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INDONESIA
Justitia et Pax
Published by Universitas Atma Jaya Yogyakarta
ISSN : 08521883     EISSN : 25413007     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JEP is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in legal field. JEP covers any topics related to Indonesian laws and legal system, spanning from the private and public law and covering various legal approaches, such as the comparative law, sociology of law, legal history and many others. Other contemporary legal studies, such as commercial and business law, medical law, law and technology, natural resources law and Islamic law are also covered. Hence, any contributions from legal scholars and practitioners are appreciatively welcomed.
Arjuna Subject : -
Articles 296 Documents
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PEMBERANTASAN KEJAHATAN TRANSNASIONAL PENYELUNDUPAN BENDA CAGAR BUDAYA MELALUI HUKUM NASIONAL DAN KERJA SAMA INTERNASIONAL Aji Lukman Ibrahim; Rianda Dirkareshza
Justitia et Pax Vol. 36 No. 1 (2020): Justitia et Pax Volume 36 Nomor 1 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i1.3076

Abstract

This research aims to know law enforcement against transnational criminals smuggling cultural heritage objects through national law and to know the efforts of the Indonesian government to return cultural heritage objects from any other country. This study uses normative legal research, data sources in the form of secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data analysis is descriptive-analytical with the statutory approach and conceptual approach. The results showed that law enforcement against transnational criminals smuggling objects of cultural heritage both Indonesian and foreign citizens can be enforced using criminal provisions as regulated in Law Number 11 the Year 2010 concerning Cultural Heritage. This is based on the territorial principle and the passive national principle. The efforts of the Indonesian government to return cultural heritage objects from abroad can be done with diplomacy, Interpol cooperation, buy the Cultural Heritage objects from collectors, exhibitions with other countries and borrowing foreign museum collections for long term to complete the museum collections in Indonesia.
PELAKSANAAN PENAWARAN TENDER DALAM PASAR MODAL DAN AKIBAT HUKUMNYA DI INDONESIA Abigail Frida Christine Chiquita Pasaribu
Justitia et Pax Vol. 36 No. 1 (2020): Justitia et Pax Volume 36 Nomor 1 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i1.3101

Abstract

The problem of Tender Offer is sticking to the surface, among others, because there have been several cases involving the Takeover of a Public Company by another Party, thus causing losses to other Shareholders, especially the Public Shareholders. This study aims to determine the arrangement of Tender Offers in Indonesia and the impact of the Takeover on a Public Company that was taken over. The form of research in the writing of this journal is normative legal research using the statutory approach. The legal materials used are of two types, namely primary legal materials and secondary legal materials. The results of this research are: First, Mandatory Tender Offer is regulated in POJK No. 9/POJK.04/2018. There is a provision that the Controllers must refloate within two years if the share ownership exceeds 80% as a result of the Mandatory Tender Offer. Then, the Voluntary Tender Offer is regulated in POJK No. 54/POJK.04/2015 concerning Voluntary Tender Offer. In general, the background to the Voluntary Tender Offer is that the Target Company plans to be delisted, as well as changing its status to a Private Company (Go Private). Also, the Voluntary Tender Offer can be made if the Bidder wishes to increase its investment portfolio and assesses that the Target Company has the potential to continue to develop in the future. Second, Takeovers can have legal consequences on the status of the company, company controllers, and employment.
PERLINDUNGAN BAGI KELOMPOK AGAMA MINORITAS MENGHADAPI KELOMPOK AGAMA MAYORITAS: STUDI KASUS AHOK DAN MELIANA Elisabeth Sundari; Anna Marieta Simangunsong; Isabelle Valerie; Matheus Nurlatu
Justitia et Pax Vol. 36 No. 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3118

Abstract

Through the case studies, Ahok and Meliana, this research aims to explain how the religious minority try to obtain protection to fulfill human rights when faced with religious majority pressure from the majority group. Normative research will answer the problem by analyzing the process of prosecution, the adjudication, and the punishment for Ahok & Meliana and the demonstration both outside the court and in the trial process demanding severe punishment for the accused of religious blasphemy. The result shows that even though it is difficult to prove directly, the mobilization of the masses in the judicial process can affect judges' independence to provide protection and justice for religious minority. The case of Ahok and Meliana shows how difficult it is for minority religious groups to seek protection against pressure from the majority religious groups because the State and Judges cannot prevent and take firm action against mass pressure from the majority religious groups against minority religious groups. The case such as Ahok and Meliana will occur as long as blasphemy's criminalization is still in effect. If the principle of non-discrimination or commutative justice is applied, and not the principle of protection based on 'partiality for the vulnerable,' the protection for religious minority groups will not be realized fully.
THE STUDY ASSIGNMENT AGREEMENT IN THE PERSPECTIVE OF DISPUTE AGREEMENTS AND RESOLUTIONS St. Mahendra Soni Indriyo; Th. Anita Christiani; Reinardus Budi Prasetiyo
Justitia et Pax Vol. 36 No. 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3142

Abstract

The legal issues in this study are aimed to determine the legal provisions for returning compensation to Yayasan Slamet Riyadi Yogyakarta (YSRY) in an overseas study assignment agreement. Furthermore, this study is to determine and analyze the dispute resolution efforts that best provide a sense of justice for both parties. This research is a normative juridical that uses secondary data and uses qualitative data analysis and deductive conclusion techniques. The results show that First, there is a need for material and good faith guarantees from employees who carry out the assignment agreements. Second, non-litigation efforts need to be done in addition to a litigation effort undertaken by YSRY.
PERANAN MEDIATOR HAKIM DAN MEDIATOR NON HAKIM MELINDUNGI HAK-HAK ANAK DALAM PENYELESAIAN SENGKETA PERCERAIAN Rika Saraswati; V Hadiyono; Yuni Kusniati; Emanuel Boputra
Justitia et Pax Vol. 36 No. 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3164

Abstract

Based on Supreme Court Regulation Number 1 of 2016 on the Mediation Procedurel in Court, mediation is a step that must undertaken before the court hearing process. Therefore, it is important to know the implementation of mediation in Semarang Religious Court and Semarang District Court, especially its role to resolve marriage disputes and child custody cases. The question of the study is how is the role of mediators (both judge and non-judge) in the mediation process of divorce and child custody disputes, and how the role of mediators in implementating of children's rights on the mediation process is. Data was obtained through a documentary research and distributed questionnaires to 3 (three) District Court Judges and 2 (two) Semarang Religious Court Judges, and 3 (three) mediators at Walisongo Mediation Centre (WMC). The findings demonstrated that the role of judge and non-judge mediators in the mediation process of divorce and child custody cases was only as a facilitator. The non-judge mediators held more strict principle of not giving advice in order to maintenance of their neutrality than that of the judge mediators. The mediator has implemented their role by conveying and explaining children's rights, encouraging the parties to put forward the best interests of the child, facilitating women disputant to be able to fight for themselves and their children’s interests and needs, and reminding the obligation of both parties to fulfil the needs and the cost of their children’s lives if divorce was undertaken as a final solution.
AKIBAT HUKUM PENERAPAN PENGATURAN SOLE LIMITED COMPANY NEGARA LAOS DI INDONESIA Jessica Kirana Budi
Justitia et Pax Vol. 36 No. 2 (2020): Justitia et Pax Volume 36 Nomor 2 Tahun 2020
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v36i2.3259

Abstract

Laos has been successful in maintaining high and relatively stable growth for 2 (two) decades.  This continuously developing country also makes Laos as 1 (one) of the 10 (ten) fastest growing economies in the world. Regarding to this, Laos has several types of business organizations in the country, one of them is a limited company. This limited company is also regulated in Indonesian law. Referring to this, it is interesting to conduct research on how the sole limited company is regulated in Laos and what are the legal consequences that will arise if the same regulation of Laos's sole limited company is applied in Indonesia. Based on above, the writer expects the research can provide additional knowledge from the law perspective. Regarding the arrangement of Laos's sole limited company and the legal consequences that could arise if Indonesia using the same concept. This research used normative legal research methods. The conclusion of this research is that a limited company in Laos can turn into a sole limited company if the shareholders are less than 2 (two) persons and can change back into a limited company if the shareholders are at least 2 (two) persons or not more than 30 (thirty) persons. Then the legal consequences are that if Indonesia is using a sole limited company, like Laos, the shareholders are personally responsible and can be sued in the District Court by authorized persons.
ASAS LEGALITAS DALAM PERSPEKTIF FILSAFAT HUKUM Vincentius Patria Setyawan
Justitia et Pax Vol. 37 No. 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3276

Abstract

This article discusses legal issues related to the history and process of the formation of the principle of legality which is a fundamental principle in criminal law in various countries, including Indonesia. Tracing the history and development of the principle of legality shows that the principle of legality is much influenced by the thoughts of philosophers from various countries. The purpose of the principle of legality is to provide guarantees and protection of human rights for citizens from the arbitrariness of the authorities in applying the provisions of criminal law. This research is a normative legal research using a conceptual approach that is grounded in theories / doctrines of legal experts used to answer legal issues / issues in this article. The analysis technique used in the writing of this article is a deductive analysis technique, and uses legal material collection techniques in the form of library research (library research) and internet search (cyber-research). The results of this study are a common thread among philosophers' thoughts which form the basis of the formation of the principle of legality, including in Indonesia which is still valid today in Article 1 paragraph (1) of the Criminal Code.
PERBANDINGAN KONTRAK JUAL BELI ELEKTRONIK MENURUT HUKUM POSITIF DAN HUKUM ISLAM Dimas Dwi Arso; Edytiawarman Edytiawarman; Slamet Muljono
Justitia et Pax Vol. 37 No. 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3278

Abstract

The purpose of this research is to find out and analyze the provisions of Islamic Law in buying and selling transactions in electronic contracts as well as legal protection of the parties in buying and selling transactions via electronic. Normative legal research is used in this study, because this research will examine and analyze various laws and regulations concerning sale and purchase agreements made via electronic based on positive law and Islamic law. The results of the research, namely agreements or transactions electronically in Indonesia, have generally been regulated by positive law, in particular the provisions regarding the engagement set out in Book III of the Civil Code and the Agreement in general, and are regulated in the electronic information and transaction regulation. Whereas in the applicable Islamic law in Indonesia, although this electronic transaction is not specifically regulated, the rules contained in Islamic law can be accommodated in terms of electronic transactions. However, in practice in the field there may be deficiencies related to electronic transaction activities, for example regarding legal protection for consumers / buyers. For this reason, it is necessary to make more specific regulations related to legal protection in terms of electronic transactions, considering that the electronic trading system is always increasing its transaction activities and it is necessary to establish an association of merchants / sellers electronically, especially sellers who use social networking media, so that parties merchand is more detectable.
KEBIJAKAN HUKUM PIDANA TERHADAP MALPRAKTIK MEDIS PADA RUMAH SAKIT Anny Retnowati; Elisabeth Sundari
Justitia et Pax Vol. 37 No. 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3303

Abstract

Malpractice still occurs a lot, both by hospitals and doctors, although there are several legal instruments that regulate hospitals, as well as medical practice with sanctions for violators of health laws. The purpose of this study is to explore the deficiencies that exist in legal policies, and to propose new legal policies in order to optimally prevent and overcome hospital malpractice. The research method used is a normative research method by examining aspects of criminal law in health law concerning malpractice, as well as theories and expert opinions for better legal policy proposals. From the qualitative analysis of primary and secondary legal material data, the following results were obtained: first, there are weaknesses in the health law policy so that it cannot prevent and overcome malpractice optimally, namely incompleteness and lack of clarity regarding the formulation of malpractice and its strict sanctions, as well as a turn towards acts against the law and the limitations of the hospital's responsibility for malpractice committed by doctors or medical personnel. Second, a new legal policy that can be proposed, namely by clearly formulating and detailing the limits of hospital malpractice in health law, accompanied by strict sanctions or accountability both criminal, civil, and administrative, the hospital is also responsible for malpractice committed by doctors with conditions in certain conditions, procedural law must be lex specialis by, for example, imposing strict liability.
LEGAL ASPECTS OF MERGER STUDY ON PT BANK TABUNGAN PENSIUNAN NASIONAL TBK Jesslyn Jesslyn
Justitia et Pax Vol. 37 No. 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3313

Abstract

Mergers and acquisitions have been the driving force of the world economy and have played an important role in the strategies of many companies. To create a healthy, strong, and competitive banking structure, several steps are needed to consolidate banking sector. To realize this vision, Financial Services Authority (OJK) encourages investors and the banking industry to consolidate, including through a merger, one of those is the Merger of BTPN and SMBCI. The purpose of this article is to examine legal aspects in the merger process and procedure as well as the main issues relating to the application of principles in the protection of employees and minority shareholders. The method used to address the problems in this article is normative legal research, which shows that the merger is a horizontal merger by applying the principles of fair dealing and appraisal rights and not forgetting to apply the principle of employee protection.

Page 17 of 30 | Total Record : 296

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