Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,
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697 Documents
<![CDATA[IMPLIKASI YURIDIS STRATEGI FLASH SALE OLEH PELAKU USAHA E-COMMERCE ]]>
<![CDATA[Firlli Wijaksana]]>;
<![CDATA[Rosalinda Elsina]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.179
<![CDATA[The author writes this journal to review and examine the flash sale strategy by e-commerce business actors whether it fulfills the predatory pricing element as stipulated in Article 20 of Law No. 5 of 1999 concerning prohibition of monopoly practices and unfair business competition (hereinafter referred to as Law no. 5 of 1999) or not, because in practice flash sales are used as a strategy by e-commerce business actors almost fulfilling the elements of predatory pricing practices in which the implementation of the flash sale promotion strategy uses setting prices on a product below the average market price with limits the time and product given to attract consumers to get to know the shop of the e-commerce business actors and this is felt to undermine the justice of e-commerce business actors who will enter the market but only have small capital. Because there is no provision regarding the flash sale strategy, the authors interested in studying the problem m using normative juridical research methods using legal approaches and approaches. The results of this study found that the flash sale strategy can be classified as a form of predatory pricing if the elements in Article 20 of Law No. 5 of 1999 are taken as a whole. It is necessary to prove it using the rule of reason approach and other tests such as above-cost tests and limits. pricing strategy. If an e-commerce business actor is proven to have engaged in predatory pricing practices, administrative sanctions in Article 6 paragraph (2) points c, f, and g of PP No. 44 Year 2021]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA BAGI PELAKU MONEY LAUNDERING BERKEDOK INVESTASI MELALUI TRADING ]]>
<![CDATA[Ihda Aniqoh]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.180
<![CDATA[Money laundering crimes often occur in parts of the world, including Indonesia. Money laundering is an activity in which a person keeps or does not reveal the origin of the proceeds of crime through various transactions so that the property appears to have originated from a legitimate act. Money laundering has 3 (three) stages, namely placement, layering and integration. Over time, money laundering can be done in any way, one of which is through investment or trading. This study uses a normative juridical method using statutory, conceptual and case approaches. This study discusses criminal responsibility for money laundering actors under the guise of investment through trading. The results of this study show that Decision Number 71/Pid.B/2022/PN Tbn. The judge decided to sentence the perpetrators of investment fraud through trading to imprisonment for 3 years and 8 months using the basis of Article 378 juncto Article 55 paragraph (1) 1 of the Criminal Code]]>
<![CDATA[KEABSAHAN LARANGAN MENIKAH PADA PEKERJA KONTRAK DITINJAU DARI HUKUM POSITIF DI INDONESIA ]]>
<![CDATA[Fahril Adi Rahmansyah]]>;
<![CDATA[Wiwik Afifah]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.181
<![CDATA[Marriage is a constitutional right owned by each person. The prohibition to marry as stated in the work agreement has positive and negative impacts on both employers and workers. With the qualifications regarding the prohibition on marriage given by the employer, it conflicts with the personal rights of workers, especially for contract workers or workers with PKWT status. Prohibition of marriage in work agreements made is the result of agreements made by employers and workers in unequal positions because workers need decent work to fulfill their daily needs. This study aims to find out about the validity of the rules prohibiting marriage for PKWT workers contained in the work agreement. This study uses a normative juridical method that uses primary legal materials in the form of legislation and secondary legal materials. The results of the study show that what is experienced by workers and employers in their daily lives often creates differences in interests that are quite serious so that the resolution also has the effect of experiencing differences between employers and workers. Work agreements that prohibit marriage remain valid according to the Civil Code. However, the agreements made are not based on the equal or weaker position of workers compared to the employer. The right to marry is a right that can be waived because workers prioritize the right to get a decent job, decent wages to meet basic needs. However, marriage should not be prohibited and employers should provide other options as a solution so that both workers and employers get their rights]]>
<![CDATA[HAK ATAS KESETARAAN DAN ANTI-DISKRIMINASI KELOMPOK IDENTITAS GENDER NETRAL (NON-BINARY) DALAM HUKUM POSITIF INDONESIA ]]>
<![CDATA[Miftakhur Rohmah]]>;
<![CDATA[Wiwik Afifah]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.182
<![CDATA[Knowledge about non-binary gender identity has become increasingly widespread over the past few years, but that does not mean that these groups are not discriminated and have received recognition in Indonesian positive law. The purpose of this article is to identify human rights violations by the state as a result of the lack of recognition of non-binary gender identity groups in Indonesian positive law. The research method used in making this scientific article is normative. The approach used is statute approach and comparison approach of Indonesian law with Australia and Argentina. The results of this study prove that there are human rights violations against non-binary gender identity groups by the state in the form of violations of the right to equality before the law and non-discrimination]]>
<![CDATA[ANALISIS KEBIJAKAN KEDUDUKAN JUSTICE COLLABORATOR DAN WHISTLEBLOWER DALAM TINDAK PIDANA KORUPSI ]]>
<![CDATA[Bagus Diyan Pratama]]>;
<![CDATA[Budiarsih Budiarsih]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.183
<![CDATA[The role of Justice collaborators and Whistleblowers is urgently needed to assist law enforcement officials in uncovering cases such as criminal acts of corruption, but on the other hand there is a big risk that must be borne by a Justice collaborator and Whistleblower, so it is very necessary to have legal certainty for Justice collaborators and Whistleblowers to provide a sense of security, comfort, and free from threats or intimidation and discrimination. The focus of the research is Policy Analysis on the Position of Justice Collaborators and Whistleblowers in Corruption Crimes. This study uses the method of normative legal research (legal research) and two approaches, namely the statutory approach (statute approach), conceptual approach (conceptual approach). The results of this study found that the policy positions of Justice collaborators and Whistleblowers in corruption cases found several problems, including first, the need for a common perception and synchronization of existing regulations for law enforcement officials in understanding aspects of witness protection. secondly, although there have been several arrangements regarding Justice collaborators and Whistleblowers, the Criminal Procedure Code still has no provisions that specifically, clearly and definitely regulate the protection of Justice collaborators and Whistleblowers. Such conditions result in less-than-optimal legal protection for Justice collaborators and Whistleblowers]]>
<![CDATA[BATAS WAKTU WARGA NEGARA ASING MELEPASKAN HAK MILIK YANG DIPEROLEH KARENA PEWARISAN ]]>
<![CDATA[Ibnu Maulana Muhammad]]>;
<![CDATA[Sri Setyadji]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.184
<![CDATA[The state in addition to controlling is also obliged to regulate all natural resources of Indonesia with the aim of prosperity of the people. In the task of regulating that the state through the government also determines the right to land for its people, one of which is property rights. Individually this right can only be owned by Indonesian citizens. The attitude by renouncing Indonesian citizenship makes this affect the deadline for acquiring land rights due to inheritance. The 1-year deadline normatively does not provide legal certainty and is not an expectation. The research used is normative research, which describes and explains the core of the problem sourced from existing legal rules such as the UUPA, the Citizenship Law and other related regulations. With this method, it can provide a solution to determine the start of a 1-year deadline by the UUPA for heirs who have renounced Indonesian citizenship to transfer their property rights. Land registration in principle in addition to providing legal certainty is also of course to meet the principle of publicity. Through this means of land registration can be a sure way out against the determination of that time limit while respecting the civil rights of the heirs]]>
<![CDATA[KETERANGAN TESTIMONIUM DE AUDITU YANG DIJADIKAN SEBAGAI ALAT BUKTI DALAM PENJATUHAN PUTUSAN HAKIM ]]>
<![CDATA[Filzah Arina Putri]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.185
<![CDATA[According to Article 1 point 26 of the Criminal Procedure Code, neither the Public Prosecutor nor Legal Counsel may present witnesses who are deemed to have met the requirements as qualified witnesses. According to Article 185 paragraph (6) letter a of the Criminal Procedure Code, one of the main factors that must be considered by the panel of judges in determining whether or not a witness' statement is true or not is the conformity between the testimony of the first witness and the statements of other witnesses. This assessment is also inseparable from the judge's conviction which will be determined by the evidence provided by the witness. Basically, the witness testimony de auditu cannot be said to be a valid witness or cannot be accepted as evidence in the evidentiary process. In the field of criminal law, the terms criminal and sentencing are used interchangeably. However, the term punishment is more precisely interpreted as "suffering that is intentionally imposed or given by the state to a person or several people as a legal consequence (sanction) for him for his actions that violate the prohibition of criminal law". Because almost all proof of criminal cases depends on examining witness evidence, witness testimony is very important in the process of proving a case in court. However, the judge still depends on the evidence presented, the court can consider everything related to the guilt or innocence of the defendant. Witness testimony is one of the means of evidence based on evidence regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP). In handling criminal cases, evidence in the form of witness testimony has legal weight. The testimony of this witness is prioritized in the verification process and has the potential to be the most significant piece of evidence when the case is heard]]>
<![CDATA[PENGATURAN PENGGUNAAN GANJA SEBAGAI BAHAN BAKU PRODUKSI OBAT ]]>
<![CDATA[Riviera Constine Marainaya]]>;
<![CDATA[Yovita Arie Mangesti]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.186
<![CDATA[Marijuana is used for medicinal purposes because it contains several chemical compounds that can cure various diseases. It was explained that cannabis is included in a type of narcotics class 1 because it contains tetrahydrocannabinol (THC), in the Narcotics Law that the term "consuming" is not explained. Some of the articles of the Narcotics Law only explain or include things such as: using, storing, possessing, providing, controlling, offering, intermediary, trading, receiving, or handing over. This research is normative legal research with a statutory and conceptual approach by finding arrangements for the use of cannabis as a raw material for drug production, and what are the rules or legal consequences if it violates the provisions against the use of cannabis as a raw material for drug production. The reason is that until now there are still many Indonesian people who use cannabis illegally as an alternative treatment or use traditionally processed cannabis]]>
<![CDATA[PREDATORY PRICING PROMO OJEK ONLINE DALAM PRESEPEKTIF HUKUM PESAING USAHA ]]>
<![CDATA[R.Bima Avriliano Dody B.A.P]]>;
<![CDATA[Widhi Cahyo Nugroho]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.187
<![CDATA[In today's modern era, many people in general use and take advantage of the sophistication of communication technology, especially in the field of business economics, one of which is online motorcycle taxi transportation. online motorcycle taxis are gojek, gojek has many promos that are applied such as discounted prices, promo vouchers, and many more. and in this case predatory pricing contradicts Article 20 of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The formulation of the problem in this research are: 1.) What are the legal consequences (predatory pricing) that arise from the perspective of business competition law? , 2.) Are the promos of online motorcycle taxi applicators not in conflict with the concept of predatory pricing in business law competition?. The conclusions obtained are, firstly, the Gojek promo contradicts the concept of predatory pricing in business competition, because it must be distinguished between promotional activities in business activities and the concept of price fixing which is prohibited in business competition law. is a program of a special offer company in the short term to determine the promotion of related consumers in order to make a faster purchasing decision. Sales promotion is a supporting activity of advertising. After and get information from a product, consumers will be more interested and interested in the decision after getting a special offer to see what is offered from the product or service]]>
<![CDATA[TANGGUNG JAWAB ORANG TUA TERHADAP ANAK SEBAGAI PENGEDAR NARKOTIKA ]]>
<![CDATA[Ardhicka Dwinanda Lutgianto]]>;
<![CDATA[Wayan Made]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.188
<![CDATA[The illicit circulation of narcotics involving children as dealers is one of the national problems faced by the government in tackling the dangers of narcotics. This problem becomes complex because of criminal sanctions against children as narcotics dealers. On the other hand, there are aspects of prevention and parental obligations in the education and supervision of children mandated by law. This study aims to find the rationale for parents to be held criminally responsible for children as narcotics dealers, and to formulate prescriptions for the parameters of parental criminal responsibility for children as narcotics dealers in the future. Children must be given protection including legal protection. The aspect of justice is reflected in the legal obligations of parents to children which must be carried out with full responsibility. The aspect of interest is shown by the strategic role of children in ensuring the continuity of the existence of the nation and state in the future. The sociological basis is shown by 4 (four) facts regarding social phenomena including local wisdom, regarding the need to regulate criminal responsibility of parents towards children as narcotics dealers. In the juridical basis, there are regulations regarding the obligations of parents towards children, but the criminal responsibility of parents when a child becomes a narcotics dealer has not been regulated. In this study, there are 4 (four) cumulative parameters that can be used to determine the criminal responsibility of parents for children as narcotics dealers, namely: 1. Age limit for children; 2. Obligations of parents towards children; 3. Children under the effective supervision of parents, including: a. De facto supervision, b. Parents' actions in terms of knowing or duly suspecting a child of being a narcotics dealer, and c. Children live with parents; 4. Narcotics Category I and II are seen from the high dependency syndrome and the inclusion of the death penalty for certain crimes in the group referred to. This dissertation research has proven that the concept of substitute criminal responsibility for parents has the prospect of encouraging parents to carry out their obligations in supervising and preventing children from becoming narcotics dealers, and can be implemented in the narcotics law that is being revised by the government]]>
