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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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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.
Tanggung Jawab Developer Dalam Pembuatan Akta Jual Beli Atas Rumah Yang Telah Lunas Dibayar Fadli Adi Rosadi; Tofik Yanuar Chandra; Anriz Nazaruddin Halim
JOURNAL of LEGAL RESEARCH Vol 4, No 6 (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.v4i6.29006

Abstract

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.
Kepastian Hukum Terhadap Akta Hak Tanggungan Atas Harta Bersama Yang Belum Dibagi Paska Perceraian Tanpa Persetujuan Mantan Suami/Istri Janthy Prisilya Karundeng; Jelly Nasseri; Felicitas Sri Marniati
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.v4i4.28059

Abstract

In the banking industry, it is a well-known fact that there are frequently issues with joint assets that have not been divided after a divorce and that are used as collateral for mortgage rights. The case of court decision number 177/Pdt. G/2019/PN Bks is illustrative. In this study, the problem to be addressed is the legal consequences of the deed of mortgage on shared assets that have not been divided post-divorce without the ex-husband/consent wife's and the legal certainty of the deed of mortgage on shared assets that have not been divided post-divorce without the ex-husband/consent, wife's using Soeroso's theory of legal consequences and Jan Michelle Otto's Legal Certainty theory. In this work, the author employs a normative legal methodology supported by an empirical methodology. The results of the study indicate that the legal consequences of the mortgage deed on joint assets that have not been divided after the divorce without the consent of the ex-husband or ex-wife can result in the mortgage being made and a cancellation lawsuit being filed because it violates the ex-rights. spouse's Based on Jan Michel Otto's legal certainty theory, a mortgage deed formed on joint assets that have not been divided after divorce without the approval of the ex-husband/wife has no legal certainty value because the mortgage is made without the consent of the ex-husband/wife.
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.
Analysis of the Practice of Istishna Contracts in Online Buying and Selling Based on Islamic Law Hana Fauziah Balqis; Irvan Iswandi; Moch. Syafii
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.v4i4.28245

Abstract

This study analyzes the practice of istishna' contract in online buying and selling based on Islamic law. The purpose of this study is to find out and understand the practice of Istishna' contract in buying and selling online at the Headway Leather store and analysis of the practice of Istishna' contract in buying and selling online at the Headway Leather store based on Islamic law. The research method uses a qualitative approach with in-depth interviews with sellers and buyers at the Headway Leather store, totaling 5 informants. The results of the study stated that the Headway Leather online store markets the goods it sells online using Instagram social media, consumers order goods to sellers via DM Instagram and Whatsapp, sellers and buyers make transactions and submit specifications of goods from buyers to sellers. Then the seller asks the manufacturer to make the goods, and the manufacturer makes the goods according to specifications. When the goods are finished, the goods are delivered to the buyer. The practice of istishna' contract in online buying and selling applied at the Headway Leather online store is in accordance with the provisions of the istishna' contract according to the perspective of Islamic law.
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.
Operasionalisasi Lembaga Wali Amanat Dalam Hukum Pasar Modal Yang Mengadopsi Struktur Trust Beserta Kedudukan Hukumnya Dalam Hukum Perdata Indonesia Yulli Wahyunie Rizal; DU Dhody A.R. Widjajaatmadja; Yusuf Ausiandra
JOURNAL of LEGAL RESEARCH Vol 5, No 1 (2023): ARTICLES IN PRESS
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.v4i6.29280

Abstract

Pertemuan suatu system hukum dapat dilakukan dengan cara adopsi system hokum. Adopsi adalah masuknya pranata hukum asing yang mempunyai system hukum yang berbeda merujuk pada perpindahan norma-norma hukum atau ketentuan hukum tertentu dari suatu Negara tertentu ke Negara lain selama suatu proses pembuatan hukum. Dalam tulisan ini penulis menggunakan metode penelitian kualitatif dengan jenis penelitian yuridis normative. Adapaun yang menjadi pembahasan dalam tulisan ini adalah menegenai mekanisme/ struktur  trust  sebagaimana  dikenal  dalam  sistem hukum Anglo Saxon serta juga membahas mengenai operasioanalisasi lembaga wali amanat dalam hukum pasar  modal Indonesia. Dalam tulisan ini, penulis menemukan bahwa Sistem Hukum Anglo Saxon merupakan suatu sistem hukum yang didasarkan pada yurispudensi. Globalisasi mengakibatkan masuknya pranata ekonomi dan hukum asing ke dalam suatu negara yang memiliki sistem hukum yang berbeda, yaitu masuknya lembaga hukum yang hanya ada pada system Common Law ke Indonesia yang menganut sistem hukum Civil Law yang dalam pelaksanaannya seringkali menimbulkan benturan.
Kewenangan Hakim Untuk Menetapkan Penangguhan Penahanan Sementara Terhadap Terdakwa Dalam Pemeriksaan Perkara Pidana Berdasarkan Kuhap Muclas Ade Putra
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.v4i4.28241

Abstract

In order for the judge to be able to investigate the defendant's case, the judge has the authority to detain the defendant. In addition, the judge is in the best position to determine whether or not the defendant should have his or her detention suspended before the case is decided by the court. This authority comes from the judge's intimate familiarity with the case. The suspension of the detention of the suspect or defendant from his or her family, the existence of guarantees against the suspect or defendant in the form of money or people in the suspension of detention, and the judge's belief that, according to Article 21 paragraph (1) of the Criminal Procedure Code, the suspect or defendant will not flee, will not damage evidence, and will not commit the crime again are all factors that can lead to a judge granting a suspension of detention.

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