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<![CDATA[Tinjauan Yuridis Mengenai Pengawasan Terhadap Pedoman Perilaku Penyiaran Platform Media Sosial Di Indonesia ]]>
<![CDATA[Elwindhi Febrian]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art5
<![CDATA[The purpose of this study is to examine and analyze the supervision of code of conduct in broadcasting on social media platform based on the laws and regulations in Indonesia and to identify the law that regulates broadcasting on social media platforms considering both broadcasting and platform are regulated under different laws. The results of the study conclude that supervision of code of conduct in broadcasting on social media platform is carried out by the Ministry of Communication and Information with reference to the prohibitions regulated in Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law). Broadcasting on social media platform has different characteristics from the definition of broadcasting stipulated in the Broadcasting Law. Based on the origin of lex specialis, ITE Law is more dominant in regulating broadcasting on social media platform hence the broadcasting code of conduct and the implementation of sanctions are still subject to the provisions stipulated in the ITE Law and its derivative regulations.]]>
<![CDATA[Pelindungan Hukum Atas Perbuatan Adaptasi Naskah Yang Dilakukan Oleh Sutradara Dalam Pertunjukan Teater ]]>
<![CDATA[Ahmad Muhsin]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art11
<![CDATA[This study aims to analyze the protection of copyright law in Indonesia. The object of the study is a theater script adapted by the director in a theater performance in Yogyakarta. The formulation of the problem posed in this research is, how is the legal protection for the copyright of theater scripts that are adapted by the director in theater performances according to the Copyright Law? This study applies normative method that uses statutory and conceptual approach. The result of the study concludes that theater scriptwriters should have legal protection for their scripts that are adapted into theater performances. There are a number of factors that influence the legal protection of a written text adapted into a theater performance, namely the legal regulations, law enforcement factors, and cultural factors.]]>
<![CDATA[Tanggung Jawab Direksi Pada Perseroan Terbatas Milik Badan Usaha Milik Negara ]]>
<![CDATA[Tasya Nailul Fikriya]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art6
<![CDATA[This study focuses on the responsibilities of the Board of Directors in the event of a financial loss to a limited liability company in the form of State-Owned Enterprises (BUMN). The purpose of this research is to identify two issues, first, the legal responsibility of the company directors in a Limited Liability Company (PT), and second, whether the loss of the management of a Limited Liability Company can be seen as a loss to the State. The method used is normative juridical. The results of the study concluded that the legal responsibility of the company directors in a Limited Liability Company (PT), is based on the principle that each member of the Board of Directors is fully responsible personally for the loss of the Company if the person concerned is guilty or negligent in carrying out his duties. Separation of state assets from the State Revenue and Expenditure Budget (APBN) to be subsequently used as capital in BUMN (company), does not cause a break in the legal relationship between the state and the BUMN, given the state's position as a legal subject that owns shares (majority) in BUMN in the form of a company.]]>
<![CDATA[Formulasi Pengaturan Intersepsi Dalam Pemberantasan Korupsi Di Era Digital Oleh Kejaksaan Republik Indonesia ]]>
<![CDATA[Rudi Dwi Prastyono]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art1
<![CDATA[This study aims to construct legal reform in the disclosure of cases of corruption which tend to be massive and hidden. This study aims to reach the formulation of regulation of corruption case disclosure in the digital era in the form of a strategy to eradicate corruption by using the interception method by the Prosecutor's Office in accordance with the laws and regulations after the Constitutional Court decision Number 5/PUU-VIII/2010. This research uses normative methods through laws and regulations, books and documents. The results of the study conclude, first, that the interception authority in the digital era by prosecutors as investigators, investigators, public prosecutors and executors in eradicating corruption has not received legal legitimacy, so that with the broad authority of the Attorney General's Office and the structure that has been spread throughout Indonesia, it is now necessary supported by the interception authority. Second, the formulation of interception regulation for prosecutors in the future needs to be regulated in a statutory level, and regulated in detail in order to accommodate and limit the authority of law enforcement officials, especially prosecutors in conducting interception.]]>
<![CDATA[Jual Beli Hak Atas Tanah Berdasarkan Akta Kuasa Menjual Notariil ]]>
<![CDATA[Dwi Hartiningsih]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art12
<![CDATA[This research examines the sale and purchase of land rights based on the notarial power of attorney to sell in Magelang Regency. The problems formulated are first, what has been the consideration of the Magelang Regency National Land Agency (BPN) to limit the validity of the notarial deed stating capacity to selling; and second, how is the settlement made by PPAT in relation to the sale and purchase of land based on the notarial power of attorney to sell which is limited by BPN. This is a normative-empiric research supported by information obtained from the respondents and analysed using statutory and conceptual approach with qualitative descriptive method. Hence in this study, primary and secondary legal materials were used. This research concludes that first, BPN's consideration in limiting the validity period of the power of attorney to sell power deed has no legal basis but only based on the precautionary principle, in implementing this principle, however, BPN has not carried out any socialization steps to the public in general and notaries in particular, so that future similar problems may be solved quickly and accurately and does not deviate from the existing norms and/or regulations. Second, the steps taken by PPAT in resolving this issue include approaching and reviewing regulations while finding the best and most effective solution in resolving problems with the BPN of Magelang Regency.]]>
<![CDATA[Status Hukum Pemberlakuan Peraturan Pelaksana Undang-Undang Setelah Di Batalkannya Undang-Undang Oleh Mahkamah Konstitusi ]]>
<![CDATA[Tarwin Idris]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art7
<![CDATA[This study aims to analyze the legal status of implementing regulations for the Law after the Law gets annulled by the Constitutional Court, whether implementing the regulation still legally binding? This is a normative juridical legal research. The collection of legal materials is carried out through literature review, both primary and secondary legal materials. The results of this study conclude that the implementing regulations of the Law after the Law gets annulled by the Constitutional Court are no longer legally binding. This is because the Law, articles, or paragraphs that form the legal basis for the formation of the Implementing Regulations have been revoked or declared contradicting the 1945 Constitution of the Republic of Indonesia. Therefore, implementing regulations which contain material to implement the Law properly are also deemed contradictory with the 1945 Constitution of the Republic of Indonesia, it is on this basis that the Implementing Regulations are declared to no longer have binding legal force.]]>
<![CDATA[Problematika Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Narkotika ]]>
<![CDATA[Irwan Irwan]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art2
<![CDATA[This study examines, first, the application of diversion in narcotics crimes committed by children after the enactment of Perma No.4 of 2014 on Guidelines for the Implementation of Diversion in the Juvenile Justice System (SPPA Law); second, the constraints on the application of diversion in narcotics crimes committed by children after the enactment of Perma No. 4 of 2014. This is a normative legal research supported by information from sources using statutory and conceptual approach and analyzes it from a perspective. The results of the study conclude that, first, the application of diversion in narcotics crime according to Perma No. 4 of 2014 has not been implemented. Based on the SPPA Law, the application of diversion can be carried out in cases where the threat is under 7 (seven) years while in Perma No. 4 of 2014 the application of diversion can be carried out for cases where the threat is more than 7 (seven) years but the charges are subsidarity, alternative, or cumulative. One of the charges is that there is a threat of diversion under 7 (seven) years. Second, law enforcers think that narcotics is a criminal offense that is highly charged even though the charges are alternative, where Perma No. 4 of 2014 requires diversion in criminal acts charged with alternative charges, this happens because law enforcers rarely use Perma No. 4 of 2014.]]>
<![CDATA[Implikasi Yuridis Ambang Batas Terhadap Pengajuan Permohonan Sengketa Pilkada ]]>
<![CDATA[Ade Mazhar Amin Bahri]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art14
<![CDATA[One of the mandatory requirements to submit an acceptable lawsuit of dispute over the election results (PHP) is the threshold set out in Article 158 paragraph (1) and (2) of Law No. 10 of 2016, which after the enactment of this regulation, most of the PHP submitted before the Constitutional Court (MK) are deemed unacceptable as they do not meet the said threshold. This research analyses two problem formulations: first, what is the concept used in setting the threshold for submission of regional election dispute? Second, what are the juridical implications of Article 158 paragraph (1) and (2) of Law Number 10 of 2016 on Regional Elections for filing lawsuit of election disputes? This study uses a normative method with a statutory approach. The results of the study conclude that first, the application for a dispute over the election results must be based on the number of residents in the province conducting the election with the threshold concept or difference in votes based on a predetermined percentage. Second, there is a good number of regions that the Constitutional Court cannot accept because they do not fulfill the threshold concept. This study recommends the need for refinement and renewal of legal rules for the 2027 simultaneous regional elections while at the same time considering a sense of justice for the candidate-pairs of Head of District.]]>
<![CDATA[Peran Notaris Dalam Membuat Akta Wasiat Yang Bertentangan Dengan Kompilasi Hukum Islam (Studi Akta Notaris Nomor 12 Tanggal 27 Oktober 1984 Tentang Wasiat) ]]>
<![CDATA[Mohammad Hafid Arkan]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art8
<![CDATA[This study aims to analyze whether the notary in making deeds must always fulfill the wishes of the client, then analyze the role of the notary in making will deeds based on the provisions of the applicable laws and regulations in Indonesia, and the legal consequences of wills made by notaries who contrary to the prevailing legal system (study of Notary deed No. 12 dated 27 October 1984 on Will). This is an empirical juridical research. The results of the research explain that there is no obligation for the notary to fulfill every wish of the client without first ensuring that the formal and material requirements can be fulfilled by the client, then the role of the notary in making a will before a notary refers to the provisions of Article 1 paragraph (1) of UUJN, and the legal consequence of an authentic will deed made by a Notary who commits an act against the law for his negligence in the deed creation loses the deed's authenticity and becomes a deed under-hand and the authentic deed can be canceled if the arguing party can prove it in court proceedings.]]>
<![CDATA[Kewenangan Pengadilan Negeri Jakarta Pusat Dalam Pembatalan Putusan Arbitrase Di Janewa Swiss (Studi Kasus PT. Pertamina dan PT. PLN melawan Karaha Bodas Company) ]]>
<![CDATA[Ircham Suryo Nugroho]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art3
<![CDATA[This research examines how the competence/authority of the Central Jakarta District Court in rejecting the arbitration award in Geneva, Switzerland which is final, binding and enforceable in resolving business disputes of PT. Pertamina and PT. PLN against Karaha Bodas Company. This paper uses normative legal research. The result of this research is that international arbitration decisions are final and binding on the parties. Two legal remedies may still be made against this decision, namely the rejection and cancellation of the implementation of foreign arbitration. The emergence of two legal remedies for annulment of the Geneva arbitration award in both the Swiss Federal Court and the Central Jakarta District Court has caused a lot of debate on which court is authorized to annul the Geneva arbitration award. With the appointment of Geneva as the place of arbitration (the arbitration seat) and the law underlying the arbitration dispute settlement (Lex Arbitri), the Swiss Federal Court has the authority to annul the Geneva arbitration award. Thus, the Central Jakarta District Court has no competence to reject the Geneva arbitration award.]]>
