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INDONESIA
Jurnal Ilmiah Hukum LEGALITY
Published by Universitas Muhammadiyah Malang
ISSN : 08546509     EISSN : 25494600     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international law, islamic law, criminal justice system, and the others field of law as a forum to develop the science of Law. JIHL published by University of Muhammadiyah Malang twice in a year every March and September.
Arjuna Subject : -
Articles 291 Documents
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Study of constitutional court decisions cancelling all norms in the law Febriansyah Ramadhan; Ilham Dwi Rafiqi
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.15434

Abstract

This article is the result of research on the heart article in the 3 Constitutional Court Decisions which canceled the entire contents of the law, namely the Constitutional Court Decision Number 001-021-022/PUU-I/2003 which canceled Law Number 20 of 2002 concerning Electricity, Constitutional Court Decision 006/PUU-IV/2006 which canceled Law 27 of 2004 concerning the Truth and Reconciliation Commission, Constitutional Court Decisions 11-14-21-126 and 136/PUU-VII/2009 which canceled the Law Number 9 of 2009 concerning Legal Education Entities, and the Constitutional Court Decision 85/PUU-XI/2013 which canceled Law Number 7 of 2004 concerning Water Resources. The term 'heart article' is the term coined by the Constitutional Court and used as the main reason for canceling the entire contents of the law. Unfortunately, in these decisions, the Constitutional Court did not elaborate further on the concept and characteristics of an article categorized as the heart article. Departing from this issue, this research aims to find out what are the concepts and characteristics of the "heart article" of a law that was completely canceled by the Constitutional Court? To help answer this question, this research employed a normative method intended to trace all legal materials, both of the Constitutional Court decisions, statutory regulations, to the literature supporting the research. The importance of this research is to give meaning to the concept of the heart article, which, in the development of legal science, is still rarely discussed. Moreover, it can serve as a reference for petitioners to conduct the judicial review and to identify whether the article being tested is the heart article.
The integration of the authority of judicial institutions in solving general election problems in Indonesia Ahmad Siboy
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.15608

Abstract

The authority to adjudicate general election problems/ disputes scattered in various judicial institutions has made the resolution process drawn out and, complicated, creating overlapping powers and the potential for conflicting decisions between judicial institutions. This study examines how the judiciary's authority is regulated in adjudicating election problems, why it is necessary to integrate judicial authority, and how the concept of the judiciary's power is in judging all general election problems. This research aims to map the judiciary's power and find the judicial institution's design with an authority to adjudicate all general election problems. This study used juridical-normative research with a statutory approach, conceptual and case approaches. The results show that the authority to judge general election problems is given to the Constitutional Court, Supreme Court, State Administrative Court, and District Courts of Appeal. The large number of judicial institutions authorized to judge has been proven to be incompatible with general election administration and judicial power administration principles. The authority to adjudicate all election issues must be exercised in one judicial institution. The judiciary that can exercise this authority refers to the Constitutional Court, the Supreme Court, or the exercise can be performed by establishing a remarkable judicial institution.
The ambiguity of dismissal of notary over bankruptcy in Indonesia Rahayu Hartini
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.15677

Abstract

A notary is a public official who has the authority to make authentic deeds and other authorities regulated in-laws and regulations. Notaries are also private legal subjects (natuurlijk persons), which have free will to carry out legal actions. According to the Law on Notarial Positions, a Notary is dishonorably dismissed when (s)he is declared bankrupt. On the other hand, the UUK and PKPU recognize the rehabilitation of bankrupt debtors if they have fulfilled their obligations. This is where there is ambiguity or a fuzzy norm (vegen norm). Legal research aims to find out how bankruptcy is regulated in the notary position, and what are the legal consequences for the position of a notary both as a person and in relation to his/her position as a notary public? This legal research is normative juridical using a statutory approach and a conceptual approach. The legal materials obtained are analyzed using content analysis. The results of the discussion: 1). Notary bankruptcy has been regulated in UUK and PKPU as well as in the Law on Notary Position. 2). The legal consequences for a Notary who is declared bankrupt by the Commercial Court have an impact on the notary's personality, as well as on his position. According to the Law on the Position of Notary Public, if violating Article 84 which results in losses to the parties, the notary is obliged to pay compensation. According to the UUK and PKPU, this could result in the debtor losing the right to act freely on his assets, but not losing the right to perform his/her tasks and hold a position. As a recommendation, in the Law on the Position of Notary Public, it is necessary to clearly define the separation of Notary as a person from her/his position as his profession.
Comparing patent protection in Indonesia with that in Singapore and Hong Kong Lu Sudirman; Hari Sutra Disemadi
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.15680

Abstract

The discovery of technology has a huge impact on the economy of a country, so many countries focus on developing technology and apply this technology in their respective countries. Technological inventions must register patent rights to obtain legal protection to avoid losses that will harm inventors, stimulate creativity in creating new technologies and create fair business competition among companies engaged in technology. This normative research aims to compare patent protection in Indonesia, Singapore, and Hong Kong. The benefit of this research is that it can contribute to scientific literature in the field of patent rights, can provide an overview of the form of patent rights arrangements in several countries outside Indonesia, so as to avoid disputes and/or misunderstandings with other countries. The participation of Indonesia, Singapore, and Hong Kong in ratifying the Convention on the World Trade Organization and the agreement on the Trade Aspects of Intellectual Property Rights (TRIPs) obliges these countries to establish regulations on patents in their respective countries. Although the application of patent law in Indonesia, Singapore, and Hong Kong is based on the terms of the TRIPs agreement, the implementation and regulations must have differences. Patent registration in Indonesia, Singapore, and Hong Kong have the same procedure, namely fulfilling the formal requirements, substantive examination, then the announcement stage. The term of patent protection in Indonesia and Singapore is similar, which is 20 years from the date of filing. However, it is different from Hong Kong, namely from the date of filing. In patent disputes, there are two ways of settlement, namely litigation and non-litigation. Patents in Indonesia, Singapore, and Hong Kong have another similarity, namely that they are transferable and can be licensed. The focus of this research is only to compare the application of patent law and not to examine its strengths and weaknesses, so it is considered important to do further research on this matter.
Indigenous peoples' participation in the management of Balinese cultural tourism Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini; Ni Ketut Sari Adnyani
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.15928

Abstract

The purpose of this research is to examine the participation of indigenous peoples in the management of Balinese cultural tourism and the supporting elements of indigenous people's participation. The type of research used is normative legal research with a statutory approach. The population of this research is 1,495 traditional villages in Bali Province using samples in South Bali and North Bali. The results showed that Ayung Traditional Village as part of the South Bali Region initially did not heed the Tri Hita Karana concept which was in accordance with the provisions of the implementation of Balinese cultural tourism. A comparative study with the Penglipuran traditional village provides input on the participation of the Ayung traditional village in the management of cultural tourism. The supporting elements of cultural tourism management in Bali require approval, readiness, and availability of the space carrying capacity of the Ayung traditional village in relation to the environment. It is important for the local government of Bali Province to coordinate spatial planning with traditional villages in tourism areas because the involvement of traditional villages greatly determines the existence of Balinese cultural tourism by compiling customary village-based spatial planning regulations.
Consumer protection in financial institutions Suwinto Johan; Ariawan Ariawan
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.16382

Abstract

The relationship between financial institutions and customers is like two sides of a coin. On one hand, it is mutually beneficial, but on the other hand, this relationship can lead to mutual harm. Customers of financial institutions have a medium for a long-term relationships. Consumers of financial institutions generally have an average relationship of 24 months. Consumers make loan payments according to the agreed time. Customers will be able to get the right to the collateral if the loan has been paid. Conversely, if customers are unable to pay the installments on time, financial institutions will repose the collateral. From the inception of the loan to the repayment of the loan, the relationship between customers and financial institutions experiences several conditions. This research uses a normative judicial method, aiming to analyze consumer protection of non-bank financial institutions based on the existing laws and regulations. This research will focus on consumer protection from the start of the standard agreement, the fees or expenses charged, to the loan repayment mechanism. This research concludes that the protection of consumers of non-bank finance companies, especially finance companies, is still very weak. Consumer protection for finance companies, especially non-banks, has not been fully accommodated in the existing Consumer Protection Law. Therefore, the authority needs to issue a regulation in protecting the consumer in the financial industry.
Formal genus of the value of justice in Indonesia Sidik Sunaryo
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.16609

Abstract

This research aimed to find the formal genus of the value of justice in Indonesia. As known, justice that holds the sense of plurality universally transcends the boundary of formality of narrative texts in a normative way. The plurality of the value of justice that is laden with universality transforms to the genus of the school of thoughts vis-à-vis justice throughout history. Reduced meaning of justice in the perspective and the process of legislation is not powerful enough to negate the genus of justice that inherently represents the fundamental characteristics of justice. The look of the legislative process attractively reflects the genus of hunger for power intended to justify ambitions among factions in the domain of democracy. The formality in the legislation no longer represents the principle of the definition of the legislation and it is getting further away from the reach of the definition of aspiration, let alone to become an inspiration of the objectives of the state as mandated in the constitution. Holistic approach used in this research to find out the formal genus of justice in Indonesia. This research found that religious matters in the legislation-related authorities have become an acceptable ornament among the piles of the works of morality. The integrity that has become the genus of justice morality has transformed into a collection of texts hanging all over the wall of the national parliament. Religions are used as tools of negotiation in the formulation and the making of narrative texts before they are further transformed into legislation. Religions and powers in legislation are competing to find their point of the genus of normativization as expected by each faction. Law came into existence earlier than expected, leaving behind its umbilical cord like a prematurely born soul, the cord through which the values of justice are transferred from its mother, and these values have the dimension of plurality. Law is born, but since it is separable from its genus, it does not carry much of the meaning of birth.
Transgender viewed from the perspective of positive law, health, and cultures in Indonesia Fifik Wiryani; Nurul Ummah; Mokhammad Najih; Muhammad Nasser; Nur Rohim Yunus
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.16916

Abstract

Transgender people are seen as an abnormal minority group that bends the accepted sexual orientation against the cultures in Indonesia. This trend is also believed to be more prone to diseases. From the perspective of ius constitutum, transgender people are under different protection as set forth in Article 1 paragraph (3) of Law Number 39 of 1999 and Article 28 J of the 1945 Indonesian Constitution. However, the human rights governed are restricted to moral and religious, security, and public order rights. In the view of the positive law, in terms of health, every individual has the right to decide how they should live their life, but health is generally linked to diseases. When it comes to this matter, it can also be deemed inappropriate or deviant. Transgender people may be deprived of society, and they may have narrower room for their day-to-day activities such as mingling in religious activities and society, and even going to the restroom). This sexual tendency could also cause a serious disease like HIV/AIDS and irritate others due to their existence around them. In a different view, transgender people are recognized by the State that attempts to save them from conflicting thoughts of their existence. To conclude, being transgender is an inner disease existing in an individual. Although it is seen as normal by transgender people, this reality is still seen as discomfort by others.
PERLINDUNGAN ANAK PIDANA DI LEMBAGA PEMBINAAN KHUSUS ANAK DALAM PERSPEKTIF MODEL PEMBINAAN ANAK SECARA PERORANGAN Irma Cahyaningtyas
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A child who didn’t get affection they tend to be juvenile and consequence may be able to carry out deviate action which collide with regulation. These child must execute criminal process that will ended to a behavior treatment that will take place in The Juvenile Correction. One of the treatment that exist in The Juvenile Correction is the treatment that actually based to child. Those kind of treatment called the individual treatment model. This paper background by issues, firstly how individual treatment model implementation in The Juvenile Correction; second what kind of constraints which found in the individual treatment model in The Juvenile Correction. Research methods used were 1) juridical empirical method;2) socio legal approach;3)case study in The Juvenile Correction in Kutoarjo. Analysis concerning are explained, first individual treatment model was already known. There were the type of individual treatment model were both religiousness and counseling treatment. But, for implementation that model could not implement properly.
KONFLIK AGRARIA YANG TAK PERNAH REDA Mukmin Zakie
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The ideal goal to be achieved by this country when it declared Law Number 5 of 1960 on the Basic Regulation of Agrarian is the prosperity of society, especially farmers and there is no more conflict. Conflicts before the law is one of them for their legal dualism governing agrarian question. Unification law which regulates the keagrarian expected to answer and give a solution to the conflict over the years. It turns out that the opposite is true, more and more regulations issued with respect to agrarian, it further adds new problems. Changes in the pattern and kareteristik conflict evolves with people's lives, mindset and outlook changed to agrarian particularly land, requires also look for a pattern resolution of the conflict. This paper attempts to it.

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