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M. Yasir Said
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injurlens@gmail.com
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INDONESIA
INJURLENS
Published by Scholar Center
ISSN : 28289137     EISSN : 27764974     DOI : https://doi.org/10.51749
Core Subject : Economy, Science, Social,
Economics, Econometrics & Finance Energy Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
International Journal of Law, Environment and Natural Resources (INJURLENS) ISSN 2828-9137 (Print) 2776-4974 (Online) is an international, scholarly open access journal on the topic of law, environment, and natural resources. It publishes reviews and regular research papers and there is no restriction on the length of the papers. Our aim is to encourage scientists to publish their research in as much detail as possible, whether theoretical, empirical, or experimental. INJURLENS follows the Committee on Publication Ethics (COPE). Scholar Center takes the responsibility to enforce a rigorous peer-review together with strict ethical policies and standards to ensure adding high-quality scientific works to the field of scholarly publication. Unfortunately, cases of plagiarism, data falsification, inappropriate authorship credit, and the like, do arise. We take such publishing ethics issues very seriously and our editors are trained to proceed in such cases with a zero-tolerance policy. To verify the originality of content submitted to our journals, we use Turnitin and iThenticate to check submissions against previous publications. Subject Areas Jurisprudence, Legal Theory, Philosophy of Law Criminal Law and Criminal Justice System Economic and Business Law Constitutional and Administrative Law Comparative Legal System Alternative Dispute Resolution Environmental Policy and Management Natural Resources Mineral And Geo-Resources Land And Ecological Resources Plant And Animal Resources Water Resources Energy Resources Food And Bio-Resources Resource Conservation, Reuse, And Recycling Sustainable Resource Management Resource Governance And Policy Circular Economy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2022): April Issue" : 8 Documents clear
Comparative Study Application Of Extraterritorial Jurisdiction In Competition Law Between Indonesia And Us Antitrust Law: Case Study: Temasek Holdings and VLCC Syarah Meiriska Dewi; Siti Anisah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.11

Abstract

The USA as a pioneer has published Antitrust Law since the XIX century. Indonesia also has business competition laws which are regulated in Law No. 5 of 1999. However, the scope of the definition of business actors in Indonesia is still very narrow. It does not strictly regulate the extraterritorial principle in Article 1 paragraph 5 so that there are legal loopholes for business actors who are outside the jurisdiction. However, KPPU has already made decisions on business actors domiciled abroad from the case Temasek Holdings, Ltd. (No. 07/KPPU-L/2007) and VLCC (No. 07/KPPU-L/2004). Problem formulation of this research is: how is the definition of a business actor based on Indonesian law and USA law; and how is the application of Extraterritorial Jurisdiction in Indonesia law and USA law? The methodology of this research is normative legal research with library research method by tracing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Data were analyzed using qualitative analysis. The results of this study, there are differences in the understanding of business actors in Law No.5 of 1999 and Antitrust Law. Uncertainty regarding foreign elements in Law No.5 of 1999 makes judges use "Effect Doctrine" and "Single Economy Entity" in categorizing business actors who are outside the jurisdiction of Indonesia. From the existing problems, the Indonesian government should amend the definition of business actors in Law No. 5 of 1999 and provide the principle of extraterritoriality in the duties and powers of the KPPU.
Criminal Act Of Travel Document Fraud Reviewed Based On Law Number 6 Year 2011 On Immigration Teuku Putra Azis; Muhammad Hatta; Jumadiah Jumadiah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.20

Abstract

The crime of document fraud committed by Malaysian foreign nationals is charged with Article 126 letter c and Article 127 of Law Number 6 of 2011 concerning Immigration. The form of immigration crime committed was passport forgery so that the perpetrator was sentenced to 1 year in prison and a fine of IDR 1.000.000. However, the sentence is considered too low so that it does not provide a deterrent effect to the perpetrators of immigration crimes. Supposedly, the judge can decide on a heavier sentence based on the provisions in Article 126 letter c and Article 127 of Law Number 6 of 2011 concerning Immigration.
Breach of Contract: A Comparison Between Indonesian and Malaysian Contract Law Yati Nurhayati; Mohd Zamre Mohd Zahir; Muhammad Hatta; Muhammad Hendri Yanova; Parman Komarudin
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.21

Abstract

The purpose of this research study aims to dissect the concept of Breach of contract in the civil law of two countries between Indonesia and Malaysia. As a country that has a different legal system but also recognizes Breach of contract or breaking promises in civil relations. In this research method, the type of research that the author uses is normative research. The nature of the research in this paper is the nature of comparative descriptive research. The approach used in this legal research is the statute approach, and the conceptual approach. The results of the study found that the Breach of contract in Indonesian civil law. This is a deviant act committed by one of the parties to the agreement from what was previously agreed without coercion which can result in losses for the opposing party and default in civil law in Malaysia as regulated in the 1950 Contract Law which is called Contract impossibility, a contract may be terminated. If the contracting parties fail to carry out the responsibilities contained in the contract.
Juridical Study of Corruption Crime in Indonesia: A Comparative Study Abdullah Abdullah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.22

Abstract

Corruption is an act of deviation that is against the law and the principle of justice (al-`adalah). Corruption with all its negative impacts produces various distortions in the life of the nation and state. In Islamic law, Corruption (jarimah) Crime is prohibited in the Qur'an and al-hadith. Fingers of corruption fall into the category of ta'zir punishment where the type of punishment is determined by the government (ulil amri) through a court decision so that perpetrators of corruption can be sentenced to imprisonment, fines, cut-offs hands (had), or even death if the government so wishes. In the aspect of Indonesian criminal law, the eradication of corruption is regulated in Law No. 31 of 1999 jo. Law No. 20 of 2001. This provision can ensnare perpetrators of corruption in both the private and public sectors. To increase the effectiveness of law enforcement against corruption, the government established the institution of the Corruption Eradication Commission (KPK) and the Court of Corruption. In addition, to facilitate the process of proving corruption offenses, this provision applies a reverse burden of proof.
Legal Responsibility of Substitute Doctors Who Do Not Yet Have a License to Practice Junaidi Arif
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.30

Abstract

The purpose of the need for a Practice License for a doctor is, Protection for the public and health workers, if the practice of medicine causes adverse effects on the physical, mental health or life of the patient. Then it becomes a guide for health workers in providing services to the community must have qualifications, competence, and licenses or legality, as well as community empowerment, professional organizations & existing institutions. This study aims to find out how the authority and legal consequences of substitute doctors who do not have a license to practice against the patient's losses. In this writing, the method used by the author is a type of normative legal research. Using laws and regulations and other relevant reference materials, then analyzed with applicable laws relating to the practice of doctors without a license to practice. The result of this study is the service for obtaining licenses for medical practice should be disseminated to the wider community so that the public knows how to take care of licensing, especially doctor's licenses and the service for obtaining licenses for medical practice should be disseminated to the wider community so that the public knows how to take care of licensing, especially doctor's licenses.
The Effect of Madihin Culture as a Medium of Political Communication in Banjarmasin Election 2024 Muzahid Akbar Hayat; Sri Wahyuni; Misna Misna; Achmadi Achmadi; M. Riki
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.33

Abstract

The objectives to be achieved in this research are to find out how the regulation regarding the level of compliance with turning on the motorcycle headlights during the day and how the effectiveness of the motorcycle headlights obligation during the day reduces the number of motorcycle accidents. The research method used is an empirical legal research method called field research, by interviewing informants and knowing respondents' perceptions which are then compared to conclude. The study results show the regulation regarding compliance with turning on the motorcycle headlights and how the effectiveness of the motorcycle's headlight obligation during the day reduces the number of motorcycle accidents. Based on the results of research conducted by researchers, it can be concluded that, in Law Number 22 of 2009 concerning Road Traffic and Transport Article 107 paragraph (2) regarding compliance with turning on the leading lights during the day for two-wheeled drivers to reduce the number of accidents in the jurisdiction of the City Police. Banjarmasin is ineffective even though the number of compliance violations with turning on the leading lights during the day for two-wheelers is decreasing.
Mandatory Wills as Protection of Inheritance Rights to Heirs Who Change Religions : (Dimensions of Religious Education in the Family) Nuryadin Nuryadin; A. Syaifullah; Ahmad Riyadh Maulidi
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.38

Abstract

Obligatory will, occurs due to legal actions by changing religions other than Islam which causes no inheritance. But still get a chance with the provisions of the obligatory will. In this study, there was a legal conflict, namely Law no. 01 of 1974, Article 42, reads that a legitimate child is a child born in or as a result of a legal marriage. This does not see, due to other legal actions when the child is an adult by changing religions other than Islam. This is contrary to Faridh Law (law of Fiqh Inheritance), Al Qur'an Surah An Nisa verses 7 to 12. Also, Child Protection Law No. 23 of 2000, Article 42; Paragraph (2) reads that every child can make his choice if the child is wise and responsible and fulfills the requirements and procedures in accordance with the provisions of the religion he embraces and the provisions of the applicable laws. To provide a solution between these legal conflicts, a court decision regarding the obligatory will appeared, in court decision Number 204/Pdt.G/2007/Pa.Jr, which was confirmed by decision Number 263/Pdt.G2007/PTA.Sby and the decision of the Religious court Tondano Number 13Pdt/.G/2006/PA.Tdo, which was corrected by Decision Number 01/Pdt.G/2007/PTA.Mdo. This article will be examined using normative research methods, namely research that aims to obtain legal materials obtained through literature studies that are considered relevant to the subject matter. The results of this study are that boys and girls of different religions will still get an inheritance, but differences in the division of inheritance on the male side, the role of religious education functions to provide reinforcement in the values of Sakinah Mawaddah and Warahmah in the family, so religious education is needed. The conclusion of this study is that the obligatory will can provide strengthening of family values.
Provision Of Assistance By Legal Advisors/Advocates To Witnesses In The Investigation Stage Examination Anang Shophan Tornado
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.69

Abstract

The Criminal Procedure Code only provides an opportunity for legal advisers to accompany the suspect in the Minutes of Examination with limited provisions, only to see and hear during the examination, this is regulated in Article 54 of the Criminal Procedure Code. Meanwhile, there is no regulation for witnesses in the Criminal Procedure Code. The problem in examining witnesses is when the witness being examined has the potential to become a suspect, where the concept of a witness who has the potential to become a suspect has become known as the concept of a potential suspect. So that it will be very urgent when the rights of witnesses being examined must really have their rights protected, one of the efforts to protect it is the presence of a legal adviser or advocate. The problem can be narrowed down to how witnesses who have the potential to become suspects in the investigation stage become more cooperative and "tame" towards investigators' summons to be examined, this of course needs to be made in a method that gains strong legitimacy at the norm level. In Article 27 paragraph (1) letter a Regulation of the Chief of Police Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards in the Implementation of Duties of the Indonesian National Police firmly states that "every officer who conducts examination of witnesses, suspects or examinees is obliged to: a. provide an opportunity for witnesses, suspects or being investigated to contact and be accompanied by a lawyer before the examination begins.

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