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<![CDATA[Implementasi Operasi Tangkap Tangan Yang Dilakukan Komisi Pemberantasan Korupsi ]]>
<![CDATA[Muhammad Alfin Saputra]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art4
<![CDATA[The purpose of this study is to examine the implementation of hand arrest operations (OTT) carried out by the Corruption Eradication Commission (KPK) and whether such operations go in line with the concept of hand arrest in the Indonesian Criminal Procedure Code (KUHAP). This is a normative research which is supported by information obtained from various sources, by utilizing statutory and conceptual approaches, analyzed in a qualitative descriptive method. The results of this study conclude that the hand arrest operation carried out by the Corruption Eradication Commission is in fact very effective in ensnaring the perpetrators of corruption crimes as it provides a cristal clear view on the criminal act that occurred in order to identify the suspect.]]>
<![CDATA[Tinjauan Yuridis Terhadap Perjanjian Surrogate Mother Yang Tertuang Dalam Akta Notaris Di Indonesia ]]>
<![CDATA[Kenyatun Kenyatun]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art15
<![CDATA[This study aims to analyze the legal position of surrogate mother agreement according to the Indonesiam Civil Code and Islamic law and the implementation of surrogate mother agreement made in the form of a notary deed in Indonesia. This is a normative legal research that uses a statutory approach. The results of the study conclude that the surrogate mother agreement in the perspective of civil law is considered invalid because it violates the nature of the object of the agreement while the rental of uterus according to Islamic law is unlawful as confirmed in the fatwa and individual opinions based on the Qur'an. In addition, if the surrogate mother agreement is contained in a notary deed, then the deed becomes null and void.]]>
<![CDATA[Analisis Pertimbangan Hukum Kasus Kartel Minyak Goreng Di Indonesia ]]>
<![CDATA[Yuniar Hayu Wintansari]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art10
<![CDATA[This study was conducted to determine the appropriate legal considerations in the cooking oil cartel case between the Business Competition Supervisory Commission (KPPU), the District Court, and the Supreme Court. This is a normative legal research that uses statutory approach and case study. This study concludes that according to legal provisions or legal certainty in force in Indonesia, the legal considerations of the District Court are in accordance with thie principle in the cooking oil cartel case because indirect or intuitive evidence cannot be used in competition law in Indonesia. However, if it is based on the principles of justice and expediency, then the KPPU's legal considerations hence become more appropriate because KPPU has treated the wider community who have been harmed by the price of cooking oil.]]>
<![CDATA[Vaksin Covid-19 Sebagai Pemenuhan Hak Asasi Manusia ]]>
<![CDATA[Aditya Candra Pratama Sutikno]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art5
<![CDATA[The legal issue that lies in the outbreak of the Covid-19 pandemic is contained within the scope of medical law, which is a discussion on the quality of human life in the healthcare sector. In this case, the eradication of disease, cure of disease and recovery of disease, in order to realize the maximum degree of health in the community. Efforts are taken to overcome the current Covid-19 pandemic, one of which is done through vaccination. This study further examines from a legal perspective whether the Covid-19 vaccination program can be qualified as an effort to fulfill human rights. This is a normative legal research, with a conceptual approach and qualitative analysis. This research then concludes that vaccines are widely used to prevent various diseases and help fight certain diseases, by carrying out the Covid-19 vaccine as a form of recognizing and respecting the human rights of others, the right to a decent life, safety and the right to life, and the right to sustain life]]>
<![CDATA[Kepastian Dan Perbandingan Hukum Mengenai Saham Pinjam Nama Atau Nominee Shareholder Antara Indonesia Dan Thailand ]]>
<![CDATA[Dipadary Abiyudara]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art11
<![CDATA[The purpose of this study is to examine the legal certainty of nominee shareholder in Indonesia and the legal comparison between Indonesia and Thailand. This is a normative legal research with statutory and comparative approaches. The results of this study are first, the nominee shareholder violates 6 Indonesian laws, especially the articles in UUPM No. 25 of 2007, UUPT No. 40 of 2007, and the Civil Code. Second, there are 3 driving factors for nominee shareholders, namely the presence of foreign intentions to control state assets, the complexity of licensing foreign investment, and tax issues. Third, a comparative analysis of the UUPM, UUPT, and the RI BKPM Regulation No. 1 of 2020 with the Thailand Foreign Business Act 1999 found that Thailand imposes more severe and stricter criminal sanctions and supervisory policies than Indonesia. Indonesian law still provides loopholes for nominee practice.]]>
<![CDATA[Kajian Yuridis Legalisasi Aborsi Bagi Korban Tindak Pidana Pemerkosaan dalam Perspektif Hukum Positif ]]>
<![CDATA[Evi Yanti]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art6
<![CDATA[Conflicts regarding the legalization of abortion occur because of the gap between one legislation and another. The problems in this study are: first, how to legalize abortion for victims of rape in the perspective of positive law; Second, as well as the legal protection for doctors and patients who perform such abortions. Women who get pregnant for becoming rape victims choose abortion as a way to end their pregnancy are deemed as perpetrators of the crime of abortion In the criminal law literature The research method used is a normative juridical method with an approach to legislation and comparative studies. The results of this study are first, abortion is a prohibited act, but if it is in an emergency situation and the victim is raped, abortion can be undertaken; second, legal protection for victims includes; a. The provision of medical and psychosocial assistance services to rape victims who have abortions in accordance with applicable laws and regulations as described in Article 6 of Law no. 13 of 2006 on the Protection of Witnesses and Victims; b. The compensation provided by the perpetrator is in accordance with the provisions of Article 7 paragraph (1) letter b of Law No. 13 of 2006 on the Protection of Witnesses and Victims; c. Restitution, compensation given by the state because the perpetrator is unable. it is possible as an effort to provide services to victims of crime in the context of developing welfare and justice in accordance with the provisions of Article 7 paragraph (2) of Law No.r 13 of 2006 on the Protection of Witnesses and Victims]]>
<![CDATA[Peran Vicarious Liability Dalam Pertanggungjawaban Korporasi (Studi Terhadap Kejahatan Korupsi Yang Dilakukan Oleh Kader Partai Politik) ]]>
<![CDATA[Muhammad Isra Mahmud]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art1
<![CDATA[This study aims to identify and analyze: first, the position of political parties as private law subjects; second, the role of vicarious liability in the effort to convict legal entities of political parties. The research method used is normative juridical with a statutory approach. This study concludes that first, political parties as legal entities which are also legal subjects can be held accountable for acts of human rights violations, based on the theories and formulations of the laws and regulations that have been regulated in the Republic of Indonesia. Second, vicarious liability plays a role in efforts to punish legal entities such as political parties in the form of fines or additional penalties, which in practice experience difficulties or weaknesses.]]>
<![CDATA[Urgensi Pembentukan Undang-Undang Digital Banking Bagi Perbankan Syariah Di Indonesia ]]>
<![CDATA[Muhammad Urfi Amrillah]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art12
<![CDATA[This study aims to determine the legal regulation of digital banking in Indonesia and the urgency of digital banking regulation for Islamic banking in Indonesia. This is a normative juridical research that uses a statutory approach. The results conclude that digital banking provisions are regulated in OJK Regulation No.12/POJK.03/2018 on the Implementation of Digital Banking Services by Commercial Banks in lieu of Law Number 7 of 1992 jo. Law Number 10 of 1998 on Banking does not regulate digital banking provisions. The urgency of digital banking regulations for Islamic banking in Indonesia can be viewed from several aspects, namely: first, the philosophical aspect, which are the special regulations related to digital banking for Islamic banking in Indonesia, that is mandated in Article 33 paragraphs (1) and (4) of the 1945 Constitution. Second, the sociological aspect, which is the case of a digital account burglary experienced by one of the customers as a result of the absence of strong regulations such as laws governing digital banking, especially for Islamic banking in Indonesia. Third, the juridical aspect, which is that digital banking is legally regulated in the OJK Regulation so that it has not been able to overcome the problems that occur, especially in the implementation of digital banking for Islamic banking, given the weakness of the binding power of the regulation]]>
<![CDATA[Kebijakan Hukum Pidana Dalam Perlindungan Pekerja Rumah Tangga Korban Kekerasan ]]>
<![CDATA[Siti Rahmawati]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art7
<![CDATA[In the employment sector, Domestic Workers (PRT, housemaids) are not categorized as formal occuparion. Therefore, domestic workers are included in the informal sector. These domestic workers in the informal sector are vulnerable to various acts of violence, hence are in dire need of extra protection from the state. This normative legal research concludes that the legal policies provided by the government in protecting domestic workers are in the form of providing restitution and compensation, counseling, medical services/assistance, legal assistance, and providing information. The policy is contained in Law Np. 23 of 2004 on the Elimination of Domestic Violence and Law No. 31 of 2014 on the Amendments to Law No. 13 of 2006 on the Protection of Witnesses and Victims. In addition, the role of government officials is very important for the implementation of legal protection for domestic workers. The role of the apparatus in providing protection to domestic workers victims of violence is regulated in the Law of the Republic of Indonesia No. 23 of 2004 concerning the Elimination of Domestic Violence]]>
<![CDATA[Perlindungan Hukum Terhadap Kejahatan Cybersquatting Di Indonesia ]]>
<![CDATA[Reva Amalia]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art2
<![CDATA[This study aims to determine the definition of cybersquatting and its legal protection in Indonesia. This is a normative research that uses conceptual and statutory approaches. The results of this study conclude that essentially the definition of cybersquatting has not been explicitly defined nor regulated in the laws and regulations in Indonesia. However, cybersquatting can be understood as the act of registering a domain name associated with someone else's company name and then trying to make a profit by selling it to that company. Legal protection against cybersquating is regulated in several laws and regulations, such as Article 23 and Article 38 of Law No. 11 of 2008 on Information and Electronic Transactions, as well as Article 83, Article 100, Article 101, Article 102 of Law No. 20 of 2016 concerning Brands and Geographical Indications. In addition, legal protection for brands’ domain names in regards to cybersquatting can be seen from the government's attempt by delegating responsibility to Indonesian Domain Name Manager (PANDI)]]>
