International Journal of Law Reconstruction
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
Articles
153 Documents
<![CDATA[THE RELEVANCE OF PANCASILA JUSTICE IN IMPLEMENTING STATE ADMINISTRATIVE COURT DECISIONS ]]>
<![CDATA[Dani Sintara]]>;
<![CDATA[Marzuki Marzuki]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15646
<![CDATA[Administrative law in its development has two dimensions, on the one hand guarantee the realization of state power balance and includes the relationship between the relevant state institutions and on the other hand guarantee the harmonization between the function and duties of the state with the ideals of the nation, it is also clear that the administrative law is a realized media From the concept of limitation of power as it becomes the core of a constitutional democracy, the method of approaching normative juridical, the results of the study stated that the issue of the implementation of the State Administrative Court's court ruling depend on the moral ethics of public officials, has made a state administrative court ruling difficult to exceed in reality in society. Such conditions have contrary to the principle of the Litit of the Oportet which requires every case there must be finally because the purpose of the case of the court to the court is certainly to get a solution. Pancasila justice is a basic principle must be implemented in the decision of the State Administrative Court to realize the certainty of law and justice needed by the community.]]>
<![CDATA[DEBTOR PROTECTION IN PERSPECTIVE OF PANCASILA JUSTICE VALUE ON SEPARATIC CREDITOR EXECUTIONS ]]>
<![CDATA[Widhi Handoko]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15577
<![CDATA[The execution of the execution by separatist creditors without going through court adjudication as stipulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to Pancasila justice. The method used in this research is a non-doctrinal method. Based on the data obtained, it can be seen that the implementation of bankruptcy executions as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture that shows that bankruptcy executions are guaranteed with mortgage rights. Without having to go through an amazing in court, the meaning of the debtor's insolvency should be an examination in court or through amazing regarding the debtor's ability to pay off his debt, not solely based on the analysis and views of the separatist creditors. This is implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, by the view of appreciation for human values or human rights awards in the form of equality before the law to be able to realize a just bankruptcy execution that can protect the interests of separatist creditors while protecting debtors from losses resulting from bankruptcy.]]>
<![CDATA[RESTITUTION RIGHTS AS A CONSTRUCTION OF JUSTICE REFERRING TO THE LAW ON PROTECTION OF WITNESSES AND VICTIMS ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15321
<![CDATA[This study aims to determine the effectiveness of restitution rights regulations for witnesses and victims based on Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims. The provision of restitution which is the right of victims is often neglected, so that victims in their capacity as the aggrieved party do not get the rights that should be as stipulated in legislation. Based on this, this research emphasizes more on the factors that cause the ineffectiveness of regulations regarding restitution rights, as well as how efforts should be made so that victims can get restitution rights in accordance with the value of justice. The research method used in this research isresearch method library with a normative juridical approach that emphasizes secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research state that the factors that cause the ineffectiveness of restitution rights are the victim's ignorance of the existence of the right to retribution and the procedure for filing it, the perpetrators of criminal acts are generally incapacitated, and there is no good faith for the perpetrators of crimes who generally have adequate financial capacity. Efforts that must be made so that victims get the right to restitution is to replace the application of the service model for victims of criminal acts that should position the victim as a subject who needs extra services, as stated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. In addition, the current effort is to make the replacement of the right to restitution as an additional punishment which automatically becomes part of the judge's decision to be implemented immediately.]]>
<![CDATA[THE IMPLEMENTATION OF HUMAN RIGHTS IN LABOUR AND HUMAN TRAFFICKING LAW ON WOMEN ]]>
<![CDATA[Sulistyowati Sulistyowati]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.11295
<![CDATA[This study aims to analyze implementation of human rights in economic field and role of the Government, Educational Institutions and Non-Governmental Organizations in the prevention and control of trafficking in women. How to achieve the goal, is done by empirical studies and documentation studies, to obtain primary and secondary data. This research is descriptive analytical. The approach method used is empirical juridical. Data analysis was carried out in a qualitative descriptive manner. Factors that cause the implementation of human rights in the economic field have not been fully realized because between legal policies and legal implementation have not been running consistently and simultaneously. The realization of human rights in the economic field is still only limited to issues and has not become a concrete implementation. The role of the Government in the prevention and overcoming of trafficking in women is still limited to political will by the issuance of a law that ratifies the ASEAN Convention Against Trafficking in Persons, Especially Women and Children, then followed by Institutional Infrastructure Compilation. The role of Educational Institutions and Non-Governmental Organizations in the prevention and prevention of trafficking in women, has responded with action, prevention and handling of trafficking in women, through the socio-economic empowerment of families and advocacy in handling cases of trafficking in women. The struggle and movement for the achievement of feminism justice, in the economic field is carried out by empowering the family economy, improving education and expanding access to job search for women by utilizing information technology.]]>
<![CDATA[AUTHENTIC NOTARIAL DEED ISSUE OF ATTORNEY POWER APPLICATION TO CHARGE ON MORTGAGE RIGHTS ]]>
<![CDATA[Dahniarti Hasana]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15578
<![CDATA[In progress, if a debtor himself is unable to register Deed of Granting Mortgage Rights application, then he may choose a representative. As a consequence of debtor's absence, deed of giving mortgage rights must be made into Attorney power to Charge for Mortgage Rights deed. This research is a sociological juridical research. the research results obtained In its development Article 96 PMNA/Perkaban No. 3 of 1997 as amended by Perkaban No. 8 of 2012 requires that deed be made in accordance with forms prepared by BPN or the Land Agency. This is clearly at odds with the provisions related to deeds of Article 15 paragraph (1) of Act No. 2 of 2014 which mentions that Notaries are authorized to make authentic deeds, not writing letters or filling in forms such as SKMHT form drafted by BPN. Therefore, it is clear that the current SKMHT has contradicted the provisions of Article 15 paragraph (1) of Act No. 2 of 2014.]]>
<![CDATA[AN ONLINE CREDIT AGREEMENT WITH COLLATERAL IN INDONESIA ]]>
<![CDATA[Ma’ruf Akib]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15484
<![CDATA[Along with the rapid development of information technology which in turn has an impact on economic activity around the world, financial technology is here to provide facilities in the provision of financial services for the community. The ease of convenience offered through unsecured online loans carries the risk of loan defaults made by debtors. The purpose of this research is to find out what is the urgency of the need for collateral as one of the requirements for submitting online loans and how online registration of fiduciary collaterals can be a preventive measure for bad credit in online credit distribution. This study uses a normative-juridical research method. The result of this research is that there is a collateral that the online lending agreement functions as a legal umbrella so that debtors' obligations to creditors are fulfilled so that they avoid default, default, and even investor losses in Fintech P2P Lending activities. The importance of having a fiduciary collateral that is registered in the credit agreement online is to avoid a legal vacuum (rechts vacuum) or legal vacuum (wet vacuum) when there is default or default by the debtor.]]>
<![CDATA[JURIDICAL REVIEW OF BUILDING RIGHTS EXTENSION ON MANAGEMENT RIGHTS ]]>
<![CDATA[Herlina Hanum Harahap]]>;
<![CDATA[Danial Syah]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15580
<![CDATA[The term of Building Use Rights on Management Rights was initially for 50 years in accordance with the provisions of Article 35 of Act No. 5 of 1960 but with the existence of Article 29 of Government Regulation Number 27 of 2014 to five 5 years. This clearly results in the issue of legal uncertainty for holders of Building Use Rights over Management Rights. The method used is normative juridical, the results of research obtained based on the analysis carried out can be seen that so far the arrangement for extension of Building Use Rights over Management Rights cannot be separated from the provisions of Article 35 of Act No. 5 of 1960, namely 30 years which can be extended with an approved for 20 years, with the provision of Article 29 of Government Regulation Number 27 of 2014 on Management of State and/or Regional Property, it has clearly changed the length of time granting Building Use Rights over Management Rights, namely for five years which can be extended with government approval. The provisions of Article 29 of Government Regulation Number 27 of 2014 on Management of State and/or Regional Property have resulted in legal certainty issues and can harm the holders of Building Use Rights above management rights so that it is clear that the provisions including Verordnung & Autonome Satzung have contradicted the provisions.]]>
<![CDATA[A LEGAL AWARENESS OF COPYRIGHT ON REGIONAL SONG CREATORS ]]>
<![CDATA[Muchtar A H Labetubun]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15406
<![CDATA[Copyright as an exclusive right for the creator or copyright holder to carry out the results of his ideas or ideas in the form of specific information or certain. Basically, copyright is the right to copy, adapt or produce a work, copyright is possible for the right holder to limit the copying or in any form without the illegitimate permission of a work, it can be realized by registration copyright, in its application, of course, there are obstacles that exist in the enforcement of copyright law itself. One example is the lack of awareness in registration copyright of songs by the creator. The research objective was to determine and analyze the legal awareness of regional pop songwriters to register their copyright. The research method uses normative research through a conceptual approach and a statue approach. The results show that the composers of regional pop songs know the importance of recording copyright because it is in accordance with the mandate of Act No. 28 of 2014 concerning Copyright and has also participated in the socialization carried out by the Ministry of Law and Human Rights, but songwriters do not record their work. Some songwriters consider that the registration is of no use because, from an economic standpoint, they cannot profit or lose personally, besides that their aspirations have not been fully channeled by the related institutions they shelter in this case the Collective Management Institute. Therefore to decide on the sale of the song's copyrighted work rather than registering it to the Ministry of Law and Human Rights in the Field of Intellectual Property.]]>
<![CDATA[THE CRIMINAL RESPONSIBILITY BY CORPORATE ]]>
<![CDATA[Dwi Wahyono]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15587
<![CDATA[Corporation is the subject of a criminal act. In Indonesia, the statutory regulations that initiated the placement of corporations as subjects of criminal acts and which can be directly accounted for are Act No. 7 the Emergency of 1955 concerning Investigation, Prosecution and Economic Criminal Justice, as subjects of criminal law corporations do not have an inner attitude. Meanwhile, to be criminally accountable, a men's rea/schuld is required. Crimes committed by corporations are very detrimental to society and the state. Meanwhile, the conventional accountability system which is individual, direct, and based on schuld, is difficult to apply to corporations. The purpose of writing is to analyze the corporate liability system to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach (legal approach) and the case approach (case approach), the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception between law enforcers about the criminality of corporations.]]>
<![CDATA[IMPLEMENTATION OF PRINCIPLES IN IDENTIFYING SERVICE USERS REGARDING THE PREVENTION AND ERADICATION OF MONEY LAUNDERING OFFENSE ]]>
<![CDATA[Achmad Sulchan]]>;
<![CDATA[Ida Musofiana]]>;
<![CDATA[A Althof Rusydi]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15492
<![CDATA[The implementation of principles of identifying service users and suspicious financial transaction report submission for profession aims to prevent money laundering offense by postponing transaction, blocking, investigating and temporarily suspending transaction which is carried out by PPATK (Financial Transaction Reporting and Analysis Center). The method used in this study was juridical normative or legal doctrinal research, which is a legal research using secondary data conducted by emphasizing and juridical aspects. Legal-normative research is a library research, which is a research on secondary data including private documents, books, and official documents issued by government. The normative approach emphasized juridical issues regarding the legal rules on money laundering offense. The result of the study of the implementation of the principles in identifying service users regarding the prevention and eradication of money laundering offense isidentifyingservice user while having a business relationship involving suspicious financial transaction related to money laundering offense. The informant questions the validity of information provided by the service user, which necessitate the implementation of the principle of identifying the service user in carrying out banking transaction. The factors promoting the occurrence of money laundering offense in various countries consist of 9 aspects, namely: globalization, technological advancement, banks’ strict secrecy policy, the possibility of saving using an alias or anonymous, the emergence of electronic money, the possibility of layering practice, the confidentiality of lawyer-client and accountant-client relationships, the government unseriousness in eradicating money laundering offense and the lack of money laundering criminalization.]]>
