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INDONESIA
INSPIRING LAW JOURNAL
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : 30251958     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Criminal Law, administrative law, Custom law, legal philosophy, sociology of law, Socio-legal studies, Constitutional Law, International Law, Agrarian Law, Environmental Law, Private Law, Criminal Procedural Law, Islamic Law, Administrative Law, Commercial Law, and Human Rights Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Search results for , issue "Vol 2, No 1: Januari - Juni" : 21 Documents clear
THE PRINCIPLE OF GOOD FAITH IN COLLECTIVE WORKING AGREEMENTS BETWEEN EMPLOYERS AND WORKER UNIONS REVIEWED FROM AGREEMENT LAW Safrida, Safrida; Kamello, Tan; Purba, Hasim; Sembiring, Rosnidar
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Abstract

The principle of good faith is an important principle in contract law and is accepted in various legal systems, but until now the doctrine of good faith is still controversial. Good faith is known as 2 (two) phases, namely the pre-contract phase and the contract implementation phase. The pre-contract phase is called subjective good faith, which means good faith is more directed towards honesty, while good faith in the contract implementation phase is called objective good faith, which means good faith is interpreted as appropriateness and propriety or fairness. A work agreement is an agreement between a worker/laborer and an entrepreneur or employer which contains work conditions, rights and obligations for the parties. The definition of work conditions is the rights and obligations of employers and workers that have not been regulated in statutory regulations. The work agreement made must not conflict with existing labor agreements or Collective Work Agreements (KKB). This research uses a type of normative legal research sourced from secondary data related to the research topic, secondary data that has been compiled systematically and then analyzed qualitatively. From the research conducted, it was found that the position of the principle of good faith is very important not only at the contract creation (signing) stage and post-contract creation (implementation) stage, but also must exist at the pre-contract creation (drafting) stage because in contract law practice judges use their authority to interfere with the contents of the contract. The legal consequence of a collective work agreement that does not contain the principle of good faith is that if the subjective requirements relating to the subject of the PKB are incomplete, or in other words the conditions that must be fulfilled are not appropriate for those who want to make a PKB, then the PKB that has been made can be requested for cancellation by the trade union/labour union. If the cancellation is not requested by both parties concerned, then the CLA remains valid for the parties. The first legal effort was carried out by PT. United Rope with workers/labor unions is by deliberation to reach a consensus first, although in resolving disputes if there is no good faith in the collective work agreement, it is through 2 (two) systems, namely first, non-litigation/outside the industrial relations court, namely resolution by means of bipartite, mediation, conciliation and arbitration, while the second solution is litigation
LEGAL PROTECTION OF HOLDERS MINORITY SHARES REVIEWED FROM ASPECT EASE OF DOING BUSINESS Priyogo, Kukuh
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Generally, minority shareholders do not have great access to immediate information about the company in which they invest their capital. The purpose of this research is to determine the legal regulations for legal protection for minority investors according to Law Number 40 of 2007 concerning Limited Liability Companies and Ease of Doing Business (EODB), forms of investment crime involving minority shareholders and legal protection for minority shareholders if their rights are violated in a civil manner. The type and research approach used is normative juridical legal research with a case study approach and descriptive research nature, which uses Islamic legal data and secondary data as well as supporting interview data to strengthen the researcher's case study. Then, the data is processed using qualitative analysis. Based on the results of the research, first, the legal regulation of legal protection for minority investors according to Law Number 40 of 2007 concerning Limited Liability Companies regulates the authority of shareholders in filing a lawsuit against the company if they are harmed. There are at least 5 (five) authorities in demanding the rights of minority shareholders. that can be done. Second, the legal factors that minority shareholders do not fulfill are that many minority shareholders do not know about their rights in a Limited Liability Company. there is consumer ignorance and asymmetric information, minority shareholders do not want to file lawsuits and there is lack of clarity in the field and orientation of implementing the protection of minority shareholder rights. Third, legal protection for minority shareholders if their rights are violated in a civil manner, namely that minority shareholders are given the opportunity to file 2 (two) types of lawsuits, namely a direct lawsuit and a derivative lawsuit
CRIMINAL LAW POLICIES IN THE USE OF MEDICAL MARIJUANA REVIEWED FROM INTERNATIONAL LAW (STUDI PUTUSAN 111/PID.SUS/2017/PN SANGGAU) Telaumbanua, Brian Christian; Mulyadi, Mahmud; Leviza, Jelly; Marlina, Marlina
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Marijuana, which is included in the class I narcotics category, has problems regarding the legality of its use in the medical field. These narcotics are often hampered by regulations, state policies and institutions authorized to supervise and distribute them. This research is aimed at analyzing national and international legal policies regarding the use of medical marijuana for health services. The aim of narcotics law policy in the crime of class I narcotics abuse against other people is for the health and legal analysis of a civil servant in Decision Number: 111/Pid.Sus/2017/PN. Sanggau. This research uses a normative juridical research method which is descriptive analytical in nature using primary, secondary and tertiary legal materials collected using library study techniques and analyzed using qualitative data analysis methods. The results of the research show that the legality of marijuana use in the medical sector does not have a definite equation due to Law Number 35 of 2009 concerning narcotics prohibiting the use of marijuana in the health sector, however Law Number 36 of 2009 concerning health provides space for recommendations and supervision and results in he was not given a permit to use marijuana in decision Number 111/Pid.sus/2017/PN. Sanggau. International legal policy in the Single Convention on Narcotic Drugs in 1961 provides opportunities for the creation of marijuana use in the medical field with clear research
JURIDICAL ANALYSIS OF THE IMPLEMENTATION OF TICKET FINE SANCTIONS IN ELECTRONIC TRAFFIC LAW ENFORCEMENT (E-TLE) AGAINST TRAFFIC VIOLators ACCORDING TO THE LAW LAW NUMBER 22 OF 2009 CONCERNING TRAFFIC AND ROAD TRANSPORT (IN THE JURISDICTION REGIONAL POLICE OF NORTH SUMATRA) Rosy, Deuis Rina
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Abstract

Electronic Trafficking Law Enforcement (ETLE) is an electronic system for monitoring traffic law enforcement which takes the form of ETLE Implementation itself, generally designed with the provisions of Law Number 22 of 2009 regarding Lailu Liintais and Aingkutain Jailain, including other enforcement agencies ETLE reaches the limit with this goal but still no success effective. Maikai dairii is necessary to research regarding the maisailaihain. This thesis is entitled "Ainailiisiis Yuriidiis Pelaiksainaiain Sainksii Dendai Tiilaing paidai Electronic Traiffiic Laiw Enforcement (ETLE) terhaidaip Pelainggaair Lailu Liintais According to Undaing-Undaing Number 22 Taihun 2009 regarding Lailu Liintais dain Aingkutain Jailain (in the Law of Diitlaintais Poldai Sumai terai Utairai)”. The method used in writing this thesis is the empiric jurisprudence research method, namely the method that focuses on the working of the laws of Maisyairaikait. The writing of this research was obtained from the source of the study, namely the study of research using the online questionnaire method which was given to the public and supported by regulations and legal matters relating to the writing of this research. The ainailiisai daitai method which is used in the ainailiais method which is obtained from the haisiil waiwaincairai using the Diitlaintais Poldai Sumaiterai Utairai method. The results of the research found that the results of ETLE's achievements to this extent have not yet been effective in terms of the results of the implementation, both internal and external, some of the results that have occurred, namely sairainai and praisairainai factors, government factors aihaimain source daiyai mainusiiai dailaim hail inii piihaik poliisiiain, faiktor cuaicai dain faiktor maisyairaikait. These haimbaitains are limited because the government has not yet achieved synergy and governmental powers, and the police have not yet achieved success. Apart from that, there are other solutions that can be differentiated into other non-compliance solutions
Application of Technological Innovation in the Agricultural Sector to Promote Food in Indonesia JA, Sudarma
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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The main problems faced in agricultural development are low productivity on a micro scale, total production on a macro scale, and the welfare of agricultural business actors themselves. In the short term, agricultural development aims to increase growth, but in the long term, the aim of agricultural development aims to provide price stability for business actors. In general, the direction of agricultural policy is to provide certainty for business continuity, both in the short and long term. The study was carried out using secondary data which was analyzed qualitatively using the Desk Research Method. The literature materials used in writing this research are several references originating from the results of research, studies and reviews of several papers which are then summarized into a work of scientific writing. That the type of agricultural technology innovation developed or implemented by farmers depends on the agrosystem conditions of the local area. There is a relationship between the application or adoption of agricultural technology innovation and the level of resilience of farming households. Farmers who more intensively implement technological innovation based on innovative agricultural business systems have a better level of food security compared to farmers who do not implement technological innovation based on innovative agricultural business systems
Legal Efforts To Prevent And Eradicate Land Mafia Permatasari, Meta
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Land mafias from time to time always study the actions they take to avoid land disputes with conflicts that in reality always violate the law. One of the things they apply is that the action must be carried out by a group of people in a structured, scheduled and carried out with great care. Land mafias also study how to trick victims who will be their targets later. The position of the Anti-Land Mafia Task Force based on the Technical Instructions of the Directorate General for Handling Agrarian Problems and Utilization of Space and Land Number: 01/JUKNIS/DJ-VII/2018 concerning the Prevention and Eradication of Land Mafia, its position is at 2 (two) different levels, namely first, the ministerial level which is appointed and determined based on the decision of the Minister of ATR/BPN and second, the regional office level, which is determined and appointed based on the decision of the Head of the Provincial BPN Regional Office. The Anti-Land Mafia Task Force only plays a role in implementing research, collection, study and analysis of land case data that are suspected of involving land mafia and can only coordinate it with other agencies and delegate the results of handling land cases that are suspected of involving land mafia to the police
Legal Policy On Imposing Sanctions On Corruption Crimes In Indonesia Purnama, Chandra
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Corruption is currently one of the many major challenges that must be faced by the Indonesian nation. To some extent, corruption not only threatens the environment, human rights, democratic institutions and basic rights and freedoms, but also hinders development and exacerbates poverty. Based on the results of the study, it is known that; The legal regulation of corruption in Indonesia is regulated in Law No. 31 of 1999 as amended by Law No. 20 of 2001. In addition to imprisonment and fines, this law also regulates additional sanctions such as revocation of political rights and confiscation of assets. Additional sanctions aim to provide a deterrent effect, but their implementation is still hampered by inconsistent law enforcement and the difficulty of returning assets. The policy of sanctions for corruption crimes in Indonesia aims to provide a deterrent effect through principal and additional penalties, such as revocation of political rights and confiscation of assets
Land Bank For Land Management And Distribution For The Advancement Of Economic Development Meliala, May Susan
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Based on the Research Results That Hermeneutic Philosophy provides a philosophical basis (ontological and epistemological) for legal science, or the philosophy of science from legal science. Because, in implementing legal science to solve a legal problem, for example in court, the interpretation activity is not only carried out on the legal text, but also on the reality that gives rise to the relevant legal problem (for example, determining relevant facts and their legal meaning). The development of legal science is based on the activity of interpreting legal texts to distill or extract legal rules that (implicitly) exist in the legal text and thereby determine the meaning and area of application. The legal product produced in this case is the formation of a land bank through Law Number 11 of 2020 concerning Job Creation with the aim of managing and distributing land in Indonesia to create comprehensive and fair economic development progress. Based on Article 125 of Law Number 11 of 2020 concerning Job Creation, the Central Government forms a land bank agency. The land bank agency as referred to in paragraph (1) is a special agency that manages land. The wealth of the land bank agency is separated state wealth. The land bank agency functions to carry out planning, acquisition, procurement, management, utilization and distribution of land. The land bank agency guarantees the availability of land in the context of a just economy for the public interest, social interests, national development interests, economic equality, land consolidation and agrarian reform
Account Trading As A Form Of Money Laundering Ritonga, Arifin Said
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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In practice, buying and selling bank accounts is often used to hide or disguise the origin of funds that are the result of criminal acts, thus obscuring the financial trail and complicating law enforcement efforts. In cases of money laundering, buying and selling bank accounts can be categorized as active and passive money laundering. The party selling the account can be categorized as a passive money launderer because the perpetrator receives or controls assets that are the result of criminal acts. Conversely, the party buying the account can be categorized as an active money launderer because the perpetrator takes active actions such as placing, transferring, spending, or disguising the origin of assets that are the result of criminal acts. Due to the rampant buying and selling of accounts, the OJK has ordered banks to block a number of accounts used in illegal activities, fraudulent transfers by pretending to buy and sell goods, including online gambling. This refers to several provisions in Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. However, the absence of regulations on penalties and prohibitions regarding the practice of buying and selling accounts in the TPPU Law makes it difficult to impose criminal liability on the perpetrators. Because the principle of legality in criminal law stipulates that a crime cannot be punished except based on the principle of legality, the criminal provisions of the law that existed before the crime was committed. Thus, there needs to be a provision or change to the rules that can accommodate the sale and purchase of this account. The practice of buying and selling bank accounts has not been clearly and in detail regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Corruption
Legal Protection For Trademark Owners Kartika, Nana
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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According to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, to obtain rights to a trademark, the trademark must be registered with the Directorate of Trademarks of the Ministry of Law and Human Rights of the Republic of Indonesia according to the constitutive system. Indonesia adopts a first to file system, namely where the first party to submit an application for trademark registration gets priority to first register the trademark rights, then will get exclusive rights to their trademark and receive legal protection. So this provision is different from the norm adopted in Law Number 28 of 2014 concerning Copyright which adopts the principle of first to use. Exclusive rights can be defined as the right to "provide protection guarantees to the owner of the trademark and is the sole owner who has the right to use and use and prohibit anyone from having and using it

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