scholarly journals Omnibus Law: The Opportunities and Challenges of Simplifying Legal Product

Author(s):  
Ismiyarto Ismiyarto ◽  
Eni Orbawati ◽  
Fadlurrahman Fadlurrahman
Keyword(s):  
2020 ◽  
Vol 20 (4) ◽  
pp. 213-218
Author(s):  
Christopher O'Connor

AbstractThis article by the LexisNexis Segment Marketing team explains the approach, methodology and findings of the LexisNexis Gross Legal Product (GLP) report, first presented at the BIALL's Virtual Conference in June 2020. The GLP is a quantitative measure of underlying demand for legal services in the UK, comprised of 250 individual metrics which serve as proxies for legal activity. The article outlines the methodology and sources used to build the GLP; headline findings for Q2 2020 YTD; and provides suggestions for how firm leaders and knowledge professionals could use the information in their work. The GLP Q2 model found that demand for legal activity has declined by 7% since the start of 2020.


2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.


2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Rommy Patra

<p><em>The existence of local legal product  nuanced of shari'a in Indonesia is rampant  in the reform era. The establishment of  local legal product  that nuanced of shari'a is effort to formalize shari'ah  Islam in the life of the nation. But its existence has caused controversy because of have nature of sectarian and vulnerable to violation of human rights such as discriminatory and restrict civil liberties. Therefore, necessary  for the structuring of local legal product  that nuanced of shari'a, if necessary until to cancel it in order to improve the quality of implementation of local autonomy in Indonesia.</em></p>


2020 ◽  
Vol 4 (1) ◽  
pp. 16
Author(s):  
Dudi Setiyawan

Kedudukan hukum terhadap akta yang memuat klausula accesoir dalam rangka memberikan perlindungan hukum bagi profesi Notaris merupakan akta yang autentik. Penambahan kalusula accesoir tersebut tidaklah bertentangan dengan peraturan manapun, termasuk UUJN. Penambahan kalusula accesoir dapat dimasukkan kedalam akta selama dibatas wajar (tidak berlebihan) dan diketahui serta disetujui oleh para pihak yang menghadap, sehingga kedudukan akta tersebut tetaplah menjadi akta yang autentik yang menjadikannya produk hukum yang sempurna sebagai alat bukti.Kata kunci: akta notaris, perlindungan hukum, efektifitasThe legal position of the act containing the accesoir clause in order to provide legal protection for the notary profession is an authentic act. The addition of the accesoir case is not contrary to any rules, including the UUJN. The addition of accesoir can be incorporated into the deed as long as it is reasonable (not exaggerated) and acknowledged and approved by the parties facing it, so the position of the act remains an authentic act which makes it a legal product perfect as a means of proof. Keywords: notary deed, legal protection, effectiveness


2019 ◽  
Vol 15 (4) ◽  
pp. 774
Author(s):  
Muhammad Reza Maulana

Pada hakikatnya judicial review dilaksanakan demi terciptanya keseimbangan hukum dan terpenuhinya hak konstitusional setiap pemangku kepentingan untuk bertindak dan mengajukan permohonan pembatalan suatu undang-undang kepada Mahkamah Konstitusi dengan menyatakan undang-undang tersebut telah bertentangan dengan UUD RI 1945. Pengujian undang-undang terhadap UUD 1945 dilakukan dalam upaya penyempurnaan hukum yang berlandaskan konstitusi. Setiap undang-undang haruslah dilandasi oleh aturan dasar yang tidak hanya tercantum pada konsiderannya saja, melainkan dibuat serta dilaksanakan berlandaskan nilai dan norma konstitusionalitas. judicial review yang selama ini dilakukan oleh banyak pihak pada Mahkamah Konstitusi membuktikan bahwa kualitas produk hukum atau aturan hukum yang selama ini dilahirkan oleh pembuat undang-undang seringkali bertolak belakang dengan keteraturan hukum, sehingga diperlukan langkah hukum preventive demi menjaga integritas lembaga pembentuk undang-undang agar tidak dianggap melahirkan produk hukum yang asal-asalan. Oleh karena itu, di dalam penelitian ini akan mengkaji dan menginisiasi pembentukan produk hukum yang berkualitas konstitusi sehingga Mahkamah Konstitusi sebagai lembaga pengawal konstitusi memberikan kontribusi dengan cita konstitusi dan melahirkan produk hukum dengan kualitas konstitusi. Dalam penelitian ini metode yang yang digunakan adalah yuridis normatif dengan menggunakan pendekatan undang-undang dan konseptual. Hasil penelitian ini menggambarkan betapa pentingnya upaya preventive sebelum suatu aturan hukum kemudian ditetapkan, disahkan dan dilaksanakan, dimana ada persoalan konstitusionalitas terhadap implementasi suatu produk hukum yang kemudian oleh Mahkamah Konstitusi dinyatakan bertentangan dengan Undang-Undang Dasar Republik Indonesia 1945.Basically, judicial review has done to create a balance of law and to fulfill the constitutional right for every stakeholder to act and apply for application to constitutional court by stating the rule was contradicted to the constitution of Republic of Indonesia 1945. The application was made as an effort to perfect the law which is based on the constitution. Each rule has to be based on the basic rules, not only on its consideration but also is made and implemented in basic values and norms of contitutionality. Judicial review done by many people on constitutional court has proven that the quality of law product or rules of law made by the legislative often contradict with constitutional order of law, so it is necessary to take a step on preventive legal measurer to keep up the integrity of the rule maker of being judged making unqualified legal products. Therefore, this research reviews and initiates the production of law product so that the Constitutional Court can give preventive contribution on each legal products made, to be able to run with the ideals of the constitution and create legal products with constitution quality. This research used juridical normative method with legal and conceptual approaches. The results of this study illustrate how important preventive efforts before a rule of law are then set, ratified and implemented. In which there is a constitutional issue on the implementation of a legal product, that will be later declared by the Constitutional Court to be contradictory to the 1945 Constitution of the Republic of Indonesian.


Author(s):  
Rini Setiawati

Fostering the legal awareness is a current social change demand as part of government attention and promotion in various development efforts. Therefore, the establishment of a new legal product will become a reality if supported by the society members legal awareness. Legal awareness is the basis of the implementation of the law and it related to legal culture closely. Building the society legal culture should be oriented for the efforts to instill, promote and institutionalize the values underlying the law that require legal communication. The current legal counseling are required not just to do with the formal legal approach, but it can be done through a social marketing approach that more responsive in dynamics of change and the need for legal information in each segment of society.


2019 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Wahju Prijo Djatmiko

Principally, legal development is a sustainable development, its function  as human interest protection, legal aims to reach an order and balance. Order in society guarantees the protection on human interest.  Even though, the development on law is directed to create order in society, meaning law and society are interconnected, there are still plenty of legal products that are not able to meet people needs, and one of them is the judicial review on  the Act no. 19 year 2013 on Protection and Enforcement to Farmers. This  reflects that the Act does not represent social factors. This shows no harmony and benefit connections between the Act no.19 year 2013 as written legal product and society. This phenomenon, then, is analyzed from Theory of John Henry Merryman on Legal Development Strategy (Orthodox and Responsive). The process of making a responsive legal product is a participative one meaning that the process involves greatly the participation of society through social groups and individual in community. Reversely, orthodox legal product is characterized by its centralistic process in which state institutions dominate the process, especially  the authority of executives.


2020 ◽  
Vol 1 (2) ◽  
pp. 421-425
Author(s):  
I Made Ari Nurjaya ◽  
I Nyoman Sumardhika ◽  
Ida Ayu Putu Widiati

One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.


2021 ◽  
Vol 3 (1) ◽  
pp. 111-122
Author(s):  
Yuli Prasetyo Adhi ◽  
Triyono Triyono ◽  
Muhyidin Muhyidin

Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.


2020 ◽  
Vol 3 (4) ◽  
Author(s):  
M. Hasbi Umar ◽  
Zahidin Zahidin

This research started from a controversial about professional zakat of Islamic law, between pros and cons, about the legal position and the system of implementing professional zakat. Specifically there is no dalil nash (al-qur?an and hadits) that mentions professional zakat as from the types of zakat that are required, even the classical books don?t talk about this problem, so that professional zakat seen as a legal product that is Ijtihadi. Then in this paper will discuss the controversy of professional zakat between which the group accept namely progressive scholars who consider that a new legal product can be made in the framework of responding to development, needs and benefit of the peoples. And teams that reject that is parson that a conservative outlook is seeking to protect the purity of Islamic teachings, with reject all new thoughts that are not based on are valid (clear and unequivocal). In author anliysis, the argument in favor of the profession is stronger and more convincing than the group that rejected it. The study qualitative methods that focus on an approach to literature (library research).


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