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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 5 (2022)" : 15 Documents clear
Analisis Pertanggungjawaban Hukum Debitur Wanprestasi Terhadap Kreditur Yang Menerapkan Alasan Wabah Covid-19 Sebagai Force Majeure Selvi Apriliya
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.28242

Abstract

This research is normative legal research conducted by reviewing and analyzing library materials. This research refers to the legal norms contained in the legislation and court decisions as well as the norms that live and develop in society. In this study, there are regulations issued by the competent government and local and national government policies that impose lockdowns or social distancing, restrictions on entry routes between regions, and ask the whole community to stay at home or work from home (work from home). house) directly hinders the performance of achievements or obligations in a contract agreement, thus causing this to be classified as a state of coercion or force majeure. Based on the results of the study, it can be understood that debtors who default on creditors during the Covid-19 outbreak using force majeure reasons so that they are free from the responsibility to make achievements, there must be elements of force majeure according to Article 1245 of the Civil Code and the debtor is obliged to prove it. With the POJK No. 11/POJK.03/2020 concerning National Economic Stimulus as a Counter-cyclical Policy on the Impact of the Spread of Coronavirus Disease 2019 and POJK No. 14/POJK.05/2020 concerning Counter-cyclical Policy on the Impact of the Spread of Corona Virus Disease 2019 for Non-Bank Financial Services Institutions. This regulation authorizes banking financial institutions or financing institutions to provide “credit relaxation”, in which credit relaxation itself is the granting of concessions related to credit payments amid Covid-19.
Perlindungan Hukum Terhadap Notaris Dalam Melaksanakan Rahasia Jabatan Terhadap Akta Yang Dibuatnya Terkait Sengketa Internal Para Pihak Di Pengadilan Yoseph Freinademetz Kantar; Jelly Nasseri; Anriz Nazruddin Halim
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.28920

Abstract

A notary is a public official who is only authorized to make an authentic deed regarding all actions, agreements, and stipulations required by general regulation or by an interested party who is required to be stated in an authentic deed, guarantees the certainty of the date, keeps the deed, and gives Grosse, copies, and the quotation, as long as the making of the deed by general regulation is not assigned or excluded to other officials or people. This research uses Philipus M. Hadjon's legal protection theory and Sudikno Mertokusumo's legal certainty theory. The normative juridical study uses literary or secondary data from primary, secondary, and tertiary legal sources. The Statute Approach, Conceptual Approach, Analytical Approach, Case Approach, and the method of identifying and inventorying positive legal rules, literature, books, journals, and other legal sources are utilized for research. Analyzing legal documents involves legal interpretation, systematic interpretation, and legal construction. The study found that a Notary is a public authority who facilitates community legal actions. The Law on Notary Positions encompasses most legal ties in society. Protection and legal certainty for Notaries summoned as witnesses in criminal proceedings, notably on their obligation to keep their positions secret. As said earlier, a Notary is a trusted position that must be kept hidden.
Pemutusan Hubungan Kerja Lokal Dipekerjakan Oleh Perwakilan Negara Asing Di Indonesia Ferinda Khairunissa Fachri; Fitria Fitria; Diana Mutia Habibaty
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.22298

Abstract

This thesis focuses on employment termination conflicts between Indonesians and FCRs. Foreign Country Representatives argued that the Indonesia Industrial Relations Court lacks the authority to decide a quo issue since it has diplomatic and state immunity. This study uses normative legal approach and international and domestic law as sources. The 1961 Vienna Convention and the 1963 Vienna Convention, the International Labor Organization's Termination of Employment Convention 1982, and the United Nations Convention on Jurisdictional Immunities of States and Their Property 2005 are the primary sources of international law, while Indonesia's national laws are the Code of Civil Law, Act Number 2 of 2004 on Settlement of Industrial Relations (PPHI), Act Number 11 of 2020 on Job Creation, and a few others. The research also reviews three court decisions on Foreign Country Representatives' termination of employment with Indonesians and compares them to the aforementioned laws. This study found that terminated local employees can sue in Industrial Relations Court. Due to the defendants being foreign state representatives, the case must also comply with the employees' and Foreign Country representations' agreement (e.g. Embassy, Consulate). The Agreement between the two nations controls the Industrial Relations Court's authority in disputes involving Indonesian (local) workers and foreign country representations in Indonesia, as well as court judgements.
Tinjauan Yuridis Terhadap Pemberian Kredit Tanpa Agunan Untuk Modal Usaha Dengan Prudential Principle dan The Five C of Credit Analysis Wiwit Rahmawati; Ramlani Lina Sinaulan; Januar Agung Saputera
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.28900

Abstract

When extending credit to consumers, banks and financial institutions will always take precautions to protect themselves if the credit recipient (debtor) defaults or is unable to repay the credit. If the credit is followed by the binding of collateral, this prevention occurs. If the debtor defaults, the guarantee will serve as a replacement for credit payments made by banks and other financial institutions. In accordance with Article 2 letter b of Law No. 10 of 1998 pertaining to Banking, a violation of the precautionary principle in the provision of credit by banks carries legal repercussions, including the imposition of criminal punishment or fines. This study employs a qualitative descriptive methodology. According to the findings of this study, the granting of credit by banks needs cautious action on the part of the bank. The risk associated with extending credit is so large that it is necessary to evaluate whether the prospective debtor is deserving of credit. In banking practice, both persons and legal entities can apply for credit. Each candidate must satisfy the bank's predetermined criteria.
The Practice of Financial Data Collection in the “Talitihan/Gantangan” Tradition in Wedding Receptions in Gantar District According to Islamic Law Fajar Kurnia; Imam Prawoto; Rizal Maulana
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.28371

Abstract

This article presents the findings of a study on the financial data gathering practiced by the gantangan people in rural Gantar District when hosting wedding festivities. This research was conducted utilizing a qualitative research method with a descriptive phenomenological approach that use life experience as a tool to better understand socio-culture by gathering data through observations, interviews, and recording, which is then evaluated to reach conclusions. The financial data collection mechanism has both advantages and disadvantages. An advantage is our willingness to help our fellow humans, while the disadvantages are what cause some individuals to complain about this talitihan/gantangan tradition, i.e. when the individual in question is not present but must still pay. The findings of the study indicate that people of Babakan Plasah Village, Gantar District, collect financial data on the talitihan/gantangan tradition as part of the celebrations' execution. No particular record exists for this record. The use of this custom is consistent with Islamic law, as the underlying principle promotes a spirit of assistance in conformity with Islamic principles.
Pembatalan Kewenangan Dewan Pengawas Komisi Pemberantasan Korupsi Dalam Hal Pemberian Izin Penyadapan, Penggeledahan Dan Penyitaan Pada Putusan Mahkamah Konstitusi Nomor 70/ PUU-XVII/2019 Dalam Perspektif Efektifitas Hukum Sony Aldianto; Burhanudin Burhanudin; Tresia Elda
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.23047

Abstract

The main problem in this study is that, the position of the Supervisory Board of the Corruption Eradication Commission after the authority in granting wiretapping, search and seizure permits was canceled by the Constitutional Court in the perspective of the effectiveness of the law and the criminal justice system. This study aims to make everyone understand the position and urgency of the KPK Supervisory Board after the Constitutional Court Decision Number 70/PUU-XVII/2019 in the concept of legal effectiveness and the criminal justice system in Indonesia. The results of this study indicate that regarding the judge's considerations, that the Supervisory Board of the Corruption Eradication commission in granting wiretapping, search and confiscation permits is a real form of overlapping authority of pro justitia.  The KPK Supervisory Board is not a law enforcement officer, so it is not in accordance with the effectiveness of the law in terms of law enforcement factors, community factors and legal factors, therefore is not included in the components of the criminal justice system and violates the concept of the criminal justice system.
Efektivitas Protokol Kyoto Dalam Mereduksi Emisi Gas Rumah Kaca Di Indonesia Ida Susilowati; S.Thoriq Musthofa Ahmad; Thoriq Faturrahman; Regga Fajar Hidayat
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.28901

Abstract

Global warming has become a global issue related to the environment, because of its impact on all countries today. The Kyoto Protocol is an international agreement that focuses on the environment, as an effort to reduce greenhouse gas emissions that have an impact on global warming. This study aims to analyze the effectiveness of the Kyoto Protocol as an effort to reduce greenhouse gas emissions in Indonesia. This research is a type of qualitative research with a case study method about the efforts to reduce greenhouse gas emissions in Indonesia through the Kyoto Protocol. The results of this study indicate that the Kyoto Protocol is considered ineffective in reducing greenhouse gas emissions in Indonesia, even though Indonesia has implemented it through technology transfer and coordination in the application of biofuels to reduce carbon emissions. This is indicated by the level of damage or loss of Indonesia’s forests to 2.8 million ha/year after the implementation of the Kyoto Protocol in 2006-2007. As an international treaty, the Kyoto Protocol does not have a compulsive enforcement mechanism. So that the implementation of the Kyoto Protocol as an international agreement will not be effective, f it is not accompanied by consistency and consequences for all member countries in its implementation.
Scientific Evidence of a Clash between Das Sollen and Das Sein in the book The Clash of Civilizations and the Remaking of World Order by Samuel P Huntington Nur Rohim Yunus
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.29024

Abstract

Conflicts between nations that adhere to distinct worldviews will continue to shape the course of world politics in the foreseeable future. Culture, not politics or economics, will drive future wars on a global scale; these two factors are becoming increasingly irrelevant. This battle, in turn, will be the most significant symptom that replaces the polarization of world ideology into communist and capitalism, together with the collapse of the governmental system in the vast majority of Eastern European countries. The following are some of the factors that, according to Huntington, would cause conflicts between different civilizations in the future of world politics: 1). Differences in culture, tradition, and ethnicity, as well as differences in people's perspectives on how humans should relate to God, are all part of what distinguishes one civilization from another. These philosophical differences are at the root of the fact that people of different civilizations have different perspectives on how humans should relate to God. 2). In the sense that the interaction between various peoples and civilizations is continuing to rise, we might say that the world is continuing to become a smaller place. When people connect with one another on a deeper level, their knowledge of their own civilization grows, and they become more attuned to the distinctions that exist between their culture and those of other civilizations. 3). People all across the world have been uprooted from their deep-seated roots of local identity as a consequence of the process of economic modernization and social development. This has occurred as a result of globalization. 4). The Western world has played a dual role, which has contributed to the development of civilization consciousness. This may be understood as a stronger sense of love for a belief in the identity of civilization that has been going on for a long time.
Implementation of Sharia Marketing in the Real Estate Industry During the Covid-19 Pandemic Using a SWOT Analysis Afrida Zahira; Irvan Iswandi; Ali Aminullah
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.28246

Abstract

The growth in property sales volume starting at the end of 2020 has decreased due to the emergence of the pandemic. In order to support the recovery of the property market, the government has taken various ways to make it happen, which can be used by property business players to maximize sales and determine sharia marketing strategy policies for property products thus they can survive and continue to grow during the Covid-19 pandemic. Based on this background, the writer was interested in researching the implementation of sharia marketing strategies and conducting a SWOT analysis at PT Reswara Makmur Propertindo. The research method used in this study was a combination of library research and field research with a qualitative approach. The results of the study showed that the company has fulfilled the characteristics of sharia marketing and has implemented a sharia marketing mix in marketing products/house units. From the results of the evaluation of the Internal External matrix, it obtained a value of (2.30 ; 2.70), which means that the company occupies a stable or growing position. The strategy that can be taken is a horizontal integration strategy or not making any changes to the strategy. A horizontal integration strategy can be carried out by increasing the size of the company, and increasing sales, profits, and potential market of the company. Meanwhile, the results of the SWOT quadrant analysis show that the company is at coordinates (0.70 ; 1.00), namely quadrant 1. The priority strategy that can be applied by the company is the S-O strategy, namely increasing market share by targeting the millennial generation as the target market, creating products with innovations that can accommodate the needs and desires of the millennial generation, maximizing the function of the marketing office for personal selling, providing understanding to consumers through social media content regarding government stimulus in the property sector.. 
The Practice of Buying and Selling Used Clothing Imports on Perspective of Islamic Law and Positive Law: A Case Study of the Bang Jack Haurgeulis Store Cholisa Fitri; Irvan Iswandi
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (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.v4i5.28910

Abstract

During the development of the times, buying and selling is not merely undertaken between regions, but can also be undertaken between countries. This has become a separate business area for some middle to lower classes of society who want to open a business but with a capital that is not too large, namely by building stores with various types of imported used clothes. This study aims to find out how the practice between sellers and buyers of imported used clothing at Bang Jack store. This store is located on Jalan Raya Sumurwedi-Sumbermulya, Haurgeulis Sub District. The practice will be reviewed from the perspective of Islamic law using descriptive qualitative methods. Dealing with the results of research and discussion conducted by the researcher, it can be concluded that the practice of buying and selling at Bang Jack Haurgeuli’s store is based on the pillars and conditions that were in accordance with Islamic law. Then, based on the positive law, the sale and purchase of imported used clothing have violated state regulations as regulated in the Regulation of the Minister of Trade Number 51/M-DAG/PER/7/2015 and Law Number 7 of 2014 due to it is detrimental to customs duties on the state.

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