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All Journal Socius: Social Sciences Research Journal Indonesian Journal of Law and Justice
Buana, Vaddeli Bagas
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Analisis Yuridis Eksistensi Hukum Homoseksual dalam Peraturan Perundang-Undangan Indonesia Putri, Lorena Andrea; Budimansyah, Afriyadi; Hotimah, Husnul; Dienullah, Muhamad Dhava; Buana, Vaddeli Bagas; Febrianti, Yenny
Indonesian Journal of Law and Justice Vol. 1 No. 1 (2023): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v1i1.1985

Abstract

This research examines the existence of homosexual laws within the framework of legal regulations in Indonesia. The close relationship between law and human rights (HAM) is the main focus, with the issue of homosexuality causing divisions in society. In the context of human rights, universal principles emphasize that every individual has the same rights without discrimination. However, laws and regulations in Indonesia do not yet provide clear guidance regarding the existence of homosexuals. This results in divisions in society. This research uses a normative juridical method with a regulatory and conceptualization approach. The results show that the 1945 Constitution of the Republic of Indonesia and Law of the Republic of Indonesia no. 39 of 1999 concerning Human Rights recognizes human rights without discrimination, but must be in line with religious values, morality and law. Marriage arrangements in Indonesia emphasize marriage as a bond between a man and a woman, based on the principle of belief in one Almighty God. The legalization of same-sex marriage raises various problems, including conflict with religious norms and a decline in birth rates. In the context of criminal law, the spread of ideology that is contrary to Pancasila can be subject to sanctions. Therefore, the movement to legalize homosexuality in Indonesia may face legal obstacles. Indonesian National Work Competencies in the Field of Forensic Audit.Forensic Audit.
Akibat Hukum Perjanjian Pinjam Nama Atas Kepemilikan Tanah WNA dalam Perspektif Hukum Perdata Internasional Clara, Anggi Dwita; Novia, Elsa Ari; Astuti, Retno Dwi; Hotimah, Husnul; Buana, Vaddeli Bagas; Wijaya, Mustika Mega
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 6 (2024): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10523179

Abstract

Based on article 21 of the Basic Agrarian Law which states that only Indonesian citizens can be given permission to own land in Indonesian territory. This normative analytical descriptive juridical research describes an examination of the legal certainty of the Nominee Agreement regarding the legitimacy of the transfer of property rights in accordance with national laws and regulations. The large number of mobilization activities of foreigners in Indonesia, especially in tourist areas, has made many foreigners decide to settle in Indonesia. Due to the large number of foreigners living in Indonesia, legal violations occur. One of them is legal smuggling of name loan agreements which are based on the theory of legal certainty, agreement theory and share ownership theory which are invalid and do not meet the objective requirements in BW. The juridical impact of this name-borrowing agreement is that it creates defects both legally and in terms of the legality of the agreement, thereby facilitating disagreements about who owns the land which will give rise to legal uncertainty and disputes in the future. If one of the parties defaults, there will be no legal consequences in the form of sanctions against the violator because the agreement that is the basis of the agreement violates statutory regulations and violates the law.
Co-Authors Astuti, Retno Dwi Budimansyah, Afriyadi Clara, Anggi Dwita Dienullah, Muhamad Dhava Febrianti, Yenny Husnul Hotimah, Husnul Mustika Mega Wijaya Novia, Elsa Ari Putri, Lorena Andrea