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All Journal International Journal of Law Reconstruction JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Konstitusi PATTIMURA Legal Journal
Putri, Luh Putu Yeyen Karista
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Humanities Law, Crime, Criminology & Criminal Justice Other

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Application of Constitutional Court Decision No.18/PUU-XVII/2019 concerning Fiduciary to the protection of Consumer Rights: Konstitusionalitas Eksekusi Jaminan Fidusia dalam Kerangka Perlindungan Hak Konsumen Salvia, Merva Putri; Putri, Luh Putu Yeyen Karista
Jurnal Konstitusi Vol. 21 No. 2 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2127

Abstract

The arbitrariness of creditors in carrying out parate executions is very disturbing and causes material and immaterial losses for debtors, this is because there are inappropriate norms in a quo article in the form of the phrase that the strength of a fiduciary guarantee certificate is equal with a valid court decision. fixed law and the phrase breach of contract. This research aims to describe changes in the implementation of parate execution as regulated in Article 15 paragraph 2 and paragraph 3 of Law 42/1999 before and after the Constitutional Court Decision and the implications of the Constitutional Court decision for the current fiduciary concept. This research uses a type of normative juridical research. The research results show that Article 15 paragraphs 2 and 3 conflict with the 1945 Constitution, this is because the basic norms contained in this Article do not have a single interpretation so they can be misused by creditors against debtors. With the Constitutional Court’s decision regarding the material review of the a quo article, it provides a clear picture of the current fiduciary guarantee mechanism. In order to follow up on justice and equality between debtors and creditors, it is necessary for the government to play a role in regulating it more efficiently.
Enhancing Meaningful Participation in the Law-Making Process in Indonesia: A Comparative Review Antari, Putu Eva Ditayani; Fadli, Moh.; Negara, Tunggul Anshari Setia; Susmayanti, Riana; Putri, Luh Putu Yeyen Karista
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.38535

Abstract

Public participation in forming laws shows variations in their application in Indonesia, the United States and the Netherlands. To find out about the urgency and implementation of public participation in the formation of laws and regulations, normative legal research is carried out based on the legal materials that have been collected. The legal material used is primary legal material related to statutory regulations governing the mechanism for forming statutory regulations. While the secondary legal materials used mainly come from scientific articles published in journals, which discuss popular sovereignty, democracy, community participation, and the mechanisms for forming legislation in various countries. The study results show that the urgency of public participation in the formation of laws and regulations is needed to carry out the teachings of people's sovereignty and democracy in a state, where the highest power lies with the people. Therefore, the people must be involved in forming laws as the legitimacy of government policies. The form of public participation in the formation of laws and regulations in Indonesia is carried out at the stages of preparing academic papers and discussing draft laws and regulations, either through direct participation or representatives.
Implications of District Court Decisions on the Stages of the 2024 Elections: Perspectives on the Indonesian Election System Pangastuti, Inagatha Setyarahma; Salman, Radian; Aris, Mohammad Syaiful; Putri, Luh Putu Yeyen Karista
PATTIMURA Legal Journal Vol 4 No 1 (2025): April 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i1.18257

Abstract

Introduction: The stipulation of Decision Number 757/Pdt.G/2022/PN.Jkt.Pst raises many pros and cons, namely related to the decision to postpone the 2024 elections. Through the Decision, the Central Jakarta District Court decided and adjudicated the Unlawful Acts dispute filed by the Adil Makmur People's Party against the General Election Commission. The Central Jakarta District Court should not have the authority to adjudicate disputes filed by the Adil Makmur People's Party because it violates absolute competence. Purposes of the Research: The purpose of this study is to analyze the position of the Decision and its legal consequences on the people's sovereignty in the electoral system in Indonesia. Methods of the Research: The research methods used are normative legal research methods, with a conceptual approach, a statue approach and a case approach. Results Main Findings of the Research: The research found that (1) the General Election Commission was right to appeal, showing that the 2024 election must be in accordance with the constitution, and (2) the postponement of the election violates the sovereignty of the people, as the election system in Indonesia should be carried out every five (5) years, and does not recognize the term postponing the election.
Asset Seizure Regulations Against Public Officials with Unexplained Wealth (A Comparative Study of the Philippines and Australia) Dewi, Dewa Ayu Susanti; Wulandari, Ni Gusti Agung Ayu Mas Tri; Putri, Luh Putu Yeyen Karista
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 3, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.377-404

Abstract

The Draft Law on Asset Seizure, which includes the concepts of unexplained wealth and non-conviction based (NCB), is a regulation that urgently needs to be passed in Indonesia. This is due to the increasing losses suffered by the state as a result of corruption involving public officials. This legal instrument will strengthen the state's efforts to execute assets derived from corruption without having to wait for a final and binding court decision. Several countries have successfully implemented this concept, including Singapore and the Philippines, in order to accelerate the process of confiscating the assets of corruptors. This study aims to examine the regulations on asset reporting by public officials in uncovering unexplained wealth and to review the regulations on asset confiscation from officials based on unexplained wealth in Indonesia, Australia, and the Philippines. The method used is a normative approach with comparative legal analysis. The results of the study show that Australia, through the Unexplained Wealth Order (UWO), and the Philippines, through Republic Act No. 1379, have regulated the mechanism for seizing assets without waiting for the completion of criminal proceedings. This proves that the NCB approach is effective in combating illegal wealth. The conclusion of this study is that Indonesia needs to immediately pass the Asset Seizure Bill by applying the concepts of unexplained wealth and NCB as in Singapore and the Philippines so that corruption enforcement is more optimal and in line with international practices.
Co-Authors Antari, Putu Eva Ditayani Dewi, Dewa Ayu Susanti Fadli, Moh. Mohammad Syaiful Aris Ni Gusti Agung Ayu Mas Triwulandari Pangastuti, Inagatha Setyarahma Radian Salman Riana Susmayanti Salvia, Merva Putri Tunggul Ansari Setia Negara