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All Journal Jurnal Akta Jurnal Hukum Lex Generalis
Ali Yusran Gea
Universitas Pembangunan Pancabudi Medan
Law, Crime, Criminology & Criminal Justice

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Problematics of Legal Politics in the Formation of Legislation in Indonesia Ali Yusran Gea
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.42042

Abstract

Legal Politics of Legislation experiences problems both in terms of formation, political aspects, philosophical aspects, sociology and juridical aspects so that the formation of Legislation is greatly influenced by the tug-of-war of interests, both the political interests of the executive power, the political interests of the legislative power and the political interests of the judiciary. The legal implications related to the existence of Legal Politics problems in the formation of Legislation give birth to Legislation that is not of good quality so that the law enforcement process experiences a decline and is not legal certainty. Legislation as the basis for every implementation of government activities where Legislation is a part or subsystem of the legal system. The process of forming Legislation is part of the legal political process and plays a significant role in the development of national law. The formation of Legislation both in the planning, drafting, and discussion stages of the draft Legislation really needs the active role of the community. The problematic factors of legal politics in the formation of legislation include Legal Factors and Non-Legal Factors where legal factors include those that are contrary to the Constitution [1945 Constitution], contrary to the law, overlapping, contrary to legal norms and procedures that are contrary to Law No. 12 of 2011 concerning the Formation of Legislation, while non-legal factors include political factors, economic factors, social factors and cultural factors. Apart from legal and non-legal factors, the content of the legislation is also far from philosophical, sociological and juridical values.
Analisis Konflik Pengaturan Tindak Pidana Penggelapan Objek Fidusia dalam UU Fidusia dan KUHP Ali Yusran Gea
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1701

Abstract

This research discusses the existence of embezzlement crimes against fiduciary collateral objects based on Law Number 42 of 1999 and its comparison with Article 372 of the Criminal Code. In practice, the transfer of fiduciary collateral objects often occurs due to economic pressures, a lack of legal understanding, and the assumption that fiduciary is only a civil matter. In fact, the Fiduciary Law contains criminal provisions in Article 36. This study highlights the dualism of legal regulation that creates legal uncertainty. This research aims to analyze the clarity of norms and legal protection for creditors through a normative legal approach based on Indonesian positive law.
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