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INDONESIA
Fox Justi : Jurnal Ilmu Hukum
Published by SEAN INSTITUTE
ISSN : 20871635     EISSN : 28084314     DOI : -
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and Deductive Reasoning International Law Constitutional Law Law of Contract Administrative Law International Legal Environment Money Loundry Analysis of contemporary environment of business law Civil and Criminal Procedures Business Law and International Trade Alternative Dispute Resolution Real Estate Law Criminal Law Immigrant and Tourism Law The Concepts of Tort and Strict Liability Ethics and Diversity Common Law Contract Theory Leadership and Business Ethics Corporate Culture and Business Ethics Organizational Ethics Agency Law Social Responsibility and Business Ethics Employment Law Business Ethics Evaluations and Intentions Law for Business Structures Codes of Ethics and Compliance Standards Ethical Conflict Organizational Structure and Business Ethics Corporate Culture and Business Ethics The Ethical Compliance Audit Organizational Structure and Business Ethics Significant others and Ethical Behavior in Business
Arjuna Subject : Umum - Umum
Articles 235 Documents
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Systematic Specialist Lex Principle in Determining State-Owned Bank Employees as Suspects on Charges of Corruption Azhar. AR; Mhd. Azhali Siregar; Suci Ramadhani
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

Study This aiming for to study implementation lex specialis principle systematic in determination suspect state-owned bank employee who is suspected do act criminal corruption. In Indonesia, it often happen overlap overlap between provision Constitution Banking and Law Action Criminal Corruption, which gives rise to uncertainty law and differences judge's decision. Lex specialis principle systematic emphasize election provision more laws specific moment happen clash between law. Approach research used is legal normative with method descriptive analytical, relying on studies bibliography and analysis decision courts, including Decision Supreme Court Number 2405 K/ Pid.Sus /2016. Research results show that provision Constitution Banking should more prioritized in context banking, although there is inconsistency in its implementation by the authorities enforcer law. The need for strengthening understanding to principles law criminal special and application lex specialis principle systematic in a way consistent for ensure certainty law and justice in the sector banking.
Juridical Analysis of the Serang Administrative Court Decision No. 24/G/2020/PTUN-SRG on the Building Permit Process for a Poultry Farm in Panyaungan Jaya Village According to Law No. 5 of 1986 on the Administrative Court Heriansyah, Heriansyah; Fathullah, Fathullah; Kamseno, Sigit; Mabsuti, Mabsuti
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

This research aims to analyze the judicial reasoning of the Serang State Administrative Court (PTUN Serang) Decision No. 24/G/2020/PTUN-SRG regarding a dispute over the issuance of a Building Permit (IMB) for a poultry farm in Panyaungan Jaya Village, Serang Regency. The main problem lies in the inconsistency between the local government’s administrative decision and statutory regulations, particularly in relation to the General Principles of Good Governance (AUPB). The study employs a normative juridical method with statutory, conceptual, and case approaches. Data were collected from primary, secondary, and tertiary legal materials, complemented by interviews to provide empirical validation. The results indicate that the PTUN Serang decision is consistent with Law No. 5 of 1986 on the State Administrative Court, Law No. 30 of 2014 on Government Administration, and Law No. 32 of 2009 on Environmental Protection and Management. The court found that the issuance of the IMB lacked legality and due diligence because it was not preceded by environmental assessments (UKL-UPL) and did not involve community participation. As a result, the administrative act was declared legally defective and annulled. Conceptually, the ruling reinforces the PTUN’s role as the guardian of the rule of law and a supervisory mechanism over administrative actions that may infringe upon citizens’ rights. Practically, this study underscores the importance of legality, transparency, and accountability in administrative decision-making, as well as the need for effective enforcement mechanisms to ensure compliance with PTUN judgments.
The Concept of Legal Protection in the Implementation of the Complete Systematic Land Registration Program (PTSL) Zetria Erma
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

The purpose of this study is to understand and analyze the concept of legal protection in the implementation of the Complete Systematic Land Registration (PTSL) program. This type of research is normative with a statutory approach. The data used are secondary data consisting of primary and secondary legal materials. The research specification used is analytical descriptive. The concept of legal protection in the implementation of systematic land registration (PTSL) is the issuance of land certificates as proof of legitimate ownership, prevention of land disputes, legal certainty regarding land rights, transparency in the land registration process, protection for communities owning land without a certificate, reducing land mafia practices and misuse, guarantees the law for land buyers as well as the right to file a lawsuit against parties that interfere with land rights. PTSL can ensure that landowners' rights are protected by the state, prevent disputes, and reduce the likelihood of abuse of land rights. This program plays an important role in creating legal order in the field of land affairs in Indonesia. Therefore, it is recommended that the government further enhance the protection of landowners in the implementation of PTSL by amending regulations regarding land registration.
Legal Protection for Consumers in the Parate Execution of Fiduciary Guarantee Objects Davina Tasya Kirana Pakaya
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

This research addresses the problem of inadequate legal protection for consumers in the implementation of parate execution of fiduciary collateral objects. The study aims to examine regulations, transparency, and fair treatment of consumers within this context. Employing normative legal research through the analysis of legal literature and secondary data, the study explores the legal relationship between debtors and creditors in Consumer Finance Companies, highlighting the principle of freedom of contract under Article 1338 paragraph 1 of the Indonesian Civil Code. Findings indicate that parate execution must comply with consumer protection principles concerning security, safety, and legal certainty, as mandated by Law No. 8 of 1999 on Consumer Protection. The research concludes that additional protections, such as requiring debtor agreement or court approval for execution, are necessary, alongside recommendations for legal education, enhanced government oversight, and stricter adherence to the principle of prudence in fiduciary collateral execution.
Legal Analysis of Witness and Victim Protection in Cases of Sexual Violence Crimes Faruk Rumbu Rabani Raya Ente
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

Cases of sexual violence are a serious issue that requires special attention in the criminal justice system, especially in relation to the protection of witnesses and victims. This protection is important to guarantee the rights of victims and support a fair and just law enforcement process. This study aims to analyze the legal aspects of witness and victim protection in the context of sexual violence in Indonesia. The method used is a normative juridical study with a legislative approach and a review of court decisions. The results of the study show that although there are regulations governing the protection of witnesses and victims, such as the Witness and Victim Protection Law, the implementation of such protection still faces various obstacles, including the psychological problems of victims, social stigma, and limited protection facilities. Therefore, there is a need to improve the understanding of law enforcement officials, support facilities, and more comprehensive policies to realize effective protection for witnesses and victims of sexual violence crimes. This study is expected to serve as a reference for policymakers and legal practitioners in strengthening legal protection mechanisms for witnesses and victims.
Analysis of Chemical Castration Sanctions in the Positive Legal System in Indonesia HR. Nurfaiz Mohamad; Lisnawaty W. Badu; Avelia Rahma Y. Mantali
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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This study analyzes the application of chemical castration as a form of punishment for perpetrators of sexual crimes against children in Indonesia's positive legal system, as well as its relation to human rights principles. Chemical castration is regulated in Government Regulation No. 70 of 2020 as an additional punishment to suppress the sexual urges of perpetrators, but it has sparked controversy regarding violations of the right to bodily integrity and the potential for cruelty that is contrary to the constitution and international conventions. This study uses a normative legal research method with a descriptive qualitative approach to examine regulations, court decisions, and the views of various parties such as Komnas HAM, IDI, and international human rights institutions. The results of the study show that chemical castration has not been proven effective in preventing repeat offenses and focuses more on the theory of revenge than rehabilitation. In addition, there are more humane alternatives, such as a therapy program in Germany that emphasizes a rehabilitative approach and the protection of the rights of both perpetrators and victims. This study recommends a review of the chemical castration policy policy to bring it in line with the values of justice, humanity, and the supremacy of human rights in Indonesia.
Indonesia's Role in Maximising the Benefits of Foreign Investment for the Community Through Regulation of Entry Policies Daniel Manalu, Kevin
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

Indonesia, as one of the most populous countries in the world, faces the challenge of maximising the potential of its natural and human resources through foreign direct investment (FDI) activities. This study uses a normative legal method with a literature review approach to analyse how Indonesia, through its sovereignty, regulates entry in FDI to ensure economic growth and public welfare. The results of the study show that Indonesia has established a relatively comprehensive regulatory framework through Law No. 25 of 2007 on Investment, which includes guarantees against takeovers, dispute resolution mechanisms, tax and non-tax incentives, investment screening, local collaboration requirements, environmental protection, and provisions on local equity. These regulations have proven to play a role in minimising the risk of economic dependence, preventing the exploitation of natural resources, and strengthening the country's legal position in negotiations with foreign investors. This study found that Indonesia has succeeded in maximising the benefits of FDI, particularly through job creation, improving the competence of the local workforce through training, and technology transfer from foreign companies. However, the effectiveness of the policy is still influenced by implementation challenges such as licensing bureaucracy and legal certainty. This study concludes that regulations that balance investor protection and national interests are key to ensuring that FDI generates optimal benefits for the community. Recommendations are directed at strengthening investment governance, improving environmental sustainability standards, and harmonising central and regional regulations to create a more stable and inclusive investment climate.
Grandfather Clause as Investor Protection in Bilateral Investment Treaties (Case Study: Oleovest PTE LTD Vs Indonesia) Yonathan Manalu, Febri
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Bilateral Investment Treaties (BITs) aim to provide protection for investments made abroad, encourage policies that support free markets, and create transparent and non-discriminatory investment practices between countries and investors. This study aims to examine several important aspects related to BITs: first, to examine how the Grandfather Clause is applied in foreign investment. Second, to examine how BIT agreements are used to increase foreign investment. Third, to explore how the Grandfather Clause is applied as protection for foreign investors in BIT agreements, using the case study of Oleovest Pte Ltd vs Indonesia as a concrete example. The research method used is a normative approach based on an analysis of relevant laws and regulations. The results of the study show that: first, the application of the Grandfather Clause is important to ensure legal certainty and protection for foreign investors so that changes in policies related to investment in Indonesia do not affect approved investments. Second, BIT agreements focus on two main objectives, namely providing direct protection against risks and cooperating with other instruments to minimise risks in order to achieve the ultimate goal of increasing foreign investment. Third, the application of the Grandfather Clause in BIT agreements in this case can guarantee the rights and provide protection for foreign investors, as evidenced by the ICSID's acceptance of the claim in the Oleovest Pte Ltd vs Indonesia case.
Event Organizer's Responsibility for Royalty Payments to Songwriters in Music Concerts Oktavianto Setyo Nugroho; Setyawati, Setyawati
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Music concerts as a form of public performance often use copyrighted works in the form of songs produced by creators. Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 have explicitly regulated the obligation of every party that uses songs or music for commercial purposes to pay royalties to creators, copyright holders, and neighboring rights owners. Event organizers are responsible for ensuring that every song used in a concert has obtained permission from the creator or rights holder through a royalty payment mechanism. However, in practice, many event organizers still ignore this obligation, resulting in violations of the economic rights of songwriters. This study uses a normative juridical method with a legislative and literature study approach, as well as secondary data for analysis. The results of the study show that although Law Number 28 of 2014, Government Regulation Number 56 of 2021, Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number: HKI.2.OT.03.01.02 of 2016, and LMKN Decree Number: 20150512KM/LMKN -Pleno/Tarif Royalti/2016 clearly regulate the payment of royalties to songwriters, their implementation has not been maximally effective. Lack of legal awareness, production cost considerations, minimal supervision and law enforcement, the assumption that royalties are already included in artists' payments, and administrative processes that are considered difficult pose challenges to royalty payments. Therefore, it is necessary to strengthen law enforcement, increase awareness, and promote collaboration between the government, LMKN, and entertainment industry players so that royalty payments can run smoothly
Legal Protection for Children as Heirs as Reviewed in Indo-nesian Family Law Taufika Hidayati
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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This study examines legal protection for children as heirs in the Indonesian family law system. Disparities in the treatment of children in various inheritance law systems applicable in Indonesia create legal uncertainty that has the potential to harm the interests of children. Using a normative juridical method with a legislative and case-based approach, the study found that the protection of children's inheritance rights is still fragmented in several legal systems that are sometimes contradictory. Harmonization of regulations is needed to place the principle of the best interests of the child as the primary consideration in the settlement of inheritance disputes, including strengthening the role of guardianship institutions in supervising the management of the inheritance of minors.

Page 19 of 24 | Total Record : 235

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