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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
Eksistensi Pengurus Terkait Dengan Proses Pemberesan Kekayaan Yayasan Oleh Likuidator Dalam Mewujudkan Kepastian Hukum Fensky Readel Sumandag; Yuhelson Yuhelson; Bernard Nainggolan
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.v4i3.27915

Abstract

This study investigates the existence of a court-appointed board that serves as a liquidator. When the liquidator conducts the process of settling assets, problems occur if the Foundation's management is unwilling to work with the liquidator. The approach employed in this study is normative legal research, which is conducted in an effort to acquire the pertinent information regarding the issue. The qualitative juridical analysis method is utilized for data analysis. On the basis of Article 63 of the Foundation Law, the results of the study were obtained on the existence of the Management in the process of settling the assets of the Foundation by the liquidator. If the Foundation is dissolved because its time period and objectives have been met or not met, the Trustees appoint a liquidator; if the Trustees do not appoint a liquidator, the management acts as a liquidator; and if the Foundation is dissolved because of a court order, the court also appoints a liquidator. The court-appointed liquidator is authorized to dispose of the Foundation's assets. The nomination of the Management as Liquidator is inappropriate due to the fact that the liquidator is essentially a former member of the Foundation's management, which might cause conflict and impede the process of settling the Foundation's assets.
Kedudukan dan Akibat Hukum Surat Kuasa Membebankan Hak Tanggungan Menurut Undang-Undang No. 4 Tahun 1996 Tentang Hak Tanggungan Ajas Renaldi
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.v4i3.27555

Abstract

This article aims to find out the position and consequences of the power of attorney under Law No. 4 of 1996 on Dependent Rights. The application for credit to a bank must be backed up by juridical and economic elements, so that between the rights and responsibilities of both parties become clear and certain. The writing of this article uses normative juridical research methods. The results of this article show that the Position of Power of Attorney Charging Dependent Rights According to Law No. 4 of 1996 on Dependent Rights is an authentic deed made by a notary or Land Deed Making Officer, If the dependent rights giver cannot present themselves before the PPAT to make the Deed of Granting Dependent Rights (APHT). As a result of the Power of Attorney's Rights Charging Dependent Rights that is the power to charge dependent rights can not be withdrawn or cannot end for any reason except because the power has been exercised or because it has expired.
Kepastian Hukum Status Anak Karena Pembatalan Perkawinan dan Akibat Hukumnya Dalam Sistem Hukum Di Indonesia Indah Sukma Ramdhini; Felicitas Sri Marniati; Yurisa Martanti
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.v4i3.27546

Abstract

In carrying out a marriage, thereare conditions that must be carried out by the bride and the groom. who wants to marry in accordance with the marriage law and the law of their respective religions. If these conditions are not implemented,the marriage can be annulled. From the annulled marriage, there are children who are born, so how is the legal certainty and the legal consequences of the status of the children born from the canceled marriage. In this study, the theory of legal consequences is used, namely that a legal action taken by a legal subject can lead to a legal consequence and the theory of legal certainty is how the rules that are clear, issued and recognized by the state are used by judicial leaders who are carried out concretely. The method used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used the statutory approach, the conceptual approach. The analytical approach and the method of collecting the legal materials are carried out by identifiying and taking an inventory of positive law, journals and other legal sources. The method used in analyzing the legal materials or legal material analysis techniques, it is carried out with grammatical legal interpretation, systematic interpretation, and legal construction methods. From the research results can be obtained that : (1) the legal consequences of annulment of marriage on the status of children born in the marriage are children still have a legal relationship with their parents (2) legal certainty on the status of children born in the marriage is still a legal child and cancellation marriage does not apply retroactively to the status of the child.
Pemenuhan Hak Penghasilan Pekerja Rumahan Sektor Usaha Alas Kaki Di Muara Baru Jakarta Utara DKI Jakarta Abdul Husen; Abdullah Sulaiman
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.v4i3.21316

Abstract

This home worker in the Muara baru area of North Jakarta is one of the informal sector workers who are still not regulated in Law Number 13 year 2003 concerning Manpower. The situation causes homeworkers have not received recognition and certainty of their work status, they often forgotten in manpower planning policies and have to deal with various obstacles as workers, including the non-fulfillment of their rights as workers in Indonesia. This thesis aims to find out how the mechanism should be taken to ensure the fulfillment of the rights of homeworkers in the regions Muara Baru, North Jakarta and what is the government's role in providing legal protection of the home work system in Indonesia in general and in Muara Baru area, North Jakarta in particular, by knowing in advance how is the legality of work agreements made between homeworkers in the regions Muara Baru, North Jakarta with an employer intermediary. This research using the type of empirical juridical research by conducting interviews fieldwork for homeworkers in the Muara Baru area of North Jakarta, then conduct a study of library materials by reading, studying, review and analyze the literature to develop related studies with the title of this thesis. The results of this study indicate that the legality of the work agreement established between homeworkers in the Muara Baru area of North Jakarta with intermediaries the employer is only limited to a verbal work agreement, while the mechanism must be done in order to create guarantees for the fulfillment of the rights of homeworkers in the regions Muara Baru North Jakarta is through the mobilization of law and the Government in this has not yet come into play. In order to prevent this from happening prolonged, it is necessary to revise Law Number 13 Year 2003 concerning Manpower or the enactment of new Laws and Regulations related to the work-home system.
Kewajiban dan Tanggungjawab Wali Amanat Terhadap Investor Pemegang Obligasi Menurut Undang-Undang Nomor 8 Tahun 1995 Tentang Pasar Modal Qodrad Risqitullah
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.v4i3.27558

Abstract

This thesis is descriptive normative legal research on the Trustees' duty to bondholder investors under the Capital Market Law, hence no hypotheses are needed. Data collecting strategies using library research to trace legal documents to books, periodicals, seminar papers, and related laws and regulations, notably in the Investment industry. Data management techniques include editing and categorizing data, followed by qualitative data analysis to draw a conclusion, which is that the Trustee's obligation to bondholder investors under the Capital Market Law is to act only for the benefit of all investors and avoid a conflict of interest between the trustee's interests and those of bondholder investors (duty of loyalty and good faith). According to the Capital Market Law, these include researching prospective issuers, determining the rights of debt/bond holders, and drafting contracts/agreements.

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