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INDONESIA
Lex Renaissance
Published by Universitas Islam Indonesia
ISSN : 26205386     EISSN : 26205394     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Lex Renaissance adalah jurnal yang diterbitkan oleh program Pascasarjana Fakultas hukum Universitas Islam Indonesia. terbit dua kali dalam satu tahun (Januari dan Juli). jurnal ini adalah media komunikasi dan pengembangan ilmu. Jurnal terbit setiap semester.
Arjuna Subject : -
Articles 324 Documents
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Penegakan Hukum atas Tindak Pidana Kekerasan yang Dilakukan Anak di Wilayah Hukum Polresta Yogyakarta Muhammad Yogie Adha
Lex Renaissance Vol 5 No 2 (2020): APRIL 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss2.art4

Abstract

Cases that involve children as perpetrators of violence have increased sharply year by year. This phenomenon is interesting to study, especially to examine the common thread, find the root of the problem, and see how the law enforcement process is and what obstacles are faced by the Yogyakarta City Police. The research method used is qualitative field research. The results of the study concluded that the law enforcement process carried out by the Yogyakarta City Police was always guided by the Law, but still needed improvements in the applicable Law.
Tinjauan Yuridis Mengenai Pengawasan Terhadap Pedoman Perilaku Penyiaran Platform Media Sosial Di Indonesia Elwindhi Febrian
Lex Renaissance Vol 5 No 3 (2020): JULI 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss3.art5

Abstract

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.
Pengujian Keputusan Fiktif Positif Di Pengadilan Tata Usaha Negara Desy Wulandari
Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss1.art3

Abstract

Article 53 of Law Number 30 of 2014 on Government Administration (Law 30/2014) does not provide an explanation of the criteria for positive fictitious decisions/actions of Government Agencies and/or Officials, but rather authorizing the State Administrative Court to review the reports on positive fictitious decisions/actions. As a form of expansion of the object of disputes in the State Administrative Court, positive fictitious decisions/actions require in-depth study considering there are obstacles in their implementation as well as the review at the State Administrative Court. This writing intends to determine the criteria for positive fictitious action of Government Agencies and/or Officials and to find out how to test positive fictitious decisions / actions by the State Administrative Court. This is a normative legal research, in which the results indicate, first, the criteria for positive fictitious decisions/actions can be identified by exploring the principal elements in Law 30/2014 and in the Supreme Court Regulation Number 8 of 2017. Second, the examination of positive fictitious decisions/actions is by using applicable laws and regulations and general principles of good governance.
Problematika Validasi Pajak Oleh Kantor Pajak Pratama Terhadap Akta PPAT Mohammad Taufan Kumangki
Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss1.art14

Abstract

This study aims to examine the problems of tax validation by the Pratama Tax Office on the Deeds of Land Titles Registrar (PPAT). This research uses normative legal study on the principles, norms, rules of statutory regulations, court decisions, agreements and doctrines. The results of this research conclude that the legal consequence of the pending tax validation process on the PPAT Deed Registration is that tax validation is a state administrative task, the absence of validation of the sale and purchase tax results in the inability of sale and purchase registration for the transfer of rights to land to the Land Office. By customary law, the sale and purchase paid in full results in the buyer having obtained the right to the land, but because the sale and purchase certificate has not been registered to the Land Office, the land has not been legally transferred to the Buyer. Furthermore, in order to solve these problems by referring to the problems encountered in practice, the BPHTB tax validation process with the income tax validation at the Pratama Tax Office shows that there is a lack of files submitted or underpayments of previously paid taxes, hence taxpayers personally or through their proxies are requested to amend or complete the missing documents, to be able to re-apply for validation, this takes a long time and PPAT in Manado City has to make a statement of delay on the Sale and Purchase Deed.
Pengelolaan Keuangan Desa Ditinjau Dari Undang-Undang Desa Menuju Masyarakat Yang Mandiri Betha Rahma Sari
Lex Renaissance Vol 5 No 2 (2020): APRIL 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss2.art15

Abstract

The background of this research is the guarantee of recognition of the existence of the village through the formation of Law Number 6 of 2014 on Villages (Village Law). The Village Government has a strategic role and position in public services and empowerment of the community. Therefore, in order to empower the community and carry out service functions, the village must be empowered in any sector, one of which is the village financial management. This research will answer the formulation of the problem regarding what is the benchmark in the success of the village financial management in terms of village-related laws and regulations so that a prosperous and independent society is created? This is a normative juridical research with a statutory regulatory approach. The results of the study concluded that the affirmative policy of Law Number 6 of 2014 on Villages has a positive effect on the effectiveness of village governance. This is shown by the increase in the effectiveness of Village government organizations and the effectiveness of village deliberations. In terms of economic independence, efforts to strengthen village financing capacity can be seen from the widening of access to funding resources. The opportunity to empower the village can be made more possible through the empowerment of village-owned enterprises and village cooperation with other villages and / or cooperation with third parties.
Perlindungan Musytari Terhadap Klausula Baku Dalam Pembiayaan Murabahah Bil Wakalah PT. Bank BRI Syariah, Tbk. Valeria Zahara Zulkarnaen
Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss1.art9

Abstract

This research examines the existence of a clause in the Murabahah bil Wakalah contract at a bank which states that if based on the bank's assessment the collateral is no longer sufficient to guarantee debt payment, Musytari is obliged to add other items as collateral. Therefore, two problems arise: first about the legality of the clause; and second, the role of the notary in enforcing the implementation of the taswiyah principle in the Murabahah bil Wakalah contract. This type of research is normative and empirical, with literature and document studies, along with interviewing sources, and analyzed through a statutory approach, with qualitative methods. The results of the study conclude, first, the clause of adding collateral by the bank to Musytari is not in accordance with one of the pillars of the contract, namely Taswiyah, but is still legal as it is made in the presence of a notary; second, the role of a notary in the Murabahah bil Wakalah contract is to provide legal counseling to Musytari if the bank requires additional collateral to be fulfilled.
Aspek Hukum Peraktik Kedokteran Melakukan Tindakan Medis Yang Bukan Kewenangan Kompetensi Profesinya Ricky Ricky
Lex Renaissance Vol 5 No 2 (2020): APRIL 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss2.art10

Abstract

This research was conducted to determine the limits of doctors in carrying out medical actions that are beyond the authority of their professional competence. This study is based on data that there are still doctors who perform medical actions beond their authority. This is normative legal research that is supported by empirical data by collecting legal materials and interviews. This paper concludes that the doctor’s authority in performing medical practice is required to have a Registration Certificate (STR) and License to Practice (SIP), as regulated in Articles 29 and 36 of Law Number 29 of 2004 on Medical Practice. A doctor is not allowed to take medical action beyond their competence since they possess no certificate of competence that recognizes their study during the educational process as regulated in Article 69 paragraph (1) of Law Number 36 Year 2009 on Health, if they are unable to carry out an examination and treatment then they can carry out the referral process to doctors who have expertise as regulated in Article 27 letter (b) of Law Number 29 of 2004 on Medical Practice.
Pelindungan Hukum Atas Perbuatan Adaptasi Naskah Yang Dilakukan Oleh Sutradara Dalam Pertunjukan Teater Ahmad Muhsin
Lex Renaissance Vol 5 No 3 (2020): JULI 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss3.art11

Abstract

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.
Pertimbangan Hakim dalam Menjatuhkan Putusan Denda Bersifat Minimum Khusus dalam Delik Narkotika Heri Zuniarto
Lex Renaissance Vol 5 No 2 (2020): APRIL 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss2.art5

Abstract

The eradication of criminal acts of narcotics has been carried out through a judicial process with the regulation of Law Number 35 of 2009 on Narcotics as a guideline for law enforcement. However, in practice, there are still problems, especially for judges in considering a fine sentence which is regulated specifically with a high enough limit. This study aims to determine the judges’ considerations in imposing a fair decision against a special minimum fine in narcotics crime. The research method used is normative-empirical based on statutory law material adjusted to the facts of its application in the judiciary, with juridical normative and empirical juridical approaches. The results of the research found that the special minimum provisions for fine sentences that were quite high were an obstacle for judges in considering the amount of fines to be imposed on the defendant, so that judges tended to impose the amount of fines according to the specific minimum limit of fines, although in implementing the verdict the convict preferred to serve imprisonment as an alternative to fines that cannot be paid. This phenomenon makes the application of fines in judges’ decisions inefficient, especially in the absence of regulations in the Narcotics Law regarding coercion in the context of the application of the penalty itself.
Tanggung Jawab Direksi Pada Perseroan Terbatas Milik Badan Usaha Milik Negara Tasya Nailul Fikriya
Lex Renaissance Vol 5 No 3 (2020): JULI 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol5.iss3.art6

Abstract

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.

Page 10 of 33 | Total Record : 324

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