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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 12 Documents
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Search results for , issue "Vol. 17 No. 2 (2024)" : 12 Documents clear
P2P Lending Default Settlement in Indonesia and United States Wicaksono, Lucky Suryo
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.5

Abstract

This study examines the handling and settlement of defaults in P2P lending in Indonesia and the United States. This study is normative, analysing data on the legal norms embedded in legislation and employing a comparative approach with the United States. The findings reveal significant differences between the two countries in addressing P2P lending defaults. In the United States, defaults are generally managed through a collection process involving an internal team and third-party debt collectors, who must comply with the Fair Debt Collection Practices Act (FDCPA). In contrast, in Indonesia, defaults may be resolved through litigation or non-litigation methods, including mediation through the Alternative Dispute Resolution Institution (LAPS). However, many defaults are not resolved through these formal channels; instead, they are handled by third-party debt collectors. This approach often leads to issues, as no specific law in Indonesia regulates debt collection practices.
Application of Procedural Justice vis a vis Substantive Justice in Law Enforcement Efendi, Jonaedi
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.3

Abstract

This study examines the application of procedural and substantive justice in law enforcement. The research method employed in this article is a mixed-method approach, encompassing normative and sociological legal research. Normative legal research uses conceptual and case approaches, while sociological legal research adopts a socio-legal approach, analysing law enforcement from the perspective of legal culture. The discussion reveals that the application of procedural justice, in contrast to substantive justice in law enforcement, often cannot run simultaneously. In certain circumstances, procedural justice takes precedence, while in others, substantive justice is prioritised. Procedural justice is closely associated with the propriety and transparency of the decision-making process, whereas substantive justice emphasises elements within the law, particularly notions of ‘truth’ and ‘guilt’. However, both forms of justice must remain grounded in existing legal norms. Based on the findings of this study, it can be concluded that a discourse on the application of procedural justice versus substantive justice in law enforcement has emerged. This discourse is categorised into three stages: the investigation stage, the prosecution stage and the decision stage.
Liability of Grab Shops to Consumers in Online Buying and Selling Wulan Darmawan, Surya Indah; Wahjuni, Edi; Whardana , Rhama Wisnu
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.6

Abstract

In today’s era of globalisation, speed and convenience are prioritised in nearly all aspects of human activity. Sophisticated electronic tools and devices are designed to minimise manual effort and simplify tasks. The Internet has become an integral part of daily life, accessible to people across all levels of society, anytime and anywhere. This is particularly evident in the realm of online buying and selling. One example is Grab Toko, an e-commerce platform known for its aggressive promotions, offering discounts of up to 90% on electronic goods. Grab Toko advertises these deals through TV ads, social media, brochures and more, attracting many consumers with their enticing offers. However, after transferring money to purchase these items, many consumers found that their orders were never delivered, resulting in significant financial losses. This study aims to analyse the legal issues surrounding online transactions, particularly in cases like these. It adopts a normative juridical approach, examining relevant legal norms and reviewing literature to explore the theoretical concepts behind the legal problems discussed. The findings focus on two key areas: first, the liability of Grab Toko towards consumers in online transactions and second, the possible remedies available to consumers when faced with such issues.
Restructuring the Requirements for Establishing a Company in Adopting a One-Man Company Concept Without Limitation Susanti, Dyah Octorina; Efendi, A'an
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.4

Abstract

The acceptance of one-man companies in Indonesian company law marks a step forward but falls short of aligning with the modern concept of such entities, as it contradicts the principle of justice. Unlike contemporary one-man companies, which serve as an alternative to multi-member companies and are not restricted to specific types of limited liability companies, the current Indonesian framework imposes limitations that result in unequal opportunities to establish one-man companies. This study addresses three key issues: the rationale behind adopting certain types of one-man companies, the relationship between these restrictions and the principle of justice and the potential for a more inclusive approach to one-man companies without such restrictions. Through doctrinal legal research and law reform-oriented research, this study reaches three conclusions: First, the acceptance of one-man companies is currently limited to Persero (limited liability company), regional-owned enterprises, village-owned enterprises, capital market companies and micro and small business companies. Each of these types differs from general companies in aspects such as establishment, function, organisational structure and dissolution. Second, limiting one-man companies to certain types of companies creates unequal opportunities for establishing such entities, which contradicts the principle of justice. Third, restructuring the requirements for company establishment should not eliminate the terms of agreement; rather, it should offer individuals the option to establish either a multi-shareholder company based on an agreement or a one-man company.
Legal Construction of FPIC to Protect Ulayat Right Samosir, Samuel Saut Martua; Rahayuningsih, Toetik
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.9

Abstract

This study explores the legal frameworks for protecting the ulayat rights of Indigenous peoples, focusing on their current challenges. Additionally, the study examines the role of the Free, Prior and Informed Consent (FPIC) policy as a potential solution for safeguarding these rights. The study employs a normative legal research method, incorporating four approaches: statutory, conceptual, case-based and comparative. It uses literature review techniques to analyse the legal issues, drawing on primary and secondary legal materials. Although the protection of Indigenous peoples’ ulayat rights is enshrined in various regulations and the constitution, the actual implementation of these protections falls short of expectations. Therefore, adopting FPIC as a national legal instrument is crucial. FPIC has been successfully implemented in countries like India and the Philippines, where it has proven effective in ensuring the active participation of Indigenous peoples in decisions that affect their rights.
National Law Development Perspective on Job Creation Law: A Critique Rilo Pambudi. S
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.11

Abstract

Choosing ‘shortcuts’ is not always the best approach, especially when establishing national legal policy. For example, the establishment of Law No. 6 of 2023 on job creation (Job Creation Law) was intended to replace and eliminate the conditionally unconstitutional status of Law No. 11 of 2020 on job creation (Law No. 11 of 2020). The issue arises because the Job Creation Law was established through the issuance of government regulations instead of laws. This approach is more expedient than standard legislative amendments, but it reflects the government’s arrogance in the development of Indonesia’s law. Therefore, this article aims to analyse the establishment of the Job Creation Law, examine its justification based on a purported compelling exigency and explore its implications for national legal development in light of Constitutional Court Decision No. 91/PUU-XVIII/2020. Through a socio-legal inquiry, this study demonstrates that establishing Job Creation Law through a Perppu fails to meet the requirement of compelling exigency and undermines meaningful participation in improving Law No. 11 of 2020, as mandated by the Constitutional Court. The findings further suggest that the enactment of the Job Creation Law reflects an authoritarian approach to national law development, with its substance leaning towards orthodox law development.
Examining the Government's Efforts to Curb Abandoned Land Utomo, Setiyo
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.8

Abstract

Controlling land indicated as abandoned is part of aligning agrarian reform goals. Effective land management will ensure land is used according to its intended purposes, including the right to cultivate. This study aims to describe and provide an overview of land classified as abandoned, focusing on land with cultivation rights granted and offers recommendations for respecting and protecting the community’s rights to the land they own. This study employs a normative juridical approach by comparing cases and statutory frameworks. The findings reveal various factors contributing to land abandonment and the government’s efforts to address this issue. Established norms should guide legal actions to achieve certainty and justice in land use. Implementing legal measures is part of harmonising existing regulations with societal realities, as outlined in paragraph 4 of the 1945 Constitution of the Republic of Indonesia, which mandates that the government protect the entire nation and promote the well-being of all citizens.
Polarisation of Islamic Scholars on the Legality of Cryptocurrency Usage as Currency Buana, Andika Prawira; Rizki Ramadani; Aan Aswari; Zainuddin
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.12

Abstract

Cryptocurrency has become a key focus in the evolving landscape of virtual finance, sparking a divide among Islamic scholars. The debate centres on whether cryptocurrency should be considered permissible for transactions under Islamic law. This study explores the polarisation among scholars, some of whom permit cryptocurrency use while others prohibit it. Using normative legal research methods with statutory and conceptual approaches from an Islamic law perspective, the study draws on secondary data, including primary, secondary and tertiary legal materials. The findings reveal that some scholars oppose cryptocurrency due to its lack of intrinsic value and high volatility, which leads to gharar (uncertainty). Conversely, others argue that cryptocurrency can be permitted if limited to monetary functions and not for other purposes. The study concludes by recommending that, as cryptocurrency becomes increasingly prevalent, Islamic scholars should work to establish ijma’ (consensus) and qiyas (analogical reasoning) to form a clear basis for determining its permissibility according to Islamic principles.
The Urgency of Reforming Indonesian Arbitration Law From a Paradigmatic Perspective Taufiqurrahman, Taufiqurrahman; Endarto, Budi
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.7

Abstract

Over time, a growing interest has emerged among various stakeholders in reforming Indonesia’s Law No. 30 concerning arbitration and alternative dispute resolution. The existing Arbitration Law is increasingly viewed as outdated and misaligned with global developments in arbitration. While the need to update Indonesia’s Arbitration Law is evident, it is essential to approach this reform with a well-defined direction rather than merely following current trends without purpose. This study explores the foundational paradigms that could guide Indonesia’s Arbitration Law reform. The study employs a normative legal research method, utilising both statutory and conceptual approaches. The findings suggest that the universalistic particularism paradigm could serve as a basis for reforming Indonesian Arbitration Law. It is recommended that the current Arbitration Law be maintained for domestic arbitration, while the UNCITRAL Model Law on International Commercial Arbitration should be adopted for international arbitration matters.
Special Testimony as a Reforming Concept in the Indonesian Juvenile Criminal Justice System Anam, Khairil; Windari, Rusmilawati
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.2

Abstract

Children who have suffered from sexual violence face an increased risk of re-victimisation during judicial proceedings. A study by Hannah (2019) and Nina Papalia (2021) indicated that approximately 50% of child victims experience re-victimisation during trials, as they are required to relive their traumatic experiences. Countries like Norway and Brazil have introduced additional preventive measures to mitigate these negative effects. This normative study utilises statutory, conceptual and comparative approaches, aiming to examine the regulations governing the testimony of child victims of sexual violence in Indonesia, Norway and Brazil. Additionally, it seeks to identify positive aspects that could enhance Indonesia’s juvenile justice system. The findings suggest that Brazil’s ‘Special Testimony’ model for child testimony is more suitable for adoption in Indonesia than the ‘Nordic Model’ used in Norway. The ‘Special Testimony’ approach that could be integrated into Indonesia’s juvenile justice system includes (1) conducting investigations with electronic recording, which can be used as evidence in court; (2) having testimony examined by a psychologist or investigator trained in child psychology; (3) limiting a child’s testimony to a single occurrence during the investigation stage, unless deemed necessary by the judge; and (4) utilising technology or electronic devices during special examinations by a psychologist in a designated interview room.

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