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All Journal International Journal of Computer and Information System (IJCIS) Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan International Journal of Social Science, Education, Communication and Economics Sinomika Journal: Publikasi Ilmiah Bidang Ekonomi dan Akuntansi Journal Evidence Of Law Siwayang Journal: Publikasi Ilmiah Bidang Pariwisata, Kebudayaan, dan Antropologi PENA LAW: International Journal of Law LAWPASS International Journal of Educational Qualitative Quantitative Research
Akkapin, Supaphorn
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Religion Arts Humanities Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : LAWPASS

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.40

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.42

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.47

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.48

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.
Economic Analysis of the Law on Execution of Fiduciary Guarantees After the Constitutional Court Decision Mulyani, Sri; Irianto, Sigit; Erwin Isharyanto, Johan; Idris, Kholik; Santoso, Budi; Fahrurrozie Hidayat, Arief; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i5.51

Abstract

Under Article 29(1) of Law No. 42 of 1999 on Fiduciary Guarantees (UUJF), the execution of fiduciary collateral objects may only proceed through an executorial title. Creditors, as holders of fiduciary collateral certificates, possess the right to directly execute the collateral if the debtor defaults, as stipulated in Article 15 paragraphs 2 and 3 of the UUJF. This provision formed the basis for a debtor’s petition to the Constitutional Court, resulting in Decision No. 18/PUU-XVII/2019, which favored the debtor by mandating that creditors must execute collateral through the court rather than directly. Subsequently, creditors appealed, leading to Decision No. 2/PUU-XIX/2021, which allowed execution through the District Court as an alternative. This research explores the economic analysis of these legal changes, addressing two primary questions: (1) How does economic analysis of law apply to the execution of fiduciary collateral post-Constitutional Court rulings? (2) Can fiduciary collateral execution be effectively carried out under the Constitutional Court’s decisions? Utilizing Richard A. Posner’s economic analysis of law framework, this empirical normative study employs qualitative methods to assess statutory and case law. The findings indicate that Decision No. 2/PUU-XIX/2021 aligns more closely with economic efficiency compared to Decision No. 18/PUU-XVII/2019. However, the inconsistency between these rulings increases costs and legal uncertainty, adversely affecting the broader economy by complicating credit facilities for businesses.
Legal Consequences of Transferring the Name of Land Certificate on Unpaid Sales Anas, Irfan; Cahya Kumala, Yudha; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 6 (2025): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i6.57

Abstract

This research examines the legal consequences of the transfer of the name of the land certificate in an unpaid sale and purchase transaction. The purpose of this study is to analyze how the process of transferring land rights can occur even though payment has not been fully implemented, as well as to identify the legal implications arising from incomplete payment in land sale and purchase transactions. Through a normative legal analysis approach, this study concludes that the transfer of land rights that have not been paid in full can lead to legal uncertainty, both in relation to the validity of the transaction and the potential for future property rights disputes. Therefore, stricter regulations and better supervision of land transactions that have not met the full payment requirements are needed. This research is expected to contribute to the development of agrarian law and become the basis for more effective policy recommendations in order to provide legal certainty in the transfer of land rights.
Co-Authors Achmad Doradjat, Tubagus ade irma Nahdliyyah, ade Adnan Hamid Agus Surono Al, Bintang Alam, Dippo Ali Imron Amalia Nur Savitri, Firdha Anas, Irfan Ario Fajar, Dwi Cahya Kumala, Yudha Cindya, Cindya Darodjat, Tubagus Achmad Dedy Ardian Prasetyo Deltanto Sarwi Diatmiko, Raden Deswanta, Andi Djunaedi, O. Dwi Budi Santoso Efendi, Tino Feri Erwin Isharyanto, Johan Etty Susilowati Fadilah Fadilah, Fadilah Fahrurrozie Hidayat, Arief Gutierrez, Grace Hamler, Hamler Heri Ariadi Hermawan, Agung Idris, Kholik Ismed, Mohamad Iwan Kurniawan Kilikily, Nikolas Johan Kirana, Claradyta Kristiawanto, Kristiawanto Lawe, Dedi Marsudi Lestari Sutrisno, Windi Linayati, Linayati Maryano, Maryano Masrukhi Masrukhi Mujtahidah, Tholibah Muliasari, Dewi Muzakki, Fauzan Napitupulu, Amin Pardomuan Nizam, Ary Nur Asmah, Nur Nur Widyanti, Amelia Nursamsiah, Ely Osman, Kamisah Pasaribu, Yusuf Hanafi Pranowo, Yusuf Putri, Anggrainy Ria Latifa, Dwi Rizqi Alfarizi Ramadhan, Muhammad Rosita, Putri Aulia 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