Articles
<![CDATA[The judicial control over the constitutionality of laws in the State of Palestine ]]>
<![CDATA[Hamad, Ahmed M A]]>;
<![CDATA[Al Amaren, Emad Mohammad]]>;
<![CDATA[Al Mashhour, Omar Farouk]]>;
<![CDATA[Tejomurti, Kukuh]]>;
<![CDATA[Mohd. Anuar, Haslinda binti]]>;
<![CDATA[Halim, Rohizan binti]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 28, No 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v28i2.12900
<![CDATA[This article aimed to explore judicial control over the constitutionality of laws in the State of Palestine. The article problem was represented in the authority involved with judicial control over the constitutionality of laws in Palestine, and what is the legal effect of ruling on the unconstitutionality of specific legislation. The judicial control is meant the constitutional judiciary undertakes to examine the constitutionality of laws and regulations issued by the Legislative Council or the President of State, to determine whether they are in conformity with the constitution or are in violation of it. This article uses normative legal research using the legislation approach and doctrinal approach. The importance of this article is that it has been discussed the legal framework governing judicial control of the constitutionality of laws in Palestine, and sheds light on the concept of judicial control, its mechanisms, nature, and effects to ensure the protection and consolidation of constitutional texts. In order to achieve the objective of this study, the socio-legal research using the qualitative approach was engaged to describe and analyze the opinions of jurists, legal texts, and rulings of constitutional courts in Palestine. Among the most important results that the author reached is that the state of law cannot be established without adopting the principle of judicial control over the constitutionality of laws to protect the legal texts that exist within the constitution, which is the supreme law within the legislative hierarchy.]]>
<![CDATA[The Critical Study of the Omnibus Bill on Job Creation Based on John Rawls View on Justice ]]>
<![CDATA[Tejomurti, Kukuh]]>;
<![CDATA[Sukarmi, Sukarmi]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 6 No 2 (2020): Unnes L.J. (October, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v6i2.41709
<![CDATA[This study aimed to analyze the critical study of The Omnibus Bill On Job Creation based on John Rawls view On Justice. The Government and the House of Representatives ratified the Omnibus Bill on Job Creation through a plenary meeting on October 5, 2020. This is more focused on improving economic growth or investment but does not pay attention to increase the protection and competence of human resources. The type of this research uses normative legal research, legal research that is conducted based on law and regulation, and library material. Related to this type of research, the approach used in this paper is legal, a conceptual approach, and a historical approach. According to the result of research, it can be concluded that the rules of the Omnibus Bill on Job Creation has implications for the imbalance of position between companies and workers and do not provide legal certainty for workers' protection. According to John Rawls, a justice will not sacrifice the rights of some people for the benefits enjoyed by others. Based on the opinion of John Rawls, we can know that if we sacrifice the rights of others for profit is not right. The cooperation based on a work agreement should be of benefit to all parties. These are benefits that can provide welfare to one another. Companies do not need to pay as high as company directors, but companies must be transparent about finances.]]>
<![CDATA[Fintech Remittance Syariah : The Solution of Collection Ziswaf Overseas ]]>
<![CDATA[Pati, Umi Khaerah]]>;
<![CDATA[Tejomurti, Kukuh]]>;
<![CDATA[Pujiyono, Pujiyono]]>;
<![CDATA[Pranoto, Pranoto]]>
<![CDATA[ Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21776/ub.blj.2021.008.02.07
<![CDATA[Indonesian National Amil Zakat Board (BAZNAS) has collaborated with the largest and popular Indonesian payment gateways, e-commerce and crowdfunding fintechs such as ovo, Gojek, Kitabisa.com, Tokopedia.com etc. to optimize the collection of Islamic social funds like Zakah,  infaq (charity spending), waqf (endowment) and sadaqah (voluntary charity) or usually called ZISWAF by depositing Rupiah currency into the e-wallet platform. However, fundraising cross-border ZISWAF stated in Article 16 Law No. 23/2011 on Zakat Management is carried out by Baznas by forming UPZ representatives of the Republic of Indonesia abroad. The power of fintech that might be operated on global scale can be an alternative for ZISWAF international friendly transfers. Based on the Islamic Finance News (IFN) report, as many as 142 Islamic fintechs are available worldwide. Islamic FinTech offers the opportunity to become more applicable to a global Muslims. This article is a normative economic analysis on the basis of secondary data, this study found that the potential for raising ZISWAF funds across several countries is very large especially in countries with many immigrants from Indonesia through international types of fintech services such as remittances and payments that has allowed or collaborated with Bank Indonesia.]]>
<![CDATA[Small Claim Court as the Alternative of Bad Credit Settlement for Legal Certainty of the Economic Actors ]]>
<![CDATA[Pujiyono, Pujiyono]]>;
<![CDATA[Pati, Umi Khaerah]]>;
<![CDATA[Pranoto, Pranoto]]>;
<![CDATA[Tejomurti, Kukuh]]>
<![CDATA[ Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society? ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijals.v3i1.48136
<![CDATA[This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.]]>
<![CDATA[Small Claim Court as the Alternative of Bad Credit Settlement for Legal Certainty of the Economic Actors ]]>
<![CDATA[Pujiyono, Pujiyono]]>;
<![CDATA[Pati, Umi Khaerah]]>;
<![CDATA[Pranoto, Pranoto]]>;
<![CDATA[Tejomurti, Kukuh]]>
<![CDATA[ Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society? ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijals.v3i1.48136
<![CDATA[This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.]]>
<![CDATA[Big Data Analytics Algorithms for Dynamic Pricing: The Legal Analysis of the Indonesia Competitions Law readiness in Digital Era ]]>
<![CDATA[Tejomurti, Kukuh]]>;
<![CDATA[Sukarmi, Sukarmi]]>;
<![CDATA[Santoso, Budi]]>;
<![CDATA[Widhiyanti, Hanif Nur]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.29303/ius.v12i1.1303
<![CDATA[This article analyzes the readiness of Indonesian competition law regarding the utilization of big data and reinforcement learning as tools to improve retailers' pricing strategies, ultimately leading to increased profitability and higher customer engagement and loyalty. It conducts a comprehensive review of scholarly literature pertaining to adaptive algorithmic pricing, with a specific focus on analyzing trends and the impacts of algorithmic pricing strategies. The literature review spans the years 2018 to 2022 and adheres to PRISMA criteria, with academic journals from Scopus serving as the primary source of research papers. The findings of this review indicate that it is evident that the most frequently utilized type of algorithm is RL, that shares a resemblance to human learning processes. Competition law enforcement should consider the possibility of illicit agreements between these artificial agents of colluding companies. In light of the capacity of EAs to facilitate the coordination of illicit agreement, it is imperative to consider the reformulation of Article 5 of Law Number 5 of 1999 and Regulation of KPPU Number 4 of 2011, particularly regarding the classification of price-fixing, to be adjusted to the latest developments, particularly regarding "EAs". ITE Law also should not be limited to EAs merely acting as “tools”. Instead, it should acknowledge their capacity to function as “AI Agents” capable of autonomous action.]]>
<![CDATA[The Effect Of Technological Disruption On The ASEAN Economic Community: An Regulatory Analysis Of Legal Education In Indonesia ]]>
<![CDATA[Tejomurti, Kukuh]]>;
<![CDATA[Hermawan, Sapto]]>
<![CDATA[ Acta Law Journal Vol. 1 No. 1 (2022): December 2022 ]]>
Publisher : <![CDATA[Talenta Publisher, Universitas Sumatera Utara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.32734/alj.v1i1.9897
<![CDATA[The implementation of the provisions of the ASEAN Economic Community (MEA) and the influence of Artificial Intelligence (AI) in analyzing legal issues are essential points that must be considered by legal education in Indonesia. Soekarno thought that education is the main priority to be implemented because it is a determining factor for the development of humanity. There is no way to fix the downturn of the people other than to form an education rooted in humanity's values, principles, and goals. This article discusses the relevance of Soekarno's thoughts regarding the importance of education in facing the rapid development of society and how educators and the legal profession should respond to these developments. AI can not just have the idea to create the latest technological sophistication alone. However, it is necessary to consider its usefulness in the future regarding the concept of the AI system. Concerns arise when people may believe whether AI will reflect human values?]]>
<![CDATA[Fintech Remittance Syariah : The Solution of Collection Ziswaf Overseas ]]>
<![CDATA[Pati, Umi Khaerah]]>;
<![CDATA[Tejomurti, Kukuh]]>;
<![CDATA[Pujiyono, Pujiyono]]>;
<![CDATA[Pranoto, Pranoto]]>
<![CDATA[ Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21776/ub.blj.2021.008.02.07
<![CDATA[Indonesian National Amil Zakat Board (BAZNAS) has collaborated with the largest and popular Indonesian payment gateways, e-commerce and crowdfunding fintechs such as ovo, Gojek, Kitabisa.com, Tokopedia.com etc. to optimize the collection of Islamic social funds like Zakah, infaq (charity spending), waqf (endowment) and sadaqah (voluntary charity) or usually called ZISWAF by depositing Rupiah currency into the e-wallet platform. However, fundraising cross-border ZISWAF stated in Article 16 Law No. 23/2011 on Zakat Management is carried out by Baznas by forming UPZ representatives of the Republic of Indonesia abroad. The power of fintech that might be operated on global scale can be an alternative for ZISWAF international friendly transfers. Based on the Islamic Finance News (IFN) report, as many as 142 Islamic fintechs are available worldwide. Islamic FinTech offers the opportunity to become more applicable to a global Muslims. This article is a normative economic analysis on the basis of secondary data, this study found that the potential for raising ZISWAF funds across several countries is very large especially in countries with many immigrants from Indonesia through international types of fintech services such as remittances and payments that has allowed or collaborated with Bank Indonesia.]]>
<![CDATA[Implementation of Cyber Notary as a Notary Transformation in the Digital Economy Era (Comparative Study of German Notary Law) ]]>
<![CDATA[Handayani, Umi]]>;
<![CDATA[Sulistiyono, Adi]]>;
<![CDATA[Tejomurti, Kukuh]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/jdh.v8i2.45649
<![CDATA[The process of implementing the Cyber Notary concept in Indonesia still faces various obstacles due to the provisions in Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary or abbreviated as UUJN which still applies the principle of " Tabellionis Officium Fideliter Exerbo" and several articles in the UUJN which are still traditional. This article analyzes the opportunities and obstacles to implementing Cyber Notary in the Indonesian legal system in facing the Digital Economy era, and elaborates on the best practices of German notary law which has previously implemented the Cyber Notary concept. This article is a legal research with a socio-legal approach, namely that which is related to law and technology and a comparison of notary law with Germany. The results of this study are that there are still several regulations that hinder the entry of the Cyber Notary concept in Indonesia so that changes are needed to the UUJN and the formation of other regulations that support this concept, but on the other hand there is an opportunity for the Cyber Notary concept to be implemented, as stated in the explanation of Article 15 number (3) of the UUJN which is the entry point for the Cyber Notary concept. In order to make changes to the UUJN, Indonesia can make Germany a rule model because it has previously implemented the Cyber Notary concept and has succeeded in integrating digital technology into Notary practices, such as the use of digital signatures, the use of video conferencing and the storage of electronic document archives.]]>
<![CDATA[Small Claim Court as the Alternative of Bad Credit Settlement for Legal Certainty of the Economic Actors ]]>
<![CDATA[Pujiyono, Pujiyono]]>;
<![CDATA[Pati, Umi Khaerah]]>;
<![CDATA[Pranoto, Pranoto]]>;
<![CDATA[Tejomurti, Kukuh]]>
<![CDATA[ Indonesian Journal of Advocacy and Legal Services Vol. 3 No. 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society? ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijals.v3i2.23077
<![CDATA[This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.]]>
