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All Journal Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Yayuk Whindari
Faculty of Sharia State Islamic University Maulana Malik Ibrahim Malang
Law, Crime, Criminology & Criminal Justice

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Larangan Penyitaan Aset Lembaga Pengelola Investasi Dalam Undang-Undang Cipta Kerja Muhammad Aziz Fauzi; Yayuk Whindari
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 5, No 2 (2022): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/yur.v5i2.15011

Abstract

The conflict of norms that occurred between of Law Number 11 of 2020 concerning Job Creation and Law Number 1 of 2004 concerning the State Treasury and the settlement mechanism. This study uses a normative juridical research method. The results of the study show that there are several indicators that form the basis for the occurrence of norm conflicts. The source of LPI assets is an inseparable part of state property and the laws and regulations that govern it and there is no antecedent that limits state property as assets that are excluded from being subject to confiscation, as well as the payment mechanism with confiscation of state assets contrary to the ratio decidendi of the judge in Constitutional Court Decision Number 25/PUU-VII/2009.
Larangan Penyitaan Aset Lembaga Pengelola Investasi Dalam Undang-Undang Cipta Kerja Muhammad Aziz Fauzi; Yayuk Whindari
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 5 No 2 (2022): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/yur.v5i2.15011

Abstract

The conflict of norms that occurred between of Law Number 11 of 2020 concerning Job Creation and Law Number 1 of 2004 concerning the State Treasury and the settlement mechanism. This study uses a normative juridical research method. The results of the study show that there are several indicators that form the basis for the occurrence of norm conflicts. The source of LPI assets is an inseparable part of state property and the laws and regulations that govern it and there is no antecedent that limits state property as assets that are excluded from being subject to confiscation, as well as the payment mechanism with confiscation of state assets contrary to the ratio decidendi of the judge in Constitutional Court Decision Number 25/PUU-VII/2009.
Co-Authors Muhammad Aziz Fauzi