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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 414 Documents
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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.
The KPK'S Investigation Termination Warrant (SP3) Authority: Endeavours To Prevent Abuse Of Power Mohammad Syaiful Aris; Nahdyan, Auly; Abrianto, Bagus Oktafian
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.9

Abstract

The Corruption Eradication Commission (KPK) is a state entity created under Law No. 30 of 2002 in Indonesia to support the prosecutor’s office and the police in combating corruption. Law No. 30 of 2002 has been subject to multiple judicial reviews by the Constitutional Court (MK). In 2019, a proposal was submitted to amend Law No. 30 of 2002. The modification of the Law has both advantages and disadvantages, with some viewing it as weakening the KPK by categorising it inside the executive branch, thereby impacting the agency’s independence. One of the main focuses of this Article is the authorisation of the KPK to issue a Warrant to Terminate Investigation (SP3). SP3 results from the legal principle of defending human rights and serves as a tool for checks and balances, but it can also be prone to misuse. The research focuses on two main issues: changes in the KPK’s authority and the KPK Institution’s deconstruction. Secondly, the consequences of the KPK issuing SP3 and the risk of authority misuse in combating corruption. This study involves legal research utilising both statutory and conceptual approaches. This paper intends to evaluate the various ways in which power abuse might occur within a corruption eradication system, specifically focusing on delegating authority to the KPK in issuing SP3 from a constitutional standpoint. The conclusions of this study provide a way to prevent the abuse of SP3 through reporting procedures and case titles at the KPK Supervisory Board (Dewas). In addition, the method should include authorising the KPK to revoke SP3.
Cirebon Regional Government Policy To Protect Child Victims Of Sexual Violence Waluyadi; Marlina, Tina; Gumilang, Iwan G.; Irwany Indriyanti, Diah; Yuniarsih Genuni, Rianda
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.6

Abstract

This paper examines victims from the standpoint of criminal law, as well as the Cirebon Regency government’s policy and implementation for protecting child victims of sexual violence based on a sociolegal method supported by primary and secondary data. Data collection is based on literature studies, documentary studies, and interviews. Research data were analysed based on a qualitative method. The findings of the study reveal that victim protection in criminal law is indirect. The Cirebon Regency government established regional regulations, regent regulations, and regent instructions to protect child victims of sexual violence. A non-governmental organisation in the Cirebon Regency shows concern about child victim protection since the protection of child victims of sexual violence in the Cirebon Regency has not been appropriately implemented.
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.
The Sale of Prescription Medicines Through E-Commerce Platform Without Prescription: Between Urgency And Compliance Shalmont, Jerry; Darmawan, Grace Iskandar; Dominica, Dora
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.2

Abstract

The sale of prescription medicines through e-commerce platforms is allowed by attaching the original medical prescription (electronic or handwritten prescriptions) and uploading it to the platforms. However, some parties sold it without the prescription, and some consumers still purchased those medicines. This research is focused on the cause of high demand in terms of the sale and purchase of prescription medicines without medical prescriptions on e-commerce platforms, as well as relevant solutions. This research is normative – empirical legal research, using regulatory and conceptual approaches. Based on the questionnaire and interview results, the consumers purchased those medicines through e-commerce platforms without prescription due to urgent needs. The analysis shows that a lack of consumer awareness of their rights is the main culprit of this phenomenon. In short, consumer awareness needs to be improved regarding compliance with the relevant laws and regulations for safety reasons.
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.
Urgent Implementation of Regulatory Technology and Supervisory Technology in the Financial Technology Industry Hapsari , Recca Ayu; Resmi, Mahkota Djati Sinto; Safitri, Melisa
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.4

Abstract

Financial technology represents a significant innovation in Indonesia’s financial sector, encompassing regulation, practice, and oversight. While fintech has expanded rapidly, the surge in users has led to more complex products. This complexity increases the susceptibility of fintech to abuses, heightening risks of fraud, money laundering, and predatory lending. To mitigate these risks, the implementation of financial technology must be rigorously regulated and supervised, supported by advancements in regulatory and supervisory technology. This study aims to conduct a juridical analysis of regulatory and supervisory technology in the financial technology industry, exploring how these technologies are applied to enhance compliance and oversight. This study uses empirical methods with a qualitative-descriptive analysis approach and a socio-legal approach. The study results found that regulatory technology and supervisory technology are regulated in Articles 19 and 22 of the Financial Services Authority Regulation Number 13/POJK.02/2018 concerning Digital Financial Innovation in the Financial Services Sector. Financial technology operators carry out regulatory technology implementation with five basic regulatory technology implementation programs, namely e-KYC, e-reporting, fraud detection, regulatory compliance, and risk management, as well as the application of supervisory technology carried out by regulators with five basic programs for implementing supervisory technology, namely in the form of data analytics, e-reporting, tax reporting mining, customer support technology, and e-licensing.
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.
History of The Development of The Principle of Delegatus Non-Potes Delegare and Its Implementation Al-Fatih, Sholahuddin; Fadli, Moh.
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.12

Abstract

The origin of the principle of delegatus non potes delegare is often debated in academic circles. This principle is essential because it is the basis for the origins of several policies and other legal rules, such as delegated legislation. This article traces the origins of the delegatus non potes delegare principle and the development of delegated legislation in several countries, including Indonesia. Using legal research methods with conceptual and historical approaches, this article finds that the delegatus non potes delegare principle was first used in Paris, France, in 1566. Thereafter, the use of the principle continued to develop until its implementation in delegated legislation. This article provides an overview of implementing delegated legislation in several countries, namely, the United States, United Kingdom, Germany, Netherlands, France, India, Nigeria, Australia, Indonesia and in one supra-national region, namely, the European Union. Three critical aspects must be considered in the implementation of delegated legislation: the arrangement, the supervisory body/institution, and the form of supervision.
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.

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