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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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Problematika Penerapan Diversi Terhadap Anak Pelaku Tindak Pidana Narkotika Irwan Irwan
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.art2

Abstract

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.
Implikasi Hukum Terhadap Notaris Yang Memberikan Jasa Kenotariatan Di Luar Kewenangannya Dondy Permana Putra
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.art11

Abstract

This study examines the legal implications for notaries who provide notary services beyond their authority, in which case the notary is an extension of the state, and in the case of a notary's accountability, it is the primary issue considering the deed they make is a strong written evidence. Hence, the first problem arises is the legal implications and accountability of the notary for their position in carrying out matters beyond their authority. Second, what is the Regional Supervisory Council (MPD)'s view of notaries who carry out matters beyond their authority. The results conclude that first, if a notary has committed a violation, they will receive civil and administrative sanctions in the form of compensation, temporary dismissal from their position or disrespectful dismissal. Second, the implementation of supervision and coaching that has been carried out by the Notary Supervisory Council must prioritize communication between the Central Supervisory Council (MPP), the Provincial Supervisory Council (MPW), the Regional Supervisory Council (MPD) to the Notary themselves is very important to avoid miscommunication and to create good synergy in the implementation of supervision carried out by the Supervisory Council.
Implikasi Hukum Terhadap Akta Yang Dibuat Oleh Notaris Yang Tidak Dibacakan Dan Ditandatangani Secara Bersama-Sama Mia Elvina
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.art12

Abstract

The purpose of this research is to examine the reality that happens in the practice of notaries that often occurs and unavoidable, namely where the applicants do not come before the notary at the same time. This is common almost every region. Not only violating the principle of propriety, it is also a sporadic habit that is considered a trivial matter. This is a juridical-empirical legal research on the implementation of normative legal provisions in real behavior that occurs in society. The results of the study conclude that the lack of awareness of the Notary in practicing and implementing authentic deed-making procedures based on the provisions of the Law and the weak supervision of the institutions that are obliged to supervise Notaries in carrying out their duties and functions, making the Notary who is a bank partner does not read out and ensure that the deed is signed properly together. Furthermore, the reading and signing of the deed that was not carried out in front of a notary would result in a decrease in the authenticity value of the deed into an under-hand deed.
Implikasi Yuridis Ambang Batas Terhadap Pengajuan Permohonan Sengketa Pilkada Ade Mazhar Amin Bahri
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.art14

Abstract

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.
Eksistensi Jaminan Fidusia Sebagai Langkah Perlindungan Hukum Bagi Kreditur Dalam Akad Murabahah: Studi Kasus Putusan Mahkamah Agung No. 452k/Ag/2016 Muktar Bebi Saputra
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.art7

Abstract

The development of financial institutions in Indonesia can be seen from the increasing number of non-bank financial institutions that have sprung up so that they may become an alternative to financial institutions other than banks to meet the needs of the community. One of them is financing institutions, especially those that use fiduciary guarantees which are considered to have a separate existence in terms of legal protection for creditors. Fiduciary guarantees are often applied in Murabahah financing contracts. Therefore, this study examines two problems, namely: First, how is the existence of fiduciary security as a measure of legal protection for creditors? Second, what is the legality of the fiduciary guarantee in the murabahah contract? This research is normative in nature, where the results conclude that: fiduciary guarantee which is an additional guarantee (accessoir) while the Murabahah contract is the primary agreement, therefore the existence of the fiduciary guarantee depends on the Murabahah contract itself; while the form of legality of the fiduciary guarantee in the murabahah contract is in the application of the precautionary principle.
Peran Notaris Dalam Membuat Akta Wasiat Yang Bertentangan Dengan Kompilasi Hukum Islam (Studi Akta Notaris Nomor 12 Tanggal 27 Oktober 1984 Tentang Wasiat) Mohammad Hafid Arkan
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.art8

Abstract

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.
Kartel Angkutan Kontainer Pelabuhan Belawan Tahun 2011 Dan 2012 Dhiyan Utama
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.art6

Abstract

The rule of evidence in the existence of a price fixing agreement according to Article 5 of Law No. 5 of 1999 on Monopoly and Unfair Business Competition refers more to material evidence without prejudice to written evidence as formal evidence. Therefore, this study aims to analyze: first, what are the evidences that can be used by the Business Competition Supervision Commission (KPPU) in examining alleged cartel violations; and second, what is the rule of evidence which is carried out by KPPU in examining alleged cartel violations. This is a normative research with statutory approach and case studies. The results conclude that the actions of the business actors as reported parties tend to be the actions that are prohibited by law. Meanwhile, the KPPU Decision No. 06/KPPU-I/2013 on the Cartel Case of the Belawan Port Container Transport Tariff in Indonesia, in the process of proving it, applies indirect evidence as a guide to complete the evidence in the Commission Council session. The basis for the consideration of the District Court and Supreme Court is the belief that indirect evidence is not regulated in Indonesian procedural law. However, in its development, in 2011 the Supreme Court began to acknowledge indirect evidence through the Supreme Court Decision on rigging tender case No. 906K/Pdt.Sus/2010.
Pembuktian Tindak Pidana Zina Berdasarkan Bukti Petunjuk: Analisis Putusan Pengadilan No. 506/Pid.B/2017/PN Smn Dayu Putra
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.art2

Abstract

This study discusses the use of indicative evidence as a basis for proving adultery and what kind of indicative evidence has the justification for proving adultery. The research method used is normative juridical with a case and statutory approach. The results of the study concluded that: First, the use of indicative evidence is very much dominated by the subjectivity of judges. This evidence is used after the judge is absolutely sure that the defendant has committed adultery based on the conformity and logical relationship between each fact and the element of adultery that is to be proven. When using indicative evidence, the judge strongly emphasized the fact that the defendant was together in a closed room within a period of time that allowed for adultery, to be linked to the Supreme Court Decision Number 854K / Pid / 1983, which became the legal source of proof of adultery or sexual intercourse. The use of indicative evidence is always linked to the inability of the defendant to prove his argument; and Second, indicative evidence that has justification must meet the formal and material requirements.
Kewenangan Pengadilan Negeri Jakarta Pusat Dalam Pembatalan Putusan Arbitrase Di Janewa Swiss (Studi Kasus PT. Pertamina dan PT. PLN melawan Karaha Bodas Company) Ircham Suryo Nugroho
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.art3

Abstract

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.
Open Legal Policy Peraturan Perundang-undangan Bidang Politik Dalam Putusan Mahkamah Konstitusi (Studi terhadap Putusan MK Bidang Politik Tahun 2015-2017) Gardha Galang Mantara Sukma
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.art1

Abstract

This research comprises of two problem formulations: first, why does the Constitutional Court (MK) in six of its decisions asserts that the articles being tested are open legal policies? Second, what are the implications of the open legal policy in terms of the Constitutional Court decisions in the three legislations on politics? This is a juridical normative research with statutory and conceptual approach to regulations. The results of the research are: first, in two of the six decisions of the Constitutional Court, the basis of the consideration of the Constitutional Court is legal norms that are not regulated in details in the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), it can be deemed as open legal policy. Meanwhile, in the other four decisions of the Constitutional Court, open legal policy was not discussed explicitly but, in conclusion, the basis for asserting the articles reviewed were open legal policy because they were not regulated in details in the 1945 Constitution. Second, the implication of open legal policy of the Constitutional Court decisions in the three legislations on politics are: (1) reduced balance in the state structure, (2) lost opportunities to obtain justice in the social order. Suggestions given are that legislations on politics are easier to be incepted with group interests and pragmatic objectives, hence in examining legislations on politics that have open legal policy, the Constitutional Court must be more careful and courageous because it does not mean that the Constitutional Court cannot review it.

Page 12 of 33 | Total Record : 324

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