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Jimly Legal Yustisia Journal
Published by Jimly School of Law and Government
ISSN : ""     EISSN : 30326982     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jimly Legal Yustisia is a single-blind peer reviewed legal journal published twice a year (June and December) by the Jimly School of Law and Government Foundation ( Yayasan Sekolah Hukum dan Pemerintahan Jimly ). Jimly Legal Yustisia tried to embody the spirit of Prof.Dr. Jimly Asshiddiqie, S.H. to support the development of legal science and restore the dignity of law based on Pancasila during the onslaught of the destructive era of disruption as he said,” if a law is a ship and ethics is the ocean. If the ocean of ethics runs dry, the ship of law will never sail to reach the island of justice”. This spirit of growth is manifested by providing the thoughts of researchers, lectures/academicians, practitioners, and law students. This journal doesn’t process the article charge for authors and offers free download articles for readers. Jimly Legal Yustisia accommodates the scope amongst the study of legal science, theory of law, civil law, business law, constitutional law, state administrative law, international law, criminal law, Islamic law, customary law, health law, environmental law, comparative law, agrarian law, law and technology, international business law, climate change law, tax law, law and public policy, etc written in Bahasa Indonesia or English and while we accept monodisciplinary research in law, we also welcomed multidisciplinary research in law as it is related to the scope and focus of this journal
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Fenomena Regresi Demokrasi:Potret Demokrasi Masa Kini di Indonesia dan Australia Asshiddiqie, Jimly
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 1 (2023): Volume 1 Number 1 December 2023
Publisher : Jimly School of Law and Government

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Abstract

The countries of Indonesia and Australia are experiencing what is known as "democratic regression". This discussion is within the scope of factors influencing the decline in the quality of democracy and the legacy of feudal culture as well as the challenges of institutionalization and modernization. Based on the results of the discussion above, it can be concluded that first, there are 6 (six) things that have hit the world which have an influence and contribute to the decline in the quality of democracy throughout the world, which also influence the performance of democracy and the rule of law, especially in Indonesia, including: : a) the emergence of a wave of racism and Islamophobia throughout the world; b) expanding hate speech, hostility, disinformation and miscommunication in public spaces; c) symptoms of political deinstitutionalization; d) the development of the practice of conflicts of interest between business and politics; e) the emergence of a new trend where the 4 forces called "macro quadro politica" which include "state, civil society, market, and the media" move towards one-handed grasp of power; and f) the threat of the spread of the Covid-19 virus being hijacked and misused to make state decisions that are not participatory and ignore the importance of the principles of "deliberative democracy" and substantive public participation. Second, democracy as a mechanism for managing a free market political system must be guarded by mutually agreed values and norms, namely the constitution as a social contract, a national agreement anywhere in the world, although it must be acknowledged that it has many weaknesses, so it is necessary to develop the practice of constitutional democracy, namely democracy that managed based on the highest agreed values and norms within the nation and state.
Tinjauan Yuridis dalam Penyelesaian Polemik Penerbitan Obligasi Daerah di Indonesia M. Rasyid Ridho
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 1 (2023): Volume 1 Number 1 December 2023
Publisher : Jimly School of Law and Government

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On the one hand, bonds for investors are a long-term investment, but on the other hand, for the government as the bond issuer, it is a debt that must be repaid. The obligation to pay debts creates uncertainty for investors if they pay attention to the provisions of Article 49 Paragraph (4) of Law Number 1 of 2004 concerning the State Treasury which regulates that state/regional property is prohibited from being handed over to other parties. parties as payment of bills to the central government /area. The purpose of this paper is to analyze the formation and settlement of regional bond polemics in Indonesia. This paper uses a type of normative research, using statutory and conceptual approaches. The research results show that bond protection for regional governments in Indonesia is contained in general laws and special regulations. Investors who purchase Municipal Bonds are protected by the Consumer Protection Law, Financial Services Authority (OJK) Regulations, and other related regulations. Regional Bonds that fail to pay can be resolved through litigation and non-litigation. Non-litigation resolution through Alternative Dispute Resolution (APS) must be prioritized.
Tata Kelola Pertambangan Melalui Kebijakan Pencabutan Izin yang Berwawasan Lingkungan: Perspektif Hukum Administrasi Negara Wahyu Nugroho
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 1 (2023): Volume 1 Number 1 December 2023
Publisher : Jimly School of Law and Government

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Abstract

Management of mineral and coal mining resources relies heavily on a governance system that is oriented towards good governance, and environmental and sustainable principles, as mandated by the constitution in Article 33 of the 1945 Constitution—policy for revoking mineral and stone Mining Business Permits (Indonesian: Izin Usaha Pertambangan/IUP). The President's implementation of coal is part of efforts to improve the mining and environmental governance system. The first problem is, what is the authority, mechanism, and criteria for revoking mining business permits from an administrative law perspective? secondly, does the revocation of an IUP have implications for a good mining and environmental governance system? The method used in this research is a normative juridical method, sourced from primary, secondary, and tertiary legal materials, with qualitative data analysis techniques. The first conclusion, the mechanism for revoking an IUP starts from a comprehensive evaluation of the IUP from planning to post-implementation of mineral and coal mining activities, based on administrative, technical, environmental, and financial evaluations. The criteria for IUPs that are revoked are IUPs that do not submit Work Plan and Budget reports, IUPs that do not operate, and IUPs that do not carry out post-mining reclamation obligations and do not carry out environmental management. Second, the revocation of an IUP has three implications, namely juridical, sociological, and environmental implications. The juridical implications are policies for regulating and improving the mining governance system in Indonesia as well as the government's consistency in implementing the green constitution. The sociological implication is to obtain community social support capacity and local community access to natural resource management rights. Finally, the implications of environmental insight, as a global commitment to implementing sustainable development principles, are integrated into the licensing system for mining business activities.
Pengawasan dan Penyidikan Otoritas Jasa Keuangan terhadap Koperasi yang Melakukan Kegiatan Usaha Perbankan Tanpa Izin Mairul
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 1 (2023): Volume 1 Number 1 December 2023
Publisher : Jimly School of Law and Government

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Abstract

Cooperatives are legal entities established with the aim of improving the welfare of members based on Law No. 25 of 1992 on Cooperatives. As time goes by, there are many cooperative practices that carry out banking business without license, such as deposits or term savings. Not a few cooperatives end up going bankrupt or being reported for fraud because they are unable to pay interest and disburse deposit funds from their members or non-members. The practice of banking activities without a license carried out by cooperatives clearly violates Article 46Pparagraph (1) of Law No. 10 of 1998 on Amendments to Law No. 7 of 1992 on Banking. The rise of banking practices without license carried out by cooperatives is partly due to weak supervision of cooperatives by the government which should be carried out by the Ministry of Cooperatives and Small and Medium Enterprises. Therefore, referring to Article 44B Paragraph (3) of Law No. 4 of 2023 on Development and Strengthening of the Financial Sector jo. Article 6 of Law No. 21 of 2011 on the Indonesia Financial Services Authority (OJK), the institution that has the right to supervise cooperatives operating in the financial services sector is the Indonesia Financial Services Authority (OJK).
Tanggung Gugat Pelaku Usaha Online terhadap Konsumen yang Dirugikan atas Tidak Terteranya Informasi Non-Halal pada Aplikasi Gfood Christoper Putera; Hesti Armiwulan; Elly Hernawati
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 1 (2023): Volume 1 Number 1 December 2023
Publisher : Jimly School of Law and Government

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This research is based on the weak condition of consumers compared to business actors, which means that many processed foods containing pork are bought and sold online, without providing haram information or labels. The issues raised include whether PT. Grab Teknologi Indonesia is responsible for food applications that do not state halal or non-halal information on food consumed by FAs through Gfood application orders" in terms of Law Number 8 of 1999 concerning Consumer Protection. The research was conducted using a normative approach. Conclusions obtained by PT. GTI and business actors, in this case the K99 Restaurant, are limited to providing applications and delivery services. K99 Restaurant produces and trades processed pork food, does not provide correct, clear, honest information, and does not follow the provisions for including halal labels as stated in Article 7 letter b and Article 8 paragraph (1) letter h of Law no. 8 of 1999. K99 restaurants that do not include haram labels on the food products they produce and trade result in FA suffering material and immaterial losses. In this case PT. GTI has transferred its responsibility to K99 Restaurant as a business actor based on clause 5.2 point 5 of the Applicable Terms and Conditions. The K99 Restaurant is responsible for providing compensation to the FA, however considering that there is a time limit for providing compensation which is only 7 (seven) days from the date of the transaction, the K99 Restaurant can be sued on the basis of an unlawful act as stipulated in Article 1365 of the Civil Code.
Analisis Pengawasan Penyelenggaraan Financial Technologi Oleh Otoritas Jasa Keuangan Pasca Putusan MA Nomor 1206/K/PDT/2024 shafira, belgis; Miftah, Farrah; Rahayu, Dewi
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 2 (2024): Volume 1 Number 2 June 2024
Publisher : Jimly School of Law and Government

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Digital financial innovation provides easy access to the financial industry. Convenience can be felt in the process of transferring funds, non-cash payments, to funding services through applications or websites. This is called the P2P lending service which is under the supervision of the OJK. However, this supervision has not been implemented optimally, as evidenced by the large number of illegal P2P lending service providers in Indonesia, misuse of personal data by P2P lending providers, collection processes that are not in accordance with regulations, and complaint processes that do not receive feedback. This concern was expressed in a citizen lawsuit and was agreed to by the Supreme Court in the Cassation Decision Number 1206/K/PDT/2024. Therefore, it is necessary to study further in depth and comprehensively regarding the urgency of supervising the implementation of P2P lending in Indonesia and how to protect P2P lending consumers after the Supreme Court Decision Number 1206/K/PDT/2024. By using a normative legal research method through a legislative approach and a conceptual approach, it is hoped that it can provide answers to the formulation of the problem that is the focus of the research issue. The results of the analysis are OJK as mandated by Article 5 of the OJK Law states that the implementation of fintech is the authority of OJK in carrying out supervision. Supervision by OJK is needed in order to guarantee the rights and obligations of the parties and to be able to minimize the number of illegal P2P lending organizers in Indonesia. There is still overlapping legal protection for consumers as users of P2P lending service providers. So it is appropriate if OJK then issues the LPBBTI 2023-2028 roadmap as an effort to be able to enforce the legal protection process as in the Supreme Court Cassation Decision Number 1206 / K / PDT / 2024.
Pembagian Warisan oleh Pewaris Sebatang Kara Menurut Hukum Perdata Nila Wakhidatur Rohmah; Radhityas Kharisma Nuryasinta
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 2 (2024): Volume 1 Number 2 June 2024
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Inheritance is the transfer of ownership of property by one person to another. Inheritance occurs due to someone’s death. In inheritance there must be three elements, including the existence of an heir who has died, the existence of assets to be distributed, and the existence of heirs who receive the inheritance. In Indonesia, there are three laws that regulate inheritance, namely Islamic law, customary law, and western law or the Civil Code. One of the laws that regulatesinheritance in this research is the Civil Code or Western law. Inheritance according to Western law has for groups who will receive inheritance. Apart from that, there is the term legitieme portie, namely the absolute share that will be obtained by the heirs. However, you need to know that not everyone has children, or there are even people who are alone. A lonely person is a person who does not have close family or heirs who will pass on his property. This research aims to find out what the procedure is for dividing inherited assets if a person is alone. Apart from that, to review regulations related to inheritance arrangements for people who are alone. The research was carried out using normative juridical methods through literature study with secondary data. Secondary data will be presented descriptively to show information. The results of this research are that if there are no legal heirs according to the law or according to the will, the inheritance belonging to a single person will later become abandoned property which will be managed by the Inheritance Property Office. After three years, the inherited assets will become state property.
Advokat Sebagai Subyek Tersangka dalam Tindak Pidana Pencucian Uang Azam, Miftakhul Multazam; Leo, Leo Setya Hardinanta
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 2 (2024): Volume 1 Number 2 June 2024
Publisher : Jimly School of Law and Government

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Regulations regarding advocates as one of the suspect subjects in money laundering crimes are regulated in Government Regulation Number 61 of 2021 on Amendments of Government Regulation Number 43 of 2015 on Reporting Parties in the Prevention and Eradication of Money Laundering Crimes (Government Regulation No.61/2021), but on the other hand in Law Number 18 of 2003 on Advocates (Law No.18/2003), Advocates are obliged to maintain client confidentiality relating to the legal position of service users (clients). The lack of harmonization between the substance of Government Regulation No.61/2021 and the Advocates Law has drawn criticism from some advocates because it is considered to conflict with the regulation of immunity rights in the profession of advocates. So, the problem is whether advocates can be used as suspect subjects according to Government Regulation 61/2021. This research uses a normative juridical research method based on library legal materials consisting of primary and secondary legal material. The results obtained from this research are that the principle of lex superior derogate legi inferiori in Article 8 paragraph (1) of Government Regulation No.61/2021 is contrary to Article 19 paragraph (1) of Law No.18/2003, so that advocates cannot be made suspect subjects according to Government Regulation No.61/2021. The rules regarding Advocates as suspects should be regulated in Law Number 8 of 2010 on Money Laundry Crime.
Keabsahan Surat Peringatan sebagai Pengganti Akta Pengakuan Utang dalam Lelang Eksekusi Tanggungan Rahardian Utama, Muhamad Adji; Hakim, Nur; Pandiangan, Roni
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 2 (2024): Volume 1 Number 2 June 2024
Publisher : Jimly School of Law and Government

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The process of foreclosure under Indonesian law generally requires a debt acknowledgment deed as valid evidence of legal relationship between debtor and creditor. However, current practices show that warning letters are sometimes used as an alternative to the debt acknowledgment deed in some foreclosure cases. The issue raised in this study concerns the validity of using Warning Letter as substitution for Debt Acknowledgment Deed in the execution auction process of collateral rights in Indonesia. The Debt Acknowledgment Deed holds an important position in Indonesian law as a valid legal instrument that facilitates the execution against debtors who fail to repay their debts. Meanwhile, the Warning Letter is often used as an initial step in debt collection, but it does not carry the same legal force as the Debt Acknowledgment Deed. The purpose of this writing is to analyze the validity of using the Warning Letter as a substitute for the Debt Acknowledgment Deed in the execution auction procedure of collateral rights. The method used in this research is normative approach by analyzing the applicable regulations, jurisprudence, and relevant legal doctrines. The results of this research show that, although the Warning Letter plays an important role in the early stages of debt collection, it cannot replace the legal status of the Debt Acknowledgment Deed in the execution auction of collateral rights. Therefore, further regulation is needed regarding the use of the Warning Letter in the execution auction process of collateral rights to provide legal certainty for both parties, creditors and debtors.
Pemikiran Hukum Tata Negara Islam Budisetyowati, Dwi Andayani; Rohman, Adi Nur; Zainab, Nina
JIMLY LEGAL YUSTISIA JOURNAL Vol. 1 No. 2 (2024): Volume 1 Number 2 June 2024
Publisher : Jimly School of Law and Government

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An Islamic state is a state that bases its constitution on the teachings of the Qur'an, where the state aims to achieve the people's welfare. In order to achieve this goal, Islam recognizes political thought as a means to realize this goal. One form of political thought is exemplified by the change of head of state in Medina after the death of the Prophet Muhammad, SAW. Islamic politics not only focuses on the change of head of state but also upholds the application of the values ​​of the Qur'an as the foundation for the formation of the state structure and the basis for managing the state. Although similar, the view of Islamic ideology as the basis for the state still causes debate to this day because there are Islamic views that are not in line with the foundation of the modern state. This conceptual paper discusses two main topics: the first concept of the state in the Qur'an and the second relationship between Islam and the state. The results of the author's study show that, first, the Qur'an does not explicitly regulate the form of the state but explains the principles and procedures for the state, such as governance, equality and protection of rights, politics, economics, and trade. Second, there is a correlation between religious ideology and the context of the state where religion is used as the basis for instilling values ​​in the state. However, this idea has been debated and developed depending on the paradigm used. There are at least three schools of theory in the relationship between Islam and the state, including conservative, modernist, and secular.  

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