Jurnal Ilmiah Hukum LEGALITY
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.
Articles
325 Documents
<![CDATA[RATIO LEGIS OF THE CONSTITUTIONAL COURT DECISION ABOUT IMPEACHMENT: IS IT FINAL AND BINDING? ]]>
<![CDATA[Ma'rifatulloh, Khamim Muhammad]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10155
<![CDATA[Arrangement of the final and binding legal force ‎the decisions of the Constitutional Court's impeachment not previously regulated in legislation. After PMK No 21 Year 21 Year 2009 paragraph (5) is issued, it also raises legal problems related to its material content. The formulation of the research problem is what ratio legislation Constitutional Court No. 21 of 2009 Article 19 Paragraph (5) About Impeachment. This research is a normative juridical approach with a statutory approach, a conceptual approach. The results of this study are to fill in the gaps or incomplete arrangements for the final nature and tie the decisions of the Constitutional Court's impeachment which were previously not in the legislation.]]>
<![CDATA[ANALISIS YURIDIS KEWENANGAN PENYELESAIAN SENGKETA PEMBIAYAAN KONSUMEN DI INDONESIA ]]>
<![CDATA[Wibowo, Afrizal Mukti]]>;
<![CDATA[Sukarmi, Sukarmi]]>;
<![CDATA[Hamidah, Siti]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i1.8957
<![CDATA[Consumer financing disputes can be resolved by litigation and non-litigation. However, the choice of dispute resolution raises an competence dispute between dispute resolution institutions. Thus giving rise to legal uncertainty and losses for the parties to the dispute. The purpose of this study is to analyze the competence of consumer financing dispute resolution institutions in Indonesia. This research is a normative juridical approach with a legal, conceptual and case approach. The results of this study are that each dispute resolution institution has the attribute attributive in resolving consumer financing disputes. The competence to settle consumer financing disputes for each settlement institution must pay attention to two aspects, including the types of consumer financing disputes; and the choice of dispute resolution based on the agreement of the parties.]]>
<![CDATA[KEWENANGAN PEMERINTAH DAERAH DALAM PENGATURAN LARANGAN PENAHANAN ATAU PENYIMPANAN DOKUMEN ASLI PEKERJA OLEH PENGUSAHA ]]>
<![CDATA[Ayuni, Sinda Eria]]>;
<![CDATA[Sudarsono, Sudarsono]]>;
<![CDATA[Anshari, Tunggul]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i1.8962
<![CDATA[The prohibition or recommendation for the detention of workers 'original documents is not clearly stipulated in the labor law so that some employers detain or retain workers' original documents to be made to bind workers. This is permissible if it becomes an agreement between workers and employers, but of course there will be some risks borne by workers if the original documents are guaranteed. In this case a clear and definite rule is needed regarding the prohibition of hold or save of original documents of workers by employers as an effort to protect workers. The government has the authority to make regulations that can protect workers from arbitrary rules made by employers]]>
<![CDATA[THE CRIMINAL LIABILITY OF ARTIFICIAL INTELLIGENCE: IS IT PLAUSIBLE TO HITHERTO INDONESIAN CRIMINAL SYSTEM? ]]>
<![CDATA[Rahman, Rofi Aulia]]>;
<![CDATA[Habibulah, Rizki]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10153
<![CDATA[The pace of technology evolution is very fast. The technology has brought us to the limitless world and becoming our ally in every daily life. The technology has created a visionary autonomous agent that could surpass human capability with little or without human intervention, called by Artificial Intelligence (AI). In the implementation of AI in every area that could be in industrial, health, agriculture, artist, etc. Consequently, AI can damage individual or congregation life that is protected by criminal law. In the current Indonesian criminal system, it just acknowledges natural person and legal person (recht persoon) as the subject of law that can be imposed by criminal sanction. Hitherto and near foreseeable future AI has a notable role in every aspect, which affects also criminal aspects due to the damage resulted. AI has no sufficient legal status to be explained in the Indonesian criminal system. In this paper, the author will assess whether the current criminal system of Indonesia can sue the criminal liability of artificial intelligence, and also will make it clear to whom the possibility of criminal liability of artificial intelligence shall be charged.]]>
<![CDATA[RESTORATIVE JUSTICE APPROACH IN THE SETTLEMENT OF CHILDREN’S CASES IN INDONESIA ]]>
<![CDATA[Sirait, Trinita Yulinda]]>;
<![CDATA[Cahyaningtyas, Irma]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10160
<![CDATA[Restorative justice is a way to resolve criminal cases involving the community, victims, and perpetrators of crime to achieve justice for all parties so that it is expected to create the same conditions as before the crime and prevent further crime. However, implementation is often overlooked in children who commit crimes. The research method used in this study is the normative legal research method with the legislation approach and conceptual approach. This research shows the case of children before the law (ABH) brought in the judicial process must always prioritize the principle of the best interests of children, and the process of punishment is a last resort. Cases can be resolved through informal mechanisms based on standard guidelines. This form of informal handling can be done by diversion through a mediation process facilitated by law enforcement at every level to achieve restorative justice through diversion. Thus, the core of restorative justice is healing, moral learning, community participation and attention, dialogue, forgiveness, responsibility and making changes, all of which are guidelines for the recovery process in the perspective of restorative justice.]]>
<![CDATA[IMPLICATIONS OF POLITICAL PARTY RECALL RIGHTS TOWARD DPRD MEMBERSHIP ]]>
<![CDATA[Rahman, Aulia]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10156
<![CDATA[The concept of recall hegemony to DPRD members to their roles as people's representatives who are representatives of political parties and constituents, can influence the work and performance of DPRD members. Recall rights by political parties can limit the political rights of council members, while shifting people's sovereignty to the sovereignty of political parties. recall procedures for members of the DPRD either through direct political parties or public complaints to the Council's Honorary Board remain through the mechanism of political party decisions. However, there is no legal legitimacy for DPRD members to make legal remedies against recall and guarantee of return of rights if it is proven that it does not fulfill the reason for recall.]]>
<![CDATA[PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUSIA BERDASARKAN TITLE EKSEKUTORIAL ]]>
<![CDATA[Heriawanto, Benny Krestian]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i1.8958
<![CDATA[The existence of collateral institutions is very important for creditors particularly to provide certainty over the fulfillment of their rights. In Indonesia there are several collateral institutions, one of which is fiduciary, as a collateral institution, fiduciaries have advantages and disadvantages, especially in carrying out executions, therefore it is necessary to know how the execution of fiduciary collateral objects, especially executions that are based on executorial titles. This paper is based on normative juridical research, with a legal and conceptual approach. According to the research it can be concluded that based on the provisions of article 30 of the Fiduciary Law, with an executorial title, the creditor is given the right to repossess so that the creditor can directly take the object of fiduciary collateral.]]>
<![CDATA[OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH ]]>
<![CDATA[Pratiwi, Cekli S]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10172
<![CDATA[This study examine first, to what extent the fully restorative justice system could be implemented in the Utah’s JJS and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problem without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.]]>
<![CDATA[PENEGAKAN HUKUM ATAS KETIDAKPATUHAN PERUSAHAAN DALAM MENERAPKAN SISTEM MANAJEMEN KESELAMATAN DAN KESEHATAN KERJA ]]>
<![CDATA[Akbar, Fadli]]>;
<![CDATA[Santoso, Budi]]>;
<![CDATA[Hamidah, Siti]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i1.8953
<![CDATA[PT. Karebet Mas Indonesia Branch of Muara Jawa has mentioned the existence of facilities for personal protective equipment against workers/laborers, but in the implementation of PT. Karebet Mas Indonesia does not all carry out the contents of the agreement and only partially runs for approximately 2 years. The formulation of the problem taken in this reserch is what the obstacles faced by the Manpower and Transmigration Agency of East Kalimantan Province are in enforcing sanctions for companies that do not comply with the occupational health and safety management system. This type of research is empirical juridical with a sociological juridical research approach. The conclusion of this research is the obstacle of the Manpower and Transmigration Office in enforcing the law because the human resources and budgetary funds that do not support and in finding violations of the law on the Manpower and Transmigration Office of East Kalimantan Province are passive.]]>
<![CDATA[LEGAL REGULATION AUTHORITY TO GRANT PERMITS ON THE VENTURE CAPITAL COMPANY ]]>
<![CDATA[Indradewi, Anak Agung Sagung Ngurah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10157
<![CDATA[The authority to grant permits to venture capital companies has a dualism of authority. The Financial Services Authority and the Ministry of Finance both have the authority to give licenses to venture capital companies. It can be seen that there are overlaps or conflicts of authority in this case institutional or legal institutions are authorized to give permission to venture capital companies. A norm of conflict over the authority of granting permission to venture capital companies, namely the Minister of Finance Regulation No. 18 / PMK.010 / 2012 concerning Venture Capital Companies (VCC) in Article 11 paragraph (1) VCCs are established in the form of limited liability companies or cooperatives, Article 12 paragraph (1) Legal entities as referred to Article 11 paragraph (1) the which carry out activities as VCC must first obtain a business permit from the Minister. Whereas the Financial Services Authority (FSA) Regulation No. 34 / POJK.05 / 2015 Concerning Business Licensing and Institutional Venture Capital Companies, in article 3 Paragraph (1) Every party conducting business activities for VCC or Sharia VCC must obtain a business license from the FSA. On the one hand the Ministry of Finance has the authority to issue a Venture Capital Company permit, but on the other hand the Financial Services Authority is also authorized to issue a Venture Capital Company permit. It is understandable that the position of state institutions and / or institutions of the Ministry of Finance with the Financial Services Authority is equal, in this case the same law was born, namely Law Number 39 of 2008 concerning the State Ministry and Law No. 21 of 2011 concerning Institutions Financial Services Authority.]]>
