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All Journal Jurnal Ilmiah Penegakan Hukum Jurnal Penelitian Hukum De Jure
Eka N.A.M. Sihombing
Universitas Muhammadiyah Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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Eksistensi Paralegal dalam Pemberian Bantuan Hukum bagi Masyarakat Miskin Eka N.A.M. Sihombing
Jurnal Ilmiah Penegakan Hukum Vol 6, No 1 (2019): Jurnal Ilmiah Penegakan Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v6i1.2287

Abstract

The role of paralegals is needed to handle cases of non-litigation and litigation to fulfill the need for legal aid rights for the poor in facing the law, however, the provision of the role of paralegals in providing litigation legal assistance as stated in article 11 and article 12 Minister of Law and Human Rights of Republic of Indonesia number 1 of 2018 concerning paralegals in the provision of legal assistance based on the Supreme Court decision number 22 P / HUM / 2018 was declared contrary to the higher laws and regulations, namely Law Number 18 of 2003 concerning Advocates and hence not generally accepted. Thus, after the Supreme Court's ruling, paralegals can no longer provide legal litigation aid. Advocate are the only professions who are authorized to carry out legal aid in litigation and court 
Konstitusionalitas Tata Kelola Pungutan Otoritas Jasa Keuangan (OJK) Dalam Keuangan Negara Icha Cahyaning Fitri; Yusuf Adiwibowo; Eka N.A.M. Sihombing
Jurnal Penelitian Hukum De Jure Vol 26 No 2 (2026): Edisi Juli
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.2026.V26.127-142

Abstract

This study aims to analyze the mechanisms of fees collected by Indonesia’s financial sector regulator in comparison with other countries, as well as the legality of these fees and the reporting of the OJK’s budget utilization. This study is a normative legal study employing a statutory approach, a conceptual approach, and a comparative approach to the models of financial sector regulatory agencies in Japan and Germany. The results of the study indicate that OJK levies possess the characteristics of public revenue because they derive from state authority, are compulsory in nature, and are used to finance the oversight functions of the financial services sector. However, the regulations governing the use of these levies in Government Regulations have not been fully integrated into the state treasury mechanism, thereby creating a normative inconsistency with the principles of state financial management under Article 23A of the 1945 Constitution of the Republic of Indonesia. This study concludes that the constitutionality of OJK levies requires clarification of their status as part of the state treasury. Therefore, a revision of Government Regulation No. 41 of 2024 is necessary, particularly regarding restrictions on the use of surplus levies across fiscal years, the obligation to deposit surplus levies into the state treasury, and the harmonization of the OJK’s financial reporting system with Government Regulation No. 71 of 2010 on Government Accounting Standards through the separation of reporting for state budget funds and levy funds. Furthermore, all uses of levy funds must be comprehensively audited by the State Audit Agency (BPK) and supervised by the House of Representatives (DPR) to ensure transparency, fiscal accountability, and legal certainty in the management of state finances.
Co-Authors Icha Cahyaning Fitri Yusuf Adiwibowo, Yusuf