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<![CDATA[Tax Rebate Policy: Relevansinya dengan Kebijakan Pengelolaan Zakat di Indonesia ]]>
<![CDATA[Syarif Hidayat Hasibuan]]>
<![CDATA[ Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss1.art4
<![CDATA[The focus of this research is centred around the issue of tax rebate policy (zakat as a tax deduction). The first research problem, how is the legal policy in regards to the management of zakat and taxes from the perspective of the history of legislation in Indonesia? Second, what is the relevance of the tax rebate policy to the zakat management policy in Indonesia? This research is a normative study with juridical and historical approach. The results of the research conclude: First, in every certain period the political and legal characteristics are very progressive, depending on the political conditions and the development of social dynamics at that time. Second, the Malaysian government places zakat as an essential component in order to alleviate poverty and the income of taxpayers is given a 100% reduction on tax payments from zakat that has been paid, while Indonesia still applies tax deduction (PKP).]]>
<![CDATA[Perlindungan Hukum terhadap Barang Kiriman Konsumen Pengguna Jasa Go-Send Instant Courier Melalui Tokopedia ]]>
<![CDATA[Rochati Mahfiroh]]>
<![CDATA[ Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss1.art15
<![CDATA[Information technology can be a double-edged sword, because in addition to contributing to the improvement of welfare and the advancement of human civilization, it can also be an effective means of illegal acts. In the context of online transportation, amongst the services provided by Go-Jek Indonesia, Go-Send is the most prone to law violations. This research is a qualitative study with an empirical juridical approach. The object of research is the case of lost goods in the use of the Go-Jek Gosend Instant Courier delivery service feature in the largest marketplace channel in Indonesia, namely Tokopedia. This research attempts to answer questions about Go-Jek and Tokopedia's responsibility for the loss of consumer goods and legal efforts that can be taken if the security of the goods is not fulfilled. Based on the results, it is concluded that Tokopedia and Go-Jek are legally responsible for the loss of goods when transporting goods through Go-Send Instant Courier ordered through the Tokopedia application. Both of them are responsible according to the principle of fault liability. Consumers can take three legal routes: First, file a complaint through the complaint feature provided by Tokopedia; Second, file a lawsuit to BPSK; Third, file a civil suit to the District Court.]]>
<![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[Keterlibatan Notaris Dalam Pemberantasan Money Laundering Berdasarkan PP No. 43 Tahun 2015 Dikaitkan Dengan Asas Kerahasiaan Terbatas ]]>
<![CDATA[Aganita Dhaneswara]]>
<![CDATA[ Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss1.art10
<![CDATA[In carrying out their duties and offices, a notary must always be guided by the Law on Public Notary (UUJN). In the UUJN, notaries are obliged to keep confidential everything concerning the deed they have produced and all information obtained for formulating the deed in accordance with the oath of office, unless the law stipulates otherwise. The obligation of notaries to report suspicious transactions is stated in Government Regulation (PP) No. 43 of 2015 on Reporting Parties in the Prevention and Eradication of Money Laundering, instead of by legislationg. Hence, this study intends to examine: first, whether the mention of a notary in the PP does not violate the principle of limited confidentiality; and second, whether the mention of a notary in the PP does not harm the notary. This is a normative legal research with qualitative descriptive analysis. The results of the study concluded that the obligation of notaries to report suspicious transactions caused debate among notaries and the Financial Transaction Reports and Analysis Center (PPATK). In theory, this obligation violates the principle of limited confidentiality, but if it is seen in the Money Laundering Law, the provisions of confidentiality can be excluded. This obligation does not cause harm to the notary because the notary as a witness and the reporting party is given protection by the state as regulated in the Money Laundering Law.]]>
<![CDATA[Pembuatan Salinan Akta Berdasarkan Protokol Notaris Werda Yang Telah Diserahkan Pada Notaris Pemegang Protokol ]]>
<![CDATA[Lentra Nugraha]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art11
<![CDATA[The problems raised in this research are: First, what are the legal consequences for the switched protocol holder being able to make a copy pf deed based on the minutes that have been submitted? Second, how is the protocol for the retired notary make a copy of deed of the minute? This legal research is a combination of normative and empirical study, which uses a statutory and case-based approach and qualitative analysis methods. The results of this study conclude that the legal consequence for switching protocol holders is that they can make a copy of deed based on the minute that has been submitted. As for a damaged certificate, a copy cannot be made again, whereas if the certificate is in good condition then a copy can be made based on its contents. It is the notary who holds the minute of the deed (the recipient of the protocol from the retired notary) who can make the copy, and if the minute is damaged due to negligence then the notary must be responsible, including the one who submitted the protocol (the retired notary). Furthermore, the Notary protocol from another Notary which at the time of submission is 25 years old or more must also be submitted by the Notary who receives the protocol to the Regional Supervisory Council.]]>
<![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[Penyelesaian Pembagian Hak Cipta Dan Hak Atas Merek Sebagai Harta Bersama Dalam Perceraian Islam ]]>
<![CDATA[Titie Rachmiati Poetri]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art6
<![CDATA[Assets generated in marriage are referred as joint assets or marital assets. Joint assets can be in the form of tangible or intangible objects. By using a descriptive method and a statutory approach, this normative legal research aims to analyze the following problems: first, do the copyright and trademark rights generated in a marriage qualify as joint assets according to Islamic law of marriage? Second, how to resolve the distribution of copyright and trademark rights as joint assets in divorce based on Sharia? The results of the research conclude that first, copyright and trademark rights as intangible objects become joint assets if the rights are generated in marriage, even though they are only registered in the name of either husband or wife. Second, in the event of a divorce, the copyright royalty and the right to the mark may become the object of shared joint assets, in which the royalty will be divided by two or based on the considerations of the roles and responsibilities of husband and wife during marriage.]]>
<![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[Pengaturan Pembangkit Listrik Tenaga Uap Batubara Di Indonesia Prespektif Hak Atas Lingkungan Yang Baik Dan Sehat ]]>
<![CDATA[Theo Alif Wahyu Sabubu]]>
<![CDATA[ Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss1.art5
<![CDATA[The main problem in this writing is, first, how is the right to a decent and healthy environment in the governance of coal Steam Power Plant (PLTU)?; second, how is the future governance concept? The analysis used is descriptive-qualitative method. There are two approaches to be used in this research, namely the legal approach and the case approach. The results of this study conclude that all the regulations that form the basis of coal PLTU have not provided protection and fulfillment of the right to a decent and healthy environment. The concept of future regulation can be seen from three aspects, namely legal substance, legal culture, and law enforcement. From the aspect of its legal substance, it can be seen that there is no clear and firm regulation regarding coal PLTU, it also requires an instrument on the location and the Clean Air Act. For the legal culture, it is more focused on sustainable and environmentally friendly development. As for the law enforcement, there are still some regulations that are not implemented by the company concerned, for example in coal mining.]]>
<![CDATA[Legalitas Pencalonan Kepala Daerah Dari Unsur Tentara Nasional Indonesia Dan Polisi Republik Indonesia Dalam Pemilihan Kepala Daerah 2018 ]]>
<![CDATA[Moh Khalilullah A. Razaq]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art1
<![CDATA[This study aims to analyze the legality of the nomination of regional heads from the elements of Indonesian National Army (TNI) and Indonesian National Police (Polri) in the 2018 simultaneous regional elections. With problems formulation as follow : First, is the nomination of regional heads from elements of TNI and Polri in the 2018 simultaneous regional elections in line with the legislation? Second, what are the proper arrangements for regional head candidates from the elements of TNI and Polri in the 2018 simultaneous regional elections? This study uses a juridical-normative approach. In addition, this study also uses a field study approach based on the scope and identification of the existing problems. The results of the study concluded as follow: First, TAP MPR Number VII / MPR / 2000 on the Role of TNI and the Role of Police; Law Number 34 of 2004 on Indonesian National Army and Law Number 2 of 2002 Indonesian National Police determine that the TNI and Polri are impartial in political affairs and do not involve themselves in practical political activities. TNI and Polri can hold civilian positions after resigning or retiring from the TNI and Polri institutions, so that they do not conflict with the statutory regulations. Second, even though they have resigned, active members of the TNI and Polri who wish to run for regional head candidates should first wait for a gap of at least two years, to ensure the impartiality and maintain the morale of the TNI and Polri institutions.]]>
