject at hand. This legal research employs the statute and case approaches. This writing employs primary and secondary legal materials. This article conducts prescriptive research. The findings of this research indicate that, initially, the concept of restorative justice during the investigative phase prioritizes substantive justice over procedural justice. We seek to establish substantive justice as the cornerstone of our rule of law, as it presents a promising opportunity for enhancing national well-being. The rule of law in Indonesia ought to foster the well-being of its citizens, and for this purpose, the notion of restorative justice, synonymous with substantive justice, is selected. Secondly, investigators lack legal clarity while implementing restorative justice if the participating parties violate the agreement. It may evolve into a complex issue when investigators seek to address broad criminal charges via restorative justice. The restorative justice concept is not acknowledged in general criminal offenses, although being governed by the Police Chief Regulation. Nonetheless, it is perceived that it still fails to offer legal certainty to investigators in the event of a future breach of contract or if the reported party defaults on their commitment or repeats their conduct.
Analysing the Legal Dynamics Involved in the Development of New Renewable Energy in Indonesia, Focussing on Regulations and the Challenges Faced During Implementation Hendra Dinatha; Fauzie Yusuf Hasibuan; Basuki Rekso Wibowo
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.195

Abstract

Energy is an essential requirement for civilisation, and due to the rapid expansion of the population in Indonesia, energy consumption has also experienced a substantial rise. Hence, it is crucial to utilise and enhance the capacity of sustainable energy resources present across the archipelago, including geothermal, hydropower, wind, bioenergy (including bioethanol, biodiesel, and biomass), ocean current energy, nuclear, and solar energy. Indonesia's energy strategy is currently focused on the use of renewable energy to decrease carbon emissions. This is backed by legislation that promotes the development of renewable energy programs under the National Energy strategy. This article evaluates the regulatory factors associated with the advancement of new renewable energy and its influence on the establishment of sustainable energy infrastructure in Indonesia. This research provides a comprehensive legal analysis of the changing regulations surrounding renewable energy. It examines how these regulations affect the establishment of sustainable energy infrastructure and investigates the current legal consequences. The study aims to understand how the regulatory framework can either support or impede the progress of renewable energy development. This research offers valuable insights on the role of legislation in facilitating the shift towards sustainable energy sources in Indonesia. It also sheds light on the potential obstacles and advantages that may arise during this transition.
Political Reconstruction of Justice of Juvenile Criminal Law in the Diversion Mechanism in the Investigation Process Parman Gultom; Fauzie Yusuf Hasibuan; Maryano Maryano
International Journal of Law, Crime and Justice Vol. 2 No. 3 (2025): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i3.756

Abstract

This study examines the political reconstruction of fair juvenile criminal law in the diversion mechanism at the investigation stage in Indonesia. The background of the research departs from the gap between the empirical conditions (das sein) and the ideal conditions (das sollen) mandated by the Law on the Juvenile Criminal Justice System UU SPPA and the principle of the best interest of the child in the Convention on the Rights of the Child. The research method used is normative legal research with legislative, case, and comparative approaches. The results of the study show that the implementation of diversion faces obstacles in substance, structure, and legal culture: procedural uncertainty, limited capacity of apparatus, lack of supporting facilities, and weak coordination across institutions. This research offers a reconstruction of legal politics in these three domains at once substance, structure, and culture so that diversion truly becomes an instrument of restorative justice that restores, not punishes. The scientific contribution of this article lies in the formulation of a multi-layered policy model, the elaboration of performance indicators for the implementation of diversion at the investigation stage, as well as a matrix of operational recommendations for stakeholders at the police, prosecutor's office, court, and child social service institutions.