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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 15 Documents
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Search results for , issue "Vol 4, No 3 (2022)" : 15 Documents clear
The Role of Village Apparatus in Managing Village Assets Based on the Regulation of the Minister of Home Affairs Number 1 of 2016 Fitriani Hakim; Siti Ngainnur Rohmah
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.27250

Abstract

Village officials play an important role in managing village assets because they are assets owned by the village, although in managing village assets still have certain limitations, especially in the organization of government. This paper provides an understanding of how village asset management is based on Permendagri Number 1 of 2016 and how the role of langonsari village apparatus, Pameungpeuk District, Bandung Regency in managing village assets. This research is a qualitative research. The data collection technique was carried out by means of field research, using observation methods, and interviews with the Village Head, Village Secretary and several representatives of village officials in Langonsari Village, Pameungpeuk District, Bandung Regency, totaling 5 informants. The results showed that the role of village officials in managing village assets has not gone well, so that the results are not optimal in managing the village's assets. In addition, there are also obstacles such as lack of HR competence and village officials who do not know the specifics of village asset management which greatly affects the implementation in the utilization or management process. Which causes the implementation of village asset management in Langonsari Village has not been in accordance with the regulation of permendagri Number 1 of 2016 concerning Village Asset Management.
Kepastian Hukum Pendaftaran Tanah Secara Sporadik Oleh Kantor Pertanahan Yang Menimbulkan Sertifikat Ganda Adhi Kurniawan; Wira Franciska; Dhody AR Widjajaatmadja
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.27547

Abstract

In the first land registration, the phrase cadastral registration, a technical term for recording records, land registration, ownership of rights, rechkadastral, and legal cadastral, is governed by government regulation 10 of 1961. In occasional land registration, BPN does not employ competent administration, resulting in administrative flaws that might lead to duplicate certificates for land parcel owners. To obtain legal certainty over the physical and legal ownership of land parcels in the ownership of the certificate of title and to apply the muthakir principle, the ownership of the certificate is doubled because Bpn's registration does not use the most recent principle in sporadic land registration for the first time. This study employs normative juridical research, namely library law research or secondary data with primary, secondary, and tertiary legal sources, as well as interviews with district-city measurements. Land registration must have a foundation, namely a land book, so that the landowner's ownership has legal certainty that stays valid on the land's physical surface with a legal certificate of ownership, namely a certificate. The conclusion is that in the issuance of double certificates, legal remedies may be settled through non-litigation, mediation between the aggrieved party, the land owner, and the National Land Agency (Non Litigation), and if this is not possible, through court (litigation) peace and tax restitution.
Pembatalan Kontrak Sepihak Dalam Transaksi E-Commerce Reza Ghovin Ankasa; Nurhasanah Nurhasanah; Ahmad Chaerul Hadi
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.21419

Abstract

The number of unilateral cancellations carried out by the Platform marketplace marketplace platform, which resulted in losses for consumers. The cancellation made by Platform marketplace is not without reason, but there are factors that cause the unilateral cancellation to occur. Platform marketplace then provides compensation in the form of vouchers to consumers but can only be used on the Platform marketplace platform so that consumers have limitations in using these rights. The unilateral cancellation by Platform marketplace in this study was reviewed using the Consumer Protection Act. This study aims to make consumers understand the factors that cause an order to be canceled and get accountability from Platform marketplace in accordance with the Consumer Protection Act. The method used in this research is normative research with library research type (library study) with normative juridical research methods. The main references used in the study are legislation, interviews with Platform marketplace consumers, and Platform marketplace standard agreements.
Upaya Hukum Terhadap Debitur Pada Layanan Pinjaman Uang Berbasis Finansial Teknologi Citra Citra
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.27559

Abstract

This study's objective is to investigate the legal remedies taken against debtors of technology-based financial lending services and how to avoid problems with technology-based money loan services. This research is normative legal research undertaken by reviewing and analyzing literature and statutory books. According to the findings of the research, legal remedies against debtors in peer-to-peer lending services are governed by Law No. 11 of 2008 regarding Information and Electronic Transactions. Law No. 21 of 2011 pertaining to the Financial Services Authority, Government Regulation No. 82 of 2012 pertaining to the Implementation of Electronic Systems and Transactions, Regulation of the Financial Services Authority No. 1/POJK.07/2013 of 2013 pertaining to Consumer Protection in the Financial Services Sector, Regulation of the Financial Services Authority No. 77/POJK.01/2016 Year 2016 pertaining to Information Technology-Based Lending and Borrowing Services, Minimal Capital Requirements, and Minimal Capital Requi Legal Efforts, Debtors, Money Loan Services, and Financial Technology are keywords.
Penyelesaian Sengketa Atas Tumpang Tindih Kepemilikan Hak Atas Tanah Yang Mengalami Pembebasan Lahan Untuk Kepentingan Umum Hosrizul Hosrizul; Joko Sriwidodo; Mohamad Ismed
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.27548

Abstract

Landowners affected by land acquisition initiatives in the public interest, especially for the government's benefit, frequently have trouble receiving compensation, as government and private sector property purchases are common. On the land, there was an overlapping ownership dispute, which delayed the land acquisition because it had to be resolved in court. This study's objective is to examine and appraise techniques for resolving overlapping land ownership disputes and the legal certainty of property rights for which land acquisition is to be done. The author uses normative and empirical legal methods in this study. Because normative legal research focuses on law or norms, the author uses a normative technique. Rules include legal principles, value rules, and legal restrictions. Legally normative study involves legal theory, the legal system, and vertical and horizontal synchronization. Due to overlapping land ownership generated by the buying and selling of land rights, the legal certainty of land rights for which land acquisition is to be done has not been adequately accomplished. The Camat who served as PPAT in the aforementioned case acquired the same block of land, which was not in the public's best interest.
Tinjauan Yuridis Kepailitan Akibat Pembatalan Homologasi Penundaan Kewajiban Pembayaran Utang Alifah Zhecarina Kadang; Ipah Farihah; Mustolih Siradj
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.21420

Abstract

This study aims to evaluate the judge's legal reasoning in the judgment Number: 4/Pdt.Sus. Peace Cancellation/2019/PN.Niaga.Jkt.Pst. Jo. Number 718K/Pdt.Sus-Pailit/2019, as well as how the cancellation of the homologation of the postponement of debt payment obligations led to insolvency. Analysis of the matter between PT Arpeni Pratama Ocean Line Tbk and PT CIMB Niaga in their respective roles as debtor and creditor. Due to the debtor's negligence with the homologated peace document, the creditor petitions the Commercial Court to annul the peace agreement. At the level of the Commercial Court, the court denied the demand for cancellation. The Creditors file an appeal with the Supreme Court in response to the verdict of the Commercial Court Judge. The Supreme Court judge observed in his ruling that he had approved the creditor's motion to reject the reconciliation. This study combines a descriptive-analytical research technique in conjunction with a legal research strategy consisting of a normative juridical or statutory approach and qualitative analysis methodologies. Case research for Decision Number 4/Pdt.Sus.Cancellation of Peace/2019/PN.Niaga.Jkt.Pst. Jo. Number 718K/Pdt.Sus-Pailit/2019 revealed that the judge's legal considerations at the first level were in conflict with several Civil Code articles and the principle of balance in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Temporary Debt Payment Obligations. The judge of the Supreme Court who accepts the petition for peace annulment declares the debtor bankrupt with all legal consequences.
Faktor Keterbatasan Polisi Dalam Melakukan Penyidikan Tindak Pidana Penyebaran Berita Bohong Di Media Oline Dandi Alwanda
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.27560

Abstract

Law No. 2 of 2002 concerning the Indonesian State Police which contains all regulations and understandings regarding the police, and the procedures of a police officer carrying out their duties. Hoax news or hoaxes are news that is manipulated, reduced or added to obscuring the true meaning of a particular information and news, lately fake news often spreads and increasingly unsettling the public because it is difficult to identify the news. This research is normative juridical research with a case approach. The results of research and discussion show that the limitations of the police in investigating the crime of spreading false news in online media are the legal factor itself is the regulation of invitations that have not been applied effectively, then the factor of inadequate facilities or facilities, community factors that tend to be dependent on social media. While the police's efforts in countering the criminal act of spreading fake news consist of three points, namely pre-emtive, preventive, repressive.
Kepastian Hukum Penyelesaian Sengketa Atas Kepemilikan Ganda Terkait Dengan Pembebasan Tanah Untuk Kepentingan Umum Ade Slamet Riadi; Irawan Soerdjo; Ahmad Yani
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.27512

Abstract

The land issue is a problem that is most closely related to the basic rights of the community. Land acquisition for the use of public interest is related to land that has a social function. Along with the high value and benefits of land, many people try to obtain proof of land ownership by having fake certificates, where the data on the certificate does not match what is in the land book. This study uses a normative juridical method which is supported by empirical juridical. Based on the results of research on court decisions Number 482/Pdt/2018/Pt.Bdg. shows that legal certainty over the dual ownership certificate has been achieved with the judge's decision granting the Plaintiff/Plaintiff's claim as the owner of the original land rights. Therefore, the National Land Agency must be more careful in making physical data and juridical data in carrying out the land registration process, and also for the next case the judge is more careful in examining the chronology of the occurrence of ownership of land rights, because it involves the certainty of the subject and object of ownership of rights. over the ground.
Penyalahgunaan Kewenangan Direksi Dalam Peralihan Hak Atas Tanah Berdasarkan Perjanjian Pengikatan Jual Beli Dikaitkan Dengan Undang-Undang Perseroan Terbatas Emilya Tunggal Manuain; Wira Franciska; Jelly Nasseri
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.27735

Abstract

The Board of Directors manages the firm in line with laws, rules, the articles of incorporation, and GMS decisions. Setbacks and lack of funds may force a company's board of directors to sell its assets. For legal processes to transfer or sell corporate assets, the company's articles of association must be examined, and if the transfer exceeds 50%, agreement from the Company's GMS is required. Taking the step by the board of directors will have legal consequences. This study uses normative legal research to get relevant data. The author used statutory methodology, authority, and legal consequences as analytical tools. Legal papers are studied by recognizing and cataloging grammatical and systematic interpretations of secondary data. The study obtained the authority of the board of directors, where in carrying out the responsibilities of managing the company is limited by laws and regulations, as stated in the articles of association of the PT in accordance with Article 100 paragraph (1) of the Limited Liability Company Law, and legal consequences for the parties in the case of misuse of such authority in the transfer. PPJB is agreement cancellation with compensation. In accordance with Civil Code Articles 1243 and 1244, which refer to the reimbursement of costs, damages, and interest in the case of a contract violation, parties aggrieved by the cancellation of the PPJB have filed a lawsuit for recovery of all costs and interest.
Analisis Yuridis Proses Peradilan Tindak Pidana Korupsi di Pengadilan Negeri Kelas IA Palembang Indra Ade Kurniawan
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (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.v4i3.27549

Abstract

The Corruption Court in the Class IA Palembang District Court in examining corruption cases uses the procedural law used in examinations at the corruption court, namely Law Number 8 of 1981 concerning the Criminal Procedure Code, equipped with certain articles. The method used in this study is a qualitative method with a literature approach. The results of the study state that there are obstacles faced by the Class IA Palembang District Court in resolving the Corruption Crime, namely obstacles that arise from the law itself, in addition to constraints from Law Enforcement Officials, constraints on facilities or facilities, constraints on community environmental factors, and constraints arising from the perpetrator himself.

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