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All Journal Indonesian Journal of Multidisciplinary Science
Gunawan Djajaputra
Tarumanagara University
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences

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Optimizing The Application of The Presumption of Innocence In Indonesia's Enforcement Against Terrorist Indra Miza; Eriyantouw Wahid; Gunawan Djajaputra
Indonesian Journal of Multidisciplinary Science Vol. 1 No. 3 (2021): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (152.542 KB) | DOI: 10.55324/ijoms.v1i3.39

Abstract

In the law enforcement against perpetrators of criminal acts of terrorism, protection of human rights must be prioritized even though the act constitutes an extraordinary crime which must be condemned regardless of the reasons and motives. The principle of presumption of innocence must also be upheld because the principle of presumption of innocence is a norm or rule that contains provisions that must be implementedby law enforcement officials to treat a suspect or defendant like an innocent person even though the evidence indicates the fault of a suspect or defendant. In the application of the presumption of innocence principle, law enforcers must really be able to implement it even though sometimes in the field implementation there are pro and contra when making decisions to take action against terrorists. Therefore, it is necessary to optimize law enforcement based on the presumption of innocence, both as stated in the Criminal Procedure Code (KUHAP) and the terrorism law so that law enforcement can prioritize the presumption of innocence and can avoid abuse of authority by law enforcement.
Legal Protection on Apartment Units’ Customers with PPJB When the Developer is Failed Hanafi Hanafi; Eriyantouw Wahid; Gunawan Djajaputra
Indonesian Journal of Multidisciplinary Science Vol. 1 No. 6 (2022): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (923.484 KB) | DOI: 10.55324/ijoms.v1i6.113

Abstract

The purpose of this study is to find out the legal protection regulations for buyers, the efforts that buyers of apartment units can take in the form of PPJB if the developer is declared bankrupt and how the law should give rights to the apartment buyers. Research on the above problems was conducted using qualitative methods. The type of research used is normative empirical by using approaches with methods of legal interpretation, legal construction, legal philosophy, legal history, and comparative law, as well as a legal pluralism approach. The data used in this dissertation research are primary and secondary and tertiary data which are analyzed objectively based on existing juridical references in order to obtain answers to the problems. Based on the research results from the problems above, it is concluded that there are several arrangements regarding the protection of buyers/consumers in Indonesian positive law, both from civil law, criminal law, customary law, and Islamic law. Buyers of apartment units can also sue in accordance with Article 3 of the UUK and PKPU, although the process must take a long time. The law should provide an update by adding a clause in the PPJB that objects being traded cannot be included in the bankruptcy budget.
Co-Authors Eriyantouw Wahid Hanafi Hanafi Indra Miza