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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 306 Documents
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Peran Komisi Yudisial Dalam Menegakkan Keluhuran Martabat Hakim Indah Radiawati; Burhanuddin Burhanuddin
JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019)
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.v1i2.13025

Abstract

AbstractThis study aims to determine the role of the Judicial Commission in supervising judges. The authority of the Judicial Commission in overseeing the behavior of judges in the context of upholding honor and dignity as well as maintaining the behavior of judges and also the position and implementation of the supervisory function for judges in order to realize an independent judicial function to uphold law and justice for all Indonesian people. In addition, so that each judge can behave properly and fairly in dealing with a clean judiciary and in accordance with what has been regulated in the legislation. The research method used is normative juridical, namely research that focuses on studying the application of a norm or rule of law. The results showed that the Judicial Commission is an independent judicial body, where the Judicial Commission has the authority to supervise judges and maintain and uphold the honor, nobleness, and behavior of judges. Community elements can also be involved in monitoring, so that politicization of Supreme Court judges can be reduced.Keywords: Oversight, Judicial Commission, Judge
Pungutan Pajak Perdagangan Melalui Elektronik Antar Negara Berdasarkan Hukum Perpajakan Di Indonesia Fuzzy Kartika Candra Dewi; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019)
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.v1i5.12179

Abstract

AbstractThis study aims to determine the applicable taxation arrangements in Indonesia for e-commerce or e-commerce business actors between countries. Specifically, this study tries to explore the content of rules to harmonize regulations with rules relating to e-commerce. In addition, this study also examines specifically the rules that can be imposed on e-commerce businesses, tax arrangements, qualifications of tax subjects, and tax objects that can be withdrawn from e-commerce business actors between countries. This research is a library research through statutory approach. The results showed that Indonesia already has general rules regarding taxes for foreign tax subjects, so that if there is an inter-state e-commerce business actor having sources originating from the Indonesian state, then the inter-state e-commerce business actor can be said to be a taxpayer abroad with qualifications article 26 of the Republic of Indonesia Law No. 36/2008 concerning the Fourth Amendment to Law No. 7 of 1983 concerning Income Taxes.Keywords: e-commerce tax, e-commerce between countries
Perlindungan Hukum Atas Pemutusan Hubungan Kerja Pada PT Halit International; Analisis Putusan Mahkamah Agung Nomor 971 K/P3DT. Sus-PHI/2018 Iis Apriyani; Indra Rahmatullah
JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019)
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.v1i4.13906

Abstract

AbstractThis research was conducted because of the varied object of the decision related to the fulfillment of the rights of workers who were dismissed from work, causing legal uncertainty regarding procedures and fulfillment of workers' normative rights. Like one of the cases of PT. Hollit International, who in the first instance verdict of the panel of judges rejected the claim of all workers' rights, but at the cassation level, the panel of judges overturned the first instance because the Industrial Relations Court at the Central Jakarta District Court had incorrectly applied the law. This research uses qualitative research that is the type of data and analysis that is used is narrative, in the form of statements that use reasoning. By using a normative juridical approach, referring to the application of the law contained in a decision and the law which is conceptualized as a norm or norm that applies in society. The results of the research show that the court's decision on the claim of workers 'rights which is dismissed by the company is not comprehensive and is not synchronous between the Labor Law and the Decision in the Industrial Relations Court, causing legal uncertainty in the process of fulfilling workers' rights.Keywords: Rights, Labor, Mutation, Termination of Employment
Tindak Pidana Ujaran Kebencian Memakai Akun Palsu (Fake Account) Di Media Sosial Ajeng Kartika Ayu; Alfitra Alfitra
JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019)
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.v1i1.11995

Abstract

Abstract:The presence of the Law on Information and Electronic Transactions in Indonesia, is a tangible form of action taken by the government to deal with the development of technology and information development. This study explains the legal basis and application of law for hate speech perpetrators on social media through fake accounts in a positive legal perspective in Indonesia as well as what are the factors that cause perpetrators to use fake accounts to commit criminal acts of hate speech on social media. The approach used in this research is juridical normative through library research with qualitative research methods. The results of this study indicate that in addition to environmental factors, technological and information development factors also trigger offenders to commit crimes. The application of law that can be implemented in cases like this is through the law (court) or alternative dispute resolution through mediation of the law.Keywords: Hate Speech (Hate Speech), Fake Accounts, Social Media
Legal Standing Pemohon dalam Perkara Pembubaran Partai Politik Berdasarkan Prinsip Negara Demokrasi Rahmah Nurlaily; Moh Ali Wafa; Irfan khairul Umam
JOURNAL of LEGAL RESEARCH Vol 2, No 4 (2020)
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.v2i1.14595

Abstract

This research is to know how the provisions regarding the legal standing dissolution of political parties in the country of democracy, namely Indonesia and Germany, and know the legal position of the applicant in the case of dissolution of political parties in Indonesia in accordance with the principles of democracy, this is based on studies with the German state. This research uses the type of normative research, in this research method of data collection is done by Library Research technique, by studying the literature, rules of invite-invitations, books, official documents, and writings of scholars related to this thesis. The Data has been compiled and analyzed using a juridical normative method or qualitative method, which is a study that specialized in the study based on the legal theories that are then associated with legislation.The approach used in this research is a statutory approach as well as an analytical approach. The results of this research showed a comparison of legal standing applicants for the dissolution of political parties in Indonesia with Germany, where Indonesia has similarities with the German state that both have a multi-party system as well as the authority to dissolution its political party owned by the Constitutional Court, but in the application of a legal standing applicant dissolution of a different political party, which German , the implementation is already based on the principle of democracy, unlike Indonesia which legal standing applicants only government only, of course this is not based on the principle of democracy state when mirrored to the German state. That there should be other parties who become applicants in the case of the dissolution of political parties in Indonesia, namely the DPR and DPD, it reflects the life of a democratic country and the oversight of the political parties and governments who become parties in the application of the dissolution of the political party, for that it is necessary to study the authority of the applicant in the dissolution of political parties in
Indikasi Terjadinya Predatory Pricing Terkait Kerjasama Grab Dengan Ovo Dalam Perspektif Hukum Persaingan Usaha Ndaru Nadhi Hapsoro; A.M Hasan Ali; Fitriyani Zein
JOURNAL of LEGAL RESEARCH Vol 1, No 3 (2019)
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.v1i3.13878

Abstract

AbstractThis study aims to examine the indications of violations according to Article 20 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. In this case there are allegations from the online motorcycle taxi company Grab and the Ovo online financing transaction company that is alleged to violate the unfair business competition provisions. There are indications of payment that does not make sense in using ovo when paying a grab rate of one rupiah. This study uses a type of empirical and qualitative juridical research. The results showed that no violations were found because there were no dead companies and Grab and Ovo were not in a dominant position and did not make them dominate the competitive market. Although basically the price of one rupiah is considered below the minimum price and can cause violations.Keywords: Predatory Pricing, Indications, Business Competition
Analisis Penegakan Kebiri Kimia Bagi Pelaku Tindak Pidana Kekerasan Seksual Pada Anak Di bawah Umur Imas Novita Juaningsih
JOURNAL of LEGAL RESEARCH Vol 1, No 6 (2019)
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.v1i6.15092

Abstract

Abstrak Country can be said to be a state if elements of the state have been fulfilled. One of the most fundamental elements is the existence of the people. The existence of the people means that there are people who live and become subjects of government and enforced rules. Without rules, the consequence is that there will be a large number of crimes that cannot be overcome. Therefore criminal law exists to optimize a regulation and implementation in the community. In the constitution of the Indonesian state, there has been guaranteed the rights of everyone from the right to life, the right not to be tortured, the right to religion and human rights that cannot be reduced in any case. But with Article 81 A paragraph (3) of Law No. 17 of 2016 concerning the second amendment to Law No. 3 of 2002 concerning Child Protection. In this article the phrase the addition of basic crimes especially chemical castration punishment becomes a problem that causes controversy among the public. So the government needs to reconsider with regard to Article a quo by using preventive and repressive measures to address these problems.  The theory that author use is Law Enforcement along with the principles of das sein and das sollen. With normative research methods that are descriptive, and through a conceptual approach. So the author recommend that the application of chemical castration and rehabilitation as a form of treatment oriented to protect perpetrators and sexual crimes. 
Klausula Baku Dalam Perjanjian Kredit Tanpa Agunan Di Bank Permata; Studi Penerapan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Muhammad Fachri Akbar; Nurhasanah Nurhasanah
JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019)
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.v1i2.13872

Abstract

AbstractThis study aims to analyze the standard clauses in loan agreements without collateral in terms of consumer protection laws using the principles of the law approach and the theory of legal effectiveness. In addition, it aims to determine the response of credit users without collateral for the standard clause. The method used in this study is the Normative Law Research method. Normative Legal Research is a literature study using a statutory approach and a conceptual approach. This type of qualitative research requires a sample interview with several informants (credit users). The results of this study outline state that the standard clauses contained in the agreement to apply for Unsecured Loans at Permata Bank there are several points that violate the provisions regarding the standard clauses that have been stipulated in Law Number 8 of 1999 Concerning Consumer Protection and Article 14 of the Regulations Bank Indonesia Number 16/1 / PBI / 2014 Regarding Consumer Protection for Payment System Services.Keywords: Standard Clause, Unsecured Loans, Agreements, Contracts 
Implikasi Putusan Praperadilan Terhadap Perintah Penetapan Tersangka Surya Pandu Baskara; Alfitra Alfitra
JOURNAL of LEGAL RESEARCH Vol 1, No 6 (2019)
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.v1i2.12182

Abstract

AbstractCriminal Procedure Law is a collection of provisions on how to investigate, investigate, prosecute, and prosecute someone who is considered guilty and commits a criminal law violation. Pretrial in this case is a mechanism in protecting the rights of the accused in a criminal case. The pretrial object that has been regulated in Law No. 8 of 1981 concerning the Criminal Procedure Code. This research uses descriptive research and uses a juridical-normative research approach. The results showed that the judge ordered the Corruption Eradication Commission as a pretrial respondent to designate several suspects as suspects in a Century Bank corruption crime. Judges interpret pre-judicial authority broadly, not limited to the provisions of the Criminal Procedure Code, Constitutional Court Decision Number 21 / PUU-XII / 2014, and Supreme Court Regulation (PERMA) Number 4 of 2016 concerning the Prohibition of Judicial Review Judgment. However, the presence of PERMA No. 4 of 2016 has eliminated ordinary legal or extraordinary remedies against pretrial decisions that have implications that these decisions must be carried out based on the governing provisions.Keywords: Pretrial, Suspect Determination Order, Legal Discovery
Aspek Hukum Perlakuan Pajak Pertambahan Nilai Terhadap Transaksi Perdagangan Elektronik Di Indonesia Anita Sari; Syafruddin Makmur
JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019)
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.v1i5.13910

Abstract

Abstract.This study aims to measure the tax treatment of electronic transactions that have been carried out by the Government in electronic commerce transactions (e-commerce). In the transaction activities that occur in E-Commerce basically there is a potential tax that can help the country's economy, but the tax collection that took place has not been addressed properly. Other obstacles in tax collection, especially Value Added Tax (VAT), are related to the difficulty of determining the parties involved in transactions in E-Commerce and the characteristics of intangible goods traded. This research uses the Law approach with empirical normative research type. The results of this study indicate that regulations that have been issued by the Government, namely PMK Number 210 / PMK / 010/2018 About Taxation Treatment of Trade Transactions Through Electronic Systems (E-Commerce) have not been maximized in addressing electronic commerce (e-commerce) that occurs in Indonesia especially on rules that apply taxation on electronic transactions.Keywords: Value Added Tax, E-Commerce, Electronic Contracts

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