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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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Optimizing the Organization of Statistical Activities through the Revision of Law No. 16 of 1997 Concerning Statistics Yuliarto, Ramdhanul; Zeinudin, Moh.; Warka, Made
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.v1i03.333

Abstract

This research to find out and study how implementation of basic statistics carried out by the Central Statistics Agency based on Law Number 16 of 1997 concerning Statistics (Statistics Law); what are the obstacles in optimizing the implementation of basic statistics and how to overcome the obstacles in implementing basic statistics optimally through reform of the Statistics Law. This research is normative legal research with a legal political and legal sociology approach, which examines the Statistics Law as positive law in the administration of basic statistics and formulates legal substance that should be implemented in the future. The data source is secondary data consisting of primary legal materials and secondary legal materials. Data collection methods use library studies and interviews. Primary legal materials and secondary legal materials are analyzed using legal analysis methods. The deductive thinking process is used to draw conclusions. The theoretical basis used as an analytical tool in reviewing research results and discussions is the theory of legal effectiveness and public policy theory. The results of this research indicate that the implementation of basic statistical activities by BPS based on the Statistics Law is not running optimally because there are obstacles, such as: low public awareness of the importance and usefulness of statistics, the application of criminal sanctions for respondents that are not effective and statistical data in ministries/ Partial government institutions. These obstacles are fundamental and cannot be overcome casuistically but must be done with comprehensive and revolutionary efforts, so efforts to overcome them are by reforming the Statistics Law so that the implementation of basic statistical activities by BPS can run optimally. From this explanation it can be concluded that in order to obtain legal certainty for both BPS officers and respondents, an article is needed that guarantees legal certainty so that if respondents refuse, they can be given sanctions which of course must be regulated in the Law on Statistics. We as authors propose and suggest that the Government can immediately update the Statistics Law and correct the weaknesses we have mentioned above.
Implementation of the Principle of Accountability in the name Transfer Procedure of Property Rights Certificate at the Land Office Jayapura District Solossa, Marthinus; Pondayar, Yustus; Tanati, Daniel; Palenewen, James Yoseph
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.v1i03.356

Abstract

To ensure legal certainty, it is important to fulfill obligations during the process of changing the name on the title certificate at the Jayapura Regency Land Office. The aim of this research is to determine the application of the principle of Accountability in the process of changing the name of a property rights certificate at the Jayapura Regency Land Office and to identify the variables that cause this process to encounter obstacles. The research approach used is normative, meaning it refers to secondary legal materials such as books, articles, written regulations and other legal documents. The findings of this research indicate that the Jayapura Regency Land Office, in accordance with the Republic of Indonesia PERKABAN, has implemented the principle of accountability fully and correctly in the process of submitting title transfers for land ownership certificates. There are 2 (two) obstacles, both internal and external, in implementing land ownership rights at the Jayapura Regency Land Office. Internal obstacles include a lack of human resources and the large volume of applications that have been submitted to the Jayapura Regency Land Office. Meanwhile there are external challenges, such as the large number of heirs and tax arrears.
Implications of Case Resolution Mechanism Due to Press Coverage through Non-Litigation Channels Putra, Moch Rachmat Prawira Yudha; Rahayuningsih, Toetik
Journal of Progressive Law and Legal Studies Том 2 № 01 (2024): 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.v2i01.425

Abstract

Today's news development in the media is very rapid, both traditional and electronic. Following technological developments, people can receive news from media worldwide directly through various means such as television, radio, newspapers, and even the Internet. Therefore, as a democratic country, Indonesia must be able to fulfill its obligation to guarantee press freedom and encourage the press to serve the interests of the public in seeking information. The national press appears increasingly free and unlimited in today's information technology era. For example, news considered harmful by a particular person or group can cause friction between the press and the public, giving rise to disputes over the behavior of press operators and news considered detrimental by certain groups. All disputes can be resolved through arbitration procedures stipulated in Law No. 40 of 1999 (from now on referred to as the Press Law) through mediation through non-judicial channels. However, not all disputes resolved in such a way can satisfy the parties and create legal certainty.
Tiki Taka’s Strategy as an Effort to Prevent Copyright Infringement in Indonesia: E-Commerce Platforms on Digital Era Ashibly, Ashibly; Jimmy, Fulgensius
Journal of Progressive Law and Legal Studies Том 2 № 01 (2024): 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.v2i01.448

Abstract

The spread of the internet in social life means that there are more and more violations of creations, it is difficult to identify anyone who commits violations, and it is not easy to protect a creation in digital form. If these violations are not addressed, they can have a negative impact on the industry and creators. Violations of the economic rights of creators and copyright holders in the form of digital products/creations have been generally and openly bought and sold on e-commerce platforms in Indonesia without any real action being taken against products that violate the economic rights of creators or copyright holders of the platform the e-commerce. The aim of this research is to find out the tiki taka strategy in preventing copyright infringement in the digital era on e-commerce platforms in Indonesia. The type of research in this research is empirical legal research. Empirical legal research is "a legal research method that functions to see law in real terms and examine how law works in society." The results of the research and discussion are that in the tiki-taka strategy, creators or copyright holders are expected to be able to adapt quickly and make proactive movements. Apart from that, the tiki-taka strategy also teaches you to always be pro-active and try to defend your rights. So these rights must be maintained in order to achieve the desired goals.
Certainly of Divorce Laws in Different Countries Base on Indonesian International Civil Law Devi, Ria Sintha
Journal of Progressive Law and Legal Studies Том 2 № 01 (2024): 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.v2i01.496

Abstract

Recognition and implementation of the divorce decision. Therefore, a thorough understanding of the principles of private international law is essential to navigate these complex legal challenges. Principles such as lex loci celebrationis, lex domicilii, and the principle of recognition and enforcement of foreign judgments serve as guidelines in handling inter-country divorce cases. Court jurisdiction, the choice of applicable law, and the process of recognizing and implementing divorce decisions between countries are important focal points in legal settlements. International divorce, especially involving spouses of different nationalities, raises a number of complex issues. From determining jurisdiction to choosing the applicable law, every step in the divorce process requires careful consideration. In this context, several international treaties, such as the Convention on the Civil Aspects of International Divorce, provide a uniform legal framework for dealing with such divorce cases. In addition, the importance of recognizing and enforcing foreign divorce judgments in other jurisdictions is an important factor in preventing multiple divorces and providing legal certainty. This process involves coordination between countries to respect and recognize foreign court decisions. Protecting children's rights in interstate divorce is an important focus, with jurisdictional determination and appropriate application of the law to ensure the child's best interests are safeguarded. An in-depth understanding of international private law, especially in the context of divorce from different countries, is the key to ensuring justice and legal certainty for all parties involved. In handling inter-country divorce cases in Indonesia, especially those involving couples with different nationalities, it is important to pay attention to national legal regulations, applicable laws and regulations, and guidelines from relevant international conventions. The divorce process in Indonesia, as explained in Article 66 of the Marriage Law, must follow the applicable national laws and regulations. This research, using normative juridical methods, provides in-depth insight into how international private law is applied in inter-state divorce cases in Indonesia. By exploring the principles of private international law and examining expert views, this research discusses the legal complexities involving marriage between countries and contributes to further understanding of legal certainty in this context. Overall, interstate divorce opens up a broad discussion of private international law issues, including jurisdiction, choice of law, recognition, and protection of children's rights. With increasing human mobility and globalization, a deep understanding of the principles of international private law is becoming increasingly important in dealing with marriages and divorces from different countries.
Pursuit of Fairness: Human Rights and Social Justice in Indonesia's Legal Landscape Iristian, Yovan
Journal of Progressive Law and Legal Studies Том 2 № 01 (2024): 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.v2i01.530

Abstract

This study thoroughly examines how human rights protection and the pursuit of justice intersect within the framework of Indonesia. Considering the nature of society, this research critically analyzes the complex challenges that hinder equal rights for all citizens. The focus is on exploring the mechanisms embedded in the Indonesian system that aim to safeguard and advocate for fairness. This study delves deeply into addressing and rectifying social justice issues within this context. Using a methodology that combines analysis with empirical research, this research uncovers the intricate complexities and contradictions in the legal landscape. Tracing the evolution of jurisprudence and legislative efforts sheds light on milestones and obstacles toward fairness and equity. The objective of this research is to contribute insights to discussions regarding human rights and social justice offering a nuanced understanding of both challenges faced and advancements made within Indonesia's legal system. Ultimately it aspires to provide recommendations to policymakers, legal professionals, and stakeholders to create an environment that unwaveringly upholds human rights while fostering social justice for all segments of Indonesian society.
Removal of Infected Muslim Body Covid-1 According to MUI Fatwa No. 18 Years 2020 Fakhrurazi, Fakhrurazi; Marshinta, Adlia; Aulia, Hasanah; Gula, Rajiv Nazry Faizullah Sina; Setiawan, Wawan; Rosfiani, Okta
Journal of Progressive Law and Legal Studies Том 2 № 01 (2024): 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.v2i01.569

Abstract

As a result of the COVID-19 pandemic, infected individuals have spread far and fatally affected a significant number of people. Indonesia is fearful and nervous about getting COVID-19. Even when COVID-19 patients have passed away, the virus can still spread to others who come into contact with a dead body. The qualitative, statutory, and normative research approach used to write this thesis is library research (library research) based on secondary sources. A qualitative investigation was carried out on the numerous documentary studies that have been done, which were done by looking through and perusing a variety of literature. Qualitative data is descriptive in nature, meaning it is gathered using words rather than statistics. The study's findings indicate that managing Muslim bodies infected with Covid-19 differs from handling corpses in general and calls for specific handling in accordance with MUI fatwa no. 18 of 2020 for managing the bodies of Muslims infected with Covid-19, in order to prevent infection of the general public and law enforcement personnel performing their duties.
Natural Resource Management Principles and the Role of Law in Realizing Good Development Governance Nugraha, Satriya
Journal of Progressive Law and Legal Studies Том 2 № 01 (2024): 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.v2i01.575

Abstract

The impact is that development will result in environmental destruction or pollution of the environment; it can be understood that, in fact, development is a disturbance or problematic natural and environmental balance. The research aims to discover the principles of natural resource management and the role of law in realizing good development governance. This paper used research with normative-empirical legal methods by looking at what happens in cases or facts that exist in the principles of natural resource management and the role of law in realizing good development governance. In essence, development in its implementation must be balanced with using natural resources that can impact the environment. Natural resources can have an impact on the environment itself in the prevention of damage to reduce the level of environmental damage. Prevention of damage To reduce environmental damage, it is necessary to implement development that pays attention to protection and environmental management. There must be support and publicity for the environmental law system. The first is the need for ease of natural resource management (stakeholders) to be fair to the community, and the second is the need for ease of natural resource management (stakeholders). To be fair to the community, secondly, there is a need for legal relaxation through a structure to weaken criminalization by criminalization actions using an early filtering system and increase the independence of the law guardians' profession through the prioritization of the ultimum remedium principle, and then the third is to continue to see a law-aware society, especially stakeholders in the sustainable use of natural resources remain sovereign for food and energy independence and continue to grow.
Settlement of Credit Problems in Four Wheel Motorized Vehicle Financing Agreements at PT. BCA Finance Jayapura Branch Pelupessy, Eddy
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.v1i03.627

Abstract

This research was conducted with the aim of finding out and analyzing the resolution of problem loans in four-wheeled motor vehicle financing agreements at BCA Finance Jayapura Branch as a Financing Institution for consumers and obstacles in resolving problematic credit in four-wheeled motorized vehicle financing agreements at BCA Finance Jayapura Branch as a Financing Institution to consumers. This research method is a type of empirical research, observation/survey. Observational/survey research is included in the category of observational research using a survey method, namely: the researcher directly conducts research at a predetermined location by observing and using interviews to obtain/obtain the necessary data. The results of the research reveal that the resolution of bad credit or problem credit taken by BCA Finance Jayapura Branch is generally carried out by internal settlement first through the Service Department and the Problem Account Officer (PAO) Department using deliberation and consensus. Therefore, the pattern of preventing the occurrence of problematic or potentially bad credit in distributing credit financing facilities by financial institutions to consumers must pay attention to the principle of prudence (doctrine of prudence) such as basic principles: character, capacity, capital, collateral, condition of economic, and it is necessary to carry out checks and balances and immediate checks on the validity and authenticity of the documents that are relied upon. So that it doesn't happen that financing institutions only pursue consumer quantity targets and then ignore matters relating to consumer quality, security of the parties and creditworthiness.
Authority of Surabaya City Government regarding Amending Fund Budget of Village Yuliana, Fitri; Sesung, Rusdianto
Journal of Progressive Law and Legal Studies Том 2 № 02 (2024): 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.v2i02.629

Abstract

The village is part of the Sub-district formed by Regency / City Regional Regulation led by a head called Head of Village as a Sub-district apparatus responsible to the District Head. The Head of Village is appointed by the Regent/Mayor on the proposal of the Regional Secretary and Civil Servants who meet the requirements by the provisions of the Laws and Regulations which assist the duties of the Sub-District Head in carrying out village government activities, carrying out community empowerment, implementing community services, maintaining public peace and order, and so on. The limits of the Surabaya City Government's authority in making changes to the Fund Budget of Village must be by Government Regulation Number 17 of 2018 Article 30 where changes to the Fund Budget of Village are not less than 5% of the Regional Revenue and Expenditure Budget after deducting the Special Allocation Fund. In addition, the determination and management of the Fund Budget of Village must be transparent, including when the Surabaya City Government makes changes, they must still be based on Government Regulation Number 17 of 2018 and Law Number 1 of 2022, wherein Law Number 1 of 2022 Article 173a states that the Government can require Regions to prioritize the use of budget allocations for specific activities (refocusing), changes in allocations, and changes in the use of the APBD, and the Government can adjust the maximum amount of the APBD deficit and Regional Debt Financing. Legal conformity in managing the Fund Budget of the Village has been stated in Law Number 23 of 2014, Article 1, Paragraph 47, and Law Number 130 of 2018, Article 1, Paragraph 8. Other legal conformity in managing the Fund Budget of Village is also stated in Government Regulation Number 17 of 2018 Article 30, Paragraphs 6 and 7, and in Law Number 1 of 2022 Article 1, Paragraph 75.

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