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Focus Journal Law Review
Published by UNIVERSITAS BALI DWIPA
ISSN : -     EISSN : 28297415     DOI : 10.62795
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Focus Journal Law Review (FJL) is a blind peer-reviewed journal dedicated to the publication of quality research results in the field of law. All publications in Focus Journal Law Review (FJL) are open access which allows articles to be freely available online without any subscription.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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The Essence of the Public Interest Principle in Petroleum Mining According to the Constitution I Gede Janitra Rad Winatha; Putri, Meliana
Focus Journal : Law Review Vol 4 No 2 (2024): Focus Journal Law Review Vol. 4 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i2.262

Abstract

Indonesia is a country that has abundant natural resources, but Indonesia faces challenges in regulating petroleum mining so that it can always improve people's welfare. Therefore, this research will focus on examining the actual role of the state in implementing the principle of public interest in the field of petroleum mining as mandated by the 1945 Constitution of the Republic of Indonesia. This principle of public interest is intended to ensure that petroleum resources are considered strategic. by the state can be managed for the greatest prosperity of the people so that it is in line with the objectives of the constitution, namely justice, expediency and legal certainty. To achieve this, the state must be able to provide parameters regarding the extent to which the regulation concerns the public interest so that it can be used as a guide in interpreting state control over natural resources and ensuring their utilization for the greatest prosperity of the people. stated in the law. constitution. This principle has actually been tested and enforced through various legal frameworks and Constitutional Court decisions, thereby further emphasizing the role of the state in prioritizing community welfare in petroleum mining activities.
The Honorary Board of Election Organizers (DKPP) as an Ethical Judicial Institution for Election Organizers Wein Arifin; A. Zarkasi; Sukamto Satoto
Focus Journal : Law Review Vol 4 No 2 (2024): Focus Journal Law Review Vol. 4 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i2.274

Abstract

The Honorary Board of Election Organizers (DKPP) is an election organizing body tasked with handling violations of the code of ethics of election organizers. DKPP is a state institution established by law. As a state institution that organizes elections, DKPP has the authority to examine, call, sanction and decide on violations of the code of ethics of election organizers. This authority is implemented through a judicial process such as in general courts, namely the process of examining reporting witnesses, reported witnesses, expert statements, validation of evidence, and reading of the verdict. The DKPP's decision is final and materially binding. The trial of violations of the code of ethics held by the DKPP and added to having the nature of a final and binding decision makes the DKPP in several judicial body decisions referred to as a quasi public court, while in the Constitutional Court decision the DKPP is interpreted as a single function of organizing the Election together with the KPU and Bawaslu, meaning that the DKPP is an election organizing institution.Based on this, this study formulates the problem formulation, namely how is the position and authority of the DKPP as a state institution that organizes elections that functions as a quasi public court? This research is a normative legal research whose nature is descriptive and from the perspective of its form is a prescriptive research. This research uses a legislative, conceptual, historical, conceptual, and comparative approach. The research results conclude that the DKPP is an election organizer in the form of an auxiliary state organ that is independent. The DKPP has the authority to enforce the code of ethics of election organizers which in character is almost the same as a general court. The DKPP's decision is final and materially binding. Based on this, the DKPP as a state institution that organizes elections can be called quasi ethical court of  public nature.
Analysis of Legal Protection for Consumers in Trading Through Electronic Systems Based on Minister of Trade Regulation Number 31 of 2023 I Made Rai Buda Tantra Yoga Suarsawan; I Nyoman Prabu Buana Rumiartha; Ni Putu Adhya Pradnyaswari
Focus Journal : Law Review Vol 4 No 2 (2024): Focus Journal Law Review Vol. 4 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i2.278

Abstract

Trading Through Electronic Systems (PMSE) is a type of trading that is different from conventional trading because it uses an electronic systems. With the rapid advancement of technology, PMSE continues to grow with the emergence of various types of electronic trading. The purpose of this research is to analyze the types of trading through electronic systems and the legal protection provided to consumers engaging in PMSE based on Minister of Trade Regulation Number 31 of 2023. The method used in this research is normative legal research. Normative research involves a literature review with a statutory approach. The results of this study identify various types of PMSE according to Minister of Trade Regulation Number 31 of 2023, as well as several forms of legal protection for consumers participating in PMSE. However, the legal protection offered under this regulation still refers to the Consumer Protection Act. This aspect requires updating, considering the diverse types and forms of PMSE that have emerged.
Corporate Crime Liability: Beyond Rule Reform on Indonesia Criminal Policy I Dewa Made Suartha; Jared Ivory
Focus Journal : Law Review Vol 4 No 2 (2024): Focus Journal Law Review Vol. 4 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i2.281

Abstract

The acceptance of the corporation as the subject of a criminal act, causing problems in the accountability of corporate criminal acts, because of the existence of vague norms that cause injustice and uncertainty in its application. In this study, there are two main problems, namely regulation of corporate criminal liability in criminal law in Indonesia and the prospect of criminal law on the liability of corporate criminal acts in Indonesia from the perspective of ius constituendum. The research method used is a normative legal research method with a statutory approach, comparison study and legal concepts analysis. The results of the study are: (1) As a vague norm in the regulation of corporations as the subject of criminal acts that can be accounted for in the Criminal Code and several laws outside the Criminal Code have regulated corporations as the subject of criminal acts that can be accounted for in criminal law, (2) The prospect of regulating corporate criminal liability in the 2019 Draft Criminal Code has completely and firmly regulated corporations as the subject of criminal acts and can be accounted for in criminal law and accepts absolute criminal liability and certain substitute criminal liability.
The Role of Local Wisdom in the Governance of Nunkurus Village Filmon Mikson Polin
Focus Journal : Law Review Vol 4 No 2 (2024): Focus Journal Law Review Vol. 4 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v4i2.282

Abstract

This research, entitled "The Role of Local Wisdom in the Governance of Nunkurus Village," addresses the issue of how local wisdom influences the governance of Nunkurus Village. The objective of this study is to ascertain the role of local wisdom in the governance of the village. The research employs an empirical legal study approach, utilizing both primary and secondary data sources. Data collection techniques include document studies and interviews, with data analysis conducted through descriptive qualitative methods. The findings reveal that local wisdom plays a dual role: for the community, it functions as an unwritten rule or law, while for the village government, it acts as a social norm regulating community behavior concerning livestock, and as a sociological/anthropological legal source in the formation of village regulations.
Coal Mining Company Responsibility for Environmental Damage in East Barito District, Central Kalimantan Dedy Dedy; Bambang S. Lautt; Tonich Tonich; Suriansyah Murhaini; Heriamariaty Heriamariaty
Focus Journal : Law Review Vol 5 No 1 (2025): Focus Journal Law Review Vol. 5 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i1.337

Abstract

Coal mining in Barito Timur Regency, Central Kalimantan, significantly contributes to the economy but also negatively impacts the environment. Mining activities have caused water pollution, landscape changes, land degradation, and disruptions to the surrounding communities. This study aims to analyze the accountability of coal mining companies for environmental damage based on criminal, civil, and administrative law aspects. The research employs a qualitative approach with a descriptive case study method. The findings indicate that regulations concerning corporate accountability are outlined in various legal frameworks, such as Law Number 32 of 2009 on Environmental Protection and Management and Law Number 3 of 2020 on Mineral and Coal Mining. Criminal liability allows companies and their management to be prosecuted for violations. Meanwhile, civil liability requires companies to compensate for damages and restore affected environments, while administrative liability includes sanctions such as warnings, fines, and business license revocations. Despite the existing regulations, law enforcement implementation remains weak due to insufficient supervision and corporate non-compliance. Therefore, enhanced government oversight and active community participation are necessary to ensure adherence to environmental regulations. With appropriate measures, a balance between resource exploitation and environmental preservation can be achieved, ensuring ecosystem sustainability and community well-being.
Expansion of Notary's Authority Extention in Organizing and Developing Cooperatives: Problems of Ambiguity of Norms and Their Solutions I Gede Abdhi Satrya Mahardika
Focus Journal : Law Review Vol 5 No 1 (2025): Focus Journal Law Review Vol. 5 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i1.352

Abstract

This research is based on the problem of vague norm regarding the expansion of notary authority in the administration and development of cooperatives. Research was conducted to find a solution to the problem by using relevant legal theories. This research is normative legal research that uses a statutory a conceptual approach. The results of the research showing that the expansion of notary authority in organizing and developing cooperatives leaves the problem of vague norm. The problem occurs because there were articles whose normative construction is not clear enough, resulting in vague norms. Furthermore, the problem of vague norms can be solved by using several relevant legal theories. These legal theories are the theory of legal certainty, the theory of authority, and the theory of obedience.
Legal Certainty of Fixed-Term Work Agreements for Tourism Workers I Gede Donny Mahendra; Styawati, Ni Komang Arini; Wiryani, Made
Focus Journal : Law Review Vol 5 No 1 (2025): Focus Journal Law Review Vol. 5 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i1.360

Abstract

The objectives to be achieved in this study are to analyze the legal certainty of fixed-term employment agreements (PKWT) for workers in the tourism sector. The method used is normative juridical through literature review. The problems are: 1. How is the legal certainty regarding changes in the status of fixed-term employment agreements for workers who have passed a work period of 5 (five) years, 2. What legal remedies can be taken by workers and labor unions who do not receive their rights. The results of this study indicate that Law No. 6 of 2023 and PP No. 35 of 2021 still do not comprehensively regulate the work period and work status of PKWT workers. The existence of the Constitutional Court Decision Number 168/PUU-XXI/2023, one of the decisions of which emphasizes that the PKWT work period is 5 (five) years, is still unable to provide legal certainty for PKWT workers in terms of work status, if there is a violation of the work period by the company. There needs to be an explicit legal regulation regarding the work status of PKWT if it has passed a work period of 5 (five) years. Some legal efforts that can be done when workers do not get their rights are First, dispute resolution carried out through non-litigation channels where in this mechanism there are four types of settlements, namely bipartite, mediation, conciliation and arbitration. Second, litigation channels where in this mechanism through the industrial relations court.
History of Land Tax: Old Tax Documents as a Reference for Land Registration and the Mechanism for Recording in the Letter C Book I Gede Yudi Arsawan; Ardani, Ni Ketut
Focus Journal : Law Review Vol 5 No 1 (2025): Focus Journal Law Review Vol. 5 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i1.362

Abstract

This article explores the historical role of old tax documents, particularly the Letter C Book, as crucial references in land registration processes in Indonesia. The background highlights the legal challenges in proving land ownership in areas where formal certificates are absent, emphasizing the significance of Letter C as a traditional land record maintained by village authorities. Using a normative legal research method, the study analyzes regulations and historical practices governing the use and recording of Letter C documents, focusing on their reliability and legal standing amid evolving land registration laws. The research finds that while old tax documents provide strong indications of land rights, the absence of formal certification necessitates urgent registration to secure legal ownership. Furthermore, the study identifies risks of forgery due to inconsistent record-keeping and recommends procedural reforms for validating Letter C entries. Ultimately, the article concludes that integrating old tax documents into formal land registration is essential for legal certainty and land tenure security.
Socialization of the Role of Paralegals in Meeting Legal Aid and Sustainable Development Goals (SDGs) in the field of Education I Wayan Parsa; Ayu Putu Laksmi Danyathi; I Gusti Ngurah Nangga Jaya Dininggrat; I Gede Janitra Rad Winatha; Thomas John Kenevan
Focus Journal : Law Review Vol 5 No 1 (2025): Focus Journal Law Review Vol. 5 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i1.370

Abstract

The socialization related to the role of paralegals in fulfilling legal assistance is very important to be applied, especially in rural areas, so that the community in the village can know and understand the role of paralegals in fulfilling legal assistance, and subsequently, the community in the village can access legal assistance from paralegals. In addition, the importance of socialization regarding the Sustainable Development Goals (SDGs) in the field of Education is that it will provide knowledge to the community in the village about the access to education that can be obtained. The research method used in this study is a research method that utilizes references from books and journals related to the socialization regarding the role of paralegals in fulfilling legal assistance and the socialization about the Sustainable Development Goals (SDGs) in the field of Education. The research findings indicate that the issues faced by the community in the village regarding access to Paralegals in fulfilling Legal Aid include the need for socialization of regulations related to the Role of Paralegals in fulfilling Legal Aid as stipulated in Law No. 16 of 2011 on Legal Aid & Regulation of the Minister of Law and Human Rights No. 3 of 2021 on Paralegals in Providing Legal Aid. Furthermore, the Sustainable Development Goals (SDGs) in the field of Education is quality education, aimed at ensuring equitable distribution of quality education and increasing learning opportunities for all. Thus, with knowledge and higher education, individuals will directly understand the regulations related to access to legal aid.

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