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<![CDATA[Perlindungan Hukum Terhadap Pihak Ketiga Atas Perjanjian Perkawinan Yang Dibuat Setelah Perkawinan ]]>
<![CDATA[Yudiana Dewi Prihandini]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art9
<![CDATA[This study aims to formulate legal protection efforts for third parties if the marriage agreement is made after the marriage. This is derived from the Constitutional Court Decision Number 69 / PUU-XII / 2015 that defines the marriage agreement to be expandable, so that the marriage agreement is no longer interpreted only as an agreement made before the marriage (prenuptial agreement) but can also be made after the marriage takes place (postnuptial agreement). The Constitutional Court’s decision can lead to legal problems and legal uncertainty for third parties. This relates to the execution carried out by the creditor in the event of an agreement to separate property and unclear parties responsible when there is a default. This research is a normative legal study with the statutory and case approach. This study concludes, firstly, the Constitutional Court Decision Number 69 / PUU-XII / 2015 regarding marriage agreements can lead to rights and obligations and consequences for the parties. Second, in order to guarantee legal protection for third parties, the making and amendment of the marriage agreement should be carried out before a notary, made in good faith by the parties, must be recorded by the marriage registrar.]]>
<![CDATA[Legalitas Rangkap Jabatan Direksi Dan Dewan Komisaris Pada Badan Usaha Milik Negara Yang Berbentuk Perseroan Terbatas ]]>
<![CDATA[Risanti Suci Pratiwi]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art4
<![CDATA[Limited Liability Company (PT) is a common form and is widely used in the business world in Indonesia. As a legal entity means that the company is an independent subject. This means that a PT can carry out business activities on its own behalf like humans, have their own wealth, and can be sued or sued before the court. Even so, PT needs organs that can represent itself to do all of these functions. The organs of PT in question are the general meeting of shareholders (GMS), the directors and the board of commissioners. In carrying out their duties, the three organs of PT above must act in accordance with the interests and objectives of the company so that the actions taken by the organs would not harm the company. The practice of concurrent positions of the directors and board of commissioners is a form of management behavior that is considered as a monopolistic practice. This study concludes that concurrent positions is a practice that is prohibited according to the statutory regulations even though it is not clearly regulated in the Company Law, yet in other regulations such as in the Law on State-Owned Enterprises (BUMN), concurrent positions are indeed prohibited.]]>
<![CDATA[Efektivitas Penegakan Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga Nomor 23 Tahun 2004 Di Yogyakarta ]]>
<![CDATA[Dika Pratama]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art10
<![CDATA[This study aims to determine the level of effectiveness of law enforcement contained in the Law on the Elimination of Domestic Violence Number 23 of 2004 (PKDRT Law) in Yogyakarta. Starting in terms of law enforcement officers, the community and also studies of the PKDRT Law on whether it has been running as expected or there are still obstacles that may cause the law has not been running optimally. The type of research used in this study is sociological-juridical research, namely in dealing with the problems that are discussed based on applicable regulations and then associated with the facts that occur in society. In supporting and completing the secondary data, field research is conducted to obtain the primary data. This study concludes, the effectiveness of the Domestic Violence Act in terms of preventing the occurrence of domestic violence is still hampered by several causes, namely: the focus of the Domestic Violence Act is still focused on the mere enforcement dimension, prevention is still partial, and socialization is not accompanied by rapid response.]]>
<![CDATA[Restrukturisasi Badan Usaha Milik Negara Perbankan Melalui Pembentukan Holding Company Di Indonesia ]]>
<![CDATA[Agus Prasetiyo]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art5
<![CDATA[The purpose of the study is to analyze the aspects, strengths and weaknesses in restructuring State-Owned Banks (BUMN Banks) through the establishment of a holding company in Indonesia. This is a normative legal research with the regulatory approach. The method used in the data collection is by collecting the legals materials and the study of documents. The analysis of legal materials uses the descriptive-qualitative (juridical-normative) approach. Conclusion of the results of the study: First, aspects that need to be considered in the establishment of a BUMN holding company include legal (juridical) and non-legal aspects such as economics and so on. Second, there are more advantages compared to weaknesses in the establishment of a BUMN holding company. This effort is an alternative choice or step to form a strong financial and banking institution in the ASEAN region]]>
<![CDATA[Konsep Tanggung Jawab Sosial Perusahaan Melalui Pendekatan Filsafat Hukum Islam ]]>
<![CDATA[Satria Sukananda]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art11
<![CDATA[Almost all theories, concepts, and practices of CSR are based on cultural values, ethics and beliefs of the western societies, especially Europe and America. Although the concept of CSR is not necessarily fully practiced by companies in all countries, especially for those that have different ethics, cultures and beliefs, such as Islamic companies. The problem that becomes the focus of the study in this research is the concept of CSR which is examined through the philosophical approach of Islamic law. This study applies a normative legal research method with both legislative and conceptual approach. The results show that CSR, when examined through the approach of Islamic legal philosophy with the methods of ta'lili and the Qiyas ijtihad, is indicated that the concept of social responsibility had long existed in Islam even though the Western concept of CSR had only emerged in the fourth wave of business principles in the 1930s. Therefore, the principle of social responsibility that has been outlined in the Al-Qur'an and Sunnah must be used as a guidance for the lives of Muslims in various activities including in Islamic business.]]>
<![CDATA[Problematik Analisis Ekonomi Terhadap Hukum Tindak Pidana Pencucian Uang ]]>
<![CDATA[Ade Riyanda Prasetia Putra]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art6
<![CDATA[Prevention and eradication of money laundering in Indonesia began on 17 April 2002 with the enactment of Law No. 15 of 2002 on Criminal Acts of Money Laundering. In fact, the stages of preventing money laundering were carried out before the law was enacted, but the scope was limited to banks. The purpose of this study is to analyze how is the law enforcement against economic violations in money laundering. The method used is the study of literature from libraries and the internet. The results of the study show that the enforcement of money laundering law or anti-money laundering regime is different from conventional criminal law enforcement. Disclosure of criminal acts and perpetrators of money laundering crimes is more referring to tracing the flow so it is not apparent that the funds originate from acts of illicit funds / money. At present, the eradication of money laundering in Indonesia is regulated in Law No. 8 of 2010 on Prevention and Eradication Criminal Acts of Money Laundering (Law 8/2010). Law No. 8 of 2010 replaces the previous law governing money laundering, namely Law No. 15 of 2002 as amended by Law No. 25 of 2003. Sanctions of money laundering in the form of imprisonment for a minimum of 5 years and a maximum of 15 years and a minimum fine of Rp. 5,000,000,000.00 and a maximum of Rp. 15,000,000,000.00]]>
<![CDATA[Transplantasi Teori Reverse Piercing The Corporate Veil Dalam Perseroan Terbatas Di Indonesia ]]>
<![CDATA[Marzha Tweedo Dikky Paraanugrah]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art1
<![CDATA[The theory of reverse piercing the corporate veil is used by the United States Court to settle disputes between shareholders who use limited liability companies to save their assets in order to avoid suing individual shareholder-creditors. In the future, Indonesia needs to assess the potential application of the theory of reverse piercing the corporate veil in the country through a transplantation mechanism. This research will analyze first, the potential application of the theory of reverse piercing the corporate veil in Indonesia according to the legal transplantation theory and second the method of applying the theory of reverse piercing the corporate veil in Indonesia. This study uses the normative legal research method. The conclusion of this research is firstly, based on the legal transplant theory popularized by Watson, the theory of reverse piercing the corporate veil has the potential to be transplanted in Indonesia. The transplant is based on the existence of legal equality between the United States and Indonesia with limited liability company law. Secondly, the method of implementing reverse piercing in Indonesia adopts the same method as the United States of America, which is reversing the parameters that exist in piercing the corporate veil.]]>
<![CDATA[Analisis Putusan Mahkamah Konstitusi No. 36/PUU-XV/2017 Tentang Hak Angket Dewan Perwakilan Rakyat Terhadap Komisi Pemberantasan Korupsi ]]>
<![CDATA[Bakri Iskandar]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art12
<![CDATA[The issues raised in this article are first, examining the opinion of the Constitutional Court justices in the Constitutional Court Decision No. 36 / PUU-XV / 2017 and second, analyzing the implications of the Constitutional Court Decision No. 36.PUU-XV / 2017 against the existence of the KPK. The research is a normative legal study with the data collection methods of document study and analyzed by using the descriptive-qualitative methods. The results of this study indicate that, First, there are three different opinions in the Constitutional Court Decision No. 36 / PUU-XV / 2017. The first opinion, the KPK is in the realm of executive power so that the DPR has the right to exercise the right of inquiry to the KPK. In addition, until now there are no other state institutions that can control the KPK so that the DPR can use its questionnaire rights to carry out its supervisory functions. The second opinion is that the KPK is an independent state institution outside the legislative, judicial and executive powers. And the third opinion states that the KPK is in the realm of executives who are independent. So that the Parliament can not use the right of inquiry to the KPK. Second, the implication for the existence of the KPK is that the KPK's relationship with political power, especially in the parliament, is increasingly not ideal. Though the KPK was formed as an independent state institution. The relationship between the KPK and political power will be ideal if the election of the KPK chairperson is appointed by its own members and is no longer elected through the DPR.]]>
<![CDATA[Reformulasi Prosedur Perlindungan Dalam Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga Yang Tidak Efektif ]]>
<![CDATA[Aroma Elmina Martha]]>;
<![CDATA[Endah Rizki Ekwanto]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art7
<![CDATA[Law No. 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT) explains that domestic violence (KDRT) is an act against a person - especially a woman - which results in physical, sexual, psychological, and/or neglect of the household including threats to commit acts, coercion or deprivation of liberty unlawfully and within the scope of the household. Thus UU PKDRT is a guarantee offered by the state to prevent, protect, and follow up on perpetrators of domestic violence, but it is not effective. This research aims to examine the ineffectiveness and seek the appropriate reformulation of the articles. This is a juridical-sociological research using the analysis approach on UUKDRT. The results of this study indicate that there are inefficiencies in the articles contained in the UUPKDRT, especially in terms of protection caused by several factors both from the community itself and from law enforcement officials.]]>
<![CDATA[The Pro’s And Con’s Of Arbitration: A Study Of International Arbitration With Perspective Of Indonesian And Korean Law ]]>
<![CDATA[Akhmad Al-Farouqi Sastrowiyono]]>
<![CDATA[ Lex Renaissance Vol 4 No 2 (2019): JULI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss2.art2
<![CDATA[Essentially, everyone wants their business torun well and smoothly, but dispute in the international business dealings can always happen, as internationalization generates new risks. Compared to disputes between domestic entities, international business dispute shave extra problem sincluding various jurisdictions, diverse legal systems and tradition, different procedures and oftenin volving more than one language. Arbitration is one of the way to settle the dispute but there are always pros and consaboutit. This will discuss about the advantages and disadvantages of arbitration from the point of view of both Indonesian and Korean Law, by using the normative-juridical method. In which the results conclude that there are important practical differences between litigation and arbitration from which the disputing parties can choose which settling way would they prefer according to the avantages and disadvantages.]]>
