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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 312 Documents
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Penegakan Hukum Bagi Pelaku Reaksi Pasif Masyarakat Terhadap Korban Kecelakaan Lalu Lintas Rizkiyah Nurul Fatihah; Alfitra Alfitra; Mara Sutan Rambe
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.v4i2.17640

Abstract

This study intends to evaluate the existence of persons who are passive when they witness a traffic collision and the efforts or law enforcement carried out by the authorities, specifically the police, in dealing with such individuals. This study employs a qualitative approach to criminology-based research. In research, main legal texts or field data serve as data sources. Interviews and a literature review were utilized to acquire data for this investigation. The findings of this study reveal that there are still a significant number of individuals who react passively to victims of traffic accidents for a variety of reasons, such as a dread of blood, a fear of being witnesses, etc. Then, law enforcement continues to be hampered by a number of problems. Then, Islamic law has laws addressing this society's passive response.
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.
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.
The Practice of Buying and Selling Online Using the Cash On Delivery Method on the Shopee Application in the Perspective of Islamic Law: A Case Study of Students of the Az-Zaytun Islamic Institute of Indonesia Intan Khoiriyah; Rizal Maulana
JOURNAL of LEGAL RESEARCH Vol 4, No 4 (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.v4i4.27248

Abstract

The mechanism of buying and selling carried out online has advantages for Shopee application users who do not have an e-wallet and can minimize the occurrence of fraud. However, Cash on Delivery payment transactions on the Shopee application lately often cause problems made by buyers because buyers are not responsible for making payments that result in cancellations in their transactions. The factors behind the cancellation of the contract in the Cash on Delivery transaction on the Shopee application are that the goods do not match the product description, the buyer does not have money to pay, the goods are damaged when received, the buyer cannot be contacted, and the buyer changes his mind to buy. The practice of buying and selling using the Cash on Delivery method on the Shopee application is in accordance with Islamic law. Where buying and selling in Islam is given the freedom to choose to cancel the trade contract or continue the trade contract.
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.
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.
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.

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