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Published By Sekolah Tinggi Ilmu Hukum (STIH) Amsir

2715-9329
Updated Tuesday, 02 November 2021

2021 ◽  
Vol 3 (1) ◽  
pp. 39-50
Author(s):  
Abbas Abbas

The research aims to find out about the conception of the state of law and democracy aspired by Abdul Qahhar Mudzakkar. The type of research used in this study is the socio-juridical type of research. Juridically because the unit of analysis in this research is an idea, the idea knows the concept. Where in what is meant is an idea Abdul Qahhar Mudzakkar about the concept of a state of law and democracy. Empirically the author sought to see the historical facts about the application of the concept correlated with the constitution of the Republic of Indonesia in the era of President Soekarno’s leadership. The results showed Abdul Qahhar Mudzakkar wanted the Indonesian state as an Islamic state with a presidential system of government while still carrying out the principles of true democracy. True democracy means Abdul Qahhar Mudzakkar is a tribute to the values of martyrdom, pluralism, and justice. This certainly requires better time, methods, and refinements if you want to be applied in a plural Indonesia.


2021 ◽  
Vol 3 (1) ◽  
pp. 30-38
Author(s):  
Alwiyah Sakti Ramdhon Syah Rakia ◽  
Kristi Warista Simanjuntak ◽  
Wahab Aznul Hidaya ◽  
Andi Darmawansya

In the process of drafting regulations, transitional provisions are used in order to overcome the legal vacuum, legal certainty, legal protection, and regulate other matters of a transitional nature. In terms of nomenclature, transitional provisions are referred to by different terms but are considered to have the same meaning. However, the terms of the transitional provisions have certain differences. This study aims to answer the nature of the transitional provisions in every formation of legislation, as well as the status of meaning between the terms “Ketentuan Peralihan” and “Aturan Peralihan” which have the same meaning status in the system of forming legislations. The results of this study indicate that the preparation of the “Transitional Provisions” material in the Appendix to Law Number 15 of 2019 is not adequately used in the preparation of “Aturan Peralihan” in the constitution. This is because the essence of the preparation of transitional provisions in the constitution is not only in order to overcome the legal vacuum, legal certainty, legal protection, and regulate other matters of a transitional nature, but also because of the transfer of power.


2021 ◽  
Vol 3 (1) ◽  
pp. 20-29
Author(s):  
Nurul Chaerani Nur

This study aims to determine and analyze the effectiveness of the application of the e-Tilang application in road traffic cases in the jurisdiction of the Biak Numfor Police Resort, Papua. As well as knowing and analyzing the obstacles faced in the implementation of e-Tilang in road traffic violations in the jurisdiction of the Biak Numfor Police Resort, Papua. This research uses juridical-empirical research method. The results showed that the implementation of e-Tilang in Biak Numfor-Papua was not yet effective, because it was not in accordance with the expected goals of the e-Tilang program. It should be done electronically (without using a ticket), but in practice it still uses a ticket. In addition, there are still many people who do not know the procedure for resolving traffic violations with e-tickets, making it difficult to process fines and take confiscated goods beforehand. In addition, there is not yet optimal coordination between authorized agencies that are directly related to the e-Tilang program. The lack of socialization in the community is also an obstacle so that many people do not know about e-Tilang, both the program and the flow of its implementation.


2021 ◽  
Vol 3 (1) ◽  
pp. 11-19
Author(s):  
Muhammad Akbar Fhad Syahril

Short messages in the form of advertisements are increasingly being accepted by the public through their cell phones. The public never specifically gave the phone number to the party sending the advertising message. This is considered to be even more annoying because the short message advertisement violates the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses the empirical normative method, namely research conducted with the approach of legal norms or substances, legal principles, legal postulates, and legal comparisons, using a conceptual approach. The results show that short messages in the form of offers that are not directly related to the services used by cellular subscribers must be a concern for customer convenience.


2021 ◽  
Vol 2 (2) ◽  
pp. 79-90
Author(s):  
Juajir Sumardi

This study aims to determine the basis of welfare, so the nature of investment in land is placed in the basic values ​​of Pancasila and the 1945 Constitution. The type of research used is normative legal research using a statutory approach. The results show that the concept of diversion through the principle of restorative justice for criminal acts against property has actually been practiced by indigenous peoples in Indonesia since ancient times and is still practiced today, but in the Indonesian legal system or the criminal justice system has not been explicitly regulated in statute form. The use, application and regulation are still at the level of discretion in each law enforcement agency in accordance with the internal rules that bind the respective law enforcement agencies. For this reason, to implement the values ​​contained in Pancasila and the mandate of the state constitution, economic law in the investment sector must be directed at encouraging balanced economic growth, prosperity, and equal distribution of opportunities. In this regard, the obligation to have social and environmental responsibility must be implemented in any investment activity that uses the land as a production factor by giving local governments the role of supervising the implementation level.


2021 ◽  
Vol 2 (2) ◽  
pp. 69-78
Author(s):  
Alwiyah Sakti Ramdhon Syah Rakia

This study aims to analyze the policy of legal sanctions of public health protocols in Article 7 of Sorong Mayor Regulation Number 17 of 2020. This study uses normative research that is qualitatively analyzed. This research uses a legal approach. The results of this study show that sanctions in the form of monetary fines as stipulated in Article 7 paragraph (2) letter a have no firm legal basis and tend to potentially interfere with economic activities to improve the welfare of the people, especially in the era of the covid-19 pandemic.


2021 ◽  
Vol 2 (2) ◽  
pp. 59-68
Author(s):  
Muhammad Hatta Roma ◽  
Nurul Miqat ◽  
Andi Intan Purnamasari ◽  
Adiesty Septhiany Prihatiningsih Syamsuddin ◽  
Manga Patila

The purpose of this study is to analyze the factors that hinder the implementation of government policies against the elimination of minimal capital of legal entities as an effort to develop MSME to improve the regional economy in Palu of Central Sulawesi. This research was an empirical research method using a qualitative descriptive approach. The results showed the factors inhibiting the implementation of government policy on the elimination of minimal capital of legal entity making is the lack of information about Government Regulation Number 29 of 2016 concerning Changes in The Basic Capital of The Establishment of Limited Liability Companies, Constraints on the requirements of making Limited Liability Companies both due to large capital constraints for the manufacture of Limited Liability Companies and Due to Administrative System Constraints that are quite difficult, and the latter is the Orientation of Individualist Thinking.


2021 ◽  
Vol 2 (2) ◽  
pp. 50-58
Author(s):  
Abdurrifai Abdurrifai

This study aimed at examining how and is it possible the setteling property crimes with the concept of diversion through the principle of restorative justice. This was the normative research, with the concept, historical, philosophy. Data were collected using the documentation studies and interviews. The sources of the data were analyzed by description, comparison, evaluation, and argumentation. The research results incicate that deliberation to reach consensus by involving victims, perpetrators and their families, law enforcement officials and third parties is the spirit of the concept of diversion through the principle of restorative justice. The deliberation proces between the prepetrator and the victim and/or the victim‘s family is carried out freely with the principle of equality and balance, so that the resulting decisions reflect justice, benefit and legal certainty. The concept of diversion through the principle of restorative justice for property crimes, has essentially been practiced customary law communities in Indonesia have long been and are still practiced, however, the Indonesian legal system or the criminal justice system has not been strictly regulated in the from of a law. The use and application and regulation are stillat a discretionary level in each law enforcement agency.


2021 ◽  
Vol 2 (2) ◽  
pp. 38-49
Author(s):  
David Mars Tornado ◽  
Marwati Riza ◽  
Sri Susyanti Nur

The granting of land rights is one way for legal subjects to be able to obtain a right to land in Indonesia. This study aims to determine the legal implications of the Decree on Granting Land Rights issued by the National Land Agency without implementing Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 concerning Income Tax. This research is empirical legal research. The results of the research show that the Decree on the Granting of Rights to Land is still valid without implying that it is null and void, while Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 is not in line with the principles in the theory of legal certainty and is not effective in its application or enforcement.


2020 ◽  
Vol 2 (1) ◽  
pp. 31-37
Author(s):  
Nurdiyana Tadjuddin ◽  
Yohanis Yabes Tjiaman

The practice of pawning in a PT Pegadaian is certainly inseparable from the various problems faced by the PT Pegadaian itself, especially the problem of collateral during storage. Collateral is stored at the PT Pegadaian, not a few that have an impact on damage or loss of the collateral. Damage and loss can occur due to negligence because it is stored for a long time. What is the form of responsibility by PT Pegadaian, if there is a guarantee for damaged and lost goods? People are starting to pay attention to trusted institutions such as PT Pegadaian so that this research seeks to study further if people choose to become customers at a PT Pegadaian, and suffer unwanted losses, then there is a loss such as loss or damage to collateral, the PT Pegadaian must be responsible and provide compensation by the applicable laws and regulations.


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