cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Putera Mustika
Contact Email
putera.mustika@uii.ac.id
Phone
-
Journal Mail Official
pascahukum@uii.ac.id
Editorial Address
-
Location
Kab. sleman,
Daerah istimewa yogyakarta
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 320 Documents
 6   7   8   9   10 
Problematik Interpretasi Pengaturan Kepailitan Terhadap Jabatan Notaris di Indonesia Amanda Maylaksita
Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss1.art7

Abstract

Bankruptcy regulation according to Article 12 point a of Law No. 2 of 2014 on Notary Positions lead to different interpretations and this article provide sanctions to Notaries by dismissing them disrespectfully if the Notaries has been declared bankrupt by a court decision. This disrespectful dismissal is a treatment that is not in accordance with the concept of bankruptcy that has been regulated in Law No. 37 of 2004 on Bankruptcy. This study aims to determine and analyze bankruptcy regulation for Notaries based on Law No. 2 of 2014 on Notary Positions and Law No. 37 of 2004 on Bankruptcy as well as the legal consequences of Notaries declared bankrupt. This is a type of normative legal research using the legislation and conceptual approach and analyze it using descriptive qualitative methods. This research uses primary and secondary legal materials. The results of this study conclude that the regulation of bankruptcy of a Notary Public based on Article 12 point a of the Notary Law is not to cause disrespectful dismissal from his position. Notary as a legal subject that represents an individual who has a debt. The legal consequences of a bankrupt notary based on the Bankruptcy Law only causes a person to lose the right to act freely on his assets but not lose the right to carry out his profession and position. Suggestions from this research are, the government needs to do a review in order to amend the regulation on bankruptcy for the Notary to avoid mis-interpretations.
Pengaturan Tindak Pidana Zina Dalam KUHP Dikaji Dari Perspektif Living Law Sahran Hadziq
Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss1.art2

Abstract

The regulation of adultery in the Indonesian legal system has several elements that are incompatible with the meaning of adultery in living law in the society. Article 284 of the Indonesian Criminal Code (KUHP) prohibits sexual intercourse by a couple outside the wedlock or the forbidden sexual relations. However, one element in this Article stipulates that sexual relations are only prohibited and may be subjected to the Article only if one of the offenders is married. Therefore, according to these elements, it is natural for the public to interpret that infidelity cannot be considered as adultery. Using a socio-legal and historical approach, this study aims to examine the regulation of criminal acts of adultery both in the Criminal Code and from the perspective of the law that lives in the society, which has a discrepancy between one another. The results show that there are many discrepancies or ineffectiveness between the applicable regulation and the reality in the society. These discrepancies are also found in the elements of such applicable law, which results in the inability to apply the adultery article in the community. Therefore, there must be an effective and efficient form of adultery regulations in Indonesia that are in line with the law that lives in the society.
Pertanggungjawaban Notaris dan Akibat Hukum Pengesahan Pendirian Perseroan Terbatas Melalui Sistem Administrasi Badan Hukum Tia Sanitra Gumilang
Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss1.art8

Abstract

This study aims to examine the accountability of a notary in the process of establishing a Limited Liability Company (PT) through the Legal Entity Administration System (SABH) and the legal consequences if the notary innovates in the process of establishing a PT through a Legal Entity Administration System (SABH). This research is normative juridical, using a statutory approach, collecting data with literature and document studies. The results of this study conclude that the responsibility of a notary in the process of establishing a PT is not just an accountability for the deed he made, but the notary is also fully responsible for any mistakes made in the process of establishing PT. The notary’s liability is stated in the electronic statement that the notary is fully responsible for what is filled in and uploaded in accordance with statutory regulations. Therefore, the principle of notarial prudence is needed so that the mistakes made by the notary do not affect the parties and third parties related to the deed. The legal consequences if a notary innovates a law that is contrary to the laws and regulations is that the notarial deed can be declared null and void by law, so that it can have an impact on the parties and third parties related to the said legal act. Legal innovations by notaries are allowed as long as they are still in the corridor of the notary's obligations. Innovation through legal discovery is used so that the application of the rule of law to an event can be done precisely and relevant.
Pidana Kerja Sosial Dalam Membatasi Kelebihan Penghuni Di Lembaga Pemasyarakatan Ahmad Fajri
Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss1.art3

Abstract

Correctional Institutions (Lapas) that suffer from excess occupants continue to occur throughout the territory of Indonesia. Based on the data from the Directorate General of Corrections, as of January 2019, excess occupants in Indonesian penitentiaries have reached 101%. This is dangerous from various sides, from the health to psychology. Therefore, this study was conducted to analyze the provisions of social work penalties in limiting the excess occupants in penitentiaries based on criminal theory and criteria of criminal conduct that could be subject to social work as criminal sanctions. This research is a normative study that examines written law from the aspects of theory, history, philosophy, and comparison, using a conceptual and juridical approach. Based on an analysis of the formulation of the problem, this study concludes, first, with the suitability of social sanction and criminal theory, social sanction has the prospects to be applied in Indonesia. In fact, if its role is very effective and efficient in achieving the goal of punishment, it does not rule out the possibility of a social sanction to be a single principal and can be applied to serious offenses and as a condition for clemency to be applied. That is because the advantages of social sanctions, both in terms of its humanistic and economic approach. Second, For its criteria, social work sanction functions as an alternative to a short/mild prison sentence, less than six months, and a first category of light fines, which is a maximum of ten million rupiah. In the draft of 2017 Penal Code Bill, this sanction is not used within the framework of clemency/mercy.
Penerapan Konsep Bela Negara, Nasionalisme Atau Militerisasi Warga Negara Sri Indriyani Umra
Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss1.art9

Abstract

State Defense is the determination, attitude and behavior of citizens imbued with their love for the Unitary State of the Republic of Indonesia which is based on Pancasila and the 1945 Constitution, willing to sacrifice to ensure the survival of the State. The formulation of the problems in this study is the following: First, what is the concept of State Defense in Indonesia? Second, what are the advantages and disadvantages of the enforcement of State Defense in Indonesia today? The method in this study is normative using primary legal materials, secondary legal materials and tertiary legal materials. The approaches used in this research are the legislation approach, conceptual approach and case approach. After analysing, it is known that the concept of State Defense which focuses more on the understanding of noble values in Pancasila in relation to character or behavior and the author sees this study in two different perspectives as outlined in the form of policy on the enforcement of State Defense by relying on legislation through policies about State Defense. It is not appropriate for a state defense program to be carried out suddenly by the Ministry of Defense, as it should be the domain of the Ministry of Education hence we provide solutions that can be realized in several programs including: Intra-curricular by integrating the education program of State Defense awareness and building national character into various eyes lesson; as well as extra-curricular by implementing intra-culicular activities into various extra-curricular activities that can be applied in community life with the implementation planned carefully and integrated with the education curriculum so that the young generation is observed and evaluated. In essence, the application of the training program must be adjusted to the guidance of the current era in the implementation of State Defense in Indonesia.
Tindak Pidana Korupsi Sebagai Pelanggaran Hak Asasi Manusia M. Ilham Wira Pratama
Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss1.art4

Abstract

Corruption has been categorized as extraordinary crime, because it does not only harm the country’s finances, but it is also a violation of the social and economic rights of the community. Accordingly, it can be seen that there is a link between corruption and human rights violation, namely the fundamental social and economic rights of the community. In addition, there is a Court Decision on corruption that ascertains human rights violation as an aspect for the judges' consideration, which is the Supreme Court Decision Number 1616 K/Pid.Sus/2013. Thus, it is necessary to acknowledge: is corruption a violation of human rights? What are the criteria for corruption to be deemed as a violation of human rights? Why the criteria for corruption to be deemed as a violation of human rights need to be taken into consideration by the judge in passing the decision? The type of this study is normative legal research by using two methods which are statute and philosophical approaches, to be analyzed qualitatively and presented descriptively. The results show that there is a link between corruption and human rights violations, corruption is categorized as a violation of human rights if the criminal act of corruption intersects with the violated human rights, therefore human rights violation caused by corruption should be made as a consideration by judge in his decision because the judge’s decision must be comprehensive in order to realize an ideal decision that reflects the value of justice, legal certainty, and legal benefits, and on the other hand, human rights is a fundamental element, therefore it should not be ignored in the judge’s consideration in making the verdict.
Politik Hukum Pembaruan Undang-Undang Nomor 9 Tahun 1961 Tentang Pengumpulan Uang Atau Barang Dalam Kegiatan Filantropi Di Indonesia Rr. Dyah Citra Harina
Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss1.art10

Abstract

Philanthropy based on Law No. 9 of 1961 on Collection of Money or Goods. But as the times evolve, Law No. 9 of 1961 is considered as a weak legal basis for the implementation of philanthropy in Indonesia. Whilst on the other hand, the funds collected through philanthropic activities have the potentials to support the achievement of Sustainable Development Goals. Therefore, the focus of this study discusses: 1) How the legal policy of reforming Law No. 9 of 1961 on Collection of Money or Goods in philanthropic activities in Indonesia; 2) How is the renewal of Law No. 9 of 1961 in philanthropic activities in Indonesia to support the achievement of SDGs 2030. This is a normative study and analyzed using descriptive analysis. This research concludes that the reform of Law No. 9 of 1961 can not be separated from other elements outside the law that have a role in the occurrence of changes in society. Legal certainty is emphasized in order to achieve justice. In addition, the responsiveness of the lawmakers is also needed in order to update Law No. 9 of 1961 can support the achievement of TPB nationally.
Pengaturan Corporate Social Responsibility Berdasarkan Guiding Principles on Business and Human Rights Gusti Fadhil Fithrian Luthfan
Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss1.art5

Abstract

This study aims to analyze the role of UNGP in constructing CSR legal policies in Indonesia and the implementation of CSR for companies, in order to create effective, targeted and beneficial CSR for the country, companies and society. This research is a normative study using a statutory approach, historical approach, conceptual approach and comparative approach. The results showed that according to UNGP, there is a principle of the company's obligation to respect human rights, so the company has a tool for accountability with human rights due diligence. This human rights due diligence serves to identify, prevent, mitigate and account for the impact of human rights violations that arise. In Indonesia, these UNGP principles need to be adopted in legislation such as that of France in order to create an effective, targeted and useful CSR.
Perlindungan Hukum Terhadap Pihak Ketiga Atas Perjanjian Perkawinan Yang Dibuat Setelah Perkawinan Yudiana Dewi Prihandini
Lex Renaissance Vol 4 No 2 (2019): JULI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss2.art9

Abstract

This study aims to formulate legal protection efforts for third parties if the marriage agreement is made after the marriage. This is derived from the Constitutional Court Decision Number 69 / PUU-XII / 2015 that defines the marriage agreement to be expandable, so that the marriage agreement is no longer interpreted only as an agreement made before the marriage (prenuptial agreement) but can also be made after the marriage takes place (postnuptial agreement). The Constitutional Court’s decision can lead to legal problems and legal uncertainty for third parties. This relates to the execution carried out by the creditor in the event of an agreement to separate property and unclear parties responsible when there is a default. This research is a normative legal study with the statutory and case approach. This study concludes, firstly, the Constitutional Court Decision Number 69 / PUU-XII / 2015 regarding marriage agreements can lead to rights and obligations and consequences for the parties. Second, in order to guarantee legal protection for third parties, the making and amendment of the marriage agreement should be carried out before a notary, made in good faith by the parties, must be recorded by the marriage registrar.
Legalitas Rangkap Jabatan Direksi Dan Dewan Komisaris Pada Badan Usaha Milik Negara Yang Berbentuk Perseroan Terbatas Risanti Suci Pratiwi
Lex Renaissance Vol 4 No 2 (2019): JULI 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol4.iss2.art4

Abstract

Limited Liability Company (PT) is a common form and is widely used in the business world in Indonesia. As a legal entity means that the company is an independent subject. This means that a PT can carry out business activities on its own behalf like humans, have their own wealth, and can be sued or sued before the court. Even so, PT needs organs that can represent itself to do all of these functions. The organs of PT in question are the general meeting of shareholders (GMS), the directors and the board of commissioners. In carrying out their duties, the three organs of PT above must act in accordance with the interests and objectives of the company so that the actions taken by the organs would not harm the company. The practice of concurrent positions of the directors and board of commissioners is a form of management behavior that is considered as a monopolistic practice. This study concludes that concurrent positions is a practice that is prohibited according to the statutory regulations even though it is not clearly regulated in the Company Law, yet in other regulations such as in the Law on State-Owned Enterprises (BUMN), concurrent positions are indeed prohibited.

Page 8 of 32 | Total Record : 320

 6   7   8   9   10 

Filter by Year

2016 2025


Reset
Filter By Issues
All Issue Vol 10 No 1: JUNI 2025 Vol 9 No 2 (2024): DESEMBER 2024 Vol 9 No 1 (2024): JUNI 2024 Vol 8 No 2 (2023): DESEMBER 2023 Vol 8 No 1 (2023): JUNI 2023 Vol 7 No 4 (2022): OKTOBER 2022 Vol 7 No 3 (2022): JULI 2022 Vol 7 No 2 (2022): APRIL 2022 Vol 7 No 1 (2022): JANUARI 2022 Vol 6 No 4 (2021): OKTOBER 2021 Vol 6 No 3 (2021): JULI 2021 Vol 6 No 2 (2021): APRIL 2021 Vol 6 No 1 (2021): JANUARI 2021 Vol 5 No 4 (2020): OKTOBER 2020 Vol 5 No 3 (2020): JULI 2020 Vol 5 No 2 (2020): APRIL 2020 Vol 5 No 1 (2020): JANUARI 2020 Vol 4 No 2 (2019): JULI 2019 Vol 4 No 1 (2019): JANUARI 2019 Vol 3 No 2 (2018): JULI 2018 Vol 3 No 1 (2018): JANUARI 2018 Vol 2 No 2 (2017): JULI 2017 Vol 2 No 1 (2017): JANUARI 2017 Vol 1 No 2 (2016): JULI 2016 Vol 1 No 1 (2016): JANUARI 2016 More Issue