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All Journal Kertha Semaya Jurnal Cakrawala Hukum Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Recital Review Unes Law Review Jurnal Ilmiah Penegakan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Notaire JURNAL RECHTENS As-Syar'i : Jurnal Bimbingan & Konseling Keluarga JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Indonesian Journal of Law and Society Action Research Literate (ARL) Co-Value : Jurnal Ekonomi, Koperasi & Kewirausahaan AJAD : Jurnal Pengabdian kepada Masyarakat Jurnal Kelola : Jurnal Ilmu Sosial International Journal of Science and Society (IJSOC) Jurnal Cakrawala Ilmiah Journal of Economic & Business Law Review Jurnal Ilmu Kenotariatan SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Journal of Private and Economic Law Deposisi: Jurnal Publikasi Ilmu Hukum IIJSE Jurnal Pengabdian Nasional (JPN) Indonesia SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Acten Journal Law Review
Prakoso, Bhim
Jember University
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mathematics Physics Public Health Social Sciences Other

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Perbandingan Hukum Tugas dan Kewenangan Notaris di Negara dengan Sistem Hukum Civil Law dan Common Law Dewatoro Suryaningrat Poetra; Fendi Setyawan; Bhim Prakoso
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.6796

Abstract

A notary is a public official, a person becomes a public official when he is appointed and dismissed by the government and given the authority and obligation to serve the public in certain matters. Notarial institutions recognize two legal steles, namely the Continental (Latin) stelsel with the Civil Law system and the Anglo-Saxon stelsel with the Common Law system. Notarieship as well as regulations related to notarial practice have developed in accordance with time, place and legal politics and legal awareness in their respective countries. The differences and similarities in the nature, function, strength of evidence and implementation of notarial deeds in notarial practice in the two legal systems, especially between Indonesia as a country with a Civil Law legal system and countries with a Common Law legal system are interesting to study, for example Malaysia, England and the United States. In this research, a statute approach, conceptual approach and case approach are used. The statute approach is carried out by reviewing all laws and regulations related to the legal issues being addressed.
IMPLIKASI KEBIJAKAN PEMERINTAH TERHADAP SUBSIDI KENDARAAN LISTRIK DALAM LINGKUP INVESTASI Alif Ardiansyah; Reyka Widia Nugraha; Bhim Prakoso
Jurnal Cakrawala Ilmiah Vol. 3 No. 4: Desember 2023
Publisher : Bajang Institute

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Abstract

International trade is a complex process involving bilateral agreements, subsidies, and balancing acts. The General Agreement on Tariffs and Trade (GATT) and the Agreement on Subsidies and Countervailing Measures (SCM) provide more detailed information regarding subsidies and incentives for exporting goods. The SCM agreement includes subsidies for export goods, such as imports and exports, and for local production towards the country's economic development. Tax holidays are also provided to encourage investment, with subsidies ranging from 50 to 100 percent. The Indonesian government has also introduced a tax holiday for electric vehicles, with a subsidy of IDR 7 million per unit. The 2020-2024 RPJMN (National Medium Term Development Plan) aims to increase science and technology capabilities and innovation in the research process and also encourage economic development for the nation, with a focus on strategic products such as lithium-ion batteries and fast charging systems. These new tax measures aim to boost international trade and local economies by providing financial support to local producers. However, the application of these tax measures may not be uniform across all countries, as some countries may have different tax rates and regulations.
POLITIK HUKUM INVESTASI DALAM PEMBANGUNAN IBU KOTA BARU DITINJAU DARI UNDANG-UNDANG NO 3 TAHUN 2022 Krisna Mukti Pradana; Faisal Samsudin; Bhim Prakoso
Jurnal Cakrawala Ilmiah Vol. 3 No. 4: Desember 2023
Publisher : Bajang Institute

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Abstract

Law Number 3 of 2022 concerning the Capital City (IKN Law) has become the focus of debate due to the lack of public participation and the brief formation process. This study, utilizing a normative juridical method, assesses the legal politics within the IKN Law through a legal and case-based approach. The research results indicate that the involved legal political dynamics have not fully reflected the needs of the society, evident from a superficial analysis of the academic text and indications of formal and material flaws due to hastiness. Remedial measures are necessary, such as fostering more active public participation, conducting in-depth analyses of societal needs, addressing formal and material flaws, enhancing transparency, adjusting the formation timeline, collaborating with stakeholders, periodic evaluations, and educational campaigns. Thus, it is expected that the IKN Law can be more effective, represent the interests of the public, and provide a solid legal foundation for the development of the new Capital City.
INVESTASI ASING DAN FUNGSI HUKUM DALAM MENARIK MODAL ASING UNTUK PEMBANGUNAN EKONOMI Abdul Haris Afianto; Bhim Prakoso
Jurnal Cakrawala Ilmiah Vol. 3 No. 4: Desember 2023
Publisher : Bajang Institute

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Abstract

Foreign investment plays a crucial role in the economic development of a country. To attract foreign capital, the function of law is essential. This abstract will discuss the relationship between foreign investment and the role of law in the context of attracting foreign capital for economic development. Foreign investment can significantly contribute to the economic development of a country, such as increased production, job creation, technology transfer, and improved access to global markets. However, to attract foreign capital, a country must have a stable, transparent, and reliable legal environment. The role of law in attracting foreign investment encompasses several aspects. Firstly, clear and guaranteed investment laws provide legal certainty for foreign investors. This includes protection of property rights, protection against expropriation without fair compensation, and effective dispute resolution mechanisms. Secondly, fair and balanced labor laws provide certainty for investors regarding labor relations with local workers. Protection of workers' rights, freedom of association, and fair labor dispute resolution mechanisms are crucial factors in attracting foreign capital. Thirdly, clear and transparent tax laws provide certainty for investors regarding tax obligations and available fiscal incentives. An efficient and fair tax system can encourage foreign investment. Fourthly, stringent and sustainable environmental laws provide assurance that foreign investments will operate with consideration for the environment. Strong environmental protection and strict enforcement of environmental regulations can enhance investor confidence in the sustainability of their investments. In the context of attracting foreign capital for economic development, a strong and effective legal framework is crucial. A country must have a clear, transparent, and reliable legal environment to create an attractive investment climate for foreign investors. Thus, foreign investment can become a driver of sustainable economic growth and provide benefits for both the host country and foreign investors
KEADILAN BAGI INVESTOR DALAM KEGIATAN INVESTASI ILLEGAL (BINARY OPTION) TERHADAP HUKUM INVESTASI DI INDONESIA Bayu Abdillah; Belva Vidaloka Chrisari; Bhim Prakoso
Jurnal Cakrawala Ilmiah Vol. 3 No. 4: Desember 2023
Publisher : Bajang Institute

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Abstract

This article discusses the issue of justice for investors who have fallen victim to illegal investment practices, specifically binary options, in Indonesia. The author utilizes normative research methods, using both a statutory approach and a conceptual approach, to explore how the investors can obtain compensation and achieve justice. Compensation for victims is established as the responsibility of the offenders, as specified in Article 7 of Law No. 31 of 2014 concerning Witness and Victim Protection. Additionally, consumer protection laws, such as Article 9 paragraph (1) letter k of Law No. 8 of 1999 on Consumer Protection, and Bappebti Regulation No. 3 of 2019 on Commodities, provide further safeguards for investors. By understanding and applying these legal provisions, it is hoped that victims can recover their losses and receive fair compensation.
IMPLEMENTASI PRINSIP NATIONAL TREATMENT DALAM KEBIJAKAN BENTUK USAHA INVESTOR ASING DAN DOMESTIK DI INDONESIA Dian Qobila Belinda; Fivi Faiqotul himmah; Bhim Prakoso
Jurnal Cakrawala Ilmiah Vol. 3 No. 4: Desember 2023
Publisher : Bajang Institute

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Abstract

The main objective of economic development initiatives undertaken by developing countries is to raise and improve the standard of living of their citizens so that they can live like citizens of developed countries. Legal, political and social factors are some of the factors that support the implementation of economic d evelopment. The legal aspect is very important in an effort to create a climate that can encourage economic development and maintain connections in every component and party of economic actors. Investment or investment can be interpreted as the activity of utilizing funds by investing in productive businesses with the hope of obtaining the capital retrieval of the initial funds in the future, so that the owner of funds or capital also gets a number of benefits that will be obtained from investment activities. In the Investment Law, the principle of National Treatment is mentioned in the Explanation of Article 3 Paragraph (1) letter d which reads, "What is meant by 'the principle of equal treatment and no distinction of national origin' is the principle of nondiscrimination services based on the provisions of laws and regulations, both between domestic investors and foreign investors as well as between investors from a foreign country and investors from other foreign countries" and Article 4 Paragraph (2) letter a which reads: "In determining the basic investment policy as referred to in Paragraph (1), the Government a. gives equal treatment to domestic investors and foreign investors with due regard to national interests".
The Legal Certainty of Wakaf Without The Existence of A Wakaf Power Deed Made by The Officer Making The Wakaf Power Deed Bhim Prakoso; Bayu Indra Permana; Isro Vita Nugraningsih; Clarissa Oktaviriya Prakoso
Co-Value Jurnal Ekonomi Koperasi dan kewirausahaan Vol. 15 No. 2 (2024): Co-Value: Jurnal Ekonomi, Koperasi & Kewirausahaan
Publisher : Program Studi Manajemen Institut Manajemen Koperasi Indonesia Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/covalue.v15i2.4515

Abstract

Donating property in Islam is good teaching, and it is even recommended for every capable Muslim individual to do it. This is because waqf is an act that has good characteristics and motivation, namely taqarrub to Allah SWT. This terminology means that a wakif must express his will (to donate his property) to the nazir, namely the waqf expressed orally and in writing. The meaning of the words "spoken orally and in writing" is uncertain or ambiguous regarding the interpretation of these words. This research aims to determine the legal certainty of waqf implementation without a waqf pledge deed made by the official who made the waqf pledge deed. The writing method used is normative juridical with a problem approach using a statutory approach, a conceptual approach, and a historical approach, and data collection techniques using library research. Based on the research results, it can be concluded that the implementation of waqf which is carried out orally without a Waqf Pledge Deed is valid according to sharia and statutory regulations because it fulfills the elements of waqf, but its legal force is weak compared to waqf which is carried out with a written waqf pledge. form of Waqf Pledge Deed. In the future form of regulation, in order to guarantee legal certainty, the meaning or meaning of the waqf pledge must be further clarified the waqf pledge, namely the Waqf Pledge is a statement of the wakif's will which is stated and set out in written form, namely the Waqf Pledge Deed made by PPAIW.
Politik Hukum Investasi Pertambangan di Indonesia Rizqiani Purwaningtiyas R; Diajeng Dwi Oktaverina; Bhim Prakoso
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i1.2230

Abstract

This article discusses the dynamics of the development of mining management policies in Indonesia. Where mining activities in Indonesia itself have been going on for a long time. The study of this article shows mining regulatory policies in Indonesia to date, which have experienced many ups and downs in several regions of Indonesia. Starting from the licensing system, utilization of natural resources, policies towards mine workers and several other things, both national and international companies. The various dynamics of these developments show that mineral and coal mining is always seen as a strategic commodity economic center so it is worth fighting over, especially Indonesia which has a lot of natural resources whether it was once by domestic or foreign entrepreneurs and even recently by the central and regional governments, and the law was then held to support these goals.
Legal Certainty on PPAT Authority in Making Deed Outside of His Location Prakoso, Bhim; Suarda, I Gede Widhiana; Wardana, Dendik Surya
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 4 (2022): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i4.7339

Abstract

This study aims to examine the legal certainty of the PPAT's authority in making deeds outside the area of his domicile. PPAT in carrying out its functions and authorities is limited by the working area, as regulated in PP PPAT in Article 12 paragraph (1) that the PPAT working area is "one working area of the Regency/Municipal Land Office". But then it was changed to one province area.” Based on the article, it is clear that the PPAT's work area has expanded, which was originally in the district/municipality area, now it is in the province. Legal issues studied 1). What is the basis for the amendment to Article 12 paragraph 1 of PP Number 24 of 2016 regarding the PPAT work area? 2). How is the legal certainty of the authority of the PPAT who makes the deed outside the domicile? The results of the study indicate that the expansion of the PPAT working area arrangement into one province as stipulated in Article 12 (1) PP No. 24 of 2016 caused problems due to the absence of implementing regulations. And when there is legal certainty about the authority of PPAT after the issuance of PP 24/2016, there is no implementing regulation in this case a Ministerial Regulation which is expected to be a guideline for PPAT in carrying out its authority. Suggestions in this study are for the government to review PP No. 24 of 2016 with the aim of maximizing the implementation of the rules by PPAT officials.
Legis Ratio of Tax Imposition to the Transfer of Land Rights through Instruction Suarda, I Gede Widhiana; Prakoso, Bhim; Setiawan, Khafid
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 4 (2022): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i4.7338

Abstract

Inheritance is a legal event that occurs when a person dies. Inheritance is the process of transferring inheritance from the deceased heir to heirs who are related by blood and marriage to the heir. When a person dies, this creates a legal consequence, namely how the management and continuation of rights and obligations as a result of a legal event due to the death of a person is regulated by inheritance law. Assets obtained from inheritance receipts are one form of additional economic capacity that can be received by a person as regulated in Law Number 36 Year 2008. Problem formulation 1) What is the basis for imposing Tax on heirs to the object of inheritance? 2). Does the imposition of taxes on heirs meet the principles of justice? The methodology used is normative juridical, with a statutory approach, a conceptual approach, and. historical approach. Conclusion That the taxation legis ratio using this approach is a fundamental basis on a philosophical basis which justifies the state to collect taxes as enforceable in the sense of having authority with coercive power. Taxes have become the backbone of a very dominant development wheel. Whereas the imposition of tax on the heirs on the object of inheritance does not meet the principles of justice and benefit to the heirs, because the heirs are subject to BPHTB twice. Suggestion The government should review the products of legislation related to the imposition of taxes with legal considerations that meet the legal objectives of the purpose of imposing taxes on the community. Especially the regulation regarding the determination of NPOPTKP for objects obtained from inheritance in order to take into account the economy of the community because the income level of the community is different.
Co-Authors Aan Efendi Abdul Haris Afianto Achmad Rofik Adam Bintang Danesa Wijaya Adhitya Wardhono Ainun Najib Al Farizy, Mohammad Rafi Alexsandro Ricardo, James Alif Ardiansyah Amalia, Eka Putri Amalia, Widya Sari Amri, Ahmad Ihsan Ana Laela Fatikhatul Choiriyah Ananta, Radina Widya Anantha, Akmal Ricko Fery Antikowati Antikowati Arinanta, Arya Ayuningtyas, Vica Putri Azzahra, Mutiara Bawamenewi, Apri Yeni Asni Bayu Abdillah Bayu Indra Permana Bayu Indra Permana Belva Vidaloka Chrisari Berliana Ayu Saputri Cahyani, Keren Filosa Choiriyah, Ana Laela Fatikhatul Clarissa Oktaviriya Prakoso Dawud, Abdul Hady Dewatoro Suryaningrat Poetra Dewayani, Nyiur Rahma Dewi indriani Diajeng Dwi Oktaverina Dian Qobila Belinda Dodik Prihatin AN Echwan Irianto Efendi, Aan Elnadia, Salsabillah Rahmah Ermanto Fahamsyah Erzaldi, M Dwiki Fadilah, Iftitah Arya Putri Faisal Samsudin Faizyah, Nadia Nurdiyana Fanny Tanuwijaya Fatmawati, Yeni Fauziah, Rafika Fendi Setyawan Fendi Setyawan Ferdyansyah, Dandy Firmansya, Aditya Alif Fivi Faiqotul himmah Floranta Adonara, Firman Frinaldo, Dimas Seandy Gontha, Chelsea Tiara Hasbullah, M. Afif Himmatul Mahmudah Honainah Honainah I Gede Widhiana Suarda I Wayan Yasa Iga Dewi, Elit Ilmi, Besty Dyah Qorina Innabilla, Mirsya Rifah Aulia Isro Vita Nugraningsih Iswi Hariyani Julian, Alicia Zalwa Khafid Setiawan Krisna Mukti Pradana Kumalasari, Nandya Alfina Laela, Intan Laili, Anneja Maghfirotul Lestari, Dhea Suci Lestari, Ria Nova Agustin Puji Maharany, Adelia Dwifa Mayang Asmara Megaputri, Vincencia Ma’arif, Samsul Misbahul Ilham Misbahul Ilham Moh. Ali Moh. Ali Muhammad Imaduddin Muhammad Imaduddin Naja, Muhammad Hikam Nariswari, Septiya Nasir, M Abd Nasir, M. Abd. Nawu, Maria Natalia Ningsih, Arumiyati Nisah, Ulfatun Nugroho, Fiska Maulidian Nur Fitriah Nurhandini, Valda Sari Oktavia Rahma Permatasari, Intan Permatasari Pramono, Gatot Eddy Puspita, Nabilah Ayu Puspitasari, Michele Stefany Nazwa Puspito, Agung Nugroho Putra, Ido Gustiawan Qori’ah, Ciplis Gema Rachma P. A, Shabrina Rafa, Muhammad Rahmadini, Intan Aulia Rahmanda, Rahadian Ramadhani, Nabila Fajrin Kurnia Reyka Widia Nugraha Rhama Wisnu Wardhana Rizqiani Purwaningtiyas R Rofik, Achmad Safarinda, Rima Dea Saindra, Rafi Dzulfiqar Faiz Salsabila, Adelia Syahara Sari, Pika Sarifudin, Ahmat Septiani, Vira Nadia Setiawan, Khafid Setyawan, Effendi Shafaana, Raihana Aulia Sharfinda, Nisriina Milla Sholehah , Nur' Imami Barokhatus Sifah, Isrina Siti Ayu Rahayu Sonia Candra Dewi Sultonia, Ivone Suud, Hasbi Mubarak Syadzwina, Dhifa Nadhira Syahzanan, Fatimah Tazkiya, Anisa Thaka, Ichan Ryan Ubaidillah, Mohammad Wahjuni, Edi Wahyudiono, Tri Wardana, Dendik Surya Wardani, Amanda Julia Wibowo, Kaisar Belmiro Khalfani Wijaya, Adam Bintang Danesa Wisnuwardhani, Diah Aju Yanuarto, Toto Yoniksa K, Bintang