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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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Effectiveness of Murabaha Financing Dispute Settlement Through Mediation at Indonesian Islamic Banks Dea Safilah; Moch. Syafii; Syahril Syahril
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.v4i4.28112

Abstract

This study assesses the effectiveness of mediation in murabahah funding dispute resolution at Bank Syariah Indonesia KC Asia Afrika Bandung City. This study aims to discover and comprehend how Indonesian Islamic Banks manage contentious disputes, with an emphasis on murabahah financing, as well as the effectiveness of murabahah financing dispute resolution through mediation at Indonesian Islamic Banks. The employed research method is qualitative research with a qualitative descriptive approach that depicts a scenario in the agency and community through observation, interviews, and recording. The primary source of data for this study is the results of interviews with the Bank and its customers. While secondary sources are collected from library sources such as books, journals, and other relevant library materials to the topic of research. According to the findings of the study, Bank Syariah Indonesia's strategies for resolving non-performing financing for clients with murabahah financing disputes are simple and clear. The effectiveness of the resolution of murabahah funds through mediation is believed to be effective because it may be measured by the Bank's success in carrying out its mediation-related tasks. A proportion between 80% and 90% would be adequate for the effectiveness of murabahah financial dispute resolution.
TINJAUAN PENGATURAN PEMILIK MANFAAT (BENEFICIAL OWNERSHIP) TERHADAP KEPEMILIKAN PERSEROAN TERBATAS PERBANKAN DI INDONESIA (Studi PT. Bank Central Asia Tbk) Achmad Dzulfadli Firdaus; Abdullah Sulaiman
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.v4i6.22549

Abstract

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. 
Eksistensi Realisme dalam Aneksasi Israel Terhadap Palestina Ida Susilowati; Muhammad Fauzi; Sepana Virqiyan; Azzam El Zahidin
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.v4i5.28514

Abstract

The Palestinian people have fought for decades for their independence. However, the Palestinian area is being steadily reduced as a result of Israel's annexation efforts, therefore independence is not achieved. Political liberalism in the age of globalization is mostly ineffective, as international norms and regulations are unable to prevent Israel's annexation of Palestine. This study intends to investigate if international political realism still exists in the period of globalization, which is characterized by global political interdependence. In this work, a descriptive analytic approach with qualitative research and literature review approaches are utilized to collect data. The results demonstrate that the existence of realism may be demonstrated in the question of Israel's annexation of Palestine, where the use of force is still emphasized in order to further Israel's national interests. Israel continues to develop weapons technology in order to maintain control over Palestine as part of its annexation of the territory. In addition, Israel's alliance with Western nations, particularly the United States, and its noncompliance with international norms and laws demonstrate that political liberalism in the form of international organizations cannot be a solution to the Israeli occupation conflict in Palestine and a manifestation of realism in the age of globalization.
The Role of the Sharia Supervisory Board in Protecting Member Rights on Murabahah Financing Products Via Regita; Irvan Iswandi
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.v4i5.28247

Abstract

The Sharia Supervisory Board's primary responsibility is to monitor and ensure that all business operations at BMT BEST are conducted in accordance with sharia principles as outlined by the National Sharia Council. Qualitative, descriptive methods were employed for this study. The study's findings led to the conclusion that BMT BEST's Sharia Supervisory Board serves primarily as a meeting venue for outside consultants who advise on matters pertaining to the regulation of financial institutions. Policy guidance for BMT BEST's initiatives was contributed by DPS. Because it is simpler to put into reality than other products with similar characteristics, murabaha finance has seen a surge in popularity in recent years. This money can be used for any number of things, including making purchases, investments, etc. To fulfill its duty to safeguard its members against usury transactions on murabahah financing products, BMT works to verify that contracts for murabahah financing implemented at BMT BEST adhere to sharia regulations. To prevent usury transactions, sharia-compliant contracts for murabahah finance are implemented.
Analisis Yuridis Hak-Hak Asasi Tersangka Pidana Dalam Proses Penyidikan Slamet Santoso; Tofik Yanuar Chandra; Santrawan Paparang
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.v4i2.27605

Abstract

In Indonesia, the criminal justice system consists of numerous steps, including investigation, investigation, prosecution, and trial. The investigative stage consists of a series of measures taken by investigators in accordance with and according to the manner outlined in this statute in order to discover the suspect and collect evidence that clarifies the nature of the criminal act. In addition, the suspect is a person who, based on preliminary information, should be accused of committing a crime because of his behavior or circumstances. The idea of presumption of innocence stipulates that all parties engaged in a criminal case must be presumed innocent until a court determines guilt. This principle must be observed by law enforcement throughout the investigation, prosecution, and court examination processes. This right is guaranteed by Article 8, paragraph 1, of Law No. 48 of 2009 on Judicial Power, which states that any individual who is suspected, arrested, detained, prosecuted, or brought before a court must be presumed innocent until a court decision declares his guilt and acquires permanent legal force. Suspects have rights and are protected by the law, despite the fact that they are suspected of committing a crime. This research is normative legal in nature. This study provides input and opinions that law enforcers, in this case Police Investigators, must implement the Presumption of Innocence Principle and defend human rights, since everyone must be deemed innocent prior to a court ruling declaring his guilt and acquiring permanent legal force. In order to expedite the investigative examination process, suspects should submit truthful and uncomplicated information, so that there are no factors that can lead to violence against suspects or abuses of their human rights.
Kepastian Hukum Status Anak Karena Pembatalan Perkawinan dan Akibat Hukumnya Dalam Sistem Hukum Di Indonesia Indah Sukma Ramdhini; Felicitas Sri Marniati; Yurisa Martanti
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.v4i3.27546

Abstract

In carrying out a marriage, thereare conditions that must be carried out by the bride and the groom. who wants to marry in accordance with the marriage law and the law of their respective religions. If these conditions are not implemented,the marriage can be annulled. From the annulled marriage, there are children who are born, so how is the legal certainty and the legal consequences of the status of the children born from the canceled marriage. In this study, the theory of legal consequences is used, namely that a legal action taken by a legal subject can lead to a legal consequence and the theory of legal certainty is how the rules that are clear, issued and recognized by the state are used by judicial leaders who are carried out concretely. The method used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used the statutory approach, the conceptual approach. The analytical approach and the method of collecting the legal materials are carried out by identifiying and taking an inventory of positive law, journals and other legal sources. The method used in analyzing the legal materials or legal material analysis techniques, it is carried out with grammatical legal interpretation, systematic interpretation, and legal construction methods. From the research results can be obtained that : (1) the legal consequences of annulment of marriage on the status of children born in the marriage are children still have a legal relationship with their parents (2) legal certainty on the status of children born in the marriage is still a legal child and cancellation marriage does not apply retroactively to the status of the child.
Pertanggung Jawaban Direksi Atas Perbuatan Hukum Yang Terjadi Dalam Perseroan Terbatas Dilihat Dari Undang–Undang Nomor 40 Tahun 2007 Albari Wira Satya
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.v4i6.28243

Abstract

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)
Force Majeure Sebagai Alasan Tidak Terpenuhinya Prestasi Akibat Corona Virus Disease 2019 (Covid-19) Dalam Usaha Jasa Konstruksi (Analisis Undang-Undang Nomor 2 Tahun 2017 Tentang Jasa Konstruksi) Labibah Khoirunnisa; Ali Hanafiah Selian; Ipah Farihah
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (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.v4i1.21097

Abstract

This thesis examines force majeure in construction service businesses influenced by the 2019 corona virus pandemic (COVID-19). This thesis explores the application of Article 47 paragraph (1) letter j of Law Number 2 of 2017 concerning Construction Services, which regulates coercion, to construction service enterprises affected by the development of the corona virus pandemic epidemic 2019 (COVID-19). This subject is relevant because the proliferation of COVID-19 in the construction service business has sparked a debate regarding the relevance of coercive conditions for construction service organizations facing impediments in completing their business activities. This is normative statutory legal research. (State and case) (case approach). This study employs literature to obtain data. This literature study collects documents and data for content analysis. According to the study, service businesses affected by the COVID-19 epidemic should use force majeure. This follows the classification of force majeure as relative, subjective, temporary, particular, and exclusive. Force majeure has legal ramifications in the construction service company, including contract termination, renegotiation, and worker compensation. 
Kepastian Hukum Prosedur Penggantian Kerugian Pemegang Hak Atas Tanah Yang Terdampak Proyek Jalan Tol Roni Andriyanto; Dhody Ananta Rivandi W; Ismail Ismail
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.v4i5.28921

Abstract

Affected by a Toll Road Project. This study employs the Legal Certainty Theory of Jan Michiel Otto and the Development Law Theory of Mochtar Kusumaatmadja as its legal theories. This research employs a normative-juridical methodology in an endeavor to collect pertinent information regarding the issue at hand. The philosophical approach and the case approach are utilized in the study process. According to the findings of the study, proper and equitable compensation was provided to the rightful parties in the land acquisition process. The Compensation Procedure consists of the phases of planning, preparation, implementation, and results in submission. In the supply of compensation, every effort should be made to achieve an agreement so that those entitled receive the compensation immediately.
Perlindungan Hukum Terhadap Barang atau Merek KW Di Indonesia Luthfi Al Qarani Muhammad Taufik; Marni Emmy Mustafa; Farhana Farhana
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.v4i4.27931

Abstract

The period of global trade, in accordance with Indonesia's ratification of international accords. As the role of the brand becomes increasingly significant, particularly in ensuring healthy business rivalry, adequate brand regulation is required to deliver community services. Trademark is a subset of Intellectual Property Rights, in which the brand provides a specific amount of value to the circulation of goods. In tandem with a rise in market demand, the development of the circulation of items with in-demand brands will increase, as will the requirements and lifestyles of the community. Frequently, business actors infringe the mark in order to meet the price and quality requirements of the community with counterfeit or KW goods. So that the establishment of unhealthy companies conducted by unlicensed business actors of counterfeit goods. The existence of infractions in the society necessitates legal protection for brand owners. The author employs a qualitative research approach and normative research in this study. Legal protection against counterfeit goods or KW and consumer protection has been regulated in Indonesian laws and regulations, according to the study's findings.

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