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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 10 Documents
 1 
Search results for , issue "Vol. 16 No. 3 (2023)" : 10 Documents clear
Sinergi Pengawasan Kemitraan Usaha Mikro Kecil Dan Menengah Sebagai Upaya Peningkatan Potensi Dalam Dunia Usaha Ekonomi Kreatif Suwardiyati, Rumi; Ganindha, Ranitya
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.10

Abstract

UMKM have demonstrated their various roles in supporting the national economy, but in carrying out their business activities they still experience various obstacles and obstacles, both internal and external. The research aims to produce appropriate concepts in supervision and what institutions are appropriate to optimize UMKM. This research uses socio-legal methods by conducting direct observations to collect data related to the concept of supervisory relationships between institutions that have partnership supervision authority, especially in Malang City. The results of this research are optimizing supervision of UMKN in two ways, namely empowerment through the City Cooperatives and Micro Enterprises Service and empowerment through the Malang City Trade Office. Provide education regarding the importance of understanding partnership agreements. All forms of partnership agreements must be made in writing, the positions of the parties must also be balanced in the partnership agreement. With the existence of these two institutions and education, it is hoped that they can monitor UMKM with the goal to be achieved so that large and small business actors can grow and develop together.
Problematika Keputusan Tata Usaha Negara Yang Bersifat Fiktif Positif Setelah Undang-Undang Nomor 11 Tahun 2020 Abrianto, Bagus Oktafian; Nugraha, Xavier; Hartono, Julienna; Kosuma, Indah Permatasari
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.5

Abstract

This doctrinal research aims to analyze the development of legal consequences and legal protection related to the Government's omission on applications to state administrative officials. Until the enactment of the Job Creation Act, there were 3 (three) different legal norms regarding the legal consequences of the Government's omission on applications to state administrative officials, namely fictitious rejection, in the State Administrative Court Law, fictitious approval followed up with applications, in the Government Administration Act, and fictitious approval without being followed up with an application, in the Job Creation Act. Based on the principle that the new law overrides the old law, the applicable legal consequences are as regulated in the Job Creation Act. Then, legal protection related to the Government's omission on applications to state administrative officials are the imposition of administrative sanctions, submitting applications for the determination of fictitious approval of state administrative decisions to the Administrative Court, filing claims based on government actions disputes, or submitting reports to the Ombudsman.
Paradigma Positivisme Hukum John Austin Di Era Posmodernisme Setiawan, Adam; Ismail, Rezky Robiatul Aisyiah
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.3

Abstract

The purpose of this research is to find out how the legal positivism paradigm of John Austin in the era of postmodernism and explain the relevance of legal positivism in law enforcement in Indonesia. This research uses method of philosophy of law. The results are that John Austin's legal positivism paradigm in the era of postmodernism is increasingly losing its way because it is exclusive. The legal positivism paradigm cannot be a guidance in law because the shortcomings of the legal positivism paradigm include the legal positivism paradigm constructed by Austin that is unable to accommodate important aspects outside the specified elements such as ethical, moral, and religious elements. Although, the paradigm of legal positivism in Indonesia has become the main point of law enforcement because of the continental European legal tradition. However, in practice the legal positivism paradigm is not compatible with the existing legal patterns in Indonesia because: (1) Indonesian society is heterogeneous; (2) Social, political, and economic developments are transforming so rapidly that the law is lagging behind; and (3) Indonesian people are religious but have no absolute ideology of religion.
Kewenangan Dan Penyelesaian Sengketa Peradilan Tata Usaha Negara (Perbandingan Indonesia Dan Korea Selatan) Navisa, Fitria Dewi
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.7

Abstract

This article aims to examine the comparison of authority and dispute resolution of the State Administrative Courts of Indonesia and South Korea. The method used is a statutory statue and comparative approach. This study shows that the Indonesian and Korean state administrative justice systems have the same deadline for filing lawsuits, administrative and judicial efforts, and active judges; and there are also differences regarding the types of lawsuits, the existence of the State Administrative Court, who are the officials in the court, the number of judges authorized to hear and to whom the appeal is addressed.
Eksistensi Kewenangan Pemerintahan Dalam Mengatasi Status Kewarganegaraan Bagi Anak Dari Perkawinan Beda Negara Rifandhana, Raditya Feda
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.4

Abstract

This research examines the existence of government authority in overcoming the status of citizenship for children from marriages between different countries, as well as reviewing the existence of Law Number 12 of 2006 concerning Citizenship. This normative juridical research has the purpose of analyzing the problems using legal theory, so that the existence of a statutory approach and legal theory can have a positive impact, resulting in the existence of government in addressing the status of children born from interstate marriages, and producing an existence in citizenship laws can meet the needs of citizens.
Penguatan Prinsip Transparansi Dalam Sentralisasi Izin Usaha Pertambangan Minerba Guna Meminimalisir Korupsi Putri, Elsa Ardhilia; Rahayu, Ika Putri; Komaria, Lailatul; Butar Butar, Franky
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.6

Abstract

Amendment to Law on Mineral and Coal Mining makes the authority to issue Mining Business Permits (IUP) shifted from local governments, including governors and regents/mayors (decentralization), to the central government (centralization). The centralization of the IUP issuance gives full authority to the central government in issuing IUP. This normative research is carried out to determine the extent to which the principle of transparency is applied after the Minerba Law 3/2020. The results show that shifting the authority of IUP issuance from the regional government to the central government does not eliminate the threat of bribery corruption as it does not strengthen the principle of transparency. Whereas the principle of transparency is the key to minimizing corruption in mining permit bribes. The solution is reforming Mineral and Coal Mining regulations and strengthening the related institutions to uphold the principle of transparency in the rezime of IUP centralization.
Principled Pluralism Sebagai Model Ideal Hubungan Agama Dan Konstitusi Di Indonesia Rifdah, Haliza Nur
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.2

Abstract

As a plural country, Indonesia needs to know the relationship between religion and its constitution. Even though it has been written in Article 29 (1) of the 1945 Constitution of the Republic of Indonesia, the connection is still vague. It shows in its practice where there are still injustice actions that have been experienced by minorities, such as demolition of churches or forced conversion to one specific religion. Neglecting this relationship is undoubtedly dangerous because religion and the constitution influence social life. Therefore, by using doctrinal research methods and historical and comparative legal approaches, this study aims to find the classification of these relationships and the ideal model for Indonesia. The study shows the relationship is in the form of pluralist accommodation, where this form upholds religious values and acknowledges the existence of various religions and beliefs in society. To strengthening this relationship, principled pluralism is considered an ideal model in Indonesia.
Penetapan Ahli Waris Akibat Perkawinan Campuran Yang Belum Tercatatkan Sa'adah, Nur; Widodo, Guntarto
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.8

Abstract

The purpose of this study is to find out the case in case Number 762 K/Ag/2020, where the Panel of Judges upheld the decision of the High Court and rejected the ruling of the District Court. The considerations of the Panel of Judges are of the interpretation that a marriage will not have legal force if it is not registered, however, the nature of the registration is only administrative. This normative study examines the rule of law, legal principles, legal doctrine and the existing legal system in our country. It is important to examine the validity of mixed marriages that have not been recorded and the legal consequences of mixed marriages that have not been registered.
Itikad Baik Pembeli Tanah Sebagai Jaminan Perlindungan Hukum Terhadap Wanprestasi Penjual (Studi Kasus Putusan No. 9/Pdt.G/2018/PN.Kln.) Anggriani, Reni; Fadilla, Firdha Ikhsania
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.9

Abstract

This research aims to analyse how the protection of the Buyer of the land in the event of a default is carried out by the Seller. This research method is empirical normative, namely from laws and regulations and interviews of speakers related to this paper. Based on Article 1338 paragraph (3) of the Civil Law and Supreme Court Circular No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2016, which is a guideline for the implementation of duties for the judiciary, the Formulation of the General Civil Chamber Number 4, is stated that Good faith when purchasing land is one of the legal protections for the Purchaser of the land, so it is necessary to obtain a guarantee of legal protection.
Fast-Track Legislation Yang Benar Dan Demokratis Fadli, Mohammad; Putra, Marsudi Dedi; Sholehudin, Miftahus
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.1

Abstract

The complexity of social issues is growing in line with the growing modern technology these days, which is disproportionate to its interrupted regulation in the law concerned. Using a comparative and conceptual approach, this article seeks to discuss under what circumstances this fast-track legislation can be implemented and how fast-track legislation should be correctly and democratically implemented. The results show that, fast-track legislation must apply under certain circumstances and be selected, thereby not applying to all bills, and the law-making stages should not be reduced. Second, fast-track legislation must take into account democratic principles in the legislation, or it must comply with procedures, participation, public access, or transparency. Such particular circumstances require simplification of particular stages, while the essence of the democratically-formed legislation must remain.

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