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All Journal Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Sinomika Journal: Publikasi Ilmiah Bidang Ekonomi dan Akuntansi Journal Evidence Of Law PENA LAW: International Journal of Law LAWPASS International Journal of Educational Qualitative Quantitative Research
Akkapin, Supaphorn
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Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Parate Execution Agianst Third Party Interest From Debtor Default and Creditor Breach Within The Framework Of National Security Law Pranowo, Yusuf; Yuhelson , Yuhelson; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.922

Abstract

This research aims to analyse the implementation of parate execution in the legal system of property security in Indonesia, especially in relation to the protection of third-party rights. Although parate execution is a creditor's right that is legally regulated in legislation, its practice often raises issues of justice, legal certainty, and legal expediency. Third parties, such as heirs or auction buyers, often suffer losses because their rights are not properly considered or protected. This research uses a normative juridical approach by analysing parate execution cases involving conflicts between creditors, debtors, and third parties. The results show that there is injustice in the implementation of parate execution when the rights of third parties are ignored, as well as legal uncertainty due to inconsistent procedures and rules for execution. In addition, the current legal system has not been able to create optimal legal benefits, as third parties often do not receive adequate protection. Based on these findings, the study recommends clearer regulatory reforms and transparent procedures to protect the rights of third parties. This reform is needed to ensure that the implementation of parate execution is fair, provides legal certainty, and produces equitable benefits for all parties involved.
The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia Kirana, Claradyta; Maryano, Maryano; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.937

Abstract

This research examines the legal protection for notaries in exercising their authority, especially when there are allegations of errors in making deeds that can have an impact on criminal or civil lawsuits. The phenomenon of increasing lawsuit cases against notaries indicates the existence of legal uncertainty in this profession, which encourages the urgency of formulating a clearer concept of legal protection. Using the theory of liability, this research analyses the limits of notary responsibility as well as the concept of legal protection that can provide prevention against unfounded claims. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results show that notaries need legal protection that can balance their duties and authorities, especially in relation to the limits of liability and the application of liability. The proposed concept of legal protection covers two aspects, namely preventive and repressive, to ensure that notaries can perform their duties independently and are safe from excessive legal threats. The conclusion of this research is expected to contribute to the formation of legal policies that strengthen protection for notaries and clarify the role of the state in providing guarantees to the integrity of the notary profession in Indonesia.
The Role Of Constitutional Law in Regional Autonomy Deltanto Sarwi Diatmiko, Raden; Djunaedi, O.; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.942

Abstract

This research aims to analyse the influence of constitutional law foundations on the implementation of regional autonomy policies in Indonesia. Using a normative legal research methodology with a statutory approach, this study examines the legal norms governing regional autonomy as well as analyses the authority between the central and regional governments. The results show that the clarity of legal regulations contributes significantly to the effectiveness of regional autonomy, while overlapping authority and weak monitoring mechanisms are obstacles. This study concludes that strengthening regulations and public participation are essential to improve the successful implementation of regional autonomy policies.
Challenges For Capital Market Investors Post Effectiveness UU No.4 Of 2023 Concernng Development and Strengthening The Financial Sector In Indonesia Wulan Wuryandari, Rr. Utji Sri; Surono, Agus; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.971

Abstract

The aims of this study are: firstly, to examine the legal protection of capital market investors after the enactment of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector; and secondly, to examine the implementation of Article 49 paragraph (5) of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector which regulates the authority of the Financial Services Authority (OJK) as the sole investigator in the financial services sector, especially in the capital market field. This study uses normative research methods and a qualitative analysis approach. This study concludes that legal protection for capital market investors cannot fully follow what is regulated and mandated by law in the financial sector. This is hampered by the rejection of judicial review regarding laws in the financial sector. The next conclusion is that Article 49 paragraphs (1) and (5) which regulate the authority of the OJK as the sole investigator in the financial services sector cannot yet be implemented due to Constitutional Court Decision No. 59/PUU-XXI/2023. The Constitutional Court's decision granted the lawsuit so that the investigative authority for criminal acts in the financial services sector continues to involve the Police in addition to the OJK. Because Article 49 of Law No. 4 of 2023 cannot be applied to OJK's authority, so the implementation of its authority continues to follow Law No. 21 of 2011 concerning the Financial Services Authority. Furthermore, this study is aimed at realizing a more comprehensive arrangement in the financial sector, especially in the capital markets sector
EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA: EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA Al, Bintang; Yuhelson, Yuhelson; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.185

Abstract

This study investigates the effectiveness of mediation as a mechanism for resolving business disputes in Indonesia, focusing on its procedural efficiency and impact on the relationships between disputing parties. Employing a qualitative research approach with descriptive normative analysis, the research highlights the legal foundations of mediation established by laws such as Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016, which mandate mediation prior to litigation. The findings reveal that while mediation presents significant benefits, including faster resolution times and cost savings, its effectiveness is contingent on several factors: public awareness, the quality of mediators, and the parties' willingness to engage collaboratively. The study emphasizes the importance of confidentiality, neutrality, and mutual interest as key principles in ensuring a fair mediation process. Despite the challenges faced, such as a preference for litigation and uncertainties regarding the enforcement of mediated agreements, the research indicates that mediation has the potential to enhance business relationships and streamline dispute resolution processes. The insights gleaned from this study not only contribute to the understanding of mediation within the Indonesian legal context but also offer valuable lessons for other jurisdictions aiming to develop their alternative dispute resolution frameworks.
THE ROLE OF THIRD PARTIES IN THE REPAYMENT OF TAX DEBTS: AN ALTERNATIVE SOLUTION FOR STRUGGLING TAXPAYERS: THE ROLE OF THIRD PARTIES IN THE REPAYMENT OF TAX DEBTS: AN ALTERNATIVE SOLUTION FOR STRUGGLING TAXPAYERS Lawe, Dedi Marsudi; Prasetyo, Dedy Ardian; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 2 No. 3 (2025): JANUARY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.199

Abstract

This research discusses the alternative of tax debt repayment by third parties as a solution for taxpayers in Indonesia who experience economic limitations in fulfilling their tax obligations. Amidst the low tax to Gross Domestic Product (GDP) ratio and tax compliance challenges in Indonesia, third-party involvement emerges as an innovative option that can help improve tax compliance and state revenue stability. This research uses normative legal methods with statutory, conceptual, and case approaches, and is analyzed through the lens of welfare state theory, utilitarianism theory, and development law theory. The results show that the involvement of third parties in tax repayment, if based on a valid civil law relationship, can be accommodated in the Indonesian tax system to reduce the burden on taxpayers who are financially incapable. Policy recommendations include the establishment of clear regulations, a strict monitoring system, as well as an updated tax information system to support third-party involvement. The contribution of this research is to provide a legal basis and policy recommendations to create a tax system that is more inclusive, adaptive, and supports the welfare of the wider community.
The Role of The Constitutional Court in Maintaining the Balance of Power in Indonesia Setyawan, Dony; Suganda, Atma; Akkapin, Supaphorn
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The role of the Constitutional Court in maintaining the balance of power in Indonesia is crucial in ensuring the achievement of a democratic and fair system of government. As an institution mandated to safeguard the constitution, the Constitutional Court has the main function of conducting judicial reviews of laws that conflict with the 1945 Constitution, as well as overseeing general and regional elections. In addition, the Constitutional Court also acts as a protector of citizens' constitutional rights, ensuring that economic, social and cultural rights are respected and protected. Through its authority, the Constitutional Court plays an important role in maintaining the principle of checks and balances in Indonesia, preventing abuse of power, and strengthening the system of separation of powers between the executive, legislative and judicial branches. In this context, the Constitutional Court functions as an independent and objective constitutional watchdog institution, which is an important element in maintaining the stability and sustainability of democracy in Indonesia.
The Politicization Of Identity Undermines Indonesian Democracy (Case Study: Jakarta Regional Elections In 2017) Ria Latifa, Dwi; Akkapin, Supaphorn
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The implementation of elections that abuse identity politics by spreading hate speech, hoaxes, slander, and defamation carried out by election participants, their campaign teams, and among the people of each candidate's supporters, began to rampant massively, especially in the election of candidates for the Governor of DKI Jakarta 2017, thus making the implementation of elections in Indonesia polluted, with the emergence of friction between the people of DKI Jakarta and the people throughout Indonesia because he supports a candidate pair who is not the same identity as him. If something like this is allowed and repeated, it can give an open space for division and pitting against the people of Indonesia. The politicization of identity is in the form of politicizing religious and ethnic symbols as a political tool. This study examines three problems, namely first, how to politicize identity from a legal perspective, second, how to enforce the law of identity politicization, and third, how to implement democracy without politicizing identity. The approach methods used in this study are the Legislative Approach, the Case Approach, and the Sociological Jurisprudence Approach. This study utilizes primary and secondary data which are then analyzed qualitatively to interpret the legislation that is the juridical basis for the implementation of elections, especially regional elections in Indonesia. The findings of this research are expected to benefit the implementation of elections in Indonesia in the future, in order to avoid the use of Identity Politics in every campaign period, as well as recommendations to the Government, especially the President of the Republic of Indonesia, the Minister of Law and Human Rights of the Republic of Indonesia and the House of Representatives of the Republic of Indonesia as authorized officials and have the right to take the initiative in making and changing laws. to include phrases and criminal sanctions related to identity politics expressly in articles related to General Elections.
Violation of the Obligation to Use Indonesian Language in International Business Contracts Involving Foreign Legal Entities as Parties under Indonesian Law Retnaningsih, Sonyendah; Rizqi Alfarizi Ramadhan, Muhammad; Akkapin, Supaphorn
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The Indonesian language is the official national language, required for use in all official state documents in Indonesia, as stated in Law No. 24 of 2009 on the National Flag, Language, Emblem, and Anthem. Article 31, paragraph (1) mandates the use of Indonesian in memorandums of understanding (MoUs) or agreements between state organizations, Indonesian government agencies, and private entities. When a foreign party is involved, Article 31, paragraph (2) requires the agreement to be in both Indonesian and the foreign language or English. Presidential Regulation No. 63 of 2019 also emphasizes the use of Indonesian in agreements, allowing foreign languages only as translations to ensure mutual understanding. However, the Supreme Court Circular Letter No. 3 of 2023 complicates this by stating that Indonesian private institutions or individuals cannot cancel agreements made in a foreign language without an Indonesian translation, unless bad faith is proven. This creates inconsistency with the regulations. This research examines two main issues: first, the synchronization of regulations regarding the use of Indonesian in agreements with foreign parties, and second, the legal consequences of agreements that do not use Indonesian. The research uses doctrinal and descriptive methods, with qualitative analysis of secondary data, concluding that agreements not in Indonesian are legally void and may be annulled by the courts.
The Srategic Role of Muhammadiyah: Pluralism, Tolerance and Socialism in Indonesia Masrukhi, Masrukhi; Akkapin, Supaphorn
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

Indonesia is the country with the fourth largest population in the world. Where Indonesia has multi-culture, multi-ethnicity and multi-language. Muhammadiyah has a role in the development of the Indonesian nation, especially in the fields of social and pluralism. In the social sector, Muhammadiyah plays a very strategic role, including providing health facilities and education. Muhammadiyah views tolerance as a form of universal human brotherhood and mutual respect, where pluralism and tolerance are efforts to resolve various national problems. Muhammadiyah agrees with the philosophy of the Indonesian nation; Even though we have different ethnicities and religions, we are still one nation.
Co-Authors Achmad Doradjat, Tubagus Adnan Hamid Agus Surono Al, Bintang Ali Imron Anas, Irfan Cahya Kumala, Yudha Cindya, Cindya Darodjat, Tubagus Achmad Dedy Ardian Prasetyo Deltanto Sarwi Diatmiko, Raden Deswanta, Andi Djunaedi, O. Dwi Budi Santoso Erwin Isharyanto, Johan Etty Susilowati Fadilah Fadilah, Fadilah Fahrurrozie Hidayat, Arief Gutierrez, Grace Hamler, Hamler Idris, Kholik Ismed, Mohamad Kilikily, Nikolas Johan Kirana, Claradyta Kristiawanto, Kristiawanto Lawe, Dedi Marsudi Lestari Sutrisno, Windi Maryano, Maryano Masrukhi Masrukhi Muzakki, Fauzan Napitupulu, Amin Pardomuan Nizam, Ary Nur Widyanti, Amelia Nursamsiah, Ely Osman, Kamisah Pasaribu, Yusuf Hanafi Pranowo, Yusuf Ria Latifa, Dwi Rizqi Alfarizi Ramadhan, Muhammad RR Utji Sri Wulan Wuryandari Setyawan, Dony Shodiq, Md. Sigit Irianto Sonyendah Retnaningsih, Sonyendah Sri Hidayati Sri Mulyani Subri, Anderson Suganda, Atma Susanto, Deny Tan, Michael Lip Thye Wahidin Wahidin Yuhelson Yuhelson Yusuf Hasibuan, Fauzie