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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Nagari Law Review Awang Long Law Review Journal of Humanities and Social Studies Pagaruyuang Law Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Syntax Transformation Devotion: Journal of Research and Community Service International Journal of Social Service and Research Interdisciplinary Social Studies Jurnal Impresi Indonesia Indonesian Journal of Multidisciplinary Science Journal of Social Research Journal Of World Science Jurnal Locus Penelitian dan Pengabdian Journal of Comprehensive Science INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Cerdika: Jurnal Ilmiah Indonesia Journal of Social Science Rechtsnormen Journal of Law JURNAL ILMIAH GEMA PERENCANA Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences Lex Librum : Jurnal Ilmu Hukum Cognitionis Civitatis et Politicae Journal of Multidisciplinary Sustainability Asean
Faisal Santiago, Faisal
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Bankruptcy Legal System Reform in Settlement of Debtors’ Debt According to the Bankruptcy law Basri, Herlina; Santiago, Faisal; Zuwanda, Rifka; Yusuf, Hudi; Samiyono, Sugeng
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.567-577.2024

Abstract

According to Law No. 37 of 2004, bankruptcy is the complete seizure of a bankrupt debtor's assets, with the curator managing and settling them under the watchful eye of a supervising judge. There are several conditions for a debtor to be declared bankrupt, including having two or more creditors and not being able to make payments of at least one debt that is due and collectible and can be at his request or the request of one or more creditors. This article discusses the principle of distributing the debtor's assets if a debtor is declared bankrupt. According to Bankruptcy Law Regarding creditor provisions, in bankruptcy, three creditors are guaranteed compensation; the first is a separatist creditor, namely the creditor holding a material guarantee, then the preferred creditor, who has the right to precede because of the nature of his receivables by law is given a special position, and the last is a concurrent creditor—specifically, creditors who do not fall under the categories of favored and separatist creditors. After Article 2 paragraph (1) is explained, it is determined that creditors are concurrent, separatist, and preferential. Separatist and preferred creditors can apply for a declaration of bankruptcy without losing collateral rights to their assets on the debtor's assets and their right to take precedence. The debtor’s assets will eventually be distributed by the portion of the amount of the creditor's credit. This bankruptcy principle means that the debtor's property is jointly guaranteed for all creditors divided according to the principle of balance or “Pari Pasu Prorata Parte”
Legal politics of criminal law against the revival of death penalty as an alternative punishment in the new criminal code Kadir, Abdul; Santiago, Faisal; Achmad, Suparji; Redi, Ahmad
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 9 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i9.902

Abstract

The reform of the death penalty into an alternative crime in the new Criminal Code (Law Number 1 of 2023 pertaining to the Criminal Code) is a long-standing agenda that has been launched by the Indonesian Government. This paper aims to analyze how Indonesian criminal law is currently enforced to determine how it will be implemented in the future. This research focuses on the politics of criminal law and basic freedoms regarding the reform of capital punishment into an alternate crime in Law No. 1 of the Republic of Indonesia (KUHP) 2023. The study is based on literature studies and documentation. The results of this study show that, despite the fact that KUHP is primarily intended to protect society, its application should be cautious and targeted at the offender; consequently, it must be selective, and there should be provisions for conditional death sentences or delaying the execution of the penalty.
Policy construction of the Constitution of the Republic Indonesia political system rergarding the implementation of the president's prerogative in the appointment of ministers in the era of Joko Widodo administration Hendrawati, Sulkiah; Santiago, Faisal; Fakrulloh, Zudan Arif
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 9 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i9.903

Abstract

The prerogative of the President in appointing a minister is defined by the 1945 Constitution. The research uses an empirical legal approach method to analyze the practical implications and real-world applications of constitutional provisions, examining the political and legal impacts of these appointments, and exploring the broader socio-political context of such decisions within the framework of Indonesia's evolving political landscape under President Joko Widodo's administration. This paper focuses on the theoretical and practical implications of the 1945 constitution and the concept of a legal state as the law that serves as the foundation of governance and must be complied with in exercising power, bridges the gap between despotic absolutism and the advanced development of constitutionalism, thus leading to the formation of constitutional law.
Efforts to Protect Victims of Domestic Violence in Divorce Cases in Court Fathiyah, Shofa; Santiago, Faisal
Journal Research of Social Science, Economics, and Management Vol. 3 No. 12 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v3i12.675

Abstract

The number of domestic violence cases continues to increase every year. The majority of the victims of violence are women. The purpose of this study is to determine the protection in the form of fulfilling the rights of domestic violence victims in divorce cases to achieve justice, certainty, and utility. This research uses a qualitative method by employing normative research that examines primary, secondary, and tertiary legal materials and utilizes descriptive analysis. The theory used is the theory of legal objectives, namely justice, certainty, and utility. This study analyzes efforts to protect victims by the domestic violence eradication law. Based on the results of this research, efforts in the divorce process include filing for protection and fulfilling rights, and the implementation of fulfilling the rights of domestic violence victims after divorce is not oriented towards legal certainty and utility as stipulated by the law.
Legal Transformation in Limiting Human Rights in the Dilemma of Preventing Nepotism and Corruption Puja Laksana, Andik; Santiago, Faisal
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2316

Abstract

Legal transformation in restricting human rights (HR) has become a crucial issue in efforts to prevent nepotism and corruption. This phenomenon creates a dilemma between maintaining government integrity and protecting human resources, such as the right to freedom of politics, expression, and work. This study aims to explore how the law in Indonesia has changed in restricting human resources to prevent nepotism and corrupt practices and analyze whether these restrictions are in line with the principles of justice and proportionality. The research method used is normative law, with a legislative approach and case studies. Secondary data were collected through analysis of laws, regulations, and court documents related to corruption and nepotism. The research findings show that legal transformation in Indonesia has resulted in stricter regulations on conflicts of interest; however, in some cases, restrictions on HR are considered excessive, leading to potential violations of individual rights. In conclusion, although there is a need to control nepotism and corruption, it is important for the government to ensure that HR restrictions remain proportional and in line with international standards. The implication of this study is the need for more comprehensive, transparent, and accountable legal reform. The government needs to ensure that any anti-corruption regulations that restrict human rights are based on clear needs and are closely monitored to prevent abuse of power. Public involvement in oversight should also be increased to strengthen legal legitimacy and public trust.
Legal Certainty in Law Number 8 of 2016 Concerning Persons with Disabilities in Industrial Relations Sudradjat, Mohamad Adya Laksmana; Santiago, Faisal
Journal of Social Research Vol. 2 No. 10 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i10.1401

Abstract

Article 1 point 1 of the Law on Persons with Disabilities explains that Persons with Disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations for a long time in interacting with the environment may experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. Based on the description above, the problem is how is the legal certainty of Law Number 8 of 2016 concerning Persons with Disabilities in Industrial Relations? The research method used is normative juridical and empirical juridical. Legal certainty in Law Number 8 of 2016 concerning Persons with Disabilities in industrial relations based on the results of an interview with Mr. Agung as Director of Human Capital PT. Semen Indonesia Group, it can be concluded that there has never been an industrial relations dispute between employees with disabilities and the Company, and to date, there has never been a layoff from the Company. This is by the legal certainty of Law Number 8 of 2016 concerning Persons with Disabilities which requires efforts to regulate law in legislation made by authorized and authoritative parties so that these rules have a juridical aspect that can guarantee certainty that the law functions as a rule that must be obeyed.
Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate Rizalni Kurniawan, Aan; Santiago, Faisal; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.817

Abstract

The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.
Postponement Arrangements of Election From The Perspective of The 1945 Constitution of The Republic of Indonesia Jasi, Askolani; Barthos, Megawati; Santiago, Faisal
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.818

Abstract

Abstract. Provisions regarding the postponement of the implementation of elections have been regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Prior to the election, there have always been efforts from several parties who wished that elections could be held in a direct, public, free, honest, fair, and transparent manner. However, this matter was deliberately brought up, so that the implementation of the General Election could be delayed from the previous schedule for some reason. Nevertheless, the implementation of the Election can be postponed, as long as it does not violate the applicable laws and regulations, and has received legal approval based on the results of a Judge's decision in court. The after-effect of the delay in the implementation of the election itself can end in the need for an amendment to Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Thus, even though it is legal in the eyes of the law if the implementation of the election is postponed, considering the impact that needs to be caused, all parties, starting from elements of the Legislature and Judiciary in making decisions related to the possibility of holding elections properly and correctly, without political elements involved.
Agrarian Law Enforcement In Land Dispute Settlement Endriyana, Riza; Santiago, Faisal; Suparno, Suparno
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.834

Abstract

Land ownership that is unfair to the community will offer opportunities for some parties to act undemocratically by taking land from the community. Conflict is a phenomenon that often occurs in human life, and arises from the conditions of the diversity of social systems. Conflict, no matter how it is seen, is inextricably linked with social existence. Property rights according to Article 20 paragraph (1) of the UUPA, namely hereditary, strongest, and fulfilled rights that people can own over land by considering that all land rights have a social function. The review utilizes a standardizing juridical methodology and the kind of legitimate survey is an extensive investigation of essential lawful materials, optional legitimate materials, and tertiary legitimate materials. The consequences of this exploration are the goal of land debate cases as specified in Regulation Number 51 of 1960, in Article 2 and Article 6 passage (1) letter a, that the utilization of land without consent from the legitimate individual or their lawful intermediary is a disallowed act and undermined with criminal punishments. Nonetheless, in tending to clashes and land debates that emerge, one should take a gander at it according to a few points of view while as yet focusing on equity and not hurting the two players, so it isn't just seen from the side of the inhabitant's activities yet additionally as far as the endlessly utilization of the land by the proprietor if, as far as usage, the land isn't used ideally and even appears to have been dismissed by the proprietor for roughly 15 years. Settlement of questions through consultation through intervention is followed as the way to taking care of land issues, remembering that the fundamental objective of intervention is to determine issues, apply standards or make request, yet in its execution, it should likewise be founded on broad standards
Legal Status of Land Rights of the Former Eigendom Verponding After the Issuance of the Conversion Rules Mahmuddin, Mahmuddin; Bakir, Herman; Santiago, Faisal
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.835

Abstract

Beginning on September 24, 1960, there were not any more western freedoms and standard terrains. The organization no longer exists while the freedoms have been changed over by the BAL into one of the new privileges. In such manner, beginning in 1961 there could have been as of now not any land that its arrangements could be dependent upon European Verponding, Indonesian Verponding, and Lanrente or Land Expense. The assessment endorsements that existed and were held by individuals around then and were not detailed for substitution of new privileges under the UUPA, were still as Eigendom Verponding. In any case, in all actuality, there are still holders of land privileges who after September 24, 1980, still have confirmation of responsibility for freedoms as western privileges and standard freedoms that poor person been changed over, which will create legitimate issues assuming that these are not directed in regulation. To expect lawful issues that emerge because of changes in guidelines in the land area, the public authority through transformation guidelines reaffirmed the lapse of privileges to the place that is known for beginning of the Change of Western Freedoms on September 24, 1980, which is likewise the standard framed in the BAL., to end the legitimacy of the excess Western privileges to land in Indonesia with every one of attributes are not by Pancasila and the 1945 Constitution
Co-Authors Abdul Kadir Achmad, Suparji Aga Kurniawan Agus Supriyanto Ahmad Redi, Ahmad Ahmad Sahroni, Ahmad Alfiani, Francisca Romana Nanik Aljawi, Muhammad Farid Ardiansyah, M. Filusi Ariany, Erry Arief Fakrulloh, Zudan Azis, Miftakul Bagus, Sujoko Bakir, Herman BAMBANG SUJATMIKO Barthos, Megawati Benjamin, Biem Triani Briando, Bobby Budianto, Azis Chandra, Joemarthine Christianty, Eva Nurlaelisa Daniel Balubun, Daud Darmawan, Andri Difa, Aulia Diantama Effendy, D. Andry Endriyana, Riza Enny Kristiani Fahrur Rozi, Agus Fathiyah, Shofa Fathony, Muhammad Fernando, Agung Fonda, Hanif Franata, Hugo S Guspitawaty, Elita Gusti Gede Maha Andika Jaya, I Gustryan, Muhammad Hamdi, Muhammad Arief Hedwin Hanggara, Lalu Herlina Basri Hermawan, Didy Irawanto Israhadi, Evita Isretno Isretno Israhadi, Evita Iwansyah, Iwansyah Jasi, Askolani Karyono, Ario Lutrianto A., Indra M. Zahlan, M. Zahlan Mahmuddin Mahmuddin Mangunsong, Togi M. Marquez, Neilpon Yulinar Marwa, Muhammad Soffa Muchtarom, Achmad Muhamad Rizki Muhammad Hasyim, Muhammad Muhidin Muhidin Nasution, Adhitya Anugrah Nasution, Izhar Zahri Netra, Ade Noval, Cepi Nugroho Marsudianto, Dwi PAngkey, DIcky Yulius Pasaribu, Fajar Ronal Harry Priyanto, Bambang Budi Puja Laksana, Andik Rika Santina Rizalni Kurniawan, Aan Ryandra, Reza S Franata, Hugo Sabungan Sibarani, Sabungan Sagalane, Andra Bani Saka, Risti Salamony, Jetter Wilson Samiyono, Sugeng Sapan, Heber Hombang Sari, Amalia Sarwono, Aditya Pratama Satoto, Endro Setiawan, Dwi Nur Setyawati, Niken Budi Sholih, Muhammad Abdurohman SIAGIAN, AMRIZAL Sirot Sirot, Sirot Sri Inggriani, Sri Sudibyo, Andin Wisnu Sudradjat, Mohamad Adya Laksmana Sugiarto S Sulkiah Hendrawati Sumartono Sumartono Suparno Suparno Susanto, Robertus Hadi Syahputra, M Arif Taufan Soedirjo, Achmad Trihastuti S., Tuti Utami, Widya Wahyu Wijaya, Armen Wiraguna, Sidi Ahyar Wiraputra, Anindito Rizki Wulandari, Evita Vibriana Yanto, Sapta Eka Yudhistira, Dhieno Yudianto, Bambang Yusuf, Hudi Yuswanti, Adillah Yuwono, M. Sunandar Zudan Arif Fakrulloh Zuwanda, Rifka