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Sunardi Purwanda
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Amsir Law Jurnal (ALJ)
Published by institut ilmu sosial dan bisnis andi sapada
ISSN : -     EISSN : 27159329     DOI : https://doi.org/10.36746/alj.v2i1.28
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Amsir Law Journal (ALJ) is a peer-reviewed journal published by Sekolah Tinggi Ilmu Hukum (STIH) Amsir. ALJ is published twice a year in April and October. This journal provides direct open access to content with the principle of free availability in the public interest and supports greater global knowledge exchange. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal relates to various topics: such as Criminal Law, Civil Law, Constitutional Law, Administrative Law, Human Rights, International Law, Islamic Law, Adat Law, Environmental Law, Sociology of Law, Criminology and Victimology and other parts related to contemporary problems in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 81 Documents
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Antinomi Kewenangan Mahkamah Konstitusi dalam Menguji Peraturan Pemerintah Pengganti Undang-Undang Muhammad Taufiq Hafid; Willy Talentaniko; Yudi Pratama Tanjung
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.27

Abstract

Government Regulation a Substitute for laws (Perppu) is president right to regulate something in terms of compelling urgency. Perppu issued by the president must be immediately determined by the House of Representatives to be declared rejected or accepted. Article 24 C Constitution of Republic Indonesia 1945 stipulates that authority of Constitutional Court is to only examine the law against Constitution of Republic Indonesia 1945, not the Perppu. However, Constitutional Court through decision No. 138 / PUU-VII / 2009 states that the Constitutional Court has authority to examine Perppu against Constitution of Republic Indonesia 1945. The Perppu made by president make a new legal norms that give rise to new legal status, new legal relationships and new legal consequences. Constitutional Court interprets that norms contained in Perppu are as binding as norms in the law. In conducting tests, Constitutional Court does not distinguish between formal and material laws.
Adversary System in Common Law Countries and Possibility for Implementation in Indonesian Court Nirmala, Puspita
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.28

Abstract

This research tries to open the possibility of implementing an adversary system which is very closely related to the common law system in Indonesia, especially concerning the “The Rights of the Accused” in the criminal justice process. This research is carried out normatively by conducting legal studies through literature and legislation. The result of this research is that if the accused declared himself guilty of the crime he committed, this means that the accused will lose his right to be tried and processed fairly trial in the common law system. If a defendant is declared guilty, then the next process is the conviction without trial, in which case there are weaknesses in the rights of the accused that should have been carried out through a jury trial. Is it possible to apply in Indonesian courts? Is it not contrary to the norms contained in the Code of Criminal Procedure (KUHAP), especially regarding the rights of suspects relating to human rights (HAM), such as equal treatment before the law; put forward the presumption of innocence; the right to compensation; right to legal assistance; the defendant's rights before the court; a free, fast and simple trial; and a court that is open to the public. However, if possible in Indonesia to switch to the adversary system, the judge's role can be limited only as a referee to allow the creation of a fair trial. The party in charge of deciding whether or not the defendant is right is the jury.
The Effects of Monism and Pluralism on Legal Development of a Nation Purwanda, Sunardi; Dewi, Mira Nila Kusuma
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.30

Abstract

This study demonstrates the impacts of monism and pluralism on the legal development of a nation. First of all, this study discusses how isms or sects or ideologies begin, related to supernatural thoughts by humans. Subsequently, these thoughts develop into a concept that nature is the center of this universe. Nature sign is not due to supernatural power or in other words rain falls not because the Rainy Goddess is crying but nature itself moves its power. Nature supreme grows well in human knowledge, through natural studies, which is called naturalism. Naturalism continuously forms materialism, something that presents/exists, and then it is what is called the truth. Next, these thoughts develop to mechanistic and vitality thoughts. These give impacts to culture, social even legal system in a nation.
Pros-Cons of Implementing the Right to be Forgotten Rules in the ITE Law Saharuddin, Saharuddin
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.31

Abstract

Article 26 paragraph (3) of Law number 19 the Year 2016 concerning Electronic Information and Transactions (The ITE Law) in Indonesian concerning the right to be forgotten. The contents of this article allow a person based on a court order to ask the electronic system administrator to delete irrelevant electronic information that is under their control. This provision conflicts with several other rights, which are also regulated in several laws. Like the location of the intersection right to be forgotten with the protection of personal data and public access to information.
The Responsibility by PT Pegadaian for the Guarantee of Damaged and Lost Goods Tadjuddin, Nurdiyana; Tjiaman, Yohanis Yabes
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.32

Abstract

The practice of pawning in a PT Pegadaian is certainly inseparable from the various problems faced by the PT Pegadaian itself, especially the problem of collateral during storage. Collateral is stored at the PT Pegadaian, not a few that have an impact on damage or loss of the collateral. Damage and loss can occur due to negligence because it is stored for a long time. What is the form of responsibility by PT Pegadaian, if there is a guarantee for damaged and lost goods? People are starting to pay attention to trusted institutions such as PT Pegadaian so that this research seeks to study further if people choose to become customers at a PT Pegadaian, and suffer unwanted losses, then there is a loss such as loss or damage to collateral, the PT Pegadaian must be responsible and provide compensation by the applicable laws and regulations.
Potensi Penanganan Pidana Harta Benda melalui Konsep Diversi Abdurrifai, Abdurrifai
Amsir Law Journal Vol 2 No 2 (2021): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i2.33

Abstract

This study aimed at examining how and is it possible the setteling property crimes with the concept of diversion through the principle of restorative justice. This was the normative research, with the concept, historical, philosophy. Data were collected using the documentation studies and interviews. The sources of the data were analyzed by description, comparison, evaluation, and argumentation. The research results incicate that deliberation to reach consensus by involving victims, perpetrators and their families, law enforcement officials and third parties is the spirit of the concept of diversion through the principle of restorative justice. The deliberation proces between the prepetrator and the victim and/or the victim‘s family is carried out freely with the principle of equality and balance, so that the resulting decisions reflect justice, benefit and legal certainty. The concept of diversion through the principle of restorative justice for property crimes, has essentially been practiced customary law communities in Indonesia have long been and are still practiced, however, the Indonesian legal system or the criminal justice system has not been strictly regulated in the from of a law. The use and application and regulation are stillat a discretionary level in each law enforcement agency.
Keabsahan Surat Keputusan Pemberian Hak Atas Tanah Tanpa Disertai Surat Setoran Pajak Tornado, David Mars; Riza, Marwati; Nur, Sri Susyanti
Amsir Law Journal Vol 2 No 2 (2021): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i2.35

Abstract

The granting of land rights is one way for legal subjects to be able to obtain a right to land in Indonesia. This study aims to determine the legal implications of the Decree on Granting Land Rights issued by the National Land Agency without implementing Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 concerning Income Tax. This research is empirical legal research. The results of the research show that the Decree on the Granting of Rights to Land is still valid without implying that it is null and void, while Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 is not in line with the principles in the theory of legal certainty and is not effective in its application or enforcement.
Health Protocol Sanctions Policy in Sorong Mayor Regulation Sakti Ramdhon Syah Rakia, Alwiyah
Amsir Law Journal Vol 2 No 2 (2021): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i2.38

Abstract

This study aims to analyze the policy of legal sanctions of public health protocols in Article 7 of Sorong Mayor Regulation Number 17 of 2020. This study uses normative research that is qualitatively analyzed. This research uses a legal approach. The results of this study show that sanctions in the form of monetary fines as stipulated in Article 7 paragraph (2) letter a have no firm legal basis and tend to potentially interfere with economic activities to improve the welfare of the people, especially in the era of the covid-19 pandemic.
Legislation Policy to the Elimination of Minimal Capital Legal Entities for Limited Liability Companies Roma, Muhammad Hatta; Miqat, Nurul; Purnamasari, Andi Intan; Syamsuddin, Adiesty Septhiany Prihatiningsih; Patila, Manga
Amsir Law Journal Vol 2 No 2 (2021): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i2.39

Abstract

The purpose of this study is to analyze the factors that hinder the implementation of government policies against the elimination of minimal capital of legal entities as an effort to develop MSME to improve the regional economy in Palu of Central Sulawesi. This research was an empirical research method using a qualitative descriptive approach. The results showed the factors inhibiting the implementation of government policy on the elimination of minimal capital of legal entity making is the lack of information about Government Regulation Number 29 of 2016 concerning Changes in The Basic Capital of The Establishment of Limited Liability Companies, Constraints on the requirements of making Limited Liability Companies both due to large capital constraints for the manufacture of Limited Liability Companies and Due to Administrative System Constraints that are quite difficult, and the latter is the Orientation of Individualist Thinking.
Reconstruction of Land Exertion for Investment Sumardi, Juajir
Amsir Law Journal Vol 2 No 2 (2021): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i2.40

Abstract

This study aims to determine the basis of welfare, so the nature of investment in land is placed in the basic values ​​of Pancasila and the 1945 Constitution. The type of research used is normative legal research using a statutory approach. The results show that the concept of diversion through the principle of restorative justice for criminal acts against property has actually been practiced by indigenous peoples in Indonesia since ancient times and is still practiced today, but in the Indonesian legal system or the criminal justice system has not been explicitly regulated in statute form. The use, application and regulation are still at the level of discretion in each law enforcement agency in accordance with the internal rules that bind the respective law enforcement agencies. For this reason, to implement the values ​​contained in Pancasila and the mandate of the state constitution, economic law in the investment sector must be directed at encouraging balanced economic growth, prosperity, and equal distribution of opportunities. In this regard, the obligation to have social and environmental responsibility must be implemented in any investment activity that uses the land as a production factor by giving local governments the role of supervising the implementation level.

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