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Journal of Progressive Law and Legal Studies
Published by Riset Press International
ISSN : -     EISSN : 29869145     DOI : https://doi.org/10.59653/jplls
Core Subject : Humanities, Science, Education, Social,
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Progressive Law and Legal Studies (JPLLS) is an online bi-annual journal with a summer and winter edition. The Journal emphasises creating an open-access platform to research around socio-legal topics and promoting interdisciplinary research entailing the detailed study of law with other disciplines in the contemporary era. JPLLS maintains a high standard of quality as the manuscripts received at the JPLLS go through a blind double peer review and a plagiarism check where only the content with a plagiarism rate of below 20% is selected for final publication. All academicians, research scholars, lawyers, and law students can submit original manuscripts of articles, book reviews, case comments, and legislative comments relating to a recent development in law and legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 73 Documents
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Legal Protection of Creditors in Credit Agreements at Swastisari Kupang Credit Union Rade, Stefanus Don; Tae, Mericiana Yulita Fin; Asman, Firgilius Kandro Mego; Huler, Kalistus G. Wayong
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.81

Abstract

Credit Unions have an important role in improving the economy of the Indonesian people through joint efforts based on family principles, so cooperatives need to develop themselves further and be built to be strong and independent based on cooperative principles. In running its business, the suitable implements credit, a form of effort to process the capital owned from deposits and member donations, to achieve optimal results. A credit agreement is needed to avoid bad credit in the future as evidence of a contract between the creditor and the debtor. This is a reference to legal protection for the debtor. This research was conducted through the empirical juridical method using primary data sources, namely data obtained directly in the field. In terms of providing credit and collateral, there is often negligence by the debtor to the creditor. Hence, the creditor, in this case, the Swastisari Kupang Credit Cooperative, has a very interesting strategy as a reference for recovery, namely by checking loan files, surveys, credit analysis by applying the 5C principle, billing control by checking data periodically to find out the condition or condition of the borrowing member. In addition, the cooperative makes rescheduling, restructuring, and reconditioning to achieve mutual welfare based on the principle of kinship.
Comparative Analysis of Competition Authority Decisions Based on Mergers and Acquisitions in the Philippines, Malaysia, and Indonesia Asmah, Asmah
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.85

Abstract

In order to compare merger and acquisition decisions made by competition authorities in the Philippines, Malaysia, and Indonesia, this study will investigate each country's decisions. This study aims to pinpoint the variations in the strategies and practices used by competition authorities in the three nations and examine how they affect the preservation of healthy economic competition and the general welfare. The research involves gathering and studying merger and acquisition-related decisions made by competition authorities in the Philippines, Malaysia, and Indonesia. Differences in each nation's determination of the approval requirements, oversight procedures, and sanctions were discovered through this investigation. The findings demonstrate that there are differences between the strategies used by competition authorities in Indonesia, Malaysia, and the Philippines in relation to mergers and acquisitions. The applied threshold standards, sanctions policies, and legal interpretations vary. The results shed light on the initiatives taken by each nation to uphold fair competition and consumer protection.
Juridical Study on Abuse of Authority in Corruption Crimes: Analysis of Law No. 19 of 2019 concerning the Corruption Eradication Commission Saragih, Yasmirah Mandasari; Armanda, Wahyu; Novaisal, Ahmad
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.92

Abstract

Eradication of Corruption Crimes is a series of activities to prevent and eradicate the occurrence of criminal acts of corruption through efforts to coordinate, supervise, monitor, investigate, investigate, prosecute, examine before courts, with community participation in accordance with statutory provisions. Corruption is a criminal act which if violated will be sanctioned, traced from the point of view of life and appears as a bad cultural image of the Indonesian nation. Corruption crimes are all negative activities related to embezzlement of funds, bribery and all forms of gratuities that are contrary to law, norms and customs. Traditionally, people can say that Indonesia's identity is corruption. This image is not completely wrong. Because the reality of the complexity of corruption is felt to be not merely a legal issue, but actually a violation of economic and social rights that has an impact on the life of the nation. Talking about corruption will indeed find the fact that corruption involves moral aspects, traits and circumstances that are not good, positions in government agencies or apparatus, misappropriation of power or authority in office due to gifts, economic and political factors, as well as placement of families or groups into officialdom under the authority of the position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts as well as the placement of families or groups into officialdom under the authority of his position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts as well as the placement of families or groups into officialdom under the authority of his position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts.
Controversy of Adopted Children Status and Foster Father in the Marriage Process Based on Islamic Law Perspective Fauzi, Ahmad; Indrajaya, Darmawan Tia; Zikri, Ahmad; Zulfahmi, Zulfahmi; K, Hendri
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.100

Abstract

This paper seeks to explain the controversy regarding the status of adopted children and adoptive fathers in a marriage procession by using a normative juridical approach, it is concluded that the status and position of adopted children in the Islamic legal system does not break the kinship relationship between the adopted child and his biological parents so that the adoptive father does not become the guardian of his adopted child except through the mandate given by the child's biological parents. This study uses a normative approach and method, conducted by examining theoretical matters concerning Islamic legal norms and positive law. Primary sources are the Koran, hadith, Compilation of Islamic Law, and Marriage Laws. Secondary sources refer to the opinions of experts, as well as references related to the issues raised. The results of this study explain that the validity of the marriage guardian for adopted children is to remain with the lineage guardian if his whereabouts are still known and cannot be replaced by anyone except the lineage guardian is unknown, then the marriage guardian can be replaced by a judge's guardian. However, if in practice the adopted child is not known who the biological parents are, then the adopted daughter's marriage guardian is the adoptive father, or if the adoptive father receives a mandate from the child's biological father, then the marriage is valid as stated by al-Bahuti
Indigenous Land Boundary Dispute between Awi Clan and Afar Clan in the Abepura District, Jayapura City Palenewen, James Yoseph; Solossa, Marthinus
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.126

Abstract

Land border disputes often arise both in rural and urban areas with various problems related to customary land boundaries which can trigger clashes or conflicts between groups. Knowing the things that cause disputes in customary land boundary rights between the Awi and Afar clans and to find out the obstacles and obstacles faced in resolving customary land border disputes between the two groups. The approach used in research is empirical method, namely through field research or direct observation at research locations in order to obtain clarity about the object under study. The results of this research show that the dispute between the Awi clan (in Nafri village) and the Afar clan (in Enggros-Tobati village) occurred because the Afar clan put up a land claim flag on one of the red bridge road axles, but the Awi clan disagreed because they thought the land belonged to their group. Barriers and obstacles in resolving customary land border disputes between the Awi and Afar clans are only two factors, namely internal and external.
Child Trafficking Offence: Case Study of Surabaya District Court Decision No. 685/PID.SUS/2022/PN SBY Aini, Qurotu; Sodiqin, Ali; Yulianis, M Sifa Fauzi; Haniyah, Haniyah
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.135

Abstract

The emergence of various forms of manipulation and exploitation has resulted in rampant trafficking in persons, in which children are also trafficked. Basically, children as the next generation of the nation have a role in ensuring the continuity of the nation. Therefore, children need to get ample opportunities to grow and develop. This study was conducted with the aim of describing how legal protection of children as victims of trafficking in persons. The research method used in this study is normative legal research which is studied using a statutory approach (statute approach). The results of this study show that children are very vulnerable to becoming victims of child trafficking for the purpose of exploitation. The law relating to child trafficking has been in force and has binding legal force, but its enforcement has not been sufficient to provide a deterrent effect for perpetrators. In this case, children as victims should get legal protection which includes protection of their dignity, dignity, and fulfillment of their rights. However, in the criminal justice system, victims are often given less attention, in reality Indonesian law only focuses on punishing perpetrators and overrides the rights and protection of victims. Keywords: Child Trafficking.Exploitation. Legal Protection
Law Enforcement of Narcotics Abuse: Case Study of Investigation Process in Narcotics Criminal Acts in The Kolaka District National Narcotics Agency Basrawi, Basrawi; Sukri, Sukri; Eka Mayasari, Riezka
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.150

Abstract

Narcotics abuse recently has always increased, not only among adults but also among adolescents and children. The cause of this abuse consists of two factors, namely factor internal and external. Therefore, cases of drug abuse are increasing every year. This study was conducted with the aim to find out the form of law enforcement against narcotics abusers in the process of investigating narcotics crimes. The research method used in this study was normative juridical approach which is supported by empirical juridical by detailing the description and collecting primary data through interviews. The results of this study show that there are two forms of law enforcement against narcotics abusers, namely repressive law enforcement and rehabilitative law enforcement as regulated in Law Number 35 of 2009 concerning narcotics. Based on the interviews conducted, it is known that there are several obstacles in law enforcement on narcotics cases at the Kolaka National Narcotics Agency, namely the lack of personnel, the unresponsive community in providing information to investigators as the key to successful law enforcement and decreasing of operational costs in supporting facilities and infrastructure
Legal Protection of Bank Customer Regarding Bank Credit Agreements According to the Consumer Protection Law Sinambela, Hotman
Journal of Progressive Law and Legal Studies Том 1 № 03 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i03.235

Abstract

The main objective of the research is to find out, describe and analyze whether the standard clauses in Rural Bank credit agreements (BPR) reflect the credit agreement and do not conflict with the principles of freedom of contract and the principle of balance as well as the impact of implementing standard clauses in Rural Bank credit agreements and legal protection. against customers who are harmed by the application of the standard clause. The research results reveal that the application of standard clauses in BPR credit agreements has fulfilled the principles of freedom of contract, balance and the principle of consensualism because in their application they still open up room for negotiation with customers so that an agreement is reached. The impact of implementing the standard clauses of Rural Bank credit agreements on customers' rights as consumers is that customers do not have room to defend their rights or to file complaints due to the application of standard clauses which are detrimental or burdensome, especially with the "take it or leave it" analogy to the terms. - conditions determined by the bank, which include the bank's authority to unilaterally at any time without any reason and without prior notice terminate the credit withdrawal permit. In the case of sales of collateral whose credit is bad, the BPR has the authority to unilaterally determine the selling price of the collateral. Legal protection for customers who are harmed by the application of standard clauses in credit agreements is the customer or consumer. The customer can apply to the BPR according to the protection provided by Article 19 of the Consumer Protection Law
Effectiveness of Law Number 2 of 2002 Concerning Police Members Who Commit Alleged Violations or Criminal Acts in the Case of Ferdy Sambo Nuarsa, I Komang Gede; Paraniti, A.A. Sagung Poetri; Pidada, Ida Bagus Anggapurana
Journal of Progressive Law and Legal Studies Том 1 № 03 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i03.251

Abstract

The problems in this study are how the effectiveness of Law Number 2 of 2002 concerning the police for members who commit alleged violations or criminal acts and what are the obstacles in implementing Law Number 2 of 2002 concerning the police for members who commit alleged violations or criminal acts. The purpose of this research is to make a contribution, especially about the science of law so that function for know the effectiveness of Law Number 2 of 2002 concerning the police. This study uses a normative type of legal research, namely research by describing the facts examined and related to existing laws and regulations. The conclusion of this study is to find several violations or crimes that have been committed by the Indonesian police, including: Narcotics Abuse, Theft, and Discipline Violations. The effectiveness of Law Number 2 of 2002 concerning the Indonesian National Police in the case of premeditated murder involving Ferdy Sambo, et al helped to outline the parts that were violated such as Article 35 (1), Article 30 (1), Article 19 (1), and Article 23. General factors that affect the law enforcement process: Legal Factors, Law Enforcement Factors, Factors of Supporting Facilities or Facilities, Community Factors, and Cultural Factors.
Supervision and Law Enforcement Efforts on Food Products Unfit for Consumption Based on Law Number 18 of 2012 concerning Food Nurmala, Leni; Kodai, Dince Aisa; Ahmad, Ibrahim
Journal of Progressive Law and Legal Studies Том 1 № 03 (2023): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i03.312

Abstract

The problem in this research is how to monitor the circulation of products that are not suitable for consumption as a form of consumer protection for the public. The aim of this research is to provide knowledge to the public as consumers so that they are always careful and alert when consuming food products. The research method used in this writing is Normative Juridical research. A juridical approach that is based on existing legal regulations or legislation. The conclusion from this research is that there are still many food products circulating in the community that contain food preservatives, namely formaldehyde, borax and synthetic dyes Rhodamine B and Methanil Yelow, which are often used as textile dyes, food products that do not include production dates and expiration dates. With the circulation of products that are not suitable for consumption and can cause health problems, it is quite disturbing for the public, so to overcome this condition, the government must be able to carry out supervision and must impose sanctions on business actors who violate statutory provisions.

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