scholarly journals Corruption Eradication in Indonesia during the Covid-19 Pandemic: An Analysis of the Implementation of Article 27 Law Number 2 of 2020 Concerning State Financial Policy and Financial System Stability for Handling Covid-19 Pandemic

2021 ◽  
Vol 10 ◽  
pp. 1415-1421
Author(s):  
Jamin Ginting ◽  
◽  
Chelsya Gabriella
Keyword(s):  
Criminal Responsibility ◽  
Good Faith ◽  
System Stability ◽  
Financial Policy ◽  
Legal Certainty ◽  
Legal Research ◽  
Government Administration ◽  
State Official ◽  
The Government ◽  
Insight Into

As Indonesia announced its first Covid-19 case on 2 March 2020, the government issued Acts Number 2 Year 2020. Article 27.1 and 27.2 of the Act do not provide legal certainty because they may release the state-official-corruptors from their criminal responsibility. Through this paper, the author argues the criminal-responsibility exception by elaborating the ideas of the 1945 Constitution and the Corruption Act. The author uses normative legal research to construct the paper by bringing the 1945 Constitution, Indonesian Penal Code, and Government Administration Act as contra-materials toward Acts Number 2 Year 2020. The author also uses the theories from Indonesian Law Scholars to base the author’s argument. The paper provides the construction of criminal corruption as one of the essential parts of state loss. It also explains the solution to remove the criminal-responsibility-exception by using the excellent faith principle. The paper would return the good faith principle into the implementation of Act Number 2 Year 2020. As Act Number 2 Year 2020 is considerably new on implementation, this paper provides new insight into the better implementation of corruption-handling during the Covid-19 Pandemic.

scholarly journals PERAN STRATEGIS BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

2021 ◽  
Vol 3 (1) ◽  
pp. 58-62
Author(s):  
Irfansyah Irfansyah
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Criminal Responsibility ◽  
Legal Basis ◽  
Legal Certainty ◽  
Legal Research ◽  
The Government ◽  
Settlement Of Disputes

Consumer protection is any effort that ensures legal certainty to protect consumers. The legal basis that regulates consumer protection in Indonesia is Law Number 8 of 1999 concerning Consumer Protection. The method used in this research is normative legal research, using a statutory approach. According to Article 45 Paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection, it is emphasized that every consumer who is injured can sue business actors through an institution that is tasked with resolving disputes between consumers and business actors or through courts within the general court. In order to resolve consumer disputes outside the court, the government is mandated to establish a Consumer Dispute Resolution Agency. In handling and resolving consumer disputes, the Consumer Dispute Resolution Agency forms an assembly consisting of at least 3 (three) members representing elements of government, elements of consumers, and elements of business actors. According to Article 54 Paragraph (3) of Law Number 8 of 1999 concerning Consumer Protection, it is confirmed that the decision of the assembly formed by the Consumer Dispute Resolution Agency is final and binding. Settlement of disputes through the Consumer Dispute Resolution Agency doesn’t eliminate criminal responsibility so that the decision of the assembly formed by the Consumer Dispute Resolution Agency is sufficient initial evidence for investigators to carry out investigations.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

scholarly journals SANDERA PAJAK SEBAGAI ALAT PAKSA DALAM PENAGIHAN UTANG PAJAK ( Studi tentang Penegakan Hukum Pajak Melalui Sandera Pajak )

2015 ◽  
Vol 44 (1) ◽  
pp. 69
Author(s):  
Budi Ispriyarso
Keyword(s):  
Research Result ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Tax Collection ◽  
Approach Method ◽  
The Government

Problems found in this study is the reason why the government uses tax hostages in tax collection, how hostage force to used as a tool in the collection of tax debts and how the hostage-taking in terms ofjuridical aspect. The approach method used in this research is the Socio Legal Research. Result is that there are several factors that become a reason for the tax hostage. Government (fiscus) in collecting tax debts with the tax hostages have been carried out in accordance with the provisions of the act . According to aspects of legal certainty, tax hostages in Indonesia has had a legal protection, named Law No. 19 of 2000 as well as some regulatory other aspects . From the legal justice aspect, protection law also granted to taxpayers affected by the gijzeling. From the aspect of expediency, the application of the gijzeling prove to be useful in improving taxpayer compliance.Permasalahan yang terdapat dalam penelitian ini adalah mengapa pemerintah menggunakan sandera pajak  dalam penagihan pajak, bagaimana penyanderaan dipergunakan sebagai alat paksa dalampenagihan utang pajak dan bagaimana penyanderaan ditinjau dari aspek yuridis. Metode Pendekatan yang dipergunakan dalam penelitian ini adalah metode Socio legal Research. Hasil Penelitian adalah ada beberapa faktor yang menjadi alasan dilakukannya penyanderaan pajak. Pemerintah (fiscus) dalam melakukan penagihan utang pajak dengan sandera pajak telah dilakukan sesuai dengan ketentuan undang-undang.Berdasarkan aspek kepastian hukum, sandera pajak di Indonesia telah mempunyai payung hukumnya  yaitu UU Nomor 19 tahun 2000 serta beberapa peraturan lainnya. Dari aspek keadilan, perlindungan hukum juga diberikan kepada wajib pajak yang terkena sandera pajak.Dari aspek kemanfaatan, penerapan sandera pajak bermanfaat dalam peningkatan kepatuhan wajib pajak.

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals Sanksi Hukum Bagi Pengawas Yayasan yang Lalai dalam Menjalankan Fungsinya Sebagai Organ Yayasan

2021 ◽  
Vol 7 (1) ◽  
pp. 215
Author(s):  
Ida Bagus Bayu Brahmantya
Keyword(s):  
The State ◽  
Good Faith ◽  
Social Activities ◽  
Legal Research ◽  
Financial Reports ◽  
Community Or ◽  
Legal Sanctions ◽  
Legal Position ◽  
The Government ◽  
Legal Subjects

A foundation is an institution that carries out religious, humanitarian and social activities that are formed by the community or the government. Law Number 16 of 2001 concerning Foundations as later amended by Law Number 28 of 2004 concerning amendments to Law Number 16 of 2001 concerning Foundations which provides certainty of the legal position of foundations as legal entities. Foundations do not have members, but have foundations consisting of coaches, administrators and supervisors who as legal subjects are capable of taking legal actions. The management of foundation assets is open in nature so that proper supervision is required. The Supervisory Organ has the authority to supervise the management of the Foundation by supervising financial reports, activity reports and their achievements which are written by the Management to be ratified in a supervisory meeting. These supervisors must have good faith in carrying out their authority, duties and responsibilities. The method used in this research is normative legal research using a statutory approach. The authority of a Supervisor is regulated in statutory regulations, however, legal sanctions if a Supervisor is negligent in carrying out the function are not completely stated. So that in order to avoid negligence in its function, it is necessary to have strict sanctions to avoid any harm to the Foundation, the state or related parties.

scholarly journals The Competence of the Administrative Court and Administrative Justice

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 97
Author(s):  
Aju - Putrijanti
Keyword(s):  
Legal Certainty ◽  
New Paradigm ◽  
Conceptual Approach ◽  
Government Administration ◽  
The Supreme Court ◽  
Quality Of Governance ◽  
The Government ◽  
Clear Information ◽  
Administrative Justice

Administrative Court is a specialized court under the Supreme Court with a role to settle the administrative disputes included staffing disputes. The legitimation of Law No. 30 of 2104 concerning Government Administration has brought a new paradigm in the governance framework. Also, the competence of the Court is broader than before. In Addition, some regulations give more competence to the Court. It is normative juridical research. It uses statute, conceptual approach to observed, analyzed and discussion on the issues. This research is to develop the relations between the competence of the Court and administrative justice. Based on the research, broader competence gives more opportunity to get access to justice.In conclusion, administrative justice has some meanings; first, it is the rights of an individual. Therefore, the government has to provide detail, clear information for any individual before issuing a decree based on the application, rights to claims and revision for any mistakes. Second,  the defendant must obey and implement the judicial verdict. This obligation as an implementation of administrative justice and legal certainty for Plaintiff and obedience by the Defendant to the judge verdict. Third, administrative justice should be supported by the regulations by obeying the judge verdict. This is part of improving the quality of governance.

scholarly journals Eksekusi Pembakaran/Penenggelaman Kapal Tindak Pidana Illegal Fishing Berbendera Asing Dalam Perspektif Sistem Peradilan Pidana

2020 ◽  
Vol 9 (4) ◽  
pp. 752
Author(s):  
Guntur Dirga Saputra
Keyword(s):  
Natural Resources ◽  
Court Decision ◽  
Public Prosecutor ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Illegal Fishing ◽  
Procedure Code ◽  
The Government ◽  
Legal Force

Indonesia's natural resources in the form of very wide waters pose a threat to the crime of illegal fishing. The prevention of these crimes is carried out by giving the investigator authority to sink / burn ships with foreign flags directly without a court decision having permanent legal force as regulated in Law 45/2009. This research is a normative legal research. The results of this writing explain that the sinking / burning of foreign-flagged ships by investigators is contrary to Article 28D Paragraph (1) of the 1945 Constitution which is hierarchically higher than Law 45/2009 and SPP regulated in the Criminal Procedure Code so that it does not provide justice and legal certainty because it has seized the rights of the suspect / defendant. The sinking / burning of the ship is the authority of the Public Prosecutor to carry out the execution after a court decision has permanent legal force which stipulates that evidence in the form of a ship is seized for destruction and is not under the authority of the investigator. The government and the DPR RI should revise Law 45/2009 to revoke the authority of investigators who can directly sink / burn ships and to the Prosecutor to coordinate and involve investigators to become witnesses in the execution. Kekayaan alam Indonesia berupa perairan yang sangat luas menimbulkan ancaman terjadinya tindak pidana illegal fishing. Penanggulangan kejahatan tersebut dilakukan dengan memberikan kewenangan kepada penyidik untuk melakukan penenggelaman/pembakaran kapal yang berbendera asing yang secara langsung tanpa putusan pengadilan yang berkekuatan hukum tetap sebagaimana diatur dalam UU 45/2009. Penelitian ini merupakan penelitian hukum normatif. Hasil penulisan ini menjelaskan bahwa Penenggelaman/pembakaran kapal berbendera asing oleh Penyidik bertentangan dengan Pasal 28D Ayat (1) UUDNRI 1945 yang secara hirarki lebih tinggi dari UU 45/2009 dan SPP yang diatur dalam KUHAP sehingga tidak memberikan keadilan dan kepastian hukum oleh karena telah merampas hak tersangka/terdakwa. Penenggelaman/pembakaran kapal merupakan kewenangan Jaksa Penuntut Umum untuk melakukan eksekusi setelah adanya putusan pengadilan yang berkekuatan hukum tetap yang menetapkan barang bukti berupa kapal untuk dirampas untuk dimusnahkan dan bukan merupakan kewenangan penyidik. Pemerintah dengan DPR RI agar melakukan revisi UU 45/2009 untuk mencabut kewenangan penyidik yang secara langsung dapat melakukan penenggelaman/pembakaran kapal dan kepada Jaksa agar melakukan kordinasi dan melibatkan penyidik untuk menjadi saksi dalam pelaksanaan eksekusi.

scholarly journals The Legal Construction of Land Bank Regulations to Realize Fair Management of State Land Assets in Indonesia

Rechtsidee ◽  
2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Fatimah AlZahra
Keyword(s):  
Social Conflict ◽  
Physical Development ◽  
Legal Certainty ◽  
Legal Research ◽  
Bank Regulations ◽  
The People ◽  
Normative Basis ◽  
Legal Construction ◽  
The Government ◽  
Land Bank

The fact that the amount of land is fixed while the need for physical development is increasing as the increase in population, leads to inevitable social conflict. Social conflict is caused by the conflict of interest between the government and the people. The people tend to be reluctant to let go of the land they owned for the development of infrastructure in public interest with the pretext that the price set by the government is too low. As an agency for which its primary task is to reserve land for the government that is obtained before the need arises, a land bank appears to be able to be considered one of the alternatives for land procurement without conflict that can be applied in Indonesia as a solution in overcoming the land crisis for development. Through the normative legal research method, this research aims to analyzes the land bank’s concept in finding a legal construction of land bank regulations to realize fair management of state land assets in Indonesia. The result of the research shows that the legal construction of regulations for a land bank as an effort to realize fair management of state land assets can be achieved with regulations equal to a law. Values of fairness, legal certainty, and legal usefulness in the organization of a land bank must be included in the legal and normative basis in the content of the proposed law.

scholarly journals Implementation of Prudential Principles in the Use of Disinfectants as an Effort to Prevent Covid-19 Pandemic for Legal Protection of Ecosystems

2020 ◽  
Vol 1 (1) ◽  
pp. 58
Author(s):  
Otih Handayani
Keyword(s):  
Public Health ◽  
Environmental Law ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Healthy Environment ◽  
Rapid Spread ◽  
The World ◽  
The Government ◽  
Almost All

<p>The Covid-19 pandemic spreads almost all over the world, including Indonesia. The rapid spread of many fatalities resulted in the government using various means to overcome the pandemic, among others, with preventive efforts through massive disinfectant spraying. This research aims to lysis on applying the principle of prudence in the use of a disinfectant. This research is doctrinal/normative legal research with a statutory approach. Data is collected with literature studies, qualitatively analyzed. The results describe the use of large and inappropriate disinfectants that cause environmental pollution and adverse effects on public health. Environmental law analysis using Law No. 32 of 2009 and the regulations below can protect legal certainty and protect everyone's right to a good and healthy environment to protect the entire ecosystem.</p>

Sign in / Sign up

Export Citation Format

Share Document