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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 5 Documents
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Search results for , issue "Vol. 1 No. 1 (2023): Volume 1 Number 1 December 2023" : 5 Documents clear
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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Abstract

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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Abstract

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.

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