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.
Articles
312 Documents
<![CDATA[Medical and Sports Equipment Online Business Practice in the Perspective of Positive Law and Islamic Law: Case Study at Desmira Medika Store, South Jakarta ]]>
<![CDATA[Yahya A Ashiri]]>;
<![CDATA[Irvan Iswandi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.27561
<![CDATA[The purpose of this thesis was to find out the perspective of positive law and Islamic law on the online business practice of medical and sports equipment stores carried out by Desmira Medika Stores. The research method used by the researcher was a qualitative approach and the type of research was a case study (case upproach). The data collection techniques used in this study were observations, interviews, and case study documentation on the implementation of the business that occurred. Meanwhile, the data analysis technique was carried out through interviews, then verification, and drawing conclusions obtained.Based on the research that has been conducted by the writer, the following results are obtained: When associated with positive law, the online business is a legally valid transaction according to Article 1338 paragraph (1) of the Civil Code concerning the Principle of Freedom of Contract. According to Islamic law, online business is also a legitimate transaction because nothing contradicts or violates the pillars and conditions of the legality of buying and selling.]]>
<![CDATA[Wanprestasi dan Perbuatan Melawan Hukum Dalam Penyelesaian Sengketa Ekonomi Syariah ]]>
<![CDATA[Serlika Aprita]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 3 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i3.27513
<![CDATA[The Islamic economic system is growing quickly in Indonesia right now. Even traditional banks have opened many branches of Islamic banks, which is one of the things that shows the growth of Islamic banks in Indonesia. Islamic law says that financial institutions should act as middlemen between people who have too much money and people who don't have enough money for business and other activities. With the creation of Government Regulations that govern Islamic Banking, the number of disputes between parties is increasing because Islamic banks are becoming more popular. In this study, a qualitative research method called "literature approach" was used. The study's results show that breaking the law means doing or not doing something that violates the rights of others, goes against the legal obligations of the person who does or doesn't do it, or goes against morals or common sense when dealing with other people or things.]]>
<![CDATA[Pertimbangan Hakim Menggunakan Alat Bukti Dalam Memutus Perkara Pidana Pembunuhan ]]>
<![CDATA[Satria Iman Kurnianda]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 5, No 1 (2023): ARTICLES IN PRESS ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.28244
<![CDATA[The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law.]]>
<![CDATA[TANGGUNG JAWAB HUKUM PENERBIT UANG ELEKTRONIK TERHADAP KERUGIAN NASABAH PENGGUNA UANG ELEKTRONIK DI BANK MANDIRI ]]>
<![CDATA[Salsabila Sekar Wahri]]>;
<![CDATA[Ria Safitri]]>;
<![CDATA[Faris Satria Alam]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.21093
<![CDATA[This study seeks to explain the topic of the legal liability of e-money card issuers for losses incurred by their clients. Due to imprecise compensation procedures for the issuer, the issuer's legal responsibility is legally deficient, which frequently produces legal doubt for the protection of customers. It renders the e-money issuer legally immune from liability. In particular, this research attempts to create legal comparisons to demonstrate that the compensation and liability mechanism is not exhaustive, using UU No. 8, 1999 on Consumer Protection as an example. This research also discusses compensation for losses incurred by Bank Mandiri customers as a result of the incomplete compensation process outlined in Bank Indonesia Regulation Number 20/6 / PBI / 2018. This study is a legal normative study using a statutory approach (statute approach) and a case study approach (case approach). This research uses literary studies as its method of data collection. Through his or her review of the relevant literature, the researcher gathered and examined several documents using content analysis. The findings of this study demonstrate that the issuer of electronic money cannot be held liable for losses caused by client error. This compensation mechanism can only be used if the error was committed by the electronic money issuer and was determined to be incompatible with the Consumer Protection Law, which prioritizes consumer rights.]]>
<![CDATA[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 ]]>
<![CDATA[Cholisa Fitri]]>;
<![CDATA[Irvan Iswandi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 5 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i5.28910
<![CDATA[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.]]>
<![CDATA[Eksistensi Pengurus Terkait Dengan Proses Pemberesan Kekayaan Yayasan Oleh Likuidator Dalam Mewujudkan Kepastian Hukum ]]>
<![CDATA[Fensky Readel Sumandag]]>;
<![CDATA[Yuhelson Yuhelson]]>;
<![CDATA[Bernard Nainggolan]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 3 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i3.27915
<![CDATA[This study investigates the existence of a court-appointed board that serves as a liquidator. When the liquidator conducts the process of settling assets, problems occur if the Foundation's management is unwilling to work with the liquidator. The approach employed in this study is normative legal research, which is conducted in an effort to acquire the pertinent information regarding the issue. The qualitative juridical analysis method is utilized for data analysis. On the basis of Article 63 of the Foundation Law, the results of the study were obtained on the existence of the Management in the process of settling the assets of the Foundation by the liquidator. If the Foundation is dissolved because its time period and objectives have been met or not met, the Trustees appoint a liquidator; if the Trustees do not appoint a liquidator, the management acts as a liquidator; and if the Foundation is dissolved because of a court order, the court also appoints a liquidator. The court-appointed liquidator is authorized to dispose of the Foundation's assets. The nomination of the Management as Liquidator is inappropriate due to the fact that the liquidator is essentially a former member of the Foundation's management, which might cause conflict and impede the process of settling the Foundation's assets.]]>
<![CDATA[PRINSIP KETERBUKAAN INFORMASI (FULL DISCLOSURE) DALAM PROSES IPO PADA MASA PANDEMI COVID-19 ]]>
<![CDATA[Nanda Vita Reka Amiruddin]]>;
<![CDATA[Soefyanto Soefyanto]]>;
<![CDATA[Irfan Khairul Umam]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 5, No 1 (2023): ARTICLES IN PRESS ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i6.21900
<![CDATA[The background of this research issue is based on the importance of information disclosure to companies that conduct public offerings in the capital market as a determinant for investors to make decisions because the Covid-19 pandemic is one of the extraordinary events that greatly affect several sectors, one of which is in the capital market. This thesis aims to review the fulfillment of the principle of information disclosure in the IPO (Initial Public Offering) process during the Covid-19 pandemic. This research is library research, examines the momentum that is happening at this time and relates the prevailing laws and regulations to support research. The analysis method used is normative juridical by using statute approach, as well as conceptual approach. In this study using three main legal materials used, namely, the primary legal material consists of Law No. 8 of 1995 on Capital Market, Law No. 8 of 1995 on Capital Market, Law No. 21 of 2011 on Financial Services Authority, and Bapepam Regulation Number IX.A.2 on Registration Procedures in the Framework of Public Offerings. The results showed that OJK issued several regulations for the capital market sector due to the Covid-19 pandemic that had an impact on companies and investors, but OJK has not issued specific regulations for the application of information disclosure principles in the IPO process during the pandemic so that there are still existing regulations related.]]>
<![CDATA[Kedudukan dan Akibat Hukum Surat Kuasa Membebankan Hak Tanggungan Menurut Undang-Undang No. 4 Tahun 1996 Tentang Hak Tanggungan ]]>
<![CDATA[Ajas Renaldi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 3 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i3.27555
<![CDATA[This article aims to find out the position and consequences of the power of attorney under Law No. 4 of 1996 on Dependent Rights. The application for credit to a bank must be backed up by juridical and economic elements, so that between the rights and responsibilities of both parties become clear and certain. The writing of this article uses normative juridical research methods. The results of this article show that the Position of Power of Attorney Charging Dependent Rights According to Law No. 4 of 1996 on Dependent Rights is an authentic deed made by a notary or Land Deed Making Officer, If the dependent rights giver cannot present themselves before the PPAT to make the Deed of Granting Dependent Rights (APHT). As a result of the Power of Attorney's Rights Charging Dependent Rights that is the power to charge dependent rights can not be withdrawn or cannot end for any reason except because the power has been exercised or because it has expired.]]>
<![CDATA[Penyalahgunaan Posisi Dominan Market Leader Dalam Konteks Hukum Persaingan Usaha Di Indonesia ]]>
<![CDATA[Ammar Ichsan]]>;
<![CDATA[Nurhasanah Nurhasanah]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.21559
<![CDATA[This research is motivated by the government's efforts to enforce business competition law by issuing Law Number 5 of 1999 concerning in Prohibition of Monopolistic Practices and Unfair Business Competition. he existence of Law Number 5 of 1999 on the existing facts still raises several legal problems one of them is the extraterritorial framework. This research uses a normative -juridical approach where this research puts law as a norm building system. The norm system used in this research is based on the law regulation by Law Number 5 of 1999 and the Business Competition Supervisory Commission (KPPU) case. The conclusion of this research indicates the description of the implementation of business competition law by the Business Competition Supervisory Commission (KPPU) based on the law regulation by Law Number 5 of 1999.]]>
<![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)]]>
