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Vonis
Published by CV. Akira Java Bulu
ISSN : -     EISSN : 31090400     DOI : -
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Legal Studies published by Rumah Jurnal Akira Java Bulu which is published twice a year in May and November. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal discusses various topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other sections related to contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik
Articles 14 Documents
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Legal Study Of The Constitutional Court Decision Number 013-022/PUU-IV/2006 On The Case Of Insult Against The President And Vice President From The Perspective Of The National RKUHP zulfa vikra
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

Constitutionally, the Indonesian state guarantees and respects the human rights of citizens to express opinions, speak and organize, as long as it is done in accordance with applicable laws. However, if this is done in the form of insults, especially against the President and Vice President, then it can be subject to Articles 134, 136 bis, and Article 137 of the Criminal Code. Based on the Constitutional Court Decision Number 013-022/PUU-IV/2006, the three articles were invalidated because they were considered contrary to Article 28 of the 1945 Constitution. Then the Article on insulting the President and Vice President was reappeared in the Draft National Criminal Code. The purpose of this research is to find out the regulation of insulting the President and Vice President after the Constitutional Court Decision. This research uses normative legal research, namely research on primary, secondary, and tertiary legal materials collected through literature studies. Then the data that has been collected is processed and analyzed qualitatively descriptive. The results show that the regulation of insults against the President and Vice President as stated in the Draft National Criminal Code is not contradicted by the Constitutional Court Decision Number 013- 022/PUU-IV/2006 because the legal constitution is different from Article 134, Article 136 bis, and Article 137 of the Criminal Code. Then in the concept of criminal law policy, the problem of insulting the President and Vice President must be
Decision Making Concept: The Role Of Educational Leadership In Determining Policies Nur Ali
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

This study aims to analyze the concept of decision-making in educational leadership through a literature review approach. Decision-making is a crucial process in carrying out leadership functions, especially within the dynamic and complex context of educational institutions. Using a qualitative approach and library research method, this study examines various academic literatures discussing definitions, types, and approaches to decision-making. The findings indicate that decision-making in educational leadership is not merely technical, but also involves ethical, collaborative, and strategic considerations. Several approaches can be utilized by educational leaders, such as rational, intuitive, participative, and contingency approaches. Each approach has its own characteristics and applications depending on the organizational context, school culture, and the situation at hand. This study is expected to contribute to the development of leadership insights and serve as a reference for educational practitioners in managing institutions effectively.
Division of Power in the Formation of Laws After Amendments to the Constitution Anis Fauzan; Renofadli Rizkiansyah; Kaharuddin; Wicipto Setiadi
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

This paper will be divided into four parts. First, the introduction section that describes the background in the form of changes to the 1945 Constitution as a paradigm shift in relations between state institutions in Indonesia. Then continued with a brief review of the concept of division of power in a state of law. This first section is then closed with a description of the division of power in the formation of laws before the amendment to the 1945 Constitution. Second, the discussion section entitled the division of power in the formation of laws after the amendment to the 1945 Constitution. This section describes the process of forming laws after the amendment to the 1945 Constitution, which transferred power from the executive to the legislative. Third, the analysis section that contains criticism of the power to form laws after the amendment to the 1945 Constitution. Fourth, the closing section that contains conclusions and suggestions as an outlet in answering the challenges of the need for renewal of Indonesian Constitutional Law related to the division of power in the formation of laws in Indonesia.
The Legal Consequences Of The Decision Of The Constitutional Court Number 313/PHPU.BUP-XXIII/2025 On The Disqualification Of Candidates For Regent And Deputy Regent In The Regional Head Election Of Northern Barito District Muklis Al'anam
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

Disqualification of regional head candidates is often a crucial issue in the dynamics of general elections. The decision of the Constitutional Court (MK) plays a central role in determining the validity of a nomination, including in cases of general election result disputes (PHPU). This article examines the legal implications of the Constitutional Court Decision Number 313/PHPU.BUP-XXIII/2025 regarding the disqualification of Regent and Deputy Regent candidates in the Regional Head Election (Pilkada) of North Barito Regency. This study uses a normative-legal method with a case study approach to the Constitutional Court's decision. The results of the analysis show that the Constitutional Court Decision Number 313/PHPU.BUP-XXIII/2025 has significant legal implications, both for the disqualified candidate pairs and for the implementation of subsequent Pilkada in North Barito Regency. This decision not only confirms the principles of justice and legal certainty in the election process, but also provides jurisprudential guidance for Bawaslu and KPU in following up on potential violations and nomination disputes.
Legal Aspects Of Non-Performing Loan Settlement At BANK BRI In Boalemo Fibriyanti Lakoro; Ikbal Kadir
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

This study aims to analyze the implementation of cessie as a legal mechanism in resolving non-performing loans at Bank BRI Boalemo, focusing on its collaboration with the Tilamuta District Attorney's Office. Using a normative legal research method combined with empirical field data, the study examines statutory regulations such as the Indonesian Civil Code, Banking Law, Fiduciary Guarantee Law, and OJK regulations. Data were collected through literature review and interviews with relevant stakeholders. The results show that cessie provides an effective non-litigation solution in the transfer of receivables from banks to third parties, allowing for faster credit recovery and reduced litigation costs. From 2022–2024, 12 cases of non-performing loans were addressed through cessie, with 8 successfully recovered. However, challenges remain, including limited understanding of cessie by debtors, difficulty in finding third-party buyers, and lack of technical regulatory guidance. The study concludes that cessie, supported by inter-institutional cooperation, particularly with the prosecutor’s office, is a strategic tool for efficient, lawful debt recovery while preserving legal certainty and fairness for both creditors and debtors.
New Paradigm of Restorative Justice Based on the Perspective of Customary Law in Law No. 1 Year 2023 on the Criminal Code Muhammad Fahlebvy; Muklis Al'anam; Dwi Rahman Suhada
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

The paradigm shift in the modern criminal justice system shows an increasing interest in the restorative justice approach as an alternative to resolving criminal cases. This article aims to analys the relevance of restorative justice principles rooted in the customary law perspective in Indonesia as a basis for the implementation of law the new criminal code. Through library research, this study uses a normative method that examines legal norms on restorative justice in relation to customary law that can strengthen restorative justice. The implications of this study are expected to contribute to the development of criminal law policies that accomodate customary values as part of achieving substantial justice.
Employers' Civil Liability for Violation of Workers' Rights Sabrena Sukma
Vonis Vol. 1 No. 2 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

This research discusses the civil liability of employers for violations of workers' rights in labour relations. In labour practices, it is not uncommon to find violations of workers' normative rights, such as substandard wages, lack of social security, and unilateral termination of employment without compensation. This research aims to analyse the forms of civil liability that can be imposed on employers as well as dispute resolution mechanisms based on Indonesian civil law, particularly in the context of default and tort. The research method used is normative juridical with statutory approach and case study. The results show that employers who violate workers' rights can be held civilly liable, either through a lawsuit for compensation due to default on the employment agreement, or through the mechanism of tort claims. The enforcement of civil liability is expected to provide more effective legal protection for workers and encourage employers to comply with labour provisions.
Legal Aspects of Electronic PPAT Deed in the Land Registration System in Indonesia Nizam Zakka Arrizal; Bambang Eko Nugroho
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

The Indonesian government is implementing an electronic system in every aspect of government activities, and the land registration system in our country is no exception. The dynamics of the policy were turbulent in the community, Electronic land registration for community land was suspended because the regulation was rejected by some community members. The effort of government services in electronic form is the digitalization of government which refers to the transformation of manual systems and processes to digital systems in governance. This transformation aims to improve public services that are efficient, effective, transparent and accountable. Since the law regulating electronic land registration is still relatively new and has become a debated issue in the community, the author is interested in examining how the juridical aspects of electronic PPAT deeds in the land registration system in Indonesia relate to these issues. The research method used is normative juridical with a statutory approach. The results show that Ministerial Regulation No.3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities is the latest reference in the land registration system in Indonesia which aims to convert land certificates into a digital system to oversee land activities, but there is no legal certainty in PPAT's policy to make authentic deeds electronically at this time because it does not have a legal basis.
Implementation of Child Rights Protection Against Economic Exploitation in Pekanbaru City Based on Pekanbaru City Regulation Number 2 of 2023 concerning the Protection of Women and Children Salsabilla Risti Ananda; Eddy Asnawi; Silm Oktapani
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

Based on Article 11 Letter d of Pekanbaru City Regulation No. 2 of 2023 concerning the Protection of Women and Children (Perda No. 2/2023), it is stipulated that every child has the right to protection from economic exploitation. From the research observations conducted in the City of Pekanbaru, the researcher directly observed children working as newspaper vendors, street performers, tissue sellers, car window cleaners, and some were employed as silver men and clowns. The method used in this research is sociological legal research. The research findings indicate that the implementation of child rights protection against economic exploitation in the city of Pekanbaru based on Local Regulation No. 2/2023 has not been optimal. The obstacles in the implementation of child rights protection against economic exploitation in Pekanbaru City based on Local Regulation No. 2/2023 include insufficient supervision by the Department of Women's Empowerment, Child Protection, and Community Development of Pekanbaru City, as well as budget constraints for operational funds at the Department of Women's Empowerment, Child Protection, and Community Development of Pekanbaru City, the Social Affairs Department of Pekanbaru City, and the Pekanbaru City Public Order Agency (SATPOL PP). Efforts made based on Local Regulation No. 2/2023 include the Department of Women's Empowerment, Child Protection, and Community Development of Pekanbaru City enhancing its supervision and coordinating and collaborating across agencies with the Social Affairs Department of Pekanbaru City and the Pekanbaru City Police Department by scheduling routine patrols at several traffic light locations in Pekanbaru City. The recommendation is that the Department of Women's Empowerment, Child Protection, and Community Empowerment of Pekanbaru City, the Social Affairs Department of Pekanbaru City, and the Pekanbaru City Police should provide protection for children by conducting routine patrols and enforcement at several traffic light locations in Pekanbaru City to regulate children who are exploited, as Pekanbaru City is a Child-Friendly City. The Department of Women's Empowerment, Child Protection, and Community Development of Pekanbaru City should coordinate with the Women and Children's Service Unit of the Pekanbaru City Police Department (Polresta) to address cases of child exploitation or parents suspected of economically exploiting their children.
The Shafi'i Madhhab’s Perspective On Maqashid Al-Shari'ah In Relation To Sirri Marriage Hazarul Aswat; Moh. Fawwaz
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

Marriage is a sacred bond between a man and a woman who share the same religion, fulfilling the requirements and pillars as prescribed by their respective faiths. This applies equally to Islam, as reinforced by national marriage laws governing such matters. This study examines how unregistered (sirri) marriages are viewed from the perspective of Islamic jurisprudence, specifically through the lens of Maqashid al-Shari’ah within the Shafi'i school of thought (Madhhab of Imam Shafi’i, may Allah have mercy on him). This research uses a qualitative (library research) method by collecting data, identifying key points related to the main issue, interpreting the meaning, and presenting it in a discussion relevant to the core study. The findings show that one of the main objectives of Maqashid al-Shari’ah, namely the protection of lineage (hifz al-nasl), positions marriage as the best means of safeguarding legitimate progeny—as long as the essential requirements and pillars of marriage are fulfilled. This includes sirri marriages, which, though not officially registered with the state and thus lacking legal recognition, may still be religiously valid. Therefore, the Shafi’i school holds that to avoid adultery (zina), a sirri marriage can be considered valid as long as it involves the presence of a guardian (wali) and two witnesses, since both are essential pillars (arkan) of marriage in Islam. This study is both important and distinct because it emphasizes the public good (maslahah) of protecting society from adultery, and it aims to promote a better understanding of this issue among the community

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