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All Journal Devotion: Journal of Research and Community Service Jurnal Indonesia Sosial Sains Journal of Social Science
Isretno Israhadi, Evita
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The Efforts to Align Legal Vacancies in Law Number 4 of 2023 to Strengthen the Independence of the Financial Services Authority in Supervising the Financial Services Sector Sarwono, Edi; Isretno Israhadi, Evita
Journal of Social Science Vol. 5 No. 6 (2024): Journal of Social Science
Publisher : Syntax Corporation Indonesia

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Abstract

The legal gap in Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Services Sector is a significant challenge to the effectiveness of supervision of the Financial Services Authority (OJK) in Indonesia. Issues such as unclear definitions, lack of specific provisions, ambiguity in inter-agency relations, and minimal strict law enforcement have resulted in doubts about the implementation of OJK's duties. To overcome these problems, efforts are needed to harmonize through the formulation of clear definitions, the regulation of more specific provisions, and increased coordination between institutions. In addition, providing law enforcement powers and facilitating the preparation of derivative regulations are also important to strengthen OJK's independence. With these alignment steps, it is hoped that OJK can operate more effectively and contribute to the stability of the financial services sector in Indonesia
Dilemma of Legal Protection for TNI Soldiers Due to the Legal Vacuum in Military Administrative Procedure Regarding Litigation Mechanisms and Non-Litigation Options Angling, Angling; Isretno Israhadi, Evita
Devotion : Journal of Research and Community Service Vol. 5 No. 12 (2024): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i12.20693

Abstract

This research addresses the legal vacuum experienced by TNI soldiers due to the absence of a Government Regulation governing military administrative procedural law, as mandated by Law Number 31 of 1997 on Military Justice. The study aims to analyze the impact of this legal uncertainty on soldiers' access to justice, particularly those who feel aggrieved by military administrative decisions, while highlighting real-life examples of the challenges they encounter in pursuing justice. A normative juridical method with a descriptive-analytical approach is employed to examine relevant legal materials, cases, and theoretical frameworks. The results reveal significant legal uncertainty that creates barriers for soldiers to challenge administrative decisions effectively, leading to a lack of clarity in resolving disputes and protecting their rights. The findings underscore the urgent need for policy interventions, including issuing clear and comprehensive regulations on military administrative procedural law and establishing a specialized institution dedicated to handling such disputes. In conclusion, this research emphasizes the importance of addressing the legal vacuum to strengthen the legal system, ensure fairness, and safeguard the rights of TNI soldiers in Indonesia.
Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate Rizalni Kurniawan, Aan; Santiago, Faisal; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.817

Abstract

The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.
Legal Position Between Narcotics Addicts and Narcotics Abusers in the Perspective of Law Number 35 of 2009 Concerning Narcotics Munir, Miftahul; Riswadi, Riswadi; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.836

Abstract

In the overall set of laws in Indonesia, opiates misuse is qualified as a wrongdoing in the opiates area which is controlled in Regulation no. 35 of 2009 concerning Opiates. Opiates wrongdoing is viewed as a type of wrongdoing that has serious ramifications for the eventual fate of this country, obliterating life and the future, particularly for the more youthful age. As indicated by Article 127 passage (1) Regulation no. 35 of 2009, Each individual who mishandles Opiates Classification I for himself will be rebuffed with detainment for a limit of 4 (four) years; Each individual who manhandles Opiates Classification II for himself will be rebuffed with detainment for a limit of 2 (two) years; and Each victimizer of Opiates Class III for himself will be rebuffed with detainment for a limit of 1 (one) year. Concerning what is implied by victimizers are individuals who use opiates without privileges or are illegal. The Opiates Regulation plans to: Guarantee courses of action for clinical and social restoration endeavors for opiates victimizers and fiends", be that as it may, Article 54 of the Law states "Opiates Junkies and Casualties of Opiates Victimizers are expected to go through clinical recovery and social recovery". In light of Article 54, the right of victimizers to get recovery isn't perceived. Moreover, victimizers who get recovery ensures under 4 Regulation no. 35 of 2009, however in Article 127 victimizers are created subjects who can be sentenced and lose their recovery freedoms except if they can be demonstrated or shown to be survivors of opiates. Demonstrating that opiates victimizers are survivors of opiates is a troublesome matter since it should be seen from the start that opiates clients use opiates. Likewise, it is important to demonstrate that opiates clients while utilizing opiates are in a state of being convinced, deceived, misdirected, constrained, as well as taken steps to utilize opiates.
Legal Protection For Teachers In Implementing Student Disciplinary Assignments Sungsang, Jamaluddin; Isretno Israhadi, Evita; Redi, Ahmad
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.837

Abstract

Training is a cognizant and arranged work to make a learning air and educational experience so understudies effectively foster their capability to have profound strength, poise, character, honorable person, and the abilities required without anyone else, society, country, and state. Without schooling that is by public character, the objectives of accomplishing instruction might be satisfied. The critical advancement of the country is the advancement of schooling possessed by the country. The exploration technique utilized is regulating legitimate examination which is expressive investigation. The design is to find the execution of legitimate security for educators in giving discipline to teach their understudies. In light of the consequences of the information examination, it was presumed that Regulation Number 14 of 2005 concerning educators and speakers has rigorously safeguarded the endlessly showing calling, yet at the degree of execution, the force of the law is as yet not seen to have added to the destiny of instructors as teachers. Moves made by instructors to train understudies inside specific cutoff points and are viewed as having satisfactory objectives by everybody can overrule criminal authorizations. Giving lawful security to educators in leading their expert duties is purposed.
Juridical Review of the Mechanism of Asset Return in Corruption as an Effort to Recovery of State Losses Priyanto, Bambang Budi; Santiago, Faisal; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 08 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i08.858

Abstract

The criminal act of corruption is one part of a special crime, in addition to having certain specifications that are different from general crimes, namely with deviations from formal criminal law or procedural law. Corruption cases in this country still occur as if dominating crimes in Indonesia. This research is a descriptive analytical research, namely a study that presents phenomena or symptoms and actual circumstances about the mechanism of financial returns and / or state assets resulting from criminal acts of corruption. Law Number 20 of 2001 concerning the criminal act of corruption which in Article 18 is explained related to additional crimes as one of the efforts to recover State finances, Law Number 7 of 2006 concerning the Ratification of the United Nations Convention Against Corruption 2003 (United Nations Convention Against Corruption 2003) which explains that the seizure of assets of perpetrators of corruption crimes can be carried out through criminal and civil channels, Another regulation is Law Number 1 of 2006 concerning mutual assistance in criminal matters which is the legal basis for the Indonesian government in requesting and/or providing mutual assistance as well as a guideline for making agreements in criminal matters with Foreign Countries. In this case, the return of assets in corruption crimes can be carried out through several channels/instruments, including through criminal, civil and administrative channels.
Co-Authors Ahmad Redi, Ahmad Angling, Angling EDI SARWONO Faisal Santiago, Faisal Miftahul Munir, Miftahul Mustika Eko Yuda, I Wayan Priyanto, Bambang Budi Riswadi Riswadi, Riswadi Rizalni Kurniawan, Aan Sungsang, Jamaluddin