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ULJLS
Published by Universitas Sumatera Utara
ISSN : -     EISSN : 30260477     DOI : 10.32734
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ultimate Journal of Legal Studies (ULJLS) is a peer-reviewed journal published by Doctoral in Law Program, Universitas Sumatera Utara two times a year, in May and November. All papers submitted to this journal should be written in English. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. ULJLS is available in print and online version. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law, Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law; Economic Law; Adat Law; Labor Law; Agrarian Law; Intelectual Property Rights Law; Environmental Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 13 Documents
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The Implementation of the Presumption of Innocence in Law Enforcement Coverage by the Mass Media Sipayung, Ronald Fredy Christian; Danil, Elwi; Mulyadi, Mahmud; Yunara, Edi
Ultimate Journal of Legal Studies Vol. 1 No. 2 (2023): Contemporary Legal Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i2.12829

Abstract

The application of the presumption of innocence in the press has long been a subject of attention and debate, both within the legal community and among journalists themselves. However, until now, the debate has not reached a consensus. Debates have started to arise regarding how the provisions in the Constitution (1945 Constitution) should be interpreted regarding applying the presumption of innocence in the press field. The debate continues to the level of analyzing how the legal regulations on the presumption of innocence should be applied in the field of press, and even the technical implementation in reporting. This paper utilizes normative legal research with a descriptive-analytical approach. Secondary data is sourced from legal regulations in the field of the press. Through qualitative analysis, the research yields the following results: Firstly, the presumption of innocence is incorporated into the Journalistic Code of Ethics with the hope that mass media, in their reporting, will not fall into the trap of "trial by the press," which involves reporting that tends to "judge" someone, violating the principles of a fair trial. Reporting that tends to express opinions on the guilt of a suspect not only violates the fundamental principles of the rule of law, namely judicial independence but also infringes upon an individual's human rights by diminishing their right to a legal defense.
Embassy of Foreign Country as Employer Subject to Severance Payment Obligations Yusuf, Darmawan; Agusmidah, Agusmidah; Sirait, Ningrum Natasya; Uwiyono, Aloysius
Ultimate Journal of Legal Studies Vol. 1 No. 1 (2023): Ultimate Journal of Legal Studies (ULJLS)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i1.13017

Abstract

This research examines the employment agreements between foreign state representatives and local workers that are not related to diplomatic functions and therefore do not enjoy diplomatic immunity. While industrial relations disputes typically arise between workers and company management, there have been instances of labor disputes between workers and foreign state representatives. This creates a connection between Indonesia's legal system and the principle of diplomatic immunity in international law. Despite Indonesia's ratification of the Vienna Conventions of 1961 and 1963 through Law No. 1 of 1982, there is currently no specific national legislation governing privileges and immunities. As a result, labor disputes involving diplomatic immunity are dependent on court judgments. The focus of this research is on the severance payment obligations stipulated in labor laws and the responsibility of foreign embassies as employers in Indonesia to make severance payments. The research methodology employed is normative research with a legislative approach. Through qualitative data analysis, the following conclusions were drawn: First, the existence of pension programs does not automatically negate the right to severance pay that workers should receive upon reaching retirement age. Second, the Employment Law is inconsistent in regulating severance payments and pension guarantees as they were initially regulated separately.
THE PRINCIPLE OF MUTUAL RECOGNITION IN ASSOCIATION OF SOUTHEAST ASIAN NATIONS FREE TRADE Nasution, Siti Nurahmi; Adwani, Adwani; Sutiarnoto, Sutiarnoto; Leviza, Jelly
Ultimate Journal of Legal Studies Vol. 1 No. 1 (2023): Ultimate Journal of Legal Studies (ULJLS)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i1.13154

Abstract

This essay intends to examine the ASEAN Free Trade Agreement's implementation and the ASEAN Free Trade Agreement's recognition concept. This paper's research was conducted using normative legal research techniques. Secondary sources were used as the primary source of information for this investigation. Documents and scientific publications from the library are examples of secondary materials. Laws and regulations, agreements, legal theories, and future scientific works are only a few examples of the legal papers that have been used as literary resources. The concept of recognition in ASEAN free trade is the subject of this normative study, which will be explained analytically as a whole object methodically in light of the facts gathered.
Globalization and Notary Authority In Making Agreements in The Era Industrial Revolution 4.0 RINA, RINA; Hernoko, Agus Yudha; Sembiring, Rosnidar; Purba, Hasim
Ultimate Journal of Legal Studies Vol. 1 No. 1 (2023): Ultimate Journal of Legal Studies (ULJLS)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i1.13192

Abstract

The industrial revolution in the era of globalization greatly influenced the authority and practice of notary in the future and became an interesting issue. Developments in technology (information) are the result of human intellectual works that have brought extraordinary change in human lifestyle. The purpose of this research to determine the impact of globalization regarding the authority of a notary and the responsibilities of a notary and the ideal authority in developing and completing the authority and services of a notary in the era of the industrial revolution 4.0. Notaries play a role in carrying out some of the public functions of the state in the field of civil law which carry out legal services to people/public who have responsibilities regarding authentic evidence in the form of letters, deeds or documents made in writing for various legal actions, agreements and stipulations law or other authorities based on the will and requests of the parties. The research method used is normative juridical by reviewing and analyzing legal materials in the form of notary regulations using library research. The results of this study are that currently notaries in Indonesia are still bound by Indonesian Notary Act namely Undang Undang Jabatan Notaris(shorten UUJN) which is no longer fulfill with the needs of the development of globalization. The authority of notary services and practices as a result of the impact of globalization is a challenge and opportunity for the development and improvement of the future of the profession and position of a notary with the support of information technology which must be regulated by the state through amendments to UUJN.
Public Service Through Online Single Submission: Efforts to Simplify Investment Licenses in Improving Public Service Sinulingga, Tommy Aditia; Satoto, Sukamto; Sirait, Ningrum Natasya; Affila
Ultimate Journal of Legal Studies Vol. 1 No. 2 (2023): Contemporary Legal Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i2.13717

Abstract

Public service is a form of service that is principally the responsibility of and implemented by Government Agencies. One form of public service carried out by the government is related to investment licensing, namely through Online Single Submission (OSS). Online Single Submission (OSS) is a Business License issued for and on behalf of the minister, head of institution, governor, or regent/mayor to Business Actors through an integrated electronic system. However, the concern is whether Online Single Submission (OSS) will facilitate investment licenses or instead make it difficult in public services and whether Online Single Submission (OSS) is sufficiently safe, reliable and protected by law.This research is a normative juridical research, which is a legal research method carried out by examining library materials or secondary materials such as laws and regulations, books, legal rules and literature related to the formulation of this research problem. The data used is secondary data, which is obtained from primary legal materials, secondary legal materials and tertiary legal materials. The data collection method used in this research is library research by tracing, reading, studying or analyzing materials, theories and concepts. The making and issuance of investment license decree is a legal action of the government. As a legal action, there must be authority granted by legislation or it must be based on the principle of legality. The matter of investment license is regulated in Law No. 23 Year 2014 on Local Government, Law No. 25 Year 2007 on Investment is obtained. Online Single Submission has been categorized as providing improvements in public services but still must receive attention from the government.
The Role of Law in Improving Financial Literacy in Online Lending in the Context of Development Economic Law Nurhilmiyah; Purba, Hasim; Sitompul, Zulkarnain; Azwar, T. Keizerina Devi
Ultimate Journal of Legal Studies Vol. 1 No. 2 (2023): Contemporary Legal Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i2.13744

Abstract

Law is believed to be able to provide changes towards improving the nation's economy, and can also be a tool to engineer people's behavior in achieving their welfare. One of them is by increasing financial literacy in the field of online loans in the context of development economic law. In recent years since the mushrooming of information technology-based lending and borrowing service providers (LPB2TI) in Indonesia, there have been many legal events related to this online lending and borrowing transaction. Starting from the imposition of loan interest that exceeds the upper limit as determined by the strategic partner of the Financial Services Authority in this case appointed is the Indonesian Fintech Joint Funding Association (APFI), to the low public knowledge about their rights and obligations in the legal relationship of creditors or investors, information technology-based lending and borrowing service providers, and debtors or online loan customers. This is what makes writing this topic very important to pay attention to. In order to elaborate the role of law in increasing inclusive financial literacy in online loans in the context of Economic Development Law.
Reversal of Burden Proof as a Reform of Criminal Law Eradicate Money Laundering Azizah, Hanifah; Santoso, Topo; Husein, Yunus; Mulyadi, Mahmud
Ultimate Journal of Legal Studies Vol. 1 No. 2 (2023): Contemporary Legal Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i2.13758

Abstract

One of the efforts of the Indonesian government in reducing money laundering is to pay special attention in terms of proof, namely with the reverse proof system.  Over time, the reversed proof system in the Corruption Law is still regulated even though the Corruption Law has undergone many changes. Although it has been included in positive law, in practice this proof is not applied thoroughly and there are still obstacles in its application. This research seeks to answer in what cases the reverse burden of proof is applied and what are the obstacles in its application. This type of research is normative juridical. The results of the study resulted in the merging of corruption cases with money laundering can be considered to provide its own advantages in handling corruption cases. More actors are ensnared including corporations. Maximum punishment, streamlining the return of state assets can impoverish corruptors. Legal culture that has not adapted to the new system, reverse evidence is not clearly regulated in the law.
An Overview of Intellectual Property Rights as Waqf in Indonesia and Malaysia Yuswar, Cheryl Patriana; Runtung; Maulana, Insan Budi; Azwar, T. Keizerina Devi
Ultimate Journal of Legal Studies Vol. 1 No. 2 (2023): Contemporary Legal Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i2.13781

Abstract

This paper aims to get an overview of Intellectual Property Rights as waqf in Indonesia and Malaysia. To achieve these goals, the research uses a normative legal writing method with descriptive-analytical specifications. The findings reveal, both Indonesia and Malaysia permit IPR being waqf. Unfortunately, there are no implementing regulation or specific guidelines regarding how and what to waqf from IPR in both states. The absence of implementing regulation or guideline will have implication not only for confusion in the community, but also for the lack of applicability of IPR being waqf in the community.
Harmonious Industrial Relations in Increasing Company Productivity in The Era of Globalization Marbun, Rika Jamin; Agusmidah; Uwiyono, Aloysius; Affila
Ultimate Journal of Legal Studies Vol. 2 No. 1 (2024): Develompment of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i1.16605

Abstract

The company plays a crucial role in driving Indonesia's economy, necessitating its sustainability for competitiveness in the global era. Company productivity, which hinges on worker welfare, is vital for maintaining a company's existence. Workers valued by their company will be more productive, as company productivity starts with work productivity. Achieving this requires tranquility and industrial peace in labor relations. This research explores the connection between worker and company productivity, and how company productivity can be achieved through harmonized industrial relations and strengthened communication in the globalization era. Using a normative juridical method, examining laws and regulations, the study highlights the importance of maintaining harmonious industrial relations for work and business peace. Equalizing perceptions between employers and workers and maintaining effective communication are crucial for this goal. Enhancing company productivity begins with business tranquility and aligns with improving workers' welfare. Such conditions are essential for sustaining the company as an economic driver in Indonesia. High productivity enables companies to exist and compete in the global era.
Establishment of BUMDes as a Strengthening of Sustainable Development Goals (SDGs) in Improving Village Economy during the Covid-19 Pandemic Sipayung, Parlin Dony; Murwadji, Tarsisius; Purba, Hasim; Sukarja, Detania
Ultimate Journal of Legal Studies Vol. 2 No. 1 (2024): Develompment of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i1.16655

Abstract

Badan Usaha Milik Desa (BUMDes) as an instrument to drive the village-based economy has shown a significant role in achieving SDGs targets, which amounted to 74 percent before the Covid-19 pandemic hit the world. However, the situation changed during the Covid-19 pandemic, where the focus of the program was on the health and economic recovery process affected by the pandemic. This research was conducted with a descriptive-prescriptive approach that aims to get suggestions on what should be done to overcome the problems faced by BUMDes in the Covid-19 pandemic situation. From the results of this study, it is concluded that in the context of national economic recovery after the Covid-19 pandemic, the participation of all policy makers is needed to formulate the various needs needed to restore the economy at the village level which is also affected by the pandemic. The momentum of the Covid-19 pandemic can be used by the government to ensure the formation of BUMDes in villages while still paying attention to the potential and needs of the village, as well as optimizing the role and operations of BUMDes that have been formed.

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