Law and Justice
Law and Justice e-ISSN:2549-8282 is a publication which contains information, communication, and development of law science. This journal discuss about legal studies which are the result of research in the field of law to promote the value of transedental, the value of nationalism, and the values of democracy and Pancasila.
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<![CDATA[Juridical Analysis of Lawsuits Case for Unlawful Acts of the Invalidity of Transfer of Property Rights to Movable Properties ]]>
<![CDATA[Laksana, Fathalya]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/laj.v5i2.10003
<![CDATA[This study aims to determine the validity of the transfer of property rights to movable property in the context of assets in marriage and the suitability of the judge's decision in his consideration, which states that the Defendant committed an illegal act in the Supreme Court Decision Number 1081K / PDT / 2018. The research method used is a literature study with a normative juridical approach using secondary data in the form of expert opinion and existing theories. This study's findings indicated that the legal basis regarding the transfer of property rights to movable objects in a sale and purchase agreement is regulated explicitly in Article 1457 of the Civil Code. Besides, it is also necessary to pay attention to Article 1320 of the Civil Code regarding the terms of the validity of the agreement and Article 36 of the Marriage Law No. 1 of 1974 concerning the property in marriage. The application of these rules ensures the transfer of property rights to goods being traded, especially the sale and purchase agreement of joint property common in Indonesia. The regulations stipulated in the Civil Code in book 3 concerning engagement, especially regarding sale and purchase agreements, are useful as a guide for the community in taking legal actions in terms of their assets so that they are not mistaken in applying the law. Unlike previous studies, this study focuses more on buying and selling regulations where the sale and purchase object is the property in marriage. Keywords: Sale and Purchase, Actions against the Law, Agreement, Marriage]]>
<![CDATA[Implementation Of Laws On The Criminal Jurisdiction System Using A Restorative Justice Approach (A Case Study at ‘Aisyiyah Legal A id Institute, Central Java) ]]>
<![CDATA[Aripin, Zaenal]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/laj.v5i2.11267
<![CDATA[This article aims to determine the implementation of the juvenile criminal justice system law in upholding child criminal law in Surakarta, explain the process of assistance for victims and child offenders who are dealing with the law with a restorative justice approach in the form of diversion, and explain the obstacles found LBH (Legal Aid) 'Aisyiyah Central Java in law enforcement which acts as a child crime in Surakarta. This study uses an empirical approach. This research was conducted by examining primary data in the field, namely LBH Aisyiyah Central Java in the form of facts about the results of research directly at the research location and the results of interviews with members of advocacy organizations at LBH 'Aisyiyah, Central Java and in the Legal and Human Rights Council of' Aisyiyah Regional Leaders. Central Java and secondary data. The results showed that based on the results of the study in 10 criminal cases committed by children who were resolved by diversion in Surakarta, they had fulfilled and were in accordance with the Articles regulating diversion in the SPPA Law. Â Whereas the concept of diversion has been running in Surakarta with many determinations of the results of a diversion agreement between the families of the victims and the families of the perpetrators and also LBH (Legal Aid) or related LSM (Non-Govermental Organization) Â for crimes committed by minors. So that the application of the Law on Juvenile Criminal Justice System in law enforcement of child criminal acts has been running quite effectively. Â Keywords: SPPA Law, diversion, restorative justice, Surakarta]]>
<![CDATA[Actualization of The Election Supervision Institutions Role in The Recondition of The Post Dynamics of Dispute Dynamics 2019 ]]>
<![CDATA[Cahyaningrum, Rima Cantika]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/laj.v5i2.9632
<![CDATA[This article aims to analyze the impact of the dynamics of the 2019 General Election (Pemilu) dispute and provide an idea of restoring the image of the election in society after the contestation conflicts that have occurred. The method used in this research is descriptive method to present a complete overview of the social setting for exploration and clarification of a social phenomenon or reality. In this case, this is a negative overview because of the 2019 election dispute, by describing a number of variables with respect to the problem and the unit studied between the phenomena being tested. The results of the research show that the holding of elections as one of the steps in realizing a democratic state has become a chaotic political event because some of the methods taken by election participants are to discredit other participants to get votes. This method not only brings a bad overview not only to the participants, but also to the implementation of elections that can result in disruption of security and stability in the condition of society in Indonesia. The novelty of this research is the need to optimize the role of the election supervisory institution as one of the election organizers to improve a good overview of democracy]]>
<![CDATA[Impact of Structured, Systematic and Massive Violations In the General Election ]]>
<![CDATA[Mahyudin, Mahyudin]]>;
<![CDATA[Haryanto, Edy]]>;
<![CDATA[Marsinah, Rahmah]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/laj.v5i2.11811
<![CDATA[Authority in resolving disputes regarding the results of general elections is the authority of the constitutional court granted by the constitution. While the authority in resolving violations is structured, systematic and massive is the authority of the electoral supervisory body granted by law. In the dispute over the results of the general election, which was decided by the constitutional court, the constitutional court did not have the authority to test the petition filed on the basis of a structured, systematic and massive violation because the constitutional court only based on the dispute over the results as intended in its authority. The court verdict has been in accordance with the authority held according to the original instruction given by the constitution, which wants the implementation of elections that are sovereign and carried out on a direct, public, free, confidential, honest and fair basis.]]>
<![CDATA[Policy Review On Returning Protected Area East Coast Of Surabaya ]]>
<![CDATA[Herdinawati, Betty]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/laj.v5i2.8000
<![CDATA[This study aims to identify steps to restore the function of the protected area of East Coast of Surabaya (Pamurbaya) by the government, to analyze the impact on the fulfillment of the rights of the people residing at Wisma Tirto Agung Phase IV, and to analyze the impact caused by evictions. This study used a qualitative analysis method with sociolegal research type, as well as an empirical juridical approach. The data used are primary data sourced from interviewers and other secondary data. This research was conducted on the basis of a violation of the sale and purchase of land plots which continued with the construction of residents' houses in the protected area of East Coast Surabaya (Pamurbaya), namely in Gunung Anyar District, Rungkut District, Sukolilo District and Mulyorejo District. The results of this study indicate that the Surabaya Municipal Government has not provided a clear solution to the cases that occurred so that the residents of Wisma Tirto Agung stage IV continue to live in their respective homes. The plan to return the function of the protected area by means of eviction is still in the assessment stage because the Surabaya City Government cannot decide to evict without paying attention to the rights of the community to have a proper place to live. In carrying out evictions, of course there are impacts that arise from psychological, economic, and social aspects. Keywords: Protected Area, Right to House, Eviction]]>
<![CDATA[Tracking Democracy In Islam ]]>
<![CDATA[Junaidi, M.]]>;
<![CDATA[Sudaryono, Sudaryono]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/laj.v5i2.12489
<![CDATA[This paper aims to answer the question “Is democracy in conflict with Islam?â€Â This paper also discusses the values contained in democracy. This paper uses a normative legal research method that is descriptive and analytic to describe the implementation of government systems and political systems in Islam. Then analyze it with democratic values as a system of government and a political system. The research results obtained a brief description of democracy as a political system and government system in the era of the Prophet and the era of Khulafaturrasyidin to determine the democratic values contained. In the end, this paper is one of the answers to the discourse that has been a growing polemic between democracy and Islam.]]>
<![CDATA[Legal Analysis of Shareholders as an Organ of The Company Viewed From Commercial Code ]]>
<![CDATA[Nugraheni, Prasasti Dyah]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/laj.v5i2.9808
<![CDATA[This paper aims to explain the authority possessed by the members of Shareholders in the Articles of Association. In Articles of Association of Limited Liability Company, it contains regulations governing an operational activity that will become the purpose of Limited Liability Company. The Articles of Association have compelling and binding nature for all members of Shareholders, all members of the Board of Commissioners, and all members of the Board of Directors. Members of Shareholders are an organ owned by Limited Liability Company whose authority owned by all members of the Board of Commissioners and all members of the Board of Directors. One of the authorities possessed by the members of Shareholders is to appoint the members of the Board of Commissioners and members of the Board of Directors. In this paper, the author used research methods of normative and juridical, meaning that the writing method is carried out by analyzing secondary legal materials or library materials to find solutions to problems of legal problems arising and to use a problem approach based on laws or legal rules in general about the powers of the shareholders that apply to such event and approach the problem based on a conceptual basis. The results show that the position of the shareholders is not higher than and even equal to the position of the Board of Commissioners and Board of Directors. Whereas in the Indonesian Commercial Code, it stipulates that the position of shareholders is the highest in a Limited Liability Company.Keywords: Authority of Shareholders; Company Law Number 40 of 2007; Limited Liability Company]]>
<![CDATA[Legal Analysis of Shareholders as an Organ of The Company Viewed From Commercial Code ]]>
<![CDATA[Prasasti Dyah Nugraheni]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surakarta ]]>
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DOI: 10.23917/laj.v5i2.9808
<![CDATA[This paper aims to explain the authority possessed by the members of Shareholders in the Articles of Association. In Articles of Association of Limited Liability Company, it contains regulations governing an operational activity that will become the purpose of Limited Liability Company. The Articles of Association have compelling and binding nature for all members of Shareholders, all members of the Board of Commissioners, and all members of the Board of Directors. Members of Shareholders are an organ owned by Limited Liability Company whose authority owned by all members of the Board of Commissioners and all members of the Board of Directors. One of the authorities possessed by the members of Shareholders is to appoint the members of the Board of Commissioners and members of the Board of Directors. In this paper, the author used research methods of normative and juridical, meaning that the writing method is carried out by analyzing secondary legal materials or library materials to find solutions to problems of legal problems arising and to use a problem approach based on laws or legal rules in general about the powers of the shareholders that apply to such event and approach the problem based on a conceptual basis. The results show that the position of the shareholders is not higher than and even equal to the position of the Board of Commissioners and Board of Directors. Whereas in the Indonesian Commercial Code, it stipulates that the position of shareholders is the highest in a Limited Liability Company.Keywords: Authority of Shareholders; Company Law Number 40 of 2007; Limited Liability Company]]>
<![CDATA[Juridical Analysis of Lawsuits Case for Unlawful Acts of the Invalidity of Transfer of Property Rights to Movable Properties ]]>
<![CDATA[Fathalya Laksana]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surakarta ]]>
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DOI: 10.23917/laj.v5i2.10003
<![CDATA[This study aims to determine the validity of the transfer of property rights to movable property in the context of assets in marriage and the suitability of the judge's decision in his consideration, which states that the Defendant committed an illegal act in the Supreme Court Decision Number 1081K / PDT / 2018. The research method used is a literature study with a normative juridical approach using secondary data in the form of expert opinion and existing theories. This study's findings indicated that the legal basis regarding the transfer of property rights to movable objects in a sale and purchase agreement is regulated explicitly in Article 1457 of the Civil Code. Besides, it is also necessary to pay attention to Article 1320 of the Civil Code regarding the terms of the validity of the agreement and Article 36 of the Marriage Law No. 1 of 1974 concerning the property in marriage. The application of these rules ensures the transfer of property rights to goods being traded, especially the sale and purchase agreement of joint property common in Indonesia. The regulations stipulated in the Civil Code in book 3 concerning engagement, especially regarding sale and purchase agreements, are useful as a guide for the community in taking legal actions in terms of their assets so that they are not mistaken in applying the law. Unlike previous studies, this study focuses more on buying and selling regulations where the sale and purchase object is the property in marriage. Keywords: Sale and Purchase, Actions against the Law, Agreement, Marriage]]>
<![CDATA[Implementation Of Laws On The Criminal Jurisdiction System Using A Restorative Justice Approach (A Case Study at ‘Aisyiyah Legal A id Institute, Central Java) ]]>
<![CDATA[Zaenal Aripin]]>
<![CDATA[ Law and Justice Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surakarta ]]>
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DOI: 10.23917/laj.v5i2.11267
<![CDATA[This article aims to determine the implementation of the juvenile criminal justice system law in upholding child criminal law in Surakarta, explain the process of assistance for victims and child offenders who are dealing with the law with a restorative justice approach in the form of diversion, and explain the obstacles found LBH (Legal Aid) 'Aisyiyah Central Java in law enforcement which acts as a child crime in Surakarta. This study uses an empirical approach. This research was conducted by examining primary data in the field, namely LBH Aisyiyah Central Java in the form of facts about the results of research directly at the research location and the results of interviews with members of advocacy organizations at LBH 'Aisyiyah, Central Java and in the Legal and Human Rights Council of' Aisyiyah Regional Leaders. Central Java and secondary data. The results showed that based on the results of the study in 10 criminal cases committed by children who were resolved by diversion in Surakarta, they had fulfilled and were in accordance with the Articles regulating diversion in the SPPA Law. Whereas the concept of diversion has been running in Surakarta with many determinations of the results of a diversion agreement between the families of the victims and the families of the perpetrators and also LBH (Legal Aid) or related LSM (Non-Govermental Organization) for crimes committed by minors. So that the application of the Law on Juvenile Criminal Justice System in law enforcement of child criminal acts has been running quite effectively. Keywords: SPPA Law, diversion, restorative justice, Surakarta]]>
