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RechtJiva
Published by Universitas Brawijaya
ISSN : -     EISSN : 30473721     DOI : https://doi.org/10.21776/rechtjiva
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
RechtJiva is published by the Faculty of Law, Universitas Brawijaya periodically 3 times a year, namely in March, July and November. This journal is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritizing originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish original research thoughts, academics, namely students and lecturers who have never been published in other media. The focus and scope of writing in this Journal focuses on publishing legal scientific articles on the following topics: Civil Law Constitutional Law Administrative Law Criminal Law International Law Islamic Law Customary Law Business Law Agrarian and Natural Resources Law Law and Society Human Rights Law Contemporary Law
Arjuna Subject : Ilmu Sosial - Analisis
Articles 62 Documents
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Urgensi Sertifikasi Pulau-Pulau Kecil Terluar Dalam Rangka Menjaga Keutuhan Wilayah NKRI Sebagaimana Amanah Konstitusi
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.2

Abstract

In this study, the author highlights issues related to the ineffectiveness of the Ministry of ATR/BPN in implementing Outermost Small Islands certification. Several regulations are a driving factor for the Government to immediately carry out certification for all Outermost Small Islands. However, in its implementation there are several obstacles in the certification process carried out by the Government. This issue is the author's focus in analyzing the implementation of Article 49 of Law Number 1 of 2004 Jo. Article 9 Paragraph (1) Ministerial Regulation Number 17 of 2016 relating to certification of Outermost Small Islands and obstacles to the Ministry of ATR/BPN in carrying out comprehensive certification. This is because there are 24 islands that have not been certified, which can provide a gap for other countries to be able to acquire and take over these Outermost Small Islands. The ATR/BPN Ministry, within its authority, has several obstacles, namely the location of the island which is difficult to reach, inefficient coordination between ministries, and a large budget for managing the natural resources found on the Outer Small Islands. The preparation of this thesis used empirical juridical research.
Kajian Hukum Direksi Perusahaan yang Bertindak sebagai Likuidator dalam Proses Likuidasi Berdasarkan Undang-Undang Perseroan Terbatas
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.4

Abstract

In this thesis, the Author addresses the issue of incomplete norms related to the profession of liquidator in the process of settling company assets under Law Number 40 of 2007 on Limited Liability Companies. The selection of this issue is motivated by the legal uncertainty arising from the lack of comprehensive norms regarding the qualifications required for individuals acting as liquidators in the company asset settlement process, especially when the company's directors are appointed as liquidators. This thesis employs a normative juridical method with a Statute Approach, Conceptual Approach, and Comparative Approach. The author uses grammatical and systematic interpretations in primary, secondary, and tertiary legal materials. Through the research conducted using the aforementioned methods, the author concludes that the normative gap concerning the liquidator profession can be addressed by reconstructing the norms in the Limited Liability Company Law. This includes clarifying the qualifications required for liquidators, which can be demonstrated through official certification, and reconstructing regulations regarding the supervision of liquidators.The comparison between the regulations on liquidation in Indonesia and the United States provides an example of applicable certification for liquidators to reduce the risk of lack of due diligence and to enhance legal certainty and efficiency in the company asset settlement process. This approach can be adopted by adjusting it to the existing asset settlement processes in Indonesia.
Upaya Pemerintah Dalam Memfasilitasi Pembangunan Kebun Masyarakat Di Kabupaten Blitar
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.6

Abstract

This study aims to evaluate the effectiveness of regulations requiring plantation companies in Blitar Regency to allocate 20% of their cultivated land for community plantations. The research methodology includes in-depth interviews with relevant parties, such as the Blitar Regency Government, the Blitar Regency Agriculture and Food Office, the East Java Regional Office of the National Land Agency, and the local community. Data analysis is conducted using Lawrence M. Friedman's legal effectiveness theory, which encompasses three main components: legal structure, legal substance, and legal culture. The findings indicate that out of 12 operating companies in Blitar Regency, only one company complies with the regulation. The main obstacles identified in implementing this regulation include inadequate coordination and effective oversight by the government, non-compliance by companies, and insufficient understanding and limited dissemination of the regulations to the community. Additionally, the study found overlapping issues between plantation laws and land use rights decisions issued by the East Java BPN, further complicating the regulation's implementation. The local community expresses a strong desire for companies to adhere to the regulations, but there are misunderstandings regarding the implementation of these rules among the public. Based on these findings, the study recommends several improvements, including enhanced coordination and oversight by the government, stricter enforcement of laws against non-compliant companies, and increased efforts in socialization and education for the community. It is hoped that these measures will significantly enhance the effectiveness of the regulations in Blitar Regency, thereby better achieving the regulation's initial objectives.
Problematika Pemungutan Pajak Reklame Di Kota Malang Berdasarkan Peraturan Daerah Kota Malang Nomor 4 Tahun 2023
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.8

Abstract

In this thesis, the author addresses the issues surrounding the collection of film/slide advertisement taxes in Malang City. Based on a preliminary survey conducted at the Regional Revenue Agency of Malang City, it was found that taxes for film/slide advertisements in Malang are not categorized under advertisement taxes but rather fall under entertainment taxes. However, in Malang City Regional Regulation Number 4 of 2023 regarding Regional Taxes and Levies, film/slide advertisements are included as one of the objects of advertisement tax. The research findings conclude that the collection of film/slide advertisement taxes in Malang City faces several problems. Firstly, the absence of regulations concerning the Rental Value of Advertisements (NSR) complicates the Regional Revenue Agency's ability to determine tax rates. Secondly, the Regional Revenue Agency of Malang City does not conduct specific collections for film/slide advertisement taxes; instead, they are combined with entertainment and arts service taxes, resulting in the absence of separate collections for film/slide advertisement taxes.
Urgensi Penetapan Pedoman Standar Teknis Green Economy pada Undang-Undang No. 5 Tahun 1999
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.1

Abstract

Green economy is an important foundation in achieving sustainable development, which integrates economic, environmental and social aspects. Green economy aims to create economic stability through optimizing energy and environmental balance in the production and marketing of green products which contributes to increasing GDP. However, there is no explicit regulation regarding the green economy in business competition law, which creates a legal vacuum. This research aims to examine the relationship between the green economy concept and business competition law, as well as identifying the legal implications of this regulatory vacuum. The method used is normative juridical, which examines relevant legislation and legal theory. The approach used is a statutory and conceptual approach, with data collection techniques through literature studies and primary and secondary legal materials. The research results show that the green economy is implicitly reflected in Articles 2 and 3 of Law no. 5 of 1999, especially through the phrase "public interest". However, this unclear substance has the potential to create inefficiencies in business competition, with challenges such as barriers to entry for new business actors, losses for first movers, and high production costs. This obstacle can trigger cartel practices and economic injustice that benefits large business actors. This research recommends the need for clear guidelines regarding the implementation of green economy technical standards, which balance the interests of business actors and the public interest, in order to prevent monopolies that harm business competition.
Penambangan Ilegal Di Kecamatan Saronggi Kabupaten Sumenep dan Faktor-Faktor Yang Mempengaruhinya
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.3

Abstract

This study aims to examine the effectiveness of the regulation found in Article 35 of Law No. 3 of 2020 in Sumenep Regency. The chosen research method is socio-legal, utilizing a sociological juridical approach. Data collection was conducted through interviews and literature studies. The findings of this study indicate that the implementation of the regulation in Article 35 of Law No. 3 of 2020 is ineffective. This ineffectiveness may be attributed to cultural factors, legal factors, infrastructure, law enforcement, and community factors. In this issue, the government's role has not been substantial in imposing legal sanctions on illegal mine owners. Additionally, the community tends to view mining as a source of employment, with those who are less tolerant and permissive toward illegal mining not considering the long-term consequences. The obstacles encountered include the community's difficulty in obtaining permits, even though the land used is privately owned.
Formulasi Pengaturan Tata Cara Perizinan Pemanfaatan Kekayaan Intelektual Komunal Sebagai Bentuk Perlindungan Terhadap Komunitas Asal
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.5

Abstract

Indonesia is an archipelago with diverse and abundant traditional cultures. With so many traditional cultures, there is a creation produced by the people of a region (Communal Intellectual Property). From the many cultural diversity in Indonesia with its uniqueness and selling value, it is currently starting to become a special concern of the government to be “sold” to the national and international cultural markets. However, there is currently no procedure for licensing the utilization of Communal Intellectual Property for Commercial. This research aims to analyze the formulation of licensing procedures related to the commercial use of communal intellectual property as a form of protection for the community of origin. This research uses normative juridical methods that are studied with statutory, comparative, and conceptual approaches. Analysis of legal materials used is through analytical descriptive method. With the results of the discussion, it can be concluded that there is an urgency to establish procedures for licensing the utilization of communal intellectual property as a protection of the community of origin in PP KIK. Then there is an appropriate regulatory model for Indonesia, namely by creating a KIK Special State Authority Agency; Determining the benefit sharing mechanism and its amount; Determining the mechanism for Prior Informed Consent; Determining standard clauses in licensing commercial use of KIK; Determining dispute resolution mechanisms.
Urgensi Pengaturan Hukum Pelarangan Propaganda Homoseksual di Indonesia
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.7

Abstract

This study aims to examine the urgency of legal regulation concerning the prohibition of homosexual propaganda in Indonesia, which is perceived by the majority of society as a violation of social and religious values. The research employs a normative juridical method with an approach based on analysis of legislation, legal literature, and expert opinions. Data sources include primary documents such as the 1945 Constitution, the Criminal Code, and the 2024 ITE Law, as well as secondary data from legal literature and academic studies. The analysis is conducted from philosophical, juridical, and sociological perspectives, highlighting regulatory gaps in Indonesia and comparing them with the legal framework in Uganda. The findings indicate that homosexual propaganda contradicts the philosophical values embodied in Pancasila, reveals a legal vacuum within Indonesia’s criminal justice system, and reflects diverse collective societal views on the phenomenon from a sociological aspect. Accordingly, the researcher formulates an ideal legal regulatory concept that can serve as a reference for the government and policymakers to prevent broader social impacts and protect societal norms.
Reformulasi Mekanisme Perlindungan Kesehatan Mental Pekerja dalam Peraturan Perusahaan Berdasarkan Pedoman WHO
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.9

Abstract

Crime rates and various forms of crime indicate that society is experiencing an identity, moral and spiritual crisis. Mental health is becoming a pressing issue that affects the productivity, economy and well-being of society at large. Untreated mental disorders, such as depression, cause negative impacts on individuals, families, and countries, with huge economic and social costs. Although there are labour regulations in Indonesia that protect occupational health, the mental health aspects of workers have not been specifically regulated. This research aims to analyse the protection of workers' mental health in positive law in Indonesia and the United States, and to analyse and design the concept of regulating workers' mental health protection mechanisms in company regulations in Indonesia.. This journal research uses a normative juridical research method by taking a statutory, comparative and conceptual approach. Primary, secondary and tertiary legal materials obtained by the author will be analysed using literature study search techniques and analysis techniques in the form of grammatical interpretation and comparative interpretation. A comparison between Indonesia and the United States in protecting workers' mental health shows that the United States is more progressive with guidelines and laws that meet international standards, such as the WHO Guidelines of Mental Health at Work. Meanwhile, Indonesia still has repressive and less specific regulations. Reformulation of the law in Indonesia is needed to create more comprehensive mental health protection for workers, in line with the development of international standards such as in the United States.
Urgensi Pengaturan Pengawasan Decentralized Finance Sebagai Perlindungan Hukum Bagi Pengguna Aset Kripto Dalam Terjadi Fraud
RechtJiva Vol. 1 No. 3 (November 2024)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v1n3.10

Abstract

In this study, the author addresses the issue of the absence of regulations concerning the Decentralized Finance (DeFi) system as a development within the cryptocurrency asset ecosystem. The Decentralized Finance system is capable of establishing a decentralized financial ecosystem using cryptocurrency assets. The regulatory framework in Indonesia has yet to provide adequate legal protection for cryptocurrency asset customers engaging in transactions within the Decentralized Finance system. This research employs a normative juridical method, utilizing a statute approach, a conceptual approach, and a comparative approach. The primary, secondary, and tertiary legal materials obtained by the author are analyzed using grammatical and systematic interpretation methods. The author concludes that the urgency of regulating the supervision of the Decentralized Finance system lies in its potential to provide legal protection for cryptocurrency asset customers by minimizing the risk of losses, particularly given society's difficulty in adapting to the rapid advancements in financial technology. The regulatory conceptualization proposed by the author, based on comparisons with regulations related to cryptocurrency and Decentralized Finance in Singapore, Australia, the European Union, and the FATF, suggests tightening the assessment and compliance processes for service providers and/or parties conducting business activities with service providers. This includes requiring specific certifications or licenses for the operation of Decentralized Finance systems, identifying the status and role of each party or entity involved, establishing governance protocols and emergency schemes, mandating reporting obligations and transparency for services and the cryptocurrency assets used within the system, and ensuring compliance oversight concerning the scale and scope of service products.

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