JOURNAL of LEGAL RESEARCH
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.
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<![CDATA[SANKSI TERHADAP PERJANJIAN PENETAPAN HARGA (PRICE FIXING) PADA SEKTOR JASA PENGANGKUTAN UDARA (Analisis Putusan KPPU Nomor 15/KPPU-I/2019) ]]>
<![CDATA[Alya Nurfitriyah]]>;
<![CDATA[Mustolih Siradj]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.21595
<![CDATA[This study discusses the sanctions imposed by the KPPU in the price fixing agreement and how the Commission Council considers the price fixing agreement. This research uses normative legal research, with the research approach used in this study using a statutory approach and a case approach and the data collection method in this research is library research. The results of this study are that the administrative sanctions imposed on the Reported Parties in this decision are only to notify the Business Competition Supervisory Commission in writing before taking any business actor policies that will affect the business competition map. The reported parties should be subject to administrative sanctions in the form of fines. However, due to the ratification of Law Number 11 of 2020 concerning Job Creation, especially Article 48 and also Article 49 concerning additional penalties in this Law, it was removed. Then, according to Article 5 of Government Regulation Number 44 of 2021, especially in paragraph (1) letter c, the Commission Council in deciding this case considered a clear reason, namely the Corona Virus Disease 2019 (COVID-19) Pandemic. So, the Reported Parties in this case were only given administrative sanctions and they were not given. Then, in deciding the case, the Commission Council considered it from the philosophical, sociological and juridical aspects.]]>
<![CDATA[Tanggung Jawab Developer Dalam Pembuatan Akta Jual Beli Atas Rumah Yang Telah Lunas Dibayar ]]>
<![CDATA[Fadli Adi Rosadi]]>;
<![CDATA[Tofik Yanuar Chandra]]>;
<![CDATA[Anriz Nazaruddin Halim]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.29006
<![CDATA[The need for housing is increasing rapidly, especially in urban communities due to the large population. This is put to good use by developers who are entrepreneurs in the housing sector, to take maximum advantage. Even though consumer rights have been clearly regulated in the UUPK and of course, consumers and business actors will rely on these transactions based on sale and purchase agreements that occur between consumers/buyers and business actors (developers/housing developers) and one of the elements contained in the agreement is good faith. The type of research used in this study is normative legal research or also known as research for the purposes of legal practice. For ordinary people, the type of house sale and purchase agreement can be complicated and intimidating. Even though they contain very important things that you as a homeowner should know.]]>
<![CDATA[Pembayaran Dengan Media Electronic Money Dalam Hukum Perbankan ]]>
<![CDATA[Mizana Ramadhan Alhaq]]>;
<![CDATA[Ali hanafiah selian]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.14636
<![CDATA[This study aims to determine the use of E-money, especially in the perspective of Banking Law in Indonesia, and to find out the problems and legal responsibilities that arise in the use of E-money. The research method used in this study is a qualitative research method with a normative and empirical juridical approach. The results of this thesis show that E-Money in the perspective of Banking Law has a strong legal basis because it has been regulated in Law Number 10 of 1998 concerning Banking and other relevant and relevant laws. However, the form of responsibility of the banking sector towards customers who feel disadvantaged in using E-money from the legal theory of liability is very unfair due to the lack of protection for customers so that it is very detrimental to customers. This is proven by the absence of compensation for the loss of the E-money card.]]>
<![CDATA[PERLINDUNGAN HUKUM ATAS MEREK ASING TERKENAL YANG BERGANTUNG PADA SISTEM KONSTITUTIF DI INDONESIA (Analisis Putusan MA No. 1300 K/ PDT.SUS-HKI/ 2017) ]]>
<![CDATA[Muhammad Lukman Fadillah]]>;
<![CDATA[Nahrowi Nahrowi]]>;
<![CDATA[Ipah Farihah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.22331
<![CDATA[Abstract Protection every right to appear from the result the people creativity in the field of trading and industry, so improvement in the similarity of the peoples to perform passing off reputation on the other side, now therefore mark breaching especially motivated by wished for obtaining of benefit in the goods and services trading with utilized by the other mark which has been famous or popular or with the passing off owner mark or well known mark. Trading of trademark in well known mark speed on selling to the market and then certainly will obtain well benefit in the fast time. The activity unbreach of law which breach right a company known by mentioned passing off reputation. This journal aims to find out how the legal protection of foreign brands in Indonesia against well-known marks which are foreign marks that are not registered in Indonesia in trademark registration in Indonesia, which applies the first to file system principle, in relation to the dispute over the "EIK" trademark with the "EIK, EIKA and EIKA brand". This type of research uses a qualitative normative juridical research with a statute approach and a case approach. The statute approach in this study refers to Law Number 20 of 2016 concerning Marks and Geographical Indications, while the case approach is by examining a case that has become a court decision with permanent legal force which in this case is Supreme Court Decision Number 1300 K/Pdt.Sus-HKI/2017. The results of this study indicate that Law Number 20 of 2016 concerning Marks and Geographical Indications only provides protection for trademark rights based on registration because it adheres to a constitutive system. The consideration of the judges of the Supreme Court in deciding the case between the EIK brand and EIK, EIKA and EIKA has given sufficient and correct consideration because it does not only refer to Law Number 20 of 2016 but also refers to the evidence in court.Key words : Legal Protection, Foreign Well Known Mark, Basically The Same, Constitutive system]]>
<![CDATA[Scientific Evidence of a Clash between Das Sollen and Das Sein in the book Democracy in a Russian Mirror by Adam Przeworski ]]>
<![CDATA[Nur Rohim Yunus]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.29025
<![CDATA[Bagaimanapun kita mendefinisikan hasil transformasi dari akhir abad kedua puluh hingga awal abad kedua puluh satu, itu telah membuat demokrasi berlaku di bagian-bagian dunia yang “berkecukupan”, meskipun dengan reservasi yang serius, dan melampaui wilayah tradisional peradaban Yahudi-Kristen. Dalam sampel pasca-Komunis, semua negara yang hidup di atas standar itu dan tidak “dikutuk oleh minyak” berubah menjadi demokrasi dengan berbagai tingkat kesempurnaan (Belarus menjadi pengecualian yang dapat diperdebatkan)]]>
<![CDATA[TINJAUAN PENGATURAN PEMILIK MANFAAT (BENEFICIAL OWNERSHIP) TERHADAP KEPEMILIKAN PERSEROAN TERBATAS PERBANKAN DI INDONESIA (Studi PT. Bank Central Asia Tbk) ]]>
<![CDATA[Achmad Dzulfadli Firdaus]]>;
<![CDATA[Abdullah Sulaiman]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.22549
<![CDATA[Beneficial Owner is the concept of property ownership in the common law legal system which has 2 (two) types of property ownership, namely legal and beneficial. Indonesia as a country with a civil law legal system does not recognize beneficial ownership, and only recognizes legal ownership. Thus, the Regulation of Beneficiaries in Presidential Regulation Number 13 of 2018 concerning Application of the Recommendation of the Principle of Recognizing the Beneficial Owners of Corporations in the Context of Prevention and Eradication of the Crime of Money Laundering and Terrorism Financing Measures must be reviewed against the provisions of the ownership of the existing Banking Limited Liability Company. The purpose of this study is to explain the regulation of the Beneficiary on the provisions of the ownership of a Banking Limited Liability Company in Indonesia and specifically the ownership of PT Bank Central Asia Tbk.This study uses a type of qualitative research that is descriptive analysis using a normative research approach. This research was conducted using library research, where there are elements of a statutory approach using positive law in Indonesia and a conceptual approach. The regulations in this study are regarding the Beneficial Owner and Banking Limited Liability Company.The results of the study show that there is a discrepancy between the Beneficial Owners arrangement and Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 25 of 2007 concerning Investment and Financial Services Authority Regulation Number 39/POJK.03/2017 concerning Sole Proprietorship in Indonesian Banking . Furthermore, the criteria for Beneficial Owners in the ownership of PT Bank Central Asia Tbk are PT Investama Andalan which is owned by Robert Budi Hartono and Bambang Hartono who is the Controlling Shareholder of BCA. ]]>
<![CDATA[Pertanggung Jawaban Direksi Atas Perbuatan Hukum Yang Terjadi Dalam Perseroan Terbatas Dilihat Dari Undang–Undang Nomor 40 Tahun 2007 ]]>
<![CDATA[Albari Wira Satya]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.28243
<![CDATA[The duties and responsibilities of the Board of Directors according to the Company Law No. 40 of 2007 are that the Company's Directors are fully responsible for the management of the company for the benefit of the company and the company's objectives and are tasked with representing the company both inside and outside the court in accordance with the Articles of Association as stated in Article 1 paragraph (5) UUPT. The responsibility of the board of directors to the members of the board of directors, either individually or jointly and severally, if proven to have committed acts against the public is their full responsibility by taking ultravires actions (the actions of the directors are outside the aims and objectives as well as the company's business activities as specified in the Articles of Association)]]>
<![CDATA[Eksistensi Putusan Basyarnas Dalam Eksekusi Hak Tanggungan Terhadap Sengketa Perbankan Syariah ]]>
<![CDATA[Andi Sunarti]]>;
<![CDATA[Yuhelson Yuhelson]]>;
<![CDATA[Erny Kencanawati]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.29099
<![CDATA[Settlement of problems that arise in sharia banking contracts for guarantees of mortgage rights is based on the binding principle of the contract (Mabda' Wujub Al Wafa' Bi Al' Aqad/Asas Pacta Sunt Servanda) which means that the contract of the parties made legally binds the parties as a law. In the settlement of disputes in one of the financing contracts through Islamic banking, there are options for settlement methods including settlement by deliberation and consensus, settlement through Alternative Dispute Resolution (APS), including Mediation, Arbitration, Conciliation, and Expert Assessment and settlement through the Religious Courts. This type of research uses descriptive qualitative research methods. Basyarnas was formed because PA at that time did not yet have the authority to examine Islamic economic cases, so Basyarnas was formed because of an urgent need to resolve the possibility of civil disputes between Islamic banks and customers.]]>
<![CDATA[Akibat Hukum Actio Pauliana Terhadap Akta Yang Dibuat Notaris Dalam Perkara Kepailitan ]]>
<![CDATA[Kartika Sari]]>;
<![CDATA[Bernard Nainggolan]]>;
<![CDATA[Marni Emmy Musthofa]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v5i1.30909
<![CDATA[Notaris merupakan pejabat umum yang satu-satunya berwenang untuk membuat akta otentik mengenai semua perbuatan, perjanjian dan penetapan yang diharuskan oleh suatu peraturan umum atau oleh yang berkepentingan dikehendaki untuk dinyatakan dalam suatu akta otentik, menjamin kepastian tanggalnya, menyimpan aktanya dan memberikan grosse, Salinan dan kutipannya, semua sepanjang pembuatan akta itu oleh suatu peraturan umum tidak juga ditugaskan atau dikecualikan kepada pejabat atau orang lain. Dalam penelitian ini teknik analisa bahan hukum yang digunakan adalah analisis dengan penafsiran sistematis yakni untuk mengadakan identifikasi terhadap pengertian-pengertian, pokok/dasar dalam hukum, yakni masyarakat hukum, subyek hukum, hak dan kewajiban, peristiwa hukum, hubungan hukum dan obyek hukum. Dalam penelitian ini penulis membahas mengenai Actio pauliana hanya dapat dilakukan dan dilaksanakan berdasarkan putusan hakim pengadilan. Adanya gugatan Actio Pauliana sudah barang tentu didahulukan dengan adanya gugatan kepailitan.Kata Kunci: Notaris; Actio Pauliana; Kepailitan]]>
<![CDATA[Legal Politics of Death Penalty Application in Indonesia ]]>
<![CDATA[Suhendar Suhendar]]>;
<![CDATA[Nur Rohim Yunus]]>;
<![CDATA[Annissa Rezki]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.30949
<![CDATA[In Indonesia, the criminal law system is the one that decides the appropriate punishment for crimes and other legal transgressions. The use of the death sentence is still permitted under Indonesia's Criminal Code (KUHP), as well as some extra-criminal provisions. A translation of the Wetboek van Strafrecht voor Nederlandsch-Indie, which has been in effect in the Dutch East Indies (now known as Indonesia) since 1918 under the administration of the Dutch colonial government, can be found within the articles of the Criminal Code that govern the use of the death penalty. However, the Netherlands did away with the death sentence in 1870. Instead, a literature-based approach is used employing a qualitative research method currently being used. The study's findings indicate that significant crimes and the use of the death penalty throughout the history of criminal Law are two aspects of the problem that are strongly related. The legal system reserves the death penalty for those who have committed the most severe crimes. Therefore, many believe that the death penalty is the most severe punishment. ]]>
