scholarly journals REKONSTRUKSI POLA PIKIR HAKIM DALAM MEMUTUSKAN PERKARA KORUPSI BERBASIS HUKUM PROGRESIF

2011 ◽  
Vol 11 (1) ◽  
Author(s):  
M Syamsudin
Keyword(s):  
Environmental Justice ◽  
Academic Question ◽  
Legal Issues ◽  
Legal Research ◽  
Empirical Reality ◽  
Interactive Model ◽  
Legal Problems ◽  
New Construction ◽  
The Law

This study aims to reveal and then reconstruct the mindset of judges in deciding corruption cases based Progressive Law. Academic question posed is whether the condition of existing as the mindset of judges in deciding cases of corruption and how to build a new construction mindset of judges based on the principles of Progressive Law. This research is classified in the tradition of non-doctrinal legal research with sosiolegal approach. Data collected by interview, observation and document study and then analyzed following the interactive model of Mattew B. Miles and A. Michael Haberman. The results of study indicate the need for new construction mindset of judges based progressive law. This is based on the empirical reality that the judge handling the case of corruption by many experienced deterioration and failure to bring the law in a fair, useful and protect the interests of society. The mindset of the judge who figured positivistic needs to be reorganized under the new progressive mindset in deciding the various legal problems that emerged recently that the more complex and complicated, especially in deciding the case of corruption. Judges at all levels of education and environmental justice needs to be improved for the judge able to resolve various legal issues properly, fairly and wisely.

Jak szukać i nie pogubić się w gąszczu przepisów? Problematyka prawna poszukiwań genealogicznych

2021 ◽  
pp. 179-192
Author(s):  
Aleksandra Kluczewska ◽  
Keyword(s):  
Death Certificate ◽  
Personal Data ◽  
Legal Issues ◽  
Legal Regulations ◽  
Valuable Source ◽  
Eu Regulation ◽  
Legal Problems ◽  
The Law ◽  
Administrative Courts ◽  
The Eu

For a genealogist, each birth, baptism, marriage and death certificate is a valuable source of research. It turns out, however, that genealogists in their work encounter obstacles related to the restriction of access to these sources. This “brake” is legal regulations that can effectively discourage a genealogist from continuing their research. The aim of this article is to present the legal issues of genealogical research, especially in terms of the practice of applying the law and emerging problems in jurisprudence. In her article, the author presented the currently existing legal regulations, which in some cases may hinder genealogists from accessing searches, including legal problems related to the EU Regulation on the Protection of Personal Data (GDPR) in force since May 2018. The article also presents the problem of access to genealogical research from its practical side, recalling the decisions of Provincial Administrative Courts and the Supreme Administrative Court.

scholarly journals MASLAHAH SEBAGAI TEORI PENETAPAN HUKUM: TELAAH ATAS KONSEP MASLAHAH IBNU QAYYIM AL-JAUZIYAH

2020 ◽  
Vol 8 (01) ◽  
pp. 39
Author(s):  
Dainori Dainori
Keyword(s):  
Legal Issues ◽  
Legal Problem ◽  
Legal Problems ◽  
Suitable Solution ◽  
The Law

In line with changes and the development of a society that is increasingly rapid, legal issues are increasingly complex. While every legal problem that develops in society is not all explicitly mentioned in the Koran, Hadith or ijma '. Whereas Islam as a religion must always be responsive and present to provide a solution to the growing legal problems. Mashlahah as one method of extracting the law is a suitable solution to address the legal problems that are developing at this time. However, so that the application of the mashlaah to explore and establish a law is not trapped in subjective matters and the interests of lust, then the use of these methods requires caution and understanding of the intact maqasid al-sharia and the use of strict mashlahah in accordance with the criteria that are Ulama 'Usul stipulated in order to achieve and find the law that is truly in accordance with the message of the law maker (shari'a).

scholarly journals PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 253-265
Author(s):  
Asuan Asuan
Keyword(s):  
Secondary Data ◽  
Civil Code ◽  
Legal Issues ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Government Regulations ◽  
The Law ◽  
Laws And Regulations

 Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

scholarly journals Legal Protection on Notary Who Made a Suspect in His Duty

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 1001
Author(s):  
Ine Rizka Ariyani ◽  
Gunarto Gunarto ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Public Interest ◽  
Legal Protection ◽  
Empirical Method ◽  
Legal Issues ◽  
Legal Research ◽  
Problems And Solutions ◽  
It Organization ◽  
The Law

Provisions concerning Notary regulated in Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary (hereinafter referred UUJN).[1] In Article 16 paragraph (1) letter (e) states that a Notary UUJN must preserve the confidentiality of all information obtained for a deed in accordance with their oath of office. In facing legal issues, Notary need an organization that can accommodate the aspirations and the problems it faces, so precisely that the Indonesian Notary Association (INI) into an organization that has continuity in carrying out the supervision, guidance and legal protection for a notary.The research objective is to analyze the legal protection of a notary is used as a suspect in the running of their office, to analyze problems and solutions of legal protection against notaries who serve as a suspect in carrying out his duties.The method used in this research is juridical empirical method is a method of legal research that attempts to view the law in terms of real or can be said to see, examine how the workings of the legal community.The results of this study finally provides an answer that before a notary dragged to criminal law to the case of giving false testimony, the investigator must know what the principal case of the case. Due to lack of caution can make  Notary as a suspect. Notaries in carrying out its duties merely formal and only constantire wishes of the parties and then poured into deed. Because there is one of the aggrieved party in the matter and notary asked by investigators to show the deed and is of public interest and obtain permission from MKN, then Article 16 (1) f and Article 54 UUJN about keeping positions can be ruled out because there are interests higher should notary testified that noataris released from his oath of office according to the rules applicable legislation. MKN legal protection given to the Notary ie if it will initiate an investigation or calling to the Notary must ask permission first terelebih to MKN, must coordinate with the IT organization or the competent senior Notary.Keywords: Legal Protection; Suspect; Notary. 

scholarly journals Modus Operandi Tindak Pidana Phising Menurut UU ITE

2021 ◽  
Vol 4 (6) ◽  
pp. 2525
Author(s):  
Vikran Fasyadhiyaksa Putra Y
Keyword(s):  
Secondary Data ◽  
Point Of View ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
Legal Principles ◽  
Legal Rules ◽  
The Law

AbstractPhishing is an act to commit fraud by tricking the target with the intention of stealing the target's account, by spreading broadcasts which are often carried out through fake emails with fake information that directs the target to a fake page to trap the target so that the perpetrator gets access to the victim's account. Phishing still has some obscurity, especially in the modus operandi of the perpetrator. Therefore, this research aims to analyze and explain the modus operandi of the criminal act of phishing according to the ITE Law. This research is a normative legal research. Because the writing of this research in seeking the truth in order to answer legal issues raised by the author uses secondary data to find legal rules, legal principles, and legal doctrines, and tends to image law as a perspective discipline, which means that only see the law from the point of view of the norms only, which of course is prescriptive. This approach uses a statute approach, a conceptual approach and a case approach.Keywords: Phishing Crime; Cyber; Operandi Mode.AbstrakPhising adalah suatu perbuatan untuk melakukan penipuan dengan mengelabui target dengan maksud untuk mencuri akun target, dengan cara menyebarkan broadcast yang seringkali dilakukan melalui email palsu dengan muatan informasi palsu yang mengarahkan target ke halaman palsu untuk menjebak target sehingga pelaku mendapatkan akses terhadap akun korban, Secara ringkas Perbuatan phising masih memiliki beberapa kekaburan terutama pada modus operandi pelaku. Oleh karena itulah penelitian ini bertujuan untuk menganalisis dan menjelaskan terkait modus operandi Tindak pidana Phising menurut UU ITE. Penelitian ini merupakan penelitian hukum normatif. Karena penelitian ini dalam mencari kebenaran guna menjawab isu hukum yang diangkat penulis menggunakan data sekunder untuk menemukan suatu aturan-aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum, dan cenderung mencitrakan hukum sebagai disiplin prespektif, yang berarti hanya melihat hukum dari sudut pandang norma-normanya saja, yang tentunya bersifat preskriptif. Pendekatan ini menggunakan pendekatan undang-undang (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Kata Kunci: Tindak Pidana Phising; Siber; Modus Operandi.

scholarly journals Pelaksanaan Peraturan Menteri BUMN Nomor: PER-01/MBU/2011 Tentang Penerapan Tata Kelola Yang Baik (Good Corporate Governance) Pada BUMN (Studi Kasus Di PT Perkebunan Nusantara IV)

2020 ◽  
Vol 2 (1) ◽  
pp. 23-32
Author(s):  
Rudi Hartono ◽  
Marlina Marlina ◽  
Muaz Zul Muaz Zul
Keyword(s):  
Corporate Governance ◽  
Corporate Culture ◽  
Limited Liability ◽  
Legal Issues ◽  
Added Value ◽  
Legal Research ◽  
Good Corporate Governance ◽  
The Board Of Directors ◽  
Barriers To Implementation ◽  
The Law

Good Corporate Governance can be understood as a set of regulations governing Limited Liability relationship between shareholders, management companies and other stakeholders with regard to the rights and obligations, one of which is the decision-making at the Board of Directors and Board of Commissioners. The provisions stipulated in the Regulation of the Minister of SOE No. PER-01 / MBU / 2011,  the publication of these regulations ultimately aims to create corporate  governance that provides added value for all parties. The research method used is a normative legal research methods that are qualitative, such methods researchers conducted a discussion of the law in legislation through legal theories that found the answers to legal issues in accordance with applicable regulations. Barriers to implementation of  Good Corporate Governance is composed of several factors, among others, legal, corporate culture and human resources, but the implementation of PT Perkebunan Nusantara IV remain committed. As part of its commitment to the forming section, which is responsible for monitoring and encouraging implementation of application in accordance with the provisions of the Law. 

scholarly journals DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 196-211
Author(s):  
Jasmaniar Jasmaniar ◽  
Sutiawati Sutiawati
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Dispute Resolution ◽  
Legal Research ◽  
Civil Case ◽  
Civil Process ◽  
Legal Problems ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases

AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.

scholarly journals Granting Business License to Fuel Traders “Pertamini” As a Form of Legal Protection

2021 ◽  
Vol 3 (1) ◽  
pp. 155-170
Author(s):  
Nirwan Junus ◽  
Karlin Zakaria Mamu ◽  
Mohamad Syahnez W. Aditya Cono
Keyword(s):  
Research Method ◽  
Oil And Gas ◽  
Legal Protection ◽  
Legal Basis ◽  
Legal Research ◽  
Legal Problems ◽  
The Law ◽  
The Government ◽  
Formal Business

Oil and Gas plays an important role in the fulfillment of fuel needs from both the industrial and transportation sectors. This regulation on Oil and Gas has provided a legal basis in its implementation.  The presence of retail fuel businesses "Pertamini" is causing legal problems, this is because the existence of these businesses do not have a formal business license at all.This paper analyzes the sale of fuel under the brand "Pertamini" which does not have a business license. This research uses normative legal research method with statute approach and conseptual approach.The results showed that, with the increasing number of "Pertamini" fuel traders without a license, it will certainly have implications for the law and uncontrolled management of Oil and Gas. Therefore, the government and related agencies can issue permits to "Pertamini" fuel traders. Because by obtaining a legal business license, in terms of its management can be carried out optimal supervision to prevent the occurrence of fuel misuse. This also includes efforts to provide certainty and legal protection to "Pertamini" Fuel Traders.

scholarly journals Perlindungan Hukum Terhadap Konsumen Melalui Sertifikasi Halal pada Produk Obat-obatan Berdasarkan Undang- Undang No 33 Tahun 2014 tentang Jaminan Produk Halal

2021 ◽  
Vol 2 (2) ◽  
pp. 288-293
Author(s):  
Lsye Aprilia ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Jaya Senastri
Keyword(s):  
Medicinal Product ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Medicinal Products ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Problems ◽  
The Law ◽  
Administrative Sanctions

Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.

scholarly journals URGENSI PENELITIAN DAN PENGKAJIAN HUKUM DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

2012 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Noor Muhammad Aziz
Keyword(s):  
Empirical Research ◽  
Legal Issues ◽  
Legislative Process ◽  
Research Needs ◽  
Legal Research ◽  
Process Flow ◽  
Research Results ◽  
Development Plans ◽  
The Law ◽  
Laws And Regulations

<p>Dalam Undang-Undang No. 12 Tahun 2011 tentang Pembentukan Peraturan Perundangan, penelitian merupakan aspek penting dalam penyusunan peraturan perundang-undangan, disamping aspek drafting. Karena bukan sesuatu yang mustahil apabila suatu undang-undang dibentuk tanpa didasari suatu riset yang komprehensif dan mendalam hasilnya akan menuai permasalahan baru.Tulisan ini akan mengangkat permasalahan mengenai bagaimana manfaat penelitian hukum dalam kegiatan pembentukan peraturan perundang-undangan. Dengan menggunakan pendekatan yuridis empiris ditemukan bahwa penelitian hukum sangat bermanfaat untuk mendukung Naskah Akademik Rancangan Undang-Undang tertentu, khususnya dalam menuangkan aspek-aspek berkaitan dengan masalah yuridis, sosiologis dan filosofis. Disamping itu Penelitian Hukum juga bermanfaat untuk menyusun rencana-rencana pembangunan hukum yang lebih responsif tanpa keluar dari asas-asas pembentukan hukum. Oleh karena itu optimalisasi hasil penelitian untuk pembentukan peraturan perundang-undangan memerlukan langkah-langkah yuridis dimana penelitian perlu dimasukkan dalam satu alur proses legislasi.</p><p>In Law No. 12 Year 2011 on the Establishment Regulation of legislation, research is an important aspect in the preparation of legislation, as well as aspects of drafting. For it is not impossible if a law is based on established without a comprehensive and in-depth research results will reap new problems. His paper will raise issues about how the benefits of legal research in the activities of the establishment of laws and regulations. By using a juridical approach to empirical research found that the law is very useful to support the Academic Manuscript particular bill, especially in the pouring aspects related to legal issues, sociological and philosophical. Besides, Legal Research is also useful to draw up development plans are more responsive law without departing from the principles of the legal establishment. Therefore, the optimization results for the formation of legislation requiring judicial measures which research needs to be included in the legislative process flow.</p>

Sign in / Sign up

Export Citation Format

Share Document