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[TINJAUAN YURIDIS PERNIKAHAN BEDA AGAMA (STUDI KASUS PERKARA NO.650/PDT.P/2022/PN.JKT SEL.) ]]>
<![CDATA[Renaning Galih Alif Nugrahani]]>;
<![CDATA[Widhi Cahyo Nugroho]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.281
<![CDATA[Interfaith marriages has given rise to many interpretations regarding the validity of interfaith marriages in Indonesia, especially in Jakarta Selatan. In Indonesia, interfaith marriages are not regulated in a marriage law that applies in Indonesia. Trhe is a legal difference between the decision of the Supreme Court of the Republic Indonesia which grants permission to carry out interfaith marriages and the Ruling of the Constitutional Court of the Republic of Indonesia which rejects interfaith marriages. This study uses a normative juridical aspproach, in this research uses descriptive analytical research specifications, The data collection in this study used a literature study where the results of the research indicated that the Jurisprudence of the Jakarta Selatan District Court Case Study No.650/Pdt.P/2022/PN.Jkt Sel. used the Jurisprudence of the Supreme Court of the Republic of Indonesia No.1400k/Pdt/1986,etc. Also theis have own point of view in addressing legal conflicts the registration of interfaith marriages. In this case the judge also has a different perspective in deiding a case can handling, especially in the case ofminterfaith marriages.]]>
<![CDATA[FUNGSI KPU DALAM PENETAPAN VERIFIKASI PARTAI POLITIK PESERTA PEMILU DI KPU KOTA SUNGAI PENUH ]]>
<![CDATA[Faisal Amri]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.282
<![CDATA[The General Election Commission as an institution that is given a mandate based on realizing people's sovereignty, organizes general elections, to elect regional heads and people's representatives in the legislature. The purpose of this paper is to identify and analyze in depth the function of the general election commission in determining the verification of political parties participating in elections. For this reason, this research was conducted using a conceptual approach, statutory approach, historical approach and case approach. The results of the study show that the election result decisions issued by the KPU fall into the category of state administrative decisions because they fulfill the elements of a decision of a state administration official such as the KPU as an institution authorized to decide election results based on their duties and functions in holding general elections based on regulatory provisions. legislation and code of ethics of election organizers. The decision on the election results issued by the general election commission is concrete in nature and clearly stipulates. This decision creates legal consequences for a person or civil legal entity involved in the election administration. The process of validating and determining general election decisions is not solely based on the decision-making mechanism within the KPU institution itself but has been preceded by the process of holding elections in accordance with statutory regulations]]>
<![CDATA[RATIO DECIDENDI PUTUSAN NOMOR 99/PID.SUS/2022/PN.PNG TERHADAP PERKARA TINDAK PIDANA NARKOTIKA GOLONGAN I BAGI DIRI SENDIRI ]]>
<![CDATA[Khusnul Khofifah]]>;
<![CDATA[Yusron Marzuki]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.283
<![CDATA[The imposition of narcotics crimes still reaps controversy in law enforcement due to the legal certainty of regulations regarding narcotics abuse regulated in Law Number 35 of 2009 concerning Narcotics by classifying the perpetrators, actions, and suitability of the sentences imposed. However, since the existence of the Supreme Court Circular Number 4 of 2010 concerning the Placement of Narcotics Addict Victims of Abuse in Institutions for Medical Rehabilitation and Social Rehabilitation. It has the possibility for narcotics addicts themselves to obtain medical rehabilitation by a judge's Considerations on decision. This will be examined in the research object of Decision Number 99/Pid.Sus/2022/PN.PNG as the judge sentenced him to imprisonment instead of rehabilitation, therefore this study uses a normative method, which is descriptive-analytic in nature, namely research that is discussed and analyzed from general matters to conclusions. The sources of legal materials used in the research contain primary and secondary data, then an approach is made using a statutory approach (statue approach), conceptual approach (conceptual approach), and case approach (case approach).]]>
<![CDATA[KEPASTIAN HUKUM PEMBERIAN GANTI KERUGIAN MELALUI PUTUSAN PRA PERADILAN : STUDI KASUS PUTUSAN NOMOR 10/PID.PRA/2022/PN.MTR ]]>
<![CDATA[M. Daffa Wildan Arzaky]]>;
<![CDATA[Tanudjaja Tanudjaja]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.284
<![CDATA[The act of law enforcement officers arresting, detaining, prosecuting or being tried against someone without a reason based on the law is an act that is detrimental to human rights. For these actions, the Criminal Procedure Code guarantees legal protection for someone who has experienced acts committed by law enforcement officials without reasons based on the law through a pretrial compensation mechanism. One of the interesting decisions occurred in Decision Number 10/Pid.Pra/2022/Pn.Mtr concerning Pretrial Compensation. The decision granted the plaintiff's demands even though the applicant did not include evidence to corroborate his request to obtain material compensation. The formulation of the problem in this research is what is the ratio decidendi in pre-trial decision NUMBER 10/PID.PRA/2022/PN.MTR regarding compensation? and what are the legal remedies for case NUMBER 10/PID.PRA/2022/PN.MTR. The research method used is normative juridical research with statutory and conceptual approaches. The legal materials used are primary, secondary and tertiary legal materials. The results of the study show that the legal considerations carried out by the judge using the ratio decidendi theory are in accordance with the theory of justice put forward by Aristotle and John Rawls where the judge has rendered a decision in favor of the applicant's request to obtain material losses even though the applicant is unable to show evidence at trial. Then regarding the legal consequences after the pretrial decision, it is known that the government, in this case the ministry of finance, does not yet have a legal basis governing the mechanism for granting compensation in accordance with the mandate of Government Regulation Number 92 of 2015. For this reason, the applicant has the potential to lose his rights again]]>
<![CDATA[KEABSAHAN JUAL BELI SEX TOYS PADA LOKA PASAR (MARKETPLACE) ]]>
<![CDATA[Nabila Husniyah Susanto]]>;
<![CDATA[Nynda Fatmawati Ocatrina]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.285
<![CDATA[By using basic analysis on statutes or other legal documents.Buying and selling sex toys, on the other hand, is not a prohibited item and an illegal act if done in accordance with applicable law or in a specific manner and location.In the implementation of the sale and purchase transaction agreement, sex toys are deemed not to meet the legal requirements in Article 1320 of the Civil Code, including several legal reasons and the ability to conclude an agreement. The legal consequences of buying and selling sex toys are deemed not to meet the legal requirements in Article 1320 of the Civil Code, including several lawful reasons and the ability to conclude an agreement. The government is to make regulations and control sex toys and the sale and purchase of sex toys which have been circulating and being traded freely and without permission. Can be used as a basis for a marketplace platform in the implementation of the system, it is necessary to update or filter access so that commodities with certain criteria cannot be accessed by anyone. so that they can pay more attention to the good and bad impacts for business actors and consumers in buying and selling sex toys in the marketplace]]>
<![CDATA[PERLINDUNGAN KONSUMEN DARI JERAT KRIMINALISASI UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK: STUDI KASUS PUTUSAN NOMOR 658/PID.SUS/2021/PN SBY ]]>
<![CDATA[Nanda Wijayanto]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.286
<![CDATA[The establishment of a Joint Decree on Guidelines for the Implementation of Certain Articles in the ITE Law (SKB Implementation of the ITE Law) was carried out by the government in order to provide legal certainty to people who have been criminalized using the ITE Law instruments. Consumers are one of the parties who experience criminalization under the ITE Law even though consumers have rights regulated in the Consumer Protection Act. The case experienced by Stella Monica is one of the latest examples where judges recognize the principle of legal protection for consumers so that consumers cannot be punished by business actors. The purpose of this research is to find out the ratio decicdendi in Decision Number 658/Pid.Sus/2021/Pn.Sby so that giving an acquittal to the defendant is in accordance with the theory of consumer protection and whether the Joint Decree on the Implementation of the ITE Law can be used as a preventive measure against consumer protection from threat of action under Article 27 Paragraph (3) of the ITE Law concerning the Crime of Defamation?. The research method used is normative juridical research with statutory and case approaches. The results of the study show that the acquittal received by Stella is in accordance with the principles of consumer protection. The judge's consideration stated that Stella's actions which were the demands of the public prosecutor were a complaint, not as a defamation. The action of "Complaint" is Stella's right as a consumer as stipulated in the Consumer Protection Act and the enactment of the Joint Decree on the ITE Law can be used as an instrument of legal protection for consumers from criminal charges under the ITE Law. The SKB has an urgency to apply to all cases that ensnare consumers with Article 27 paragraph (3) of the ITE Law concerning defamation]]>
<![CDATA[STRATEGY FOR WINNING CANDIDATE MEMBERS OF THE PKS PARTY LEGISLATIVE IN THE 2019 ELECTIONS IN THE MALANG RAYA ELECTION AREA ]]>
<![CDATA[Didik Supriyanto]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.270
<![CDATA[The presence of Prosperous Justice Party legislators quantitatively both at the central and regional levels is still considered minimal. Various attempts have been made to stipulate regulations and requirements for candidates for legislative members aimed at increasing the quantity of representation of the Prosperous Justice Party in parliament, but have not been able to realize this expectation. However, even though in terms of quantity it is still lacking, in fact there are also members of the Prosperous Justice Party legislature who at the time of their candidacy were able to prove their ability to gain sympathy from the public. By using a qualitative method, this study aims to find out what and how the winning strategy for Prosperous Justice Party Legislative Candidates in the 2019 Election in the Malang Raya constituency. The results of the study show that most of the Prosperous Justice Party Legislative Candidates in the 2019 election used several strategies, including a defensive strategy, namely a strategy carried out to maintain their voter base, there was also an offensive strategy, namely a strategy carried out to overcome threats from opponents. Apart from that, there is also an imaging strategy, namely by offering various programs that will be carried out if they are selected]]>
<![CDATA[KEPASTIAN HUKUM PENGGUNAAN PASAL 27 AYAT (2) UU ITE DALAM PERJUDIAN ONLINE : Studi Putusan Nomor : 95/Pid.P/2021/Pn.Sby ]]>
<![CDATA[Muh. Miqdad Al-Qifari]]>;
<![CDATA[Tanudjaja Tanudjaja]]>;
<![CDATA[Bambang Arwanto]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.287
<![CDATA[Online gambling is gambling through electronic media that uses internet access as an intermediary. In this online gambling game, money is used as a bet according to the rules of the game and the number of bets is determined by the players. in principle gambling is prohibited as stipulated in article 303 of the Criminal Code, article 303 bis of the Criminal Code and the ITE Law article 27 paragraph (2). The researcher found a discrepancy in the application of the article to the Surabaya District Court decision Number: 95/Pid.B/2021/Pn.Sby in the case of online gambling crimes from this problem, so researchers can formulate this problem, namely 1.) What is the Ratio Decide in the Application of Criminal Sanctions in Verdict Number: 95/Pid.B/2021/Pn.Sby? 2.) What is the Legal Certainty on the Use of Article 27 Paragraph (2) of the ITE Law in Online Gambling Crimes in Decision Number: 95/Pid.B/2021/Pn.Sby?. the method used by researchers is a normative juridical type with a statutory approach (Statute Approach), conceptual approach (Conceptual Approach), and case approach (Case Approach). in this decision, the judge used article 303 paragraph (1) 1st of the Criminal Code, the judge should have paid attention to the provisions of the Lex Specialist Derogate Legi Generalis principle by applying article 27 paragraph (2) which regulates the crime of online gambling which is not regulated in article 303 paragraph (1) 1st Criminal Code]]>
<![CDATA[RATIO DECIDENDI PENGADILAN TATA USAHA NEGARA TERHADAP PERKARA PEMBERHENTIAN PEGAWAI NEGERI SIPIL: STUDI PUTUSAN NOMOR 26/G/2016/PTUN.PLK DAN PUTUSAN NOMOR 19/G/2019PTUN.PLK ]]>
<![CDATA[Arga Andhika Putra Wibawa]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.288
<![CDATA[The dismissal of civil servants can occur due to criminal acts committed due to criminal crime or crimes that have to do with their positions. But what happened was the judge's consideration practice, there was also a dismissal that reaped the controversy after the lawsuit in the administrative court was rejected as happened in the case of the decision number 19/G/2019/PTUN.PLK. As this case there there was a dispute between Piri Ahadi against Sukamara Regent with a lawsuit of dispute objects against Sukamara Regent Decree Number 888/50/BKD while in the previous case that occurred in the decision Number 26/G/PTUN.PLK with the object of the Sukamara Regent Decree Number 888/11/BKPP was found by the cancellation of the Decree and this was the main problem that arose in this study. First, the PTUN decision analysis in decision number 26/G/2016/PTUN.PLK and 19/G/2019/PTUN.Plk. Second, the analysis of judges' considerations between decision number 26/G/2016/PTUN.PLK and Decision Number 19/G/2019/PTUN.PLK This study uses the legislation approach method, conceptual approach, and case study approach]]>
<![CDATA[STUDI PERBANDINGAN KLAIM ATAS PEKERJAAN TAMBAH KURANG PADA FIDIC SILVER BOOK 2017 DAN HUKUM POSITIF DI INDONESIA ]]>
<![CDATA[Denisa Sugih Ayu]]>;
<![CDATA[Isis Ikhwansyah]]>;
<![CDATA[Purnama Trisnamansyah]]>
<![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 ]]>
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DOI: 10.53363/bureau.v3i1.290
<![CDATA[Contractors and Employers often experience additional or reduced work, especially on EPC Projects due to the complexity of the project. Based on this, the Contractor or Employer submits a claim for the addition or revocation of the work. In practice, Contractors often experience misery related to work together with the actions of dominant Employers because there are no rules in positive law in Indonesia. This raises signs of non-compliance which is reflected in practice with the FIDIC Silver Book 2017 guidelines. This study aims to see the conformity of the implementation of verbal added-less claims on the EPC Project with the construction contract requirements in the FIDIC Silver Book 2017 with Law Number 2 of 2017 concerning Construction Services jo. Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods/Services, as well as knowing the form of legal protection for Contractors in the event of claims for work overload at the EPC Project by linking Indonesia's Positive Law with the FIDIC Silver Book 2017. This study uses a research method that has a normative legal approach and a comparative legal approach to construction claim settlement agreements. The specification of the research is descriptive analysis by providing a detailed and systematic description. Based on the research results, it can be concluded two things. First, in the terms of the FIDIC Silver Book 2017 construction contract, claims for additional work must be made in writing and are not permitted in oral form, while Law Number 2 of 2017 concerning Construction Services jo. Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services does not stipulate additional or less verbal job requirements. Second, actions that can be taken to provide legal protection to Contractors listed in Article 20 of the FIDIC Silver Book 2017 which expressly provides for a claim process for additional or less work if the Contractors in this case has the right to an extension of time, settlement or additional payment, submitted within a maximum period of 28 days, whereas in Law Number 2 of 2017 concerning Construction Services jo. Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services does not provide a clear form of legal protection for Contractors]]>
