Garuda - Garba Rujukan Digital

The Role of International Institutions in Law Enforcement and Human Rights in the Palestinian-Israeli Conflict Putri, Angelina; Dinata, M. Ruhly Kesuma; Edrisy, Ibrahim Fikma
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.11636

The Palestine-Israel conflict is one of the longest and most complex conflicts in modern history, which has resulted in various human rights violations (HAM), such as the killing of civilians, and the destruction of vital infrastructure. This study aims to analyze the role of international institutions in enforcing law and human rights during this conflict, focusing on bodies such as the United Nations (UN), the International Court of Justice (ICJ), and the International Criminal Court (ICC). This study uses a normative legal method with a descriptive-analytical approach, reviewing related legal literature and documents to evaluate international law enforcement efforts by these institutions. The results of the study show that although international institutions play an important role in promoting peace and legal accountability, their effectiveness is hampered by political interests, especially the veto power held by permanent members of the UN Security Council, such as the United States which often supports Israel. In addition, the ICC does not have full jurisdiction over Israel because Israel is not a party to the Rome Statute, so that law enforcement against violations in the Palestinian territories is less than optimal. This study offers novelty by emphasizing the need for reform of international law enforcement mechanisms, especially limiting the use of vetoes and empowering international institutions to address violations of humanitarian law. This study makes an important contribution to the discourse on international law enforcement, by proposing reforms aimed at improving the effectiveness of international institutions in ensuring accountability and justice in conflict zones.

Ethics Under Scrutiny: How Regional Notary Supervisory Assemblies Curb Professional Misconduct? Dewisari, Carolina Gracia; Utama, I Wayan Kartika Jaya; Wesna, Putu Ayu Sriasih
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.11715

In Indonesia, the role of the Notary Supervisory Board has a very important function in carrying out the Notary profession in carrying out its authority when violations occur or when Notaries experience problems that must be proven. The research aims to analyse the role of the Regional Notary Supervisory Council in carrying out supervision in preventing violations of the Code of Ethics by Notaries in Denpasar City and to analyse the sanctions given to Notaries who violate the Code of Ethics in Denpasar City. This research is empirical research conducted in Denpasar City because the number of notaries in this city is the highest. Data was obtained through interviews, documentation and literature study, which was then analysed descriptively qualitatively. The research results show that the Regional Supervisory Council has an important role in supervising notaries, namely checking notary protocols periodically every quarter and year, providing new notaries, as well as coordinating with the Regional Supervisory Council, and also responding to public reports with detailed verification and inspection. The Regional Supervisory Council proactively provides guidance to notaries through various programs, such as outreach regarding developments in laws and regulations, as well as monitoring the implementation of administrative obligations by notaries. The role of the Regional Supervisory Council is not only reactive in taking action against violations but also proactive in preventing violations through continuous guidance.

Legal Perspectives on Small-Scale Infrastructure Development Through Public-Private Partnerships: A Development Law Analysis Kurdi, Kurdi; Amalia, Prita; Wardhana, Yuki M.A
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.11825

This study aims to analyze the implementation of infrastructure development in Indonesia using the Public-Private Partnership (PPP) scheme from the perspective of development law as proposed by Prof. Dr. Mochtar Kusumaatmadja. Infrastructure development is crucial for achieving national development goals and improving public welfare, yet it often faces challenges such as bureaucracy and funding. The PPP scheme offers a solution by integrating the public and private sectors, as well as sharing risks to enhance the effectiveness and efficiency of infrastructure projects. This research employs a normative juridical method to examine regulations related to PPP, specifically Presidential Regulation Number 38 of 2015, and a conceptual approach to understanding the development law theory proposed by Kusumaatmadja. This theory emphasizes the role of law as a tool for reform and social development, with two main dimensions: order and regulation, and effective governance. The study finds that the PPP scheme aligns with the principles of development law theory, focusing on sustainable development, orderliness, and adherence to international practices. Additionally, the PPP scheme demonstrates a close relationship with national legal development, supporting the implementation of infrastructure projects. These findings are expected to provide insights for the more effective development and application of PPP in the context of development law in Indonesia

Criminalizing Unauthorized Motor Vehicle Debt Transfers in Fiduciary Agreements Hermawan, Nabila Tasya; Adhari, Ade
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.12137

The fiduciary system in Indonesia is a legal mechanism to protect the rights of creditors over objects that remain in the debtor's control. The basic principle of fiduciary transfer is trust, where the debtor gives ownership rights to an object, for example, a motor vehicle, to the creditor as collateral for debt repayment. Problems arise when debtors transfer debt obligations involving motor vehicles without the approval of fiduciary creditors. Criminalizing the transfer of debt without fiduciary approval provides legal protection for creditors, increases legal certainty in civil transactions, and prevents fraud or evasion of debt obligations. Criminalization applies criminal penalties for certain actions that are detrimental to others or society. This research aims to examine the causes and rationale behind the criminalization of transferring fiduciary collateral without the fiduciary holder's consent. The methodology used is a normative juridical approach, which focuses on the analysis of the legal regulations that apply in Indonesia. The research results show that transferring motor vehicle debt without written approval from the fiduciary creditor is an act punishable by crime. This research also recommends strengthening fiduciary regulations by providing stricter administrative or civil sanctions for debtors who commit violations. It is hoped that applying criminal sanctions in the context of criminalization can be an effective preventive measure to protect creditors' rights and prevent violations of fiduciary agreements, thereby providing better legal certainty in the fiduciary system in Indonesia.

Legal Framework and Practical Effectiveness of Prenuptial Agreements in Indonesian Marriages Khairun Nisa, Raden Roro Salma Almira; Tjempaka, Tjempaka
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.12148

In the context of marriage in Indonesia, the term "Prenuptial Agreement" is recognized as an important legal instrument that regulates the rights and obligations between husband and wife before a marriage takes place. This instrument is designed to protect the individual economic interests of each spouse by specifically arranging both premarital assets and assets acquired during the marriage. This study aims to analyze the legal framework regarding prenuptial agreements in Indonesia and its role in post-marital life, particularly concerning asset division, dispute resolution, and protection of the economic rights of spouses. It also assesses the extent to which the current legal framework is adequate in addressing increasingly complex social and economic changes, and how the implementation of prenuptial agreements is applied in Indonesia. This study examines the relevant legal provisions through a normative juridical research method. The findings show that prenuptial agreements have legitimate legal force and are recognized by the state. These agreements provide legal security for couples in terms of asset distribution and financial obligations and can minimize potential disputes in the future. Additionally, prenuptial agreements serve as a preventive instrument that protects each party's financial interests. Substantively, the effectiveness of prenuptial agreements is influenced by clear and fair provisions concerning the rights and obligations of the spouses. Structurally, the agreement must be drafted and executed in compliance with applicable legal requirements. With a well-structured prenuptial agreement, couples can obtain optimal legal protection, thereby minimizing the potential for conflicts regarding economic rights within marriage.

Implementation of Muhammadiyah Tarjih Decisions on Fajr Time: A Study of Mosques in Medan Pratama, Muhammad Roni; Tanjung, Dhiauddin
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.12174

The determination of the time of dawn is highly dependent on the position of the sun. The government, through the Ministry of Religious Affairs, has long used a sun depression angle of -20° as a marker of the beginning of dawn. However, the latest decision of the XXXI Tarjih National Conference revised this criterion to -18°. This change directly leads to a shift in the calculation of the time of Fajr, becoming backward in time by 8 minutes. This study was conducted to analyze more deeply the implications of the change in the criteria for determining the time of dawn, which resulted from the national deliberation of Islamic religious experts. Internal and external factors of the implementation of the Muhammadiyah Tarjih decision on the criteria for the beginning of Fajr time in the Muhammadiyah mosque in Medan City. In this case, it is necessary to conduct research that uses clear data analysis, and descriptive-analytical methods to provide answers to existing problems and find conclusions, namely the research conducted produces and that the efforts of the Tarjih and Tajdid Council of Muhammadiyah Medan City to try to implement and socialize to the congregation, Muhammadiyah sympathizers and the surrounding community regarding the Tarjih Decision on the beginning of dawn time have accurate data and can be accounted for.

Ensuring Constitutional Rights: Legal Protection for Outsourced Workers at PT. MBS (Mie Gacoan) Saputra, Hendra; Hayatuddin, Khalisah; Mahfus, Abdul Latif; Wulandari, Rina Dwi
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.11760

Workers who carry out work in outsourcing companies should not lose their rights, which are protected by the Constitution. Such guarantees and protection cannot be implemented properly only through binding work agreements between companies and workers because workers are in a weak bargaining position as a result of the large number of job seekers or oversupply of labor. The implementation of the outsourcing system is considered to be widely practiced in order to reduce the cost of workers' wages with minimal protection for workers. Moreover, Law No.11/2020 further legalizes the existence of outsourcing and the types of work that are not restricted. Further provisions governing outsourcing are stipulated in Government Regulation No. 35/2021, which stipulates that the working relationship between outsourcing companies and the workers/laborers employed is based on PKWT or PKWTT. The practice of outsourcing is not in accordance with the prevailing laws and regulations, for example at PT MBS (Mie Gacoan) in relation to the protection of wages, welfare, labor social security, occupational safety and health protection, which is not fulfilled by the employer, so that it is very contrary to the law and the responsibility of the state to be able to guarantee that workers obtain their rights. From the results of the research, it was found that after the enactment of the Job Creation Law and Government Regulation Number 35 of 2021, Article 64 and Article 65 of the Manpower Law were abolished and the regulation on the provision of worker/labor services in Article 66 was changed to a regulation on the working relationship between outsourcing companies and the workers/laborers they employ. The provisions in Law No. 11 of 2020 on Job Creation allow for no time limit for outsourced workers, so that workers can be outsourced indefinitely and even for life, such as the sociological facts of outsourced workers at PT MBS (Mie Gacoan) related to protection regarding wages, welfare, labor social security, occupational safety and health protection are not fulfilled by the employer so that it is very contrary to the law and the responsibility of the state to be able to guarantee that workers obtain their basic rights in accordance with the provisions in Article 27 paragraph (2) of the 1945 Constitution and Article 28 D paragraph (2) of the 1945 Constitution.

The Role of the Prosecutor's Office in Enforcing Anti-Corruption Laws within Local Governments: A Socio-Legal Perspective Purnomo, Cahyo; Fuad, Fokky; Suartini, Suartini
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.12079

This study aims to analyze the role of the Prosecutor’s Office in enforcing anti-corruption laws within local governments from a socio-legal perspective. The research adopts a normative juridical method using a statutory and conceptual approach. Corruption is classified as an extraordinary crime that must be eradicated within society. In Indonesia, corruption cases are predominantly committed by local government officials. The enforcement of anti-corruption laws in Indonesia is primarily dominated by the Prosecutor’s Office. In this context, a socio-legal perspective is required to support the enforcement of anti-corruption laws. Law enforcement actions against corruption at the local government level constitute social actions that inherently involve socio-legal aspects, as they produce both positive and counterproductive social impacts. The role of the Prosecutor’s Office in enforcing anti-corruption laws within local governments must account for these social impacts. The findings of this study reveal that law enforcement against corruption generates diverse social outcomes. The positive impacts include increased support from the public, NGOs, and local governments for the law enforcement process. Such support typically arises when law enforcement actions are carried out transparently and in accordance with procedural norms. Conversely, counterproductive impacts include disruptions to local development programs, particularly when human resources in local governments become preoccupied or hindered by legal proceedings. Government officials often hesitate to assume strategic financial positions due to fear of legal repercussions, leading to stagnation in the execution of critical tasks, especially those involving state financial management.

Evidence Against Female Victims of Adult Sexual Violence Labibah, Hanin Alya'; Lestari, Arum Ayu
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.12229

In the Criminal Procedure Law, in proving a case, one of the conditions must have a minimum of 2 (two) witnesses, this becomes a problem when this condition is combined with the crime of sexual violence, based on most of the facts that occur in the field, sexual violence experienced by the victim is not necessarily known by others. The purpose of this study is to find out and analyze the crime of witness sexual violence as one of the important aspects of procedural law, as well as to find out the position of electronic evidence in the crime of sexual violence. This type of research is normative legal research with a conceptual approach and a legislative approach. From this study, it can be concluded that in the case of a problem where the crime is difficult to find witnesses, because it happened in a closed place, then 2 witnesses cannot be used as the main evidence for the defendant to be declared guilty because basically, the various pieces of evidence mentioned in Article 184 of the Criminal Code have equal status so that the judge can choose which 2 pieces of valid evidence can give confidence to the judge to determine a person guilty or not. Furthermore, electronic evidence can be used as valid evidence in the crime of adult sexual violence as stipulated in Article 5 paragraph (1) of the ITE Law, the position of electronic evidence as an extension of valid evidence in the Criminal Code.

Juridical Analysis of the Etawaku Trademark Cancellation in Business Cooperation Tsani, Sulthan Mada Maulana; Indrawati, Septi
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.12372

Brand is an important component in a business. Trademarks have the power to shape a company's image and influence consumer decisions. Nevertheless, there are registered trademarks with similarities or similarities with previously registered trademarks and the first registrant feels disadvantaged, so that legal efforts can be made to cancel the trademark, remove the trademark, or apply for compensation. This study aims to determine how the consequences of cancellation of the trademark against business cooperation agreements, to achieve these objectives can be done through the method of normative legal research with more emphasis on understanding in obtaining answers by basing on the principles and principles of law applied to regulate the sovereignty of a country. The results show that the cancellation of the "ETAWAKU" Trademark can affect business cooperation in a significant way, considering that the brand is an important element in marketing and selling products. Where the impact can be in the form of contract cancellation, economic loss, or reputational damage for the parties involved. Therefore, it is very important to ensure that the trademark used in business cooperation has strong and valid legal protection, and anticipate the possibilities that can arise due to the cancellation of the trademark.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Syofyan Hadi

Contact Email
syofyan@untag-sby.ac.id

Phone
-

Journal Mail Official
jurnalhls@untag-sby.ac.id

Editorial Address
Jalan Semolowaru Nomor 45 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Syofyan Hadi

Contact Email syofyan@untag-sby.ac.id

Phone -

Journal Mail Official jurnalhls@untag-sby.ac.id

Editorial Address Jalan Semolowaru Nomor 45 Surabaya

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Syofyan Hadi

Contact Email
syofyan@untag-sby.ac.id

Phone
-

Journal Mail Official
jurnalhls@untag-sby.ac.id

Editorial Address
Jalan Semolowaru Nomor 45 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA