scholarly journals Standard Patterns of Considerations in Law, District Regulation and Qanun Based on Legal Rules in Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 121-132
Author(s):  
Husna Sartika ◽  
Eddy Purnama ◽  
Ilyas Ismail
Keyword(s):  
Local Governments ◽  
Public Life ◽  
Secondary Data ◽  
Sequential Data ◽  
Conceptual Approach ◽  
Standard Pattern ◽  
Legal Rules ◽  
Aceh Province ◽  
Approach Method ◽  
The Law

The consequence of the state of the law is legislation to be an essential instrument in regulating public life. However, in some parts of Indonesia, they can make their regional regulation slightly different from the constitution, wherein this article will focus on Qanun in Aceh Province. The research used in this paper is normative law research. This research used sequential data or library data. Secondary data consists of primary law materials, secondary law materials, and tertiary law materials. The approach method used is the legislative approach and the conceptual approach. The formulation of the problem in this paper is how the standard pattern of consideration in the Law, Regional Regulations, and Qanun is based on legislation. The results show that in the Law in Consideration, Consider using the word "membentuk" or "form" because the law-making institution consists of legislative institutions and executive institutions. Regional regulation considers using the word "menetapkan" or "establish" because the institution that makes local regulations is a local government consisting of elements of local governments and local people's representative councils. This consideration follows Annex II of Law Number 12 of 2011 on the Establishment of Legislation as amended by Law Number 15 of 2019. However, the Qanun used the word "membentuk" or "form" due following Article 233 paragraph (1) of Law Number 11 the Year 2006 on Aceh Governance and Annex II of Aceh Qanun Number 5 of 2011 on the Procedures for the Establishment of Qanun.

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

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 PENGATURAN BATAS WAKTU PENDAFTARAN JAMINAN FIDUSIA PADA UNDANG-UNDANG NOMOR 42 TAHUN 1999

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
I Gede Prima Praja Sarjana
Keyword(s):  
Secondary Data ◽  
Time Limit ◽  
Conceptual Approach ◽  
The Public ◽  
Analysis Technique ◽  
Limit Time ◽  
The Law

This article have title is “The Arrangement of Time Limit of Registration of Fiducia Guarantee in the law number 42 in 1999 on fiducia guarantee”. The issue in this article on how is Arrangement of Time Limit of Registration of Fiducia Guarantee in the law number 42 in 1999 on fiducia guarantee. This study is normative law research. That is law research that based on secondary data (literature data). The approach have been applied in this study were statue approach that is the law number 42 in 1999 on fiducia guarantee, fact approach, and analytic and conceptual approach. Then analysis technique was by using descriptive, interpretation and argumentation. The result showed, first: the law number 42 in 1999 on fiducia guarantee start from article 11 until 18. it is not clearly describe on time limit of registration of fiducia guarantee, so that it can arise uncertainty of law. Recommendation can be submitted that in order to demand of law certainty, orderliness, and useful in order to protect the public as user of fiducia guarantee institution, hence limit time of registration of fiducia guarantee need to be arranged strickly in the Law number 42 in 1999 on fiducia guarantee

scholarly journals Tanggung Jawab Direksi atas Terjadinya Pailit Perseroan Terbatas

2020 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Antonius Faebuadodo Gea ◽  
Hirsanuddin Hirsanuddin ◽  
Djumardin Djumardin
Keyword(s):  
Limited Liability ◽  
Company Law ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
The Board Of Directors ◽  
Approach Method ◽  
Separate System ◽  
Accountability Mechanism ◽  
The Law ◽  
Legal Consequences

This research was conducted to find out how the directors' accountability mechanism caused by an error or negligence caused the limited company to go bankrupt and how the legal consequences on the bankruptcy of a limited liability company. This type of research was classified as a normative legal research or also called doctrinal research, namely research that examined the law as a separate system that was separate from various other systems in society so as to provide a boundary between the legal system with other systems. The approach method used was the statutory approach; and Conceptual Approach. In principle, the Board of Directors was not personally responsible for acts committed for and on behalf of the company based on its authority. The scope of conduct that would be personally accounted for by the directors of the company was negligence because the directors did not fulfill the contents of the agreement and mistakes because the directors commit acts against the law. Bankruptcy of a Limited Liability Company was the bankruptcy of itself, not the bankruptcy of its management, even though the bankruptcy was due to the negligence of its management. So that management should not be held liable jointly for any losses due to negligence and could only be held accountable if the company's assets were not sufficient to cover losses due to bankruptcy Article 90 paragraph (2) of the Limited Liability Company Law).

scholarly journals The CV as an Initiative for Sustainable Development of Small-Scale Capture Fisheries in Central Java, Indonesia

2020 ◽  
Vol 10 ◽  
pp. 249-253
Author(s):  
Siti Mahmudah ◽  
◽  
Etty Susilowati ◽  
Yunanto, Amiek Soemarmi ◽  
Siti Malikhatun Badriyah ◽  
...  
Keyword(s):  
Secondary Data ◽  
Research Problem ◽  
Alternative Form ◽  
Small Scale ◽  
Literature Study ◽  
Conceptual Approach ◽  
Limited Partnership ◽  
Central Java ◽  
Classic Problem ◽  
The Law

The problem of this study is that small-scale capture fisheries business in Indonesia still faces a classic problem, namely limited sources of capital to develop the business, so a strategy is needed to overcome this problem, including working with other parties as partners in running the business. This study aims to investigate the legality of the capture fisheries business in Indonesia, and the limited partnership (Commanditaire Vennootschap/CV) as an alternative form of capture fisheries business in Indonesia. This study uses a normative juridical research method with a statutory approach and a conceptual approach, the legal data used is secondary data in the form of primary legal materials, namely the Law on Capture Fisheries and the Law on CV, and secondary legal material in the form of literature related to the research problem. The data and legal materials were collected through a literature study and analyzed descriptively and analytically. The results of the study concluded that in carrying out fishery business activities, the entrepreneurs can use CV as an alternative form of small-scale capture fisheries business that allows overcoming the problem of limited capital faced by small-scale capture fisheries entrepreneurs in Indonesia. The study concludes that with the formation of CV, there will be two partners in small-scale capture fisheries business, namely complementary allies as the party who manages what is done by fishermen and limited allies are parties who include capital in small-scale capture fisheries businesses.

scholarly journals Legal Consequence on Certificate of Property Publishing By the National Land Agency for Unauthorized Purchase

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 375
Author(s):  
Ari Setyo Aji ◽  
Umar Ma’ruf
Keyword(s):  
Data Analysis ◽  
Property Rights ◽  
Secondary Data ◽  
Court Cases ◽  
The Public ◽  
Approach Method ◽  
Legal Consequence ◽  
The Law ◽  
Land Inheritance ◽  
Legal Consequences

The purpose of this study was to analyze: 1)To know and explain about factors which causes of invalidity of buying and selling land. 2) To determine the position of court cases 06 / Pdt.G / 2017 / PN.Btg and legal considerations the judges in deciding the case a quo. 3) To know and analyze the legal consequences of the issuance of certificates of property rights by the National pertananahan body over the unauthorized purchase has no legal force and is against the law in a civil case No.06 / Pdt.G / 20017 / PN.Btg, The approach method in this research is the socio-juridical. The data used are primary and secondary data obtained through interviews and literature, while the data analysis conducted Qualitative AnalysisResults of the research can be concluded: 1) that the sale and purchase of land especially to land inheritance, should involve and seek approval to all heirs. 2) that the sale and purchase of land inheritance that does not involve all the heirs then selling the land becomes invalid so that Mutatis Mutandis certificate publishing rights Illegitimate and Cancel by the Law. 1) that also challenged that the plaintiff must file a lawsuit prior to the Parties involved in the process of buying and selling land inheritance, from the Seller, Buyer, PPAT, and the Land Office as a party to issue a Certificate of Rights Reserved. The solution that should PPAT and Land Office to socialize, it aims to provide insight to the public especially to the sale and purchase of land.Keywords: Legal Consequence; Certificate; Property ;ublishing; Unauthorized Purchase.

scholarly journals Industri Halal di Aceh: Strategi dan Perkembangan

2021 ◽  
Vol 6 (1) ◽  
pp. 17-29
Author(s):  
Ramadhan Razali ◽  
Angga Syahputra ◽  
Almira Keumala Ulfah
Keyword(s):  
Qualitative Research ◽  
Local Government ◽  
Literature Review ◽  
Development Strategy ◽  
Local Governments ◽  
Secondary Data ◽  
Central Agency ◽  
Aceh Province ◽  
Maximum Development

This study aims to analyze the strategy and development of the halal industry in the province of Aceh. This research is qualitative research, using a literature review approach from various previous studies. This study uses secondary data obtained from journals, documentation, books, and reports from related parties such as the literally Central Agency on Statistics, LPPOM MPU, LPPOM MUI, Aceh Culture and Tourism Office, and related parties.The results of the study found that Aceh Province is one of the provinces that implement sharia in all sectors. The application of Islam is not only in banking but is also applied to tourism, food, and other halal industries, however, the optimization of the halal industry cannot be felt optimally. The development of a halal industry strategy needs support from the local government. One strategy that must be done is to issue a halal certificate easily but professionally. In addition, to maximize the halal industry, especially halal tourism, local governments must also pay attention to the existing infrastructure. With the maximum development strategy carried out, it is expected to increase the halal industry, especially halal tourism in Aceh Province

scholarly journals PENGGUNAAN DAN BATAS DISKRESI DALAM PENGELOLAAN KEUANGAN DAERAH DI INDONESIA

2019 ◽  
Vol 1 (2) ◽  
pp. 176-187
Author(s):  
Tri Suhendra Arbani
Keyword(s):  
Secondary Data ◽  
Comparative Approach ◽  
Regional Government ◽  
Government Officials ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
The Public ◽  
Regional Finance ◽  
Analysis Technique

Regional finance is the most important thing and becomes the pulse in carrying out all regional government affairs. Regulation in the financial sector is important because many regional heads carry out transportation for corruption because they are wrong in managing and making policies that have no legal basis. In this paper, we try to examine problems such as the changing room for discretion and the discretionary limitation in managing regional finances. This type of research used in this paper is normative legal research, that is research conducted or based on written regulations and other legal materials related to secondary data. In this legal research is used to discuss: statute approach, comparative approach, and conceptual approach. The data analysis technique in writing uses data management in essence the activities to make a system of written legal materials. The results of this paper describe how you should use discretion. This concept of discretion comes in the middle of a weak system of registration of invitations and legal vacuum. In essence, government officials take discretionary measures if they ask for various terms and discussion spaces from the discretion itself that has been regulated in government administration laws. These restrictions on the use of discretion indicate that not everything can be taken as a discretionary measure. Using ermessen freis or discretion basically covers the use of ermessen freis cannot replace with the prevailing legal system (positive legal rules) and the use of ermessen freis is only in the public interest.

scholarly journals PRESIDENTIAL THRESHOLD DAN PARLEMENTARY THRESHOLD DALAM SISTEM PEMILU SERENTAK DI INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 74-88
Author(s):  
Irma Garwan ◽  
Anwar Hidayat
Keyword(s):  
Political Parties ◽  
Secondary Data ◽  
Democratic Governance ◽  
Democratic Government ◽  
Legal Principles ◽  
The People ◽  
Election System ◽  
Approach Method ◽  
The Law ◽  
The Government

Indonesia adalah negara hukum dengan pemerintahan yang demokratis. Pemerintahan demokrasi adalah pemerintahan dari rakyat, oleh rakyat dan untuk rakyat, karena itulah rakyat memiliki kekuasaan tertinggi. Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif yaitu metode dengan menginventarisasi, mengkaji, dan meneliti data sekunder berupa peraturan perundang-undangan, asas-asas hukum, pengertian-pengertian hukum, kasus yang berkaitan dengan masalah dalam permasalahan dalam tulisan ini. dan sistem Presidential Threshold tidak perlu dipersyaratkan dan perlu dihapuskan dalam Pasal 222 Undang-Undang Nomor. 7 tahun 2017 tentang Pemilu, karena Pemilu tahun 2019 dilaksanakan serentak antara pemilihan legislatif dan eksekutif dan tidak ada dan relefan lagi syarat itu, namun yang dikhwatirkan ialah adanya calon tunggal dan ada banyaknya kandidat yang dicalonkan partai politik.   Kata Kunci : Presidential Threshold, Parlementary Threshold, Sistem Pemilu Indonesia is a legal country with a democratic government. Democratic governance is the government of the people, by the people and for the people, which is why people have the highest authority. The approach method used in this study is normative juridical, namely the method of inventorying, reviewing, and examining secondary data in the form of legislation, legal principles, legal understandings, cases relating to problems in the problems in this paper. and the Presidential Threshold system does not need to be required and needs to be abolished in Article 222 of the Law Number 7 of 2017 concerning Elections, because the 2019 elections are held simultaneously between legislative and executive elections and there are no and more conditions, but the concern is the existence of a single candidate and there are many candidates nominated by political parties.   Keywords: Presidential Threshold, Parliamentary Threshold, Election System

scholarly journals Implementation Of Registration Of Transfer Of Rights Reserved Land For Endowments By Permen Atr Bpn No. 2 Of 2017 In Pati Regency

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 617
Author(s):  
Rubin Pratama ◽  
Akhmad Khisni
Keyword(s):  
Information Dissemination ◽  
Secondary Data ◽  
Power Of Attorney ◽  
Land Registration ◽  
The Status ◽  
History Of ◽  
Approach Method ◽  
The Law ◽  
Customary Land ◽  
The Right

The purpose of this study was to identify and analyze: 1) Implementation of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 2) As a result of the Law of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 3) Barriers and Solutions in the Process of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency.The approach method in this research is juridical empirical research that emphasizes the behavior of individuals or communities in connection with the law. The data used are primary and secondary data obtained through interviews and literature, while the method of data analysis was done with descriptive qualitative analilis.Results of the research results can be concluded: 1) The registration of transfer of property rights to land as endowments by Permen ATR BPN No. 2 of 2017 in Pati regency categorized into two, namely for Waqf land registration activities that have not been certified (customary land) and the endowment of land that has been certified. For land that has not berserifikat documents furnished as the Deed of Pledge Waqf, copy of ID / KK, Ffoto copy of ID card / ID holder, a certificate of history of the land, a statement of physical mastery, the power of attorney request, a copy of property tax, proof of the right base / proof of ownership, a letter of disputes and probate Nadzir. As for the registration of land that has been certified requirements document completeness namely Deed Pledge endowment, land title certificates, copy of ID / KK Applicant, copy of ID / KK owner rights, petition, revelation of the grace period endowments, probate Nadzir, a statement of the land is not dispute, a statement of the land / building physically controlled, and evidence of CNS / PPH. 2) The legal consequences transitional registration of land titles for endowments, namely the status of Waqf land rights be have legal certainty. Waqf land registration set forth in Regulation ATR BPN Number 2 of 2017 concerning Procedures in the Ministry of Waqf Land Registration BPN ATR is a target to hold a legal simplicity. 3) Barriers still the majority community in Pati regency are still reluctant to take care certificate donated land, because of the assumption that the Waqf land certification process requires very expensive, the government's solution is to conduct information dissemination and outreach to the community.Keywords: Endowments; Land Registry; BPN

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