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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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Perlindungan Hukum Terhadap Nazhir dari Tuntutan Ahli Waris Atas Akta Ikrar Wakaf Yang Dibuat Dihadapan Pejabat Pembuat Akta Ikrar Wakaf (PPAIW) Desy Trihartini; Anriz Nazaruddin Halim; Erny Kencanawati
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.v4i2.27394

Abstract

This study aims to evaluate and analyze the legal repercussions of the waqf pledge deed executed prior to the official waqf pledge deed (PPAIW), as well as the legal protection of waqf beneficiaries (nadzir) on the requests of the heirs of the waqf donor (wakif). The research offered is normative legal research. This research utilizes the standard legal process as its methodology. This study adopts a qualitative methodology for data analysis. These are the results of this research: (1) The Waqf Pledge Deed is legal under Islamic law and domestic law (Positive law). In accordance with Islamic law, waqf must meet the pillars and requirements of waqf, which include the existence of waqif, nadzir, waqf property, the intention of using the object as waqf, and waqf pledge from wakif to nadzir. Waqf must meet the following requirements to be valid under national law (positive law): existence of wakif, nadzir, waqf property, waqf pledge, and naming of waqf items. Consequently, the Waqf Pledge Deed is legal under both Islamic law and American law. (2) The execution of the Waqf Pledge Deed, which is followed by the registration of waqf land for the purpose of issuing a waqf land certificate, affords Nadzir legal protection and legal certainty in the administration of waqf land. The existence of a Waqf Pledge Deed performed in accordance with its conditions, followed by the registration of waqf land at the local Land Office for the issuance of a Waqf Land Certificate, offers Nadzir, who receives and manages waqf land, legal protection and legal guarantee.
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.
Pembayaran Dengan Media Electronic Money Dalam Hukum Perbankan Mizana Ramadhan Alhaq; Ali hanafiah selian
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.v4i6.14636

Abstract

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.
Penyalahgunaan Kewenangan Direksi Dalam Peralihan Hak Atas Tanah Berdasarkan Perjanjian Pengikatan Jual Beli Dikaitkan Dengan Undang-Undang Perseroan Terbatas Emilya Tunggal Manuain; Wira Franciska; Jelly Nasseri
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.v4i3.27735

Abstract

The Board of Directors manages the firm in line with laws, rules, the articles of incorporation, and GMS decisions. Setbacks and lack of funds may force a company's board of directors to sell its assets. For legal processes to transfer or sell corporate assets, the company's articles of association must be examined, and if the transfer exceeds 50%, agreement from the Company's GMS is required. Taking the step by the board of directors will have legal consequences. This study uses normative legal research to get relevant data. The author used statutory methodology, authority, and legal consequences as analytical tools. Legal papers are studied by recognizing and cataloging grammatical and systematic interpretations of secondary data. The study obtained the authority of the board of directors, where in carrying out the responsibilities of managing the company is limited by laws and regulations, as stated in the articles of association of the PT in accordance with Article 100 paragraph (1) of the Limited Liability Company Law, and legal consequences for the parties in the case of misuse of such authority in the transfer. PPJB is agreement cancellation with compensation. In accordance with Civil Code Articles 1243 and 1244, which refer to the reimbursement of costs, damages, and interest in the case of a contract violation, parties aggrieved by the cancellation of the PPJB have filed a lawsuit for recovery of all costs and interest.
Analisis Yuridis Proses Peradilan Tindak Pidana Korupsi di Pengadilan Negeri Kelas IA Palembang Indra Ade Kurniawan
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.v4i3.27549

Abstract

The Corruption Court in the Class IA Palembang District Court in examining corruption cases uses the procedural law used in examinations at the corruption court, namely Law Number 8 of 1981 concerning the Criminal Procedure Code, equipped with certain articles. The method used in this study is a qualitative method with a literature approach. The results of the study state that there are obstacles faced by the Class IA Palembang District Court in resolving the Corruption Crime, namely obstacles that arise from the law itself, in addition to constraints from Law Enforcement Officials, constraints on facilities or facilities, constraints on community environmental factors, and constraints arising from the perpetrator himself.
Dampak Over Kapasitas Di Lembaga Pemasyarakatan Kelas I Cipinang Bagi Narapidana Utomo Bimantoro; Muhammad Nurul Irfan; Mara Sutan Rambe
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.v4i4.21528

Abstract

The overcapacity of convicts resulted in the adoption of negative living procedures at Cipinang Class I Prison, which has the ability to impede the reintegration efforts of inmates, who are feared to be able to thwart the prison's original purpose. This thesis seeks to understand the preventive and resolution efforts against the repetition of crimes in Cipinang Class I Prison as a result of the prison's overcrowding by determining in advance the impact of the prison's overcrowding on inmates' rights. This study employs a type of empirical juridical research by conducting field interviews with the Class I Cipinang Prison, followed by studies on literary materials by reading, examining, and analyzing literature to generate studies linked to the theme of this thesis. The results indicated that the overpopulation of Cipinang Class I Prison led to a lack of supervision of detainees, which disrupted the rights of inmates. In prisons when the number of inmates exceeds the capacity, the function and purpose of prisons are impeded, and jails may become criminal academies. To prevent this from occurring, Cipinang Class I Prison conducts preventative measures consisting of unannounced searches of inmate dormitories and interactions with convicts. In addition, as a kind of countermeasures, Cipinang Class I Prison administers sanctions based on the category broken by convicts. 
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.
Kepastian Hukum Atas Pemecahan Sertifikat Induk Tanah Terkait Developer Perumahan Yang Dinyatakan Pailit Fernedy Fernedy; Yuhelson Yuhelson; Cicilia Julyani Tondy
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.v4i4.28106

Abstract

Real estate and housing remain persistent issues for many neighborhoods. There are still issues with the application of law in the realm of land ownership, and these issues frequently lead to disputes and conflicts. This study is a form of normative, doctrinal, or dogmatic legal inquiry. The study found that the buyer/consumer who has paid in full and made a deed of sale and purchase at the PPAT needs to look at the legal repercussions of the developer's failure to solve the certificate from two different angles: the developer's and the court's. While waiting for the certificate split process carried out by the curator as the responsible developer for the developer who has been declared bankrupt, and for consumers who have not yet completed payment on the house purchased from the developer, and only have PPJB, buyers can apply for a name transfer process at the land office. The consumer or buyer of the house whose solution has not been taken care of by the developer who is declared bankrupt can apply as a concurrent creditor so that the curator takes care of it and receives full compensation from the developer as represented by the curator or continues to manage the house. the homebuyer's or consumer's best interests. Since the house has not yet been completely paid off, the consumer/buyer of the house must also fulfill their commitments to pay off the remaining mortgage installments. Additional unfulfilled commitments include finishing the down payment on the developer-purchased home.
PERLINDUNGAN HUKUM ATAS MEREK ASING TERKENAL YANG BERGANTUNG PADA SISTEM KONSTITUTIF DI INDONESIA (Analisis Putusan MA No. 1300 K/ PDT.SUS-HKI/ 2017) Muhammad Lukman Fadillah; Nahrowi Nahrowi; Ipah Farihah
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.v4i6.22331

Abstract

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
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.. 

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