JILPR Journal Indonesia Law and Policy Review

Legal Position on The Concept of Civil Relations with Respect to Out of Wedding Children

2024-02-19T11:43:06+00:00

Analyzing the position or legal status of illegitimate children from a Civil Law perspective and analyzing whether or not illegitimate children have the right to inherit from their biological father. Theoretically, the results of this research can be useful and contribute ideas to society in understanding what is meant by the relationship with the legal position of illegitimate children in the concept of civil law. Practically, it can provide input for legal practitioners so that it can be used as a basis for thinking in terms of the legal position of illegitimate children in the concept of civil law. The first research result obtained is to know the position of illegitimate children in a civil law perspective which is divided into 2 (two), namely children who are born out of wedlock, but can be recognized in an authentic way and children who are born out of wedlock but cannot be recognized. The second research result is that illegitimate children who have received recognition from their biological father have the right to inherit from their biological father based on Constitutional Court Decision Number 46/PUU-VIII/2010 which decides that Article 43 Paragraph (1) of the Marriage Law which must then be read with "children born out of wedlock only have a civil relationship with their mother and their mother's family and with a man as their father who can be proven based on science and technology and/or other evidence according to law to have a blood relationship, including a civil relationship with their father's family ”. However, the distribution measurement still refers to the Civil Code.

Implementation of Debtor Law in Force Majeure Credit Financing During The Covid-19 Pandemic

2024-02-19T11:43:01+00:00

The COVID-19 pandemic has had an impact on the economy, especially the people of Kudus Regency. This research uses an empirical juridical approach, namely an approach that examines statutory regulations related to the issues to be discussed, and also takes a field approach to obtain information as supporting material. This research aims to analyze the implementation of the law and the legal consequences for debtors in Force Majeure in credit financing during the COVID-19 pandemic at PT. Bank Rakyat Indonesia Kudus Regency Unit Office. Implementation of law on debtors in Force Majeure credit financing during the COVID-19 pandemic at PT. BRI Kudus Regency Unit Office in accordance with POJK No.11 of 2020, the Bank can provide credit financing restructuring to debtors provided that the debtor is affected by the spread of COVID-19 which results in the debtor having difficulty fulfilling obligations to the Bank.

Enhancing the Jurisdiction of the Regional Notary Supervisory Council of West Nusa Tenggara Province in the Advancement and Oversight of Notaries

2024-03-08T13:43:11+00:00

The position and authority of a Notary is crucial in ensuring legal clarity for individuals while undertaking legal activities. The behavior and actions of a Notary are very susceptible to abuse of their professional position, which can have negative consequences for society. In order to mitigate community losses, the establishment of a regulatory entity to oversee notaries is important. The research use the normative law research method to identify a legal rule, legal principles, and legal doctrines that can address the current legal difficulties. According to the findings of the research on the Enhancement of Authority of the Notary Regional Supervisory Council in the Development and Oversight of Notaries, the Notary Supervisory Board is empowered to conduct administrative oversight, and sanctions serve as legal repercussions for the decisions made by the Supervisory Board against a Notary who breaches the regulations pertaining to the execution of their duties in the position of a Notary, as stipulated in Legislation regarding the role and responsibilities of a Notary.

An Ideal Concept of Ad Hoc General Election Supervisors to Handle The Code of Ethics

2024-03-08T13:43:09+00:00

It is crucial to establish a code of ethics for ad hoc General Election observers in order to guarantee the integrity, fairness, and transparency of the democratic process. The objective of this research is to identify and examine the optimal approach for addressing infractions of the Code of Ethics for Ad Hoc General Voter Supervisors. The research employed normative legal research methodology, specifically utilizing a statutory and conceptual approach. An effective approach to addressing violations of the code of ethics for ad hoc general voter supervisors is to withdraw the authority of The General Election Supervisory Agency in handling such violations. This is in accordance with Article 10 of DKPP Regulation Number 3 of 2017, which has been recently amended through Election Organizer Ethics Council (DKPP) Regulation Number 1 of 2021. The amendment establishes a Regional Audit Team at the Regency/City level to conduct inspections and address code of ethics violations committed by ad hoc general voter supervisors.

Legal Certainty-Based Implementation of Exploration and Exploitation Authorization Permits in Iron Sand Mines

2024-03-08T13:43:05+00:00

Iron sand mining in the Dedalpak Block began in 2009 where the authority to grant mining permits ranging from mining business permits (IUP) exploration to mining business permits (IUP) for production operations was issued by the Regent of East Lombok by adhering to article 37 of Law Number 4 of 2009. However, with the enactment of Law Number 32 of 2014 Challenging Regional Governments, the authority of the iron sand mining permit was taken by the NTB Provincial Government, then with the presence of Law Number 3 of 2020 the authority for iron sand mining business licenses by PT. AMG was taken over by the Centre. In its implementation, iron sand mining by PT. AMG with the enactment of Law Number 3 of 2020 has a significant impact on the mining licensing process for iron sand production in the Dedalpak block of East Lombok, where the central government through the Director General of Energy and Mineral Resources requires thirteen conditions so that the IUP for production operations can be obtained by PT. AMG. The company, however, has not been able to meet five requirements, so its license was suspended. Another impact, the community in the Dedalpak block circle resisted by going to race through a series of protests for the mining to be closed, because it caused a large environmental impact.

Projection of Predatory Pricing Dispute Resolution in The Context of Business Competition Between UMKM in The Digital Economy Era Based on Win-Win Solution

2024-03-08T13:43:02+00:00

Predatory pricing disputes between UMKM have been in the public spotlight since the alleged practice of predatory pricing by UMKM businesses selling through the Tik-Tok Shop application. UMKM players in the Jakarta Tanah Abang Market suffered losses due to lack of visitors because the products sold through the Tik-Tok Shop application were twice as cheap. Government policy by modifying the Regulation of the Minister of Trade as a responsive effort in anticipating Predatory Pricing disputes, instead causing losses to Tik-Tok Shop UMKM actors. This research aims to analyze the regulation of Predatory Pricing dispute settlement on business competition practices among UMKM, as well as to offer ideas on the projection of Predatory Pricing dispute settlement on business competition practices among UMKM based on win-win solution. This is a normative research, with statutory, conceptual and comparative law approaches, and analyzed perscriptively. The results of this research show that, First, the Law on Business Competition and Anti-Monopoly, the Law on UMKM, the Law on Trade and the Regulation of the Minister of Trade on PMSE have not regulated the dispute settlement of Predatory Pricing practices in the context of Business Competition between UMKM. Second, the projection of Predatory Pricing dispute settlement in business competition among UMKM must be done by optimizing out-of-court settlements, involving the role of UMKM organizations in Indonesia, assessing with the Rule of Reason approach, and containing business competition dispute settlement norms in the UMKM Law.

Ghosting Phenomenon in Interpersonal Communication of Bumble Application Users

2024-03-08T13:42:58+00:00

Technological developments have made it easier for humans to build interpersonal relationships, one of which is using dating apps. One phenomenon that is often found in dating apps is the ghosting phenomenon. The ghosting phenomenon is an indirect termination of relationships that can hinder communication. However, many adult couples often fail or experience a breakup when they are at the approach stage. In general, someone experiencing the termination of a relationship or losing a partner can be a very traumatic and sad experience and can disrupt a person's mental health. This research aims to find out at what stage the ghosting phenomenon occurs in interpersonal communication on the dating app Bumble. This research uses a phenomenological research method with a qualitative approach, data collection techniques of in-depth interviews and observation. The theory used is the Social Penetration Theory which has four stages in a relationship, namely the orientation stage, affective exploratory exchange, affective exchange and stable exchange. The results of this research show that the ghosting phenomenon can occur at every stage of a relationship, during the introduction stage or when the relationship is already close to each other. This experience of ghosting behavior also creates communication barriers between people and leaves the victim feeling uncomfortable.

Meme Symbolization in New Media as A Representation of Political Communication in The Digital Space

2024-03-08T13:42:53+00:00

This research wants to see the meme symbol as a representation of political communication in the new media or digital space. What new media and digital space conveyed by Jurgen Habermas are used as public spaces, where users can interact and transact in new meida digital spaces. The presence of new media and digital space in the midst of society provides a variety of choices for the public to determine what information and messages will be carried out when the mass media is in front of them in their daily life. Therefore, this research focuses on a meme terminology. Memes in mass media and digital space are often found in various styles. But what's interesting is how memes themselves are contextualized in the context of political communication. Research using a qualitative approach is of course in the form of obtaining data and describing the data, according to field data

Implementation Of Death Crime Executions for Class I Narcotics Distributors

2024-03-08T13:42:23+00:00

The enactment of Law Number 35 of 2009 concerning Narcotics, types of Psychotropics class I and class II as stated in the attachment to Law Number 5 of 1997 concerning Psychotropics have been moved to Narcotics class I in Law Number 35 of 2009 concerning Narcotics and the attachment regarding types of Psychotropics class I and class II in Law Number 5 of 1997 concerning Psychotropic Substances are revoked and declared invalid. With this figure, the level of narcotics use in Indonesia is the largest in Asia. Indonesia is considered a drug emergency, the process of executing the death penalty does not have a deterrent effect on drug dealers or smugglers. The problem is, how to carry out the execution of the death penalty for class I narcotics dealers and what are the obstacles to not immediately carrying out the death penalty for class I narcotics dealers. The research method used is Empirical Normative Legal Research. In conclusion: The death penalty imposed by a court in a general court or military court environment is carried out by being shot to death. This provision does not reduce existing provisions in the criminal procedural law regarding carrying out court decisions. Based on Law No. 35 of 2009 concerning Narcotics. And the factors that cause obstacles in the implementation of the death penalty include legislative factors (legal substance), law enforcement factors, means and facilities factors, and community factors.

Enforcement of the Criminal Act of Trafficking in Women

2024-03-08T13:42:20+00:00

Cases of human trafficking in Indonesia are currently very widespread. Apart from being used as sexual exploitation in Indonesia, the most common cases of human trafficking in Indonesia are cases of prostitution where people are trafficked in providing sexual services that can be ordered online. This of course creates unrest among the wider community. There are so many cases of human trafficking in cyberspace that occur and of course many of these cases have not been revealed because apart from the performance of law enforcement officers, it is also due to the inadequate legal regulations and criminal sanctions in dealing with human trafficking cases in cyberspace. cyberspace. The provisions in Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Human Trafficking do not regulate in detail all aspects regarding sanctions, elements and other matters regarding human trafficking. in cyberspace, both from Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking and it is felt necessary to revise or further refine existing regulations so that later criminal sanctions can be imposed. These regulations can be used as a countermeasure. In this research, researchers try to examine the case of Decision Number 841/Pid.Sus/2019/PN Mdn and Decision Number: 180/Pid.Sus/2016/PN Psp, Decision Number 841 / Pid.Sus / 2019 / PN Mdn and in the research This time, researchers tried to examine the case of Decision Number 841/Pid.Sus/2019/PN Mdn and Decision Number: 180/Pid.Sus/2016/PN Psp, Decision Number 841 / Pid.Sus / 2019 / PN Mdn with the defendant named Mujiono alias Edak is an entrepreneur whose address is Hamlet III, Liberia Village, Kec. Mengkudu Bay District. Serdang Bedagai. The public prosecutor has submitted the defendant to trial on the charge of declaring that the defendant MUJIONO als EDAK has been legally and convincingly proven to have committed a criminal act ", who carried out recruitment, for the purpose of exploiting said person in the territory of the Republic of Indonesia" as regulated and punishable by crime in Article 2 of the Law Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking.

Law Enforcement Against Criminal Acts of Corruption in The Form of Abuse of Authority in Office Based on The Law on Eradication of Corruption Crimes

2024-03-08T13:42:17+00:00

The concept of abuse of authority in the Government Administration law is seen by several legal experts as the same as the concept of abuse of authority because it is the absolute competence of the Administrative Court in the Corruption Eradication law. The research method used is Case Study Decision Number Case Study Decision Number 218 PK/PID.SUS/2019 and Decision Number 143 PK/PID.SUS/2019, where both decision cases involve criminal acts of corruption in the form of abuse of authority in office. Based on Law no. 31 of 1999 Jo Law no. 20 of 2021 concerning the Eradication of Corruption Crimes. The conclusion is that the application of sanctions against criminal acts of corruption in Decision Number 218 PK/Pid.Sus/2019 and Decision Number 143PK/Pid.Sus/2019, the panel of judges imposed imprisonment/imprisonment and fines, the imposition of fines as an implementation of the balance value can be applied as long as In certain circumstances, the perpetrator of a criminal act of corruption is not a recidivist, then as a balanced punishment, apart from imposing a fine, assets can also be confiscated, this is so that the imposition of the fine can be used as a lesson or legal perspective for the wider community, rather than just being sentenced to imprisonment/ prisons are indeed less effective, because in the implementation of confinement/imprisonment sentences there are still leniencies which do not actually have a deterrent effect on perpetrators of criminal acts.

Criminal Responsibility of Criminal Acts of Hate Speech Through Social Media

2024-03-08T13:42:14+00:00

The development of information technology has changed the lifestyle of Indonesian people, including expressing their opinions through various social networking sites such as Facebook, Instagram, Twitter, WhatsApp and various other types of social media. The research method used isNormative legal research is a legal research method that examines applicable legal provisions.Freedom to express written and oral opinions has become the right of every Indonesian citizen which is regulated in Article 28 of the 1945 Constitution of the Republic of Indonesia. In this era, people can easily access social media and express their opinions. Every opinion must be accountable and must not conflict with existing norms. Unlimited freedom of opinion can result in criminal acts of hate speech. Case Study of Decision Number 914/Pid.Sus/PN.Jkt.Pst and Decision Number 63/Pid.Sus/2019/PN.Sdw, where in both cases the decision involved criminal acts of hate speech. The crime of hate speech in Indonesia has not been specifically regulated in any statutory regulations. Criminal liability for perpetrators of criminal acts of hate speech on social media is generally regulated in the Criminal Code (KUHP) and in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.

Function Of Notary In The Appointment Of Extra-Marital Children As Testamento Heirs

2024-03-08T13:42:27+00:00

In inheritance law, it has been regulated regarding inheritance for extra-marital children differently in accordance with the principles regulated by civil inheritance law which certainly rests on justice. In a condition where an extra-marital child who does not get recognition, can get inheritance through testamentair or will. The granting of a will containing efrstelling in the form of an openbaar testament to an unrecognized extra-marital child is an effort to fulfill a sense of justice. Justice is basically a relative thing, which does not always have to be the same, something can be said to be fair if it has done something according to the appropriate provisions. As the concept of distributive justice put forward by Aristotle, namely justice that gives everyone a portion according to their achievements. This legal research method is normative legal research. The approaches in this research are statutory, and conceptual approaches. The results of this study state that wills containing efrsteling against unrecognized extra-marital children in the form of openbaar terstamen have provided a sense of justice. This is because the Openbaar testament to an unrecognized extra-marital child has fulfilled the provision of rights to all heirs including extra-marital children who get a share in the inheritance, in other words, the principle of justice has been fulfilled due to the openness of the testator made before a notary and in the presence of witnesses. The notary plays a role in providing legal counseling to the person who will make a testament on an extra-marital child. The granting of Openbaar Testamen to extra-marital children has fulfilled a sense of justice. This is because the Openbaar Testament is an open form of testament so that the child outside of marriage can know the part to which he is entitled.

Analysis of the Director General of Islamic Bimas Circular Letter Concerning Husband's Marriage During the Wife's Iddah Period

2024-03-23T11:57:14+00:00

Marriages are carried out with the aim of achieving peace, inner and outer happiness, but along the way the marriage does not turn out as expected. There are many breakdowns in marriages. Not a few marriages even occur among ex-husbands during the Iddah period. This is not permitted considering that the husband still has responsibilities towards his wife who is still in the Iddah period. Based on this, this research aims to analyze husbands' marriage problems during the wife's iddah period at the East Lampung Religious Affairs Office, and after studying the Circular Letter of the Director General of Islamic Community Guidance Number P-005/DJ.III/Hk.00.7/10/2021. The method used in this research is descriptive analytical qualitative with secondary data and primary data from documents from the East Lampung Religious Affairs office. Data collection techniques were carried out using interviews, documentation, literature documents. The research results stated that the Circular Letter of the Director General of Islamic Guidance Number P-005/DJ.III/HK.00.7/10/2021 concerning Husband's Marriage during the Wife's Iddah Period prohibits husbands from marrying. The aim of this circular is to create gender justice and benefit between couples in iddah arrangements.

Dispute over Sasak Customary Inheritance Rights and the Evolution of Granting Inheritance Rights to Girls

2024-03-23T11:54:45+00:00

A central concern in disputes concerning customary inheritance rights within the Sasak community of West Nusa Tenggara, Indonesia, pertains to the allocation of inheritance rights to daughters. This article examines recent modifications to the Sasak custom of granting inheritance rights to females, in addition to the historical and cultural context surrounding these rights. In accordance with empirical normative research, the author demonstrates that traditional inheritance practices are shifting to grant daughters inheritance rights. Multiple factors, including modernization, the legalization of gender issues, and social demands, support this. The complexities of granting females inheritance rights in traditional Sasak society and the resulting social and cultural transformations in the region are examined in this study. In Sasak customary law, the following elements contribute to disputes over the inheritance of girls: 1). Religious factors impede the development of customary law and legal choice ("in every legal choice, people will choose the law that is most profitable"); 2). Social relations and justice factors, as forces suppress every old law and switch to new ones; and 3) Factors of justice and social relations. 3. Legal subsystems and structural factors, which are an integral part of every legal system.