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Rianda Dirkareshza
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INDONESIA
Journal Social Sciences and Humanioran Review
Published by Zhata Institut
ISSN : 30326176     EISSN : 30325846     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Its scope covers a wide range of topics in the social sciences and humanities, including but not limited to law, politics, communication, sociology, psychology, anthropology, history, literature, art, linguistics, education, and others. The journal is published every January, April, June, September and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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ENFORCEMENT OF THE LAW OF THE SEA AND THE ROLE OF THE NAVY IN ENSURING INDONESIA'S SOVEREIGNTY IN THE EXCLUSIVE ECONOMIC ZONE (ZEE) Danardono; Manggala, Bayu Suryadi; Tampubolon, Vernandito Sudharta Raftua; Siregar, Adhito Martogi Natanael; Triadi, Irwan
Journal Social Sciences and Humanioran Review Vol. 1 No. 03 (2024): MAY
Publisher : Zhata Institut

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Abstract

As the largest archipelago with vast marine territory, Indonesia bears great responsibility in maintaining maritime security and sovereignty. The challenges faced include transnational crimes such as illegal fishing, smuggling of goods and drugs, as well as the threat of terrorism and piracy. Therefore, the national defence and security system, especially at sea, must be a priority. The Navy has a major role in maintaining territorial integrity, enforcing the law, and protecting the country from various threats. This research uses the normative juridical method, which examines the existence of jurisdictional law by adopting a historical perspective and involving various sources such as journal articles and legal commentaries. To maintain the sovereignty and security of territorial waters, Indonesia needs a strong maritime defence system. Law enforcement in the Zona Ekonomi Eksklusif (ZEE) is crucial to maintaining sovereignty over Indonesia's marine natural resources. This research aims to examine Indonesia's great responsibility in maintaining maritime security and sovereignty as the largest archipelago and analyse the main role of the Indonesian Navy in maintaining territorial integrity and enforcing the law in Indonesian waters.
LEGAL REVIEW OF THE POSITION OF THE REGULATION OF THE HEAD OF THE CAPITAL CITY AUTHORITY OF NUSANTARA AS LOCAL LEGAL PRODUCT: TINJAUAN YURIDIS TERHADAP KEDUDUKAN PERATURAN KEPALA OTORITA IBU KOTA NUSANTARA SEBAGAI PRODUK HUKUM DAERAH Ahmad Reihan Thoriq; Mohammad Akmal Taris Hakim
Journal Social Sciences and Humanioran Review Vol. 1 No. 03 (2024): MAY
Publisher : Zhata Institut

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Abstract

The relocation of the National Capital from Jakarta to Kalimantan has sparked various public discussions, particularly concerning the constitutionality of the Nusantara Capital City Authority (IKN) system, where the term "authority" is not explicitly mentioned in the 1945 Constitution. Furthermore, provisions in the IKN Law stating that the Head of the IKN Authority is equivalent to a minister have also raised ambiguity regarding the position of the Head of the IKN Authority and the status of the legal regulations issued. This study aims to address these issues. The research methodology employed is normative juridical with a legislative approach. The findings indicate that the IKN system and the position of the Head of the IKN Authority align with Article 18B paragraph (1) of the 1945 Constitution, which recognizes the specificity of regions. The Head of the IKN Authority is appointed directly by the President after consultation with the DPR, in accordance with the constitution, which does not require direct election by the people. Regulations issued by the Head of the IKN Authority retain the status of local regulations, without requiring approval from the Regional Representative Council (DPRD).
Analisis Kasus Persekongkolan Tender dalam Pelanggaran Undang-Undang Nomor 5 Tahun 1999 Tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat Yacub, Tifanny Nur
Journal Social Sciences and Humanioran Review Vol. 1 No. 03 (2024): MAY
Publisher : Zhata Institut

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Abstract

In Indonesia, rampant bid rigging has hindered economic growth. This study investigates business competition in Indonesia with a particular emphasis on bid rigging and the implementation of Law No. 5/1999 which prohibits monopolistic practices and unfair business competition. The issue raised is how effective law enforcement and supervision are against the practice of bid rigging. Normative or doctrinal research is conducted using statutory and conceptual approaches. The relevant laws and regulations and literature were studied before data was collected. The results show that tender rigging still occurs, especially in the procurement of goods and services by companies, although Law No. 5 Year 1999 establishes a legal framework to prevent monopolistic practices and unfair business competition. One of the solutions offered is to improve supervision through adequate infrastructure; stricter sanctions; raising awareness of the importance of fair business competition; and increasing the transparency of the tender process through e-procurement. This study concludes that to create a healthy working environment, concrete and integrated actions are needed. It is recommended that relevant agencies work better together and that there is consistent law enforcement.
ANALYSIS OF THE IMPLEMENTATION OF ABANDONED LAND CONTROL IN BEKASI REGENCY Yayas Nabila Faraz Yuliansari; Yayas Nabila Faras Yuliansari
Journal Social Sciences and Humanioran Review Vol. 1 No. 03 (2024): MAY
Publisher : Zhata Institut

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Abstract

Land rights must be protected by the state and society. Land rights must be registered in order to provide legal certainty for rights holders. However, in practice there are many lands that are registered but not used according to their designation. Not utilizing the land in accordance with the designation which makes abandoned land cause losses not only to rights holders, but also to the loss of the community and the state. The method in this study is juridical Normative. The results of this study are that soil has an important role in development dynamics. The importance of the role of land in having a legal relationship with its rights holders. Land that already has rights must be allocated as it should. The amount of land that is registered but not used according to its designation. Almost all of the land that is indicated to be abandoned exists in various provinces and districts/cities throughout Indonesia.
PROTECTION FOR CONSUMERS AGAINST BUSINESS PEOPLE WHO TRADE UNNOTIFIED BOOSTERS FROM PACKAGED SKINCARE VIA E-COMMERCE Nur Afni Ismawati
Journal Social Sciences and Humanioran Review Vol. 1 No. 03 (2024): MAY
Publisher : Zhata Institut

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Abstract

Business actors use internet media as a new transaction system known as e-commerce (electronic transactions). In practice, there are many problems that harm consumers as a result of using buying and selling transactions via e-commerce, one of which is the circulation of cosmetic (skincare) products without BPOM notification. The problem raised in this research is how to protect consumers against business actors who buy and sell boosters without BPOM notification from packaged skincare via e-commerce. The research method in this study uses a normative juridical approach as a legal research carried out by examining library materials or secondary data. The research results obtained show that consumer protection is carried out by forming a special team, namely cyber patrol, using an application or by means of barcodes, skincare products are distributed that have notification labels from BPOM. This form of consumer protection from e-commerce is done by providing reporting facilities, selecting sellers and providing guarantees.
APPLICATION OF CHOICE OF LAW IN JOINT VENTURE AGREEMENT DISPUTES BASED ON POSITIVE LAW IN INDONESIA Khairany Azahra; Achmad Rafi Al Khalish; Hawila Winona L; Rizki; Rousseau Jordan A; Estri Dewangga C J; Safarah Yardha
Journal Social Sciences and Humanioran Review Vol. 1 No. 04 (2024): JULY
Publisher : Zhata Institut

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Abstract

A joint venture is one type of cooperation that is currently often carried out by companies. This term has been quite popular in recent years, along with the emergence of more startups and the scope as well. The agreement that forms the basis for the formation of a joint venture company is the joint venture agreement and articles of association. A joint venture agreement is an agreement between prospective shareholders of a joint venture company that is subject to the law of contract. Joint ventures are not only limited to the joint efforts of small companies, there are also joint ventures whose members are large-scale companies even from abroad, and the formation of a contract is based on applicable law. In the context of an international scale, an international contract is needed which is a contract in which there is a foreign element. What makes international contracts unique is the emergence of the main element called the element of freedom of the parties to make a choice of law. The choice of law against a national law of a particular country does not mean that the judicial body of that country is automatically authorized to resolve the dispute, but the implication of the choice of law on the resolution of disputes between international joint ventures is based on this choice, it is known which institutions and laws are used and have the authority to examine and adjudicate disputes arising from an international business contract to provide legal certainty.
LICENSING ASPECTS TO ATTRACT FOREIGN INVESTMENT IN LAW NUMBER 11 OF 2020 CONCERNING JOB CREATION Astri Astari
Journal Social Sciences and Humanioran Review Vol. 1 No. 04 (2024): JULY
Publisher : Zhata Institut

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Abstract

Foreign Direct Investment as part of economic activity that plays an important role in the life of the nation has encountered obstacles in its implementation practice, especially related to licensing regulations. Licensing bureaucracy which is considered complicated is one of the reasons why (foreign) investors are reluctant to invest in Indonesia. With these problems, the government issued the Job Creation Act as one of the solutions. This study seeks to discuss the application of the Job Creation Act to resolve licensing regulatory issues and their implications for foreign investment. The method used is normative juridical with sources on primary, secondary, and tertiary legal research materials. In this review, it is found that with the implementation of the Job Creation Law, efforts have also been made to reform licensing regulations, as well as their implications for aspects of licensing regulations that facilitate investment in Indonesia.
TAX INCENTIVE ARRANGEMENT FOR JOINT VENTURE COMPANIES POST-CIPTAKER IN THE CASE OF PT KCIC Melinda Oktaviani
Journal Social Sciences and Humanioran Review Vol. 1 No. 04 (2024): JULY
Publisher : Zhata Institut

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Abstract

A Joint Venture Contract is a commercial activity carried out by two or more parties through an institution formed to carry out a common goal. One form of the Joint Venture in Indonesia is the Jakarta and Bandung High Speed Rail Project which involves a joint venture between a consortium of SOEs through PT Pilar Sinergi BUMN Indonesia (PSBI) and China Railway International Co. Ltd. Consortium. The purpose of this paper is to find out the arrangements related to post-Ciptaker Joint Venture tax incentives in the case of PT. KCIC. This research was conducted using a normative juridical approach based on a collection of relevant documents and literature studies that had been processed and put together. The results of this study indicate that PT KCIC cannot be subject to Income Tax because it is based on the provisions of Presidential Regulation Number 3 of 2016 concerning Acceleration of Implementation of National Strategic Projects and Article 111 of Law Number 11 of 2020 concerning Job Creation which adds Article 2 paragraph (3) letter b in The Income Tax Law is a form of eliminating income tax on dividends from within the country.
THE ROLE OF DOMESTIC INVESTMENT (DI) AND BUSINESS, MICRO, SMALL AND MEDIUM (MSMEs) IN INVESTMENT IN INDONESIA Graceya Iranita Tarigan; widia; Alivia Putri Aina; Chyntia; Nathaniela Putri Arumdhani; Luna Diana Puteri
Journal Social Sciences and Humanioran Review Vol. 1 No. 04 (2024): JULY
Publisher : Zhata Institut

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Abstract

One indicator of a country's national development is its economic growth. Economic development is an indicator to find out how successful a country's economic development is and also as a determinant of development policies that will be formed next. Economic growth and development aim to increase job opportunities for the community, which must involve all levels of society in its implementation. One component that plays an important role in Indonesia's economic growth is Micro, Small and Medium Enterprises (UMKM) and also Domestic Investment (PMDN). UMKM plays a role in the absorption of labor so that they also contribute to national income. However, the economic growth of a country can also be helped by investment. This research is a normative legal research using secondary data, as well as a statutory approach which is then compiled qualitatively. The conclusion of this study shows that the role of UMKM in the development of investment in Indonesia is in terms of expanding the provision of employment, making a significant contribution to the development of a country, distributing income increases and increasing the competitiveness and resilience of the national economy. Meanwhile, PMDN plays a role in financing which is important for developing regions and is able to make a sizable contribution to development and plays a role in increasing economic growth through a conducive investment climate in Indonesia.
EFFECTIVENESS OF LAW ENFORCEMENT ON COLLECTING PUBLIC FUNDS ILLEGALLY USING INVESTMENT MODE Fadhlilla Putri Ghaisani; DEborah Cecilia; Amanda Fidella Tryxie; Alisya Ivanna Insyira; Deborah Sondang R; Jessica Natanael. S; Adil Dwi Laksono
Journal Social Sciences and Humanioran Review Vol. 1 No. 04 (2024): JULY
Publisher : Zhata Institut

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Abstract

Investment is all forms of investment activities, both by Domestic Investors and Foreign Investors, to conduct business in all sectors of the business sector in the territory of the Republic of Indonesia. This research aims to find out the law enforcement tekait the existence of funds collection in the community illegally with investment mode one of them Bodong Investment Rp. 1.3 T PT. Exist Assetindo. The existence of this bodong investment (illegal) has been troubling the wider community. This research uses descriptive qualitative research method is in the form of research with case study method or approach. The consequences of this illegal investment can lead to bodong or fictitious investments. With the activities of fund raising conducted by Limited Liability Companies, in addition to contrary to the provisions that have been regulated, it also hinders the existence of banking institutions. Given that the OJK has not provided regulations that specifically regulate the sanctions set for companies that collect funds illegally, the most basic legal policy applied is article 46 of Law No. 10 of 1998 on Banking.

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