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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 24 Documents
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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.
Differences in Restorative Justice in Indonesia, New Zealand and Saudi Arabia Viewed from Comparative Criminal Law Manurung, Fajar Rudi; Gunanto, Marcus Priyo; Mohammad Ekaputra; Marlina; Wessy Trisna
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.v2i1.16665

Abstract

Resolving criminal cases through the judiciary is considered successful if law enforcers are able to bring the perpetrators to justice and receive punishment. In certain cases, the public hopes that there will be no need for prosecution because the crime committed is not commensurate with the sentence imposed. Provisions about Restorative Justice in Indonesia, the civil law legal system is not yet clearly regulated in the law. New Zealand is a country Common Law who successfully implemented it Restorative Justice at the Correctional Institution. Meanwhile, Saudi Arabia is an Islamic country that most consistently applies Islamic criminal law which has a concept Restorative Justice. The aim of the research is to compare the concept of restorative justice between Indonesia, New Zealand and Saudi Arabia. Through these three different legal systems, which legal system is restorative justice most appropriate to apply? in Indonesia Restorative Justice guided by the internal provisions of the Police, Prosecutor's Office and Courts, which have not yet been stated in New Zealand Law Restorative Justice under the Parole Law of 2002, Saudi Arabia Restorative Justice relies on transcendental rules, namely the Qur’an and Hadits as well as the judge's discretion. The fact that it is applied in different countries is not certain that it will be useful if applied in one's own country or another country. Restorative justice must be in accordance with the social, economic and political conditions of a country.
Legal Paradigm of The Discretion By Regionl heads in the management of Public Service Maryanne, Steffi Seline; Satoto, Sukamto; Akbar, Faisal; 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.v2i1.16677

Abstract

The discretion of regions holds particular urgency for implementing innovations in an area. Achieving optimal public services is the goal reported by central and regional governments to meet community needs. Law No. 30 of 2014 on Government Administration identifies discretion as a solution to concrete problems faced in government administration. This law addresses issues that are unregulated, incomplete/unclear, or result in government stagnation. However, these decisions/actions are often laden with power abuse. Discretion, as an action taken by regional heads, is highly subjective and depends on wisdom and case-by-case situations, which cannot be generalized. Despite this, there is no protection for regional heads when exercising discretion. This study discusses actual discretion for regional heads in supporting public interests to achieve expected public services. The research method uses normative juridical analysis, examining laws, regulations, books, legal rules, and literature related to the study's problem formulation. The data collection method is library research, involving tracing, reading, reviewing, or analyzing materials, theories, and concepts. Discretion by regional heads to improve good governance should not only be a regulated concept but must also create effective governance. Thus, the regulation in the Government Administration Law on discretion acts as a legal umbrella and an instrument to enhance the quality of government services to the community.
A TERRITORIAL RIGHTS PROVISION ALLOWING FOR THE ENTRY OF FOREIGN INVESTMENTS Pelawi, Jhon Tyson; Ismansyah; Lubis, Muhammad Yamin; Marlina; Rosmalinda
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.v2i1.16707

Abstract

One of the main issues that arises when investors plan to make investments in Indonesia is the transfer of land rights to one of the five investment barriers, which are connected to obstacles to land certification, building licenses, and land zoning. This effort discusses how problems involving land transfers are handled by national criminal law and how giving foreign investors legal certainty is achieved by the effectiveness of criminal legislation against land transfers. The aim of this research is to find out whether criminal law can resolve disputes related to the transfer of land rights so as to provide certainty and security for foreign investors regarding the transfer of land rights. by investigating problems through normative legal research or legal research carried out in libraries using a jurisprudential approach and theory of legal objectives, we will get solutions to existing problems so that this research provides qualitative research results based on the data and theory used. The study's findings lead to the conclusion that Article 52, paragraphs (1) and (2) of the UUPA, which deals with criminal laws against the transfer of land rights, regulates the criminal law of land area for its infringement. The form of attained legal certainty in the transfer of land rights for investors is provided by the effectiveness of criminal law in enforcing the law against communities that occupy property over the subject matter.
The Role of Notaries in Making International Grant Deeds: A Legal Study of Cross-Border Grant Regulations Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Ultimate Journal of Legal Studies Vol. 3 No. 1 (2025): Current Legal Developments
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Amidst the roaring tide of globalization, cross-border transactions—particularly in the realm of gifts—emerge as a landscape rife with legal challenges. A complex tapestry weaves itself from the threads of differing legal systems, document validity, and the unavoidable nuances of international recognition. In this arena, notaries stand as pillars of trust, ensuring that gift deeds transcend mere text to become legitimate statements acknowledged across jurisdictions. This study seeks to delve deeper into the role of notaries in crafting international gift deeds while identifying the hurdles they face: from bewildering regulatory differences and intricate tax provisions to the advent of underutilized new technologies. The research employs a normative legal approach, analyzing both national and international regulations. Law No. 2 of 2014 concerning Notary Services and the Hague Convention serve as lenses through which to comprehend how public documents achieve global recognition. Furthermore, legal principles such as lex loci celebrationis and the principle of mutual recognition are explored as foundations for resolving emerging cross-border legal issues. In conclusion, notaries play a vital role in upholding legal certainty in cross-border gift transactions. They are not merely navigators in a tumultuous sea of law but also connectors that bring clarity amidst confusion. It is recommended that notaries continually sharpen their skills and knowledge of international law as a proactive step to enhance services in an increasingly dynamic landscape of cross-border transactions.
Effectiveness of Acting Regional Heads After Simultaneous Regional Head Elections in Indonesia Hadita, Cynthia
Ultimate Journal of Legal Studies Vol. 3 No. 1 (2025): Current Legal Developments
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v3i1.19588

Abstract

This study aims to analyze the effectiveness of acting regional heads in carrying out government duties after the simultaneous regional head elections (Pilkada) in Indonesia. The research method used is the socio-legal method, which combines a normative and empirical approach to examine the laws and regulations that govern the mechanism for the appointment of acting regional heads and their implementation in practice. Data were collected through document studies, in-depth interviews with relevant stakeholders, in several regions that experienced the appointment of Acting Regional Heads. The results of the study showed that the effectiveness of Acting Regional Heads was influenced by several factors, including the personal competence of the Acting Regional Head, local bureaucratic support, and political legitimacy provided by the community and political parties. Although normatively the Acting Regional Head has the same authority as the definitive regional head, in practice there are often obstacles such as limited authority in strategic decision-making and intervention from the central government and political parties. This study recommends improving regulations and strengthening the supervision mechanism to increase the effectiveness of the implementation of the duties of the Acting Regional Head in maintaining the sustainability of the regional government after the simultaneous Regional Elections. Keyword: Officials, Regional, Effectiveness, Strategic.
Legal Analysis of the Phenomenon of “No Viral No Justice”: in Law Enforcement and Legal Injustice in Indonesia Fitriani, Nisa
Ultimate Journal of Legal Studies Vol. 3 No. 1 (2025): Current Legal Developments
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v3i1.19642

Abstract

The phenomenon of "No Viral No Justice" in Indonesia reflects public dissatisfaction with the law enforcement system which is considered unresponsive. "No viral no justice" creates a negative stigma against law enforcement, which distinguishes between viral and non-viral law enforcement. Justice must be achieved not only because of the speed of information spread on social media but also information from the public without going through social media information. This emphasizes that victims must make their experiences viral so that their cases are revealed and law enforcement officers act more quickly in handling the viral case. Injustice in law enforcement against information spread quickly on social media is contrary to Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia that everyone has the right to receive the right to recognition, guarantees, protection and certainty of fair law and equal treatment before the law. This research method uses normative legal analysis with a qualitative approach that reviews more specific, planned and systematic objects through data. The results of this study describe the forms of law enforcement and legal injustice in Indonesia. It can be concluded that the role of the authorities is not fast in responding to cases that are not viral and are important for upholding justice from a legal perspective in Indonesia.
Legal Protection and Commercialization Opportunities for Copyright of Architectural Works Yuswar, Cheryl Patriana; Adrian, Rio
Ultimate Journal of Legal Studies Vol. 3 No. 1 (2025): Current Legal Developments
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v3i1.19832

Abstract

Based on Law Number 28 of 2014 concerning Copyright (UUHC), architectural works are protected creations and are entitled to moral and economic rights. This protection covers the physical building, plans, technical drawings, and building models. Depending on involvement in the creation process, the architect, service user, or both can have the creator status. However, architectural copyright protection is still not optimal, as marked by the low number of copyright registrations for architectural works. Factors such as minimal UUHC outreach, communal culture, and lack of clear rules regarding copyright infringement contribute to this situation. In addition to protection, this article discusses opportunities for commercializing architectural works through licensing. Licensing agreements, exclusive and non-exclusive, can be a way for Architects to maximize their economic rights by adapting architectural works to other media, such as books, fashion, or toys. This aims to encourage innovation and provide economic benefits for creators.
Legal Problems Regarding The Increase In Value Added Tax From The Perspective Of Utilitarianism Theory Sintara, Dani
Ultimate Journal of Legal Studies Vol. 3 No. 1 (2025): Current Legal Developments
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v3i1.19927

Abstract

Value added tax is one type of tax that is a source of income for the Indonesian state. Citing data from the Directorate General of Taxes, it can be seen that state revenue from value added tax and luxury goods sales tax (PPN & PPnBM) reached IDR 764.3 trillion or 104.7 percent of the target, growing 11.2 percent. However, from this achievement, the government continues to want to maximize tax revenue from value added tax. This can be seen from the provisions of Article 7 paragraph 1 of Chapter IV of Law No. 7 of 2021 concerning Harmonization of Tax Regulations which intends to increase the tax rate from 11% to 12% which will be enforced starting January 1, 2025. This policy has caused turmoil of rejection among the public. So the government needs to review this policy. This study uses normative legal research with a statute approach. In this study, it can be seen that the levy of this value added tax has existed since 1983 with the presence of Law No. 8 of 1983 and its amendments. This means that this tax levy is normatively justified and legitimate as a form of state revenue. When viewed from the perspective of utilitarianism theory, the policy to increase VAT by 12% is certainly not in line with what is aspired to by this theory. This theory requires happiness or benefits for the wider community. With the turmoil that has arisen, it indicates that the wider community does not want an increase in VAT. However, if the 12% tax rate increase is only imposed on PPnBM tax and seeing that there is no rejection among the community, it means that the government has presented a policy that is desired by the people.

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