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INDONESIA
JOURNAL of LEGAL RESEARCH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 27157172     EISSN : 27157164     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Search results for , issue "Vol 4, No 2 (2022)" : 16 Documents clear
Mekanisme Pemberhentian Presiden Republik Indonesia Iskandar Iskandar
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.26156

Abstract

The term impeachment of the president is not clearly written in the constitution. In the New Edition of the Big Indonesian Dictionary, it is stated that impeachment is putting down a position; abdicate the king. Impeachment is also an absorption language from Arabic which means demoted from office. It is defined by the term 'impeachment' in the constitutions of Western countries. The dismissal of the President and/or Vice President is carried out with the mechanism regulated in Articles 7A and 7B of the 1945 Constitution. Before the MPR dismisses the President and/or the Vice President, the appropriate mechanism must be followed. The President and/or Vice President may be impeached if they have violated the law in the form of treason against the state, corruption, bribery, other serious crimes, or disgraceful acts; and/or opinion that the President and/or vice president no longer meet the requirements as president and/or vice president. 
Perlindungan Hukum Bagi Member SJ Travel Pass Terhadap Perjanjian Baku Dalam Program Keanggotaan Khusus Jasa Angkutan Penerbangan (Studi Kasus SJ Travel Pass) Fathurian Ramadhan; Mustolih Siradj; Maman Rahman Hakim
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.22229

Abstract

This study examines the validity and legality of the standard agreement in the SJ Travel Pass special membership program on flight transportation services, as well as the legal protection for disadvantaged members. This study uses normative legal research on statutory standards. Using library research, the adopted strategy is both statutory and case-based. Reading, evaluating, characterizing, and analyzing library resources was done to generate relevant papers. This study concludes that the SJ Travel Pass standard agreement will be electronic. The contract is void under Article 1320 of the Civil Code and Law 19 of 2016 amending Law 11 of 2008 on Information and Electronic Transactions because it does not meet the objective requirements of Law 8 of 1999 on Consumer Protection, namely the inclusion of standard clauses prohibited under Article 18 section (1) letters g and f. The contract is void. Consumer protection compels Sriwijaya to compensate customers without criminal culpability or fines. The Indonesian Consumers Foundation has mediated (non-litigious) disputes. Consumers can fight for their rights by applying to the Consumer Dispute Settlement Agency or Arbitration Institution, filing a legal case with the District Court, and/or reporting fraud and embezzlement.
RESTRUKTURISASI KPR BERDASARKAN PERATURAN OTORITAS JASA KEUANGAN NOMOR 11/POJK/03/2020 TENTANG STIMULUS PEREKONOMIAN NASIONAL DAMPAK PENYEBARAN CORONAVIRUS DISEASE 2019 DI PT. BANK MAYBANK CABANG BSD KOTA TANGERANG SELATAN Fergal Ramadhan Guskar; Moch Bukhori Muslim; Maulana Hasanudin
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.21103

Abstract

The primary issue with this study is the government's issuance of OJK 11/POJK/03/2020 on Countercyclical Impact Economic Stimulus. The propagation of Coronavirus Disease 2019 as a kind of government support for COVID-19-afflicted Indonesians. Banks in Indonesia are required to carry out relief/restructuring of bank credit services. If Bank Maybank South Tangerang City BSD branch delivers relief/restructuring, is it in compliance with the applicable regulations? Government regulation, namely OJK Regulation No. 11/POJK/03/2020. Studies This study attempts to illustrate how the South Tangerang City branch of Bank Maybank BSD supported the government's 2020 policies to combat the COVID-19 pandemic. The results demonstrated that PT. Bank Maybank BSD City branch South Tangerang supports the financial stimulus policy issued by Financial Services Authority by issuing policies restructuring/credit relief for customers affected by the COVID19 pandemic by adjusting the conditions of each customer, and policies restructuring/credit relief for customers affected by the COVID19 pandemic. The relief granted conforms to rule No. 11/POJK/03/2020.
Kepastian Hukum Penerapan Pajak Air Permukaan (PAP) Di Pemerintahan Daerah Sumatera Utara Tuti Sukmawati; Khalimi Khalimi; Sartono Sartono
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.26739

Abstract

The Surface Water Tax (PAP) is one source of regional income. There are disputes and uncertainties that occur at PT. Indonesia Asahan Aluminum or PT. INALUM which has a different perception/understanding in determining the basic water price and the difference in determining the basic water price compared to other similar companies, causing legal uncertainty. The research method used is a normative juridical method, namely library law research that emphasizes secondary data research. The research approach used is a case study of the decision no. PUT-105234.06/2015/PP/M.IIA 2018. This research was conducted to examine how clear legal certainty is in the PT. INALUM and the Regional Government of North Sumatra Province. Based on research on legal certainty, the Regulation of the Governor of North Sumatra Number 24 of 2011 is not clear, causing problems with different calculations, so it is recommended to immediately follow up on the study conducted by BPKP regarding the surface water tax rate for electricity generation for its own purposes.
Perlindungan Hukum Terhadap Nazhir dari Tuntutan Ahli Waris Atas Akta Ikrar Wakaf Yang Dibuat Dihadapan Pejabat Pembuat Akta Ikrar Wakaf (PPAIW) Desy Trihartini; Anriz Nazaruddin Halim; Erny Kencanawati
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.27394

Abstract

This study aims to evaluate and analyze the legal repercussions of the waqf pledge deed executed prior to the official waqf pledge deed (PPAIW), as well as the legal protection of waqf beneficiaries (nadzir) on the requests of the heirs of the waqf donor (wakif). The research offered is normative legal research. This research utilizes the standard legal process as its methodology. This study adopts a qualitative methodology for data analysis. These are the results of this research: (1) The Waqf Pledge Deed is legal under Islamic law and domestic law (Positive law). In accordance with Islamic law, waqf must meet the pillars and requirements of waqf, which include the existence of waqif, nadzir, waqf property, the intention of using the object as waqf, and waqf pledge from wakif to nadzir. Waqf must meet the following requirements to be valid under national law (positive law): existence of wakif, nadzir, waqf property, waqf pledge, and naming of waqf items. Consequently, the Waqf Pledge Deed is legal under both Islamic law and American law. (2) The execution of the Waqf Pledge Deed, which is followed by the registration of waqf land for the purpose of issuing a waqf land certificate, affords Nadzir legal protection and legal certainty in the administration of waqf land. The existence of a Waqf Pledge Deed performed in accordance with its conditions, followed by the registration of waqf land at the local Land Office for the issuance of a Waqf Land Certificate, offers Nadzir, who receives and manages waqf land, legal protection and legal guarantee.
Analisis Yuridis Hak-Hak Asasi Tersangka Pidana Dalam Proses Penyidikan Slamet Santoso; Tofik Yanuar Chandra; Santrawan Paparang
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.27605

Abstract

In Indonesia, the criminal justice system consists of numerous steps, including investigation, investigation, prosecution, and trial. The investigative stage consists of a series of measures taken by investigators in accordance with and according to the manner outlined in this statute in order to discover the suspect and collect evidence that clarifies the nature of the criminal act. In addition, the suspect is a person who, based on preliminary information, should be accused of committing a crime because of his behavior or circumstances. The idea of presumption of innocence stipulates that all parties engaged in a criminal case must be presumed innocent until a court determines guilt. This principle must be observed by law enforcement throughout the investigation, prosecution, and court examination processes. This right is guaranteed by Article 8, paragraph 1, of Law No. 48 of 2009 on Judicial Power, which states that any individual who is suspected, arrested, detained, prosecuted, or brought before a court must be presumed innocent until a court decision declares his guilt and acquires permanent legal force. Suspects have rights and are protected by the law, despite the fact that they are suspected of committing a crime. This research is normative legal in nature. This study provides input and opinions that law enforcers, in this case Police Investigators, must implement the Presumption of Innocence Principle and defend human rights, since everyone must be deemed innocent prior to a court ruling declaring his guilt and acquiring permanent legal force. In order to expedite the investigative examination process, suspects should submit truthful and uncomplicated information, so that there are no factors that can lead to violence against suspects or abuses of their human rights.

Page 2 of 2 | Total Record : 16

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