Journal Of Law Sciences (Legisci)
a peer-reviewed journal that publishes scientific articles in the field of law. Articles published in the Legisci Journal include the results of original scientific research (top priority), new scientific review articles (not priority), and the results of studies in the field of law.
Articles
75 Documents
<![CDATA[The Role of The Prosecutor’s Office in Asset Seizure ]]>
<![CDATA[Sulistiyono, Adi]]>;
<![CDATA[Isharyanto, Isharyanto]]>;
<![CDATA[Purnama Adi , Fadhil]]>
<![CDATA[ Jurnal Legisci Vol 1 No 2 (2023): Vol 1 No 2 Oktober 2023 ]]>
Publisher : <![CDATA[Ann Publisher ]]>
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DOI: 10.62885/legisci.v1i2.86
<![CDATA[The seizure of assets resulting from criminal acts will be easier for law enforcement officials to carry out if the Draft Law on Asset Forfeiture is passed. Assets that are seized are not only related to corruption crimes but also general crimes that carry a prison sentence of 4 years or more. The amount of assets seized is also at least IDR 100 million. This paper will explore the urgency of the Asset Forfeiture Bill in terms of the politics of legislation and then be limited to discussions on the direction of law enforcement that is considered responsive, especially regarding institutions that have authority in implementing the law. This paper is a type of doctrinal research that the data collection technique used is a literature technique, while the analysis in this study is after all legal materials are collected both from primary legal materials and secondary legal materials then clarified. Without strong watchdog institutions, impunity becomes the very foundation upon which systems of corruption are built. And if impunity is not demolished, all efforts to bring an end to corruption are in vain. Integrity, transparency, and the fight against corruption have to be part of the culture.]]>
<![CDATA[Resolution Islah Refer to the Period of Iddah Perspective of Sigmund Freud ]]>
<![CDATA[Fuad, Anisul]]>;
<![CDATA[Sugianto, Sugianto]]>
<![CDATA[ Jurnal Legisci Vol 1 No 2 (2023): Vol 1 No 2 Oktober 2023 ]]>
Publisher : <![CDATA[Ann Publisher ]]>
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DOI: 10.62885/legisci.v1i2.87
<![CDATA[Divorce is more influenced by the emotional and psychological factors of the litigants so divorce cases between husband and wife are cases that are very closely related to psychological aspects. This research uses the analytical descriptive method and also uses the qualitative-exploratory method. The causes of divorce are more dominated by constant disputes and quarrels, lack of communication, there is a shift in culture that is increasingly open, the weakening of meaning and value in marriage, due to a weak understanding of religious knowledge, and the ends up leaving one of the parties. The scholars agree that such reconciliation is permissible in Islam and is given as a last resort to reconnect the severed inner birth relationship and applies only to wives who are undergoing the period of 'iddah talaq raj'i, i.e. talaq one and two. The conclusion is that the cause of divorce based on the jurisdiction of PA (Religious Courts) throughout Indonesia is more dominated by factors of constant disputes and quarrels, then economic and finally leaving one of the parties. Attempts to re-establish a household after divorce are called reconciliation.]]>
<![CDATA[Legal Consequences Due to Default in Agreements During the Covid-19 Pandemic in the Perspective of Justice ]]>
<![CDATA[Irawan, Ade]]>;
<![CDATA[Judge, Zulfikar]]>
<![CDATA[ Jurnal Legisci Vol 1 No 2 (2023): Vol 1 No 2 Oktober 2023 ]]>
Publisher : <![CDATA[Ann Publisher ]]>
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DOI: 10.62885/legisci.v1i2.88
<![CDATA[A covenant is an event where one person promises to another or where two people promise each other to do something. In fulfilling the promises that have been agreed upon by both parties, sometimes there are obstacles. The Covid-19 pandemic is a non-natural factor that has a huge impact, and has its own legal consequences, as well as legal protection. So that the author feels the need to conduct research, in which the author uses normative juridical research methods or literature law research methods, this research uses primary legal materials, secondary legal materials and tertiary legal materials. Legal aspects of default in an agreement if the debtor does not do what he promised. Although force majeure circumstances do not necessarily invalidate an agreement, it can be used as a basis for renegotiation to create a sense of balance, in order to avoid losses by the parties and in order to provide a sense of justice. The policies taken by the government in handling COVID-19 are proof of the presence of the state in providing legal protection to the community, in order to create a sense of security and guarantee the existence of just laws.]]>
<![CDATA[Legal Position on Waqf Land That Is Not Registered as Bank Credit Guarantee: Case Study of Decision No. 0534/Pdt.G/2018/PA. Lmg ]]>
<![CDATA[Rukmana, Dian]]>;
<![CDATA[Judge, Zulfikar]]>
<![CDATA[ Jurnal Legisci Vol 1 No 2 (2023): Vol 1 No 2 Oktober 2023 ]]>
Publisher : <![CDATA[Ann Publisher ]]>
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DOI: 10.62885/legisci.v1i2.89
<![CDATA[The purpose of preparing this thesis writing The author will also discuss the legal position of waqf land that is used as credit collateral in banks? And what are the legal consequences for land with waqf land rights that are used as credit collateral? Both expected and unexpected aspects of individuals, legal entities, organizations, institutions and social systems of society. This research is a normative juridical research with a qualitative approach so that the data collection technique used in this thesis is a literature technique, while the analysis in this study is after all legal materials are collected both from primary legal materials and secondary legal materials then clarified. qualitative according to the problem Based on literature search, this research has never been used before, thus this research is original and academically accountable. Although there are previous researchers who have conducted research on issues surrounding waqf, the substance of the subject matter discussed is different from this study. This research has a formulation of problems regarding legal consequences on land on the basis of waqf land rights that are used as credit guarantees.]]>
<![CDATA[Analysis of The Commercial Court’s Decision on The Postponement of Debt Payment Obligations to Life Insurance Companies Without The Approval of The Financial Service Authority: Case Study Case Number 389/Pdt.Sus-PKPU/2020/PN Niaga Jkt. Pst ]]>
<![CDATA[Amalia, Siti]]>;
<![CDATA[Judge, Zulfikar]]>
<![CDATA[ Jurnal Legisci Vol 1 No 2 (2023): Vol 1 No 2 Oktober 2023 ]]>
Publisher : <![CDATA[Ann Publisher ]]>
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DOI: 10.62885/legisci.v1i2.90
<![CDATA[The Financial Services Authority (hereinafter referred to as "OJK") is an institution that has the authority to attribution has been established and appointed by the government to carry out regulatory and supervisory functions for Financial Service Institutions, one of which is in the case of requests for Suspension of Debt Payment Obligations (hereinafter referred to as "PKPU") at life insurance companies. This research was motivated by the issuance of a PKPU ruling against PT. Kresna Life Insurance (hereinafter referred to as "PT. AJK) by the Commercial Court based on the application of Lukman Wibowo as one of PT AJK's customers and creditors. The problem that arises is that OJK as an institution that has the authority does not respond to the application submitted by the customer in question within the period prescribed by law. This study examines and analyzes the Commercial Court Decision against PKPU at PT. AJK (Case Study Number 389/Pdt.Sus PKPU/2020/PN Niaga Jkt.Pst). The research method used in this study is normative or doctrinal legal research. The results of the study found that the PKPU was not in accordance with applicable laws in Indonesia, because legally the authority to apply for PKPU is absolutely in the hands of the OJK.]]>
<![CDATA[Study of the Responsibility of Independent Appraisal Services of Bank Collateral Related to the Auction Value of Execution of Collateral Objects ]]>
<![CDATA[Atikawati Wiseno Putri, Febri]]>
<![CDATA[ Jurnal Legisci Vol 1 No 3 (2023): Vol 1 No 3 Desember 2023 ]]>
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DOI: 10.62885/legisci.v1i3.141
<![CDATA[In providing bank credit, collateral must be submitted for credit return. Collateral certificates/fixed assets are most favored by creditors/banks. The provision of credit by banks cannot be separated from the assessment of collateral first. The Internal Bank carries out the assessment, which can be done by the Public Appraiser or KJPP (Public Appraisal Service Office). The Public Appraiser will provide a report on the value of collateral submitted by the debtor to be used as a basis by the bank to determine the Ceiling (maximum amount of credit). The position of creditors who are more dominant in the process of granting credit will more or less affect the market value and liquidation of collateral. In this case, the debtor has a risk to the value of the collateral that the Public Appraiser has determined if the collateral goes bankrupt. This research uses a legislative and conceptual approach.]]>
<![CDATA[Risk Analysis of Malpractice at Central General Hospital Friendship Jakarta ]]>
<![CDATA[Baik Marpikir Manalu, Marsada]]>;
<![CDATA[Markoni, Markoni]]>
<![CDATA[ Jurnal Legisci Vol 1 No 3 (2023): Vol 1 No 3 Desember 2023 ]]>
Publisher : <![CDATA[Ann Publisher ]]>
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DOI: 10.62885/legisci.v1i3.142
<![CDATA[In the world of health services, many risks may be used as legal cases, ranging from the arrival of patients' data collection until patients leave the place of service. Europe and America have characteristics of different types of malpractice incidents, and in Asia, there are both developed, developing, and underdeveloped countries. This study aims to examine and analyze the prevention of malpractice risk and the mechanism of malpractice risk at Friendship Center General Hospital. The research methods used are empirical and conceptual juridical research methods. Researchers use literature studies as a tool for collecting research materials. The results of the study found that Permenkes 11 of 2017 states that Patient Safety aims to improve the Quality of Service in health Service Facilities through the application of Risk Management in all Aspects of Health Services, which means that it is expected that with the application of good Risk management, the risk for complaints that lead to malpractice reporting in any form can be suppressed in such a way. Although the application of standard operating procedures in hospitals, the risk of malpractice complaints is still possible due to many things from various angles that cannot be explained in the regulations or cannot be explained due to other things regarding the ability of doctors/service officers to convey information about problems or obstacles obtained at the hospital including facilities and other unwritten rules, So even though it has been prepared in such a way, the risk still occurs.]]>
<![CDATA[Juridical Analysis of Brand Dispute Resolution in Indonesia ]]>
<![CDATA[Dipo Selogiri, Siana]]>
<![CDATA[ Jurnal Legisci Vol 1 No 3 (2023): Vol 1 No 3 Desember 2023 ]]>
Publisher : <![CDATA[Ann Publisher ]]>
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DOI: 10.62885/legisci.v1i3.143
<![CDATA[A good product must have good quality in itself and requires a brand so that consumers can easily remember it. Brands attached to a product, goods, and services are likened to two sides of a coin: closely related and needy. A critical point in trademark protection is that a mark cannot be registered based on an application filed by an applicant in bad faith. A registered mark is valid and has been registered at the Director General of IPR and obtained a registration number. One of the exciting cases regarding the brand dispute was between Irawan Widjaja and Lancaster, which was resolved through mediation. Mediation is a negotiation involving a third party who has expertise regarding effective mediation procedures and can help in conflict situations to coordinate their activities to be more effective in the bargaining process. This type of research is juridical normative, an approach based on the primary legal material by examining theories, concepts, legal principles, and laws and regulations related to this research. The result of this study is that the legal step chosen by Irawan Widjaja, namely through mediation, is very wise and appropriate, considering that the goal is to resolve it as quickly as possible at a relatively minor cost.]]>
<![CDATA[Legal Force of Transfer of Home Ownership Loans (KPR) from Debtors to Third Parties without Approval from The Bank ]]>
<![CDATA[Susilowardani, Susilowardani]]>
<![CDATA[ Jurnal Legisci Vol 1 No 3 (2023): Vol 1 No 3 Desember 2023 ]]>
Publisher : <![CDATA[Ann Publisher ]]>
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DOI: 10.62885/legisci.v1i3.144
<![CDATA[Ownership of a house is now a benchmark as a form of primary needs of an individual and is used as land to invest because it has a relatively high economic value. It will be tough for low-income people to own a house by buying it in cash. For some people, building a house must incur relatively high costs. Therefore, banks provide financing funds so that people can own houses. One form of financing from banks is Home Ownership Credit or KPR. However, implementing homeownership loans (KPR) has various problems, including transferring rights to the object of home ownership loans (KPR) or mortgage loan offers. So the problem arises: How is the legal force of transferring home ownership loans (KPR) from debtors to third parties without approval from the bank? This research uses research methods in the form of descriptive analysis. The act of credit oper underhand, whether it is a sale, transfer, or anything carried out by the debtor without permission or the knowledge of the creditor or bank, is included in the type of violation, and the agreement is also not binding on third parties or new debtors. If the debtor makes the transfer before repayment at the bank, then the agreement made by the debtor to a third party is null and void.]]>
<![CDATA[Application of Parlimentary Treshold to the Sustainability of Political Parties from a Human Rights Perspective ]]>
<![CDATA[Yani, Ahmad Yani]]>
<![CDATA[ Jurnal Legisci Vol 1 No 3 (2023): Vol 1 No 3 Desember 2023 ]]>
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DOI: 10.62885/legisci.v1i3.145
<![CDATA[Law has close relevance to justice. Elections in Indonesia's democratic state are a process of peaceful transfer of power carried out periodically and per the principles outlined by the constitution. There are times when people want supervision of the government. However, there are also times when people get tired of their representatives who continue to behave because of seemingly unlimited power. One of the issues hotly discussed when approaching the 2019 election yesterday was raising the Parliamentary Threshold. Based on this description, a formula can be drawn: How does the Parliamentary threshold affect the existence and development of political parties? The research method used is Normative Legal Research. Parliamentary threshold is recognized as one of many ways to simplify political parties. However, PT must also be recognized as one of the most effective ways because it does not threaten the existence of any particular political party.]]>
