Proceedings of Legal Internasional Conference and Studies
This international conference is a routine activity held by the Doctor of Law program at the Faculty of Law UNISSULA in order to provide discussion of thoughts and research results related to the development and thinking of legal science in the industrial era 5.0. This conference aims to bring together researchers, academics, scientists, students, and practitioners to participate and present their thoughts and latest research findings related to the role of law in welcoming the industrial era 5.0.
MEASURING THE ELECTRONIC NOTARY DEED IN THE FRAMEWORK OF HALAL PRINCIPLES ACCORDING TO ISLAMIC LAW IN THE COVID-19 PANDEMIC ERA
As a state of law, everything aspect life public regulated and guaranteed by law. Including in Thing ownership something thing. Ownership soil guaranteed by deed authentic made by a Notary. Making deed during the pandemic moment this no could walk with goo. This thing because by juridical condition making deed Notary Public according to Article 28 Regelemet op het Notary-ambt in Indonesia (Ordinance of January 11, 1860) and Article 16 paragraph (1) letter m of the Law Number 30 of 2004 Jo. Constitution Number 2 of 2014 About Position Notary of the parties must present, while during PPKM when this every party prohibited for meet with reason prevent deployment Covid 19. Writing this use method normative. As for the update on writing this is existence discussion harmonization Among Settings condition the presence of the parties in making deed authentic with implementation in the community. Based on study yanga there is found reality that need will protection law to right owned by will something thing no move main really high. That thing make deed Notary Public Becomes something need alone for society. one condition absolute in making something deed authentic is presence of the parties Condition the poured in Article 28 Regelemet op het Notary-ambt in Indonesia (Ordinance of January 11, 1860) and Article 16 paragraph (1) letter m of the Law Number 30 of 2004 Jo. Constitution Number 2 of 2014 About Position Notary. The entry of the Covid-19 virus in this country Becomes something problem happy self for implementation condition that. advice from existing studies _ is need wish set more carry on related implementation from Article 28 Regelemet op het Notary-ambt in Indonesia (Ordinance of January 11, 1860) and Article 16 paragraph (1) letter m of the Law Number 30 of 2004 Jo. Constitution Number 2 of 2014 About Position Notary Public through digital media. Arrangement formulation provision the could in the form of regulation government related implementation making deed Notary Public by electronic.
Copyright (c) 2023 The 5nd International Conference And Call Paper
TRAINING HALAL PRINCIPLES IN CONTRACT MARRIAGE
Contract marriage not religiously justified , though by condition acknowledged, thing thereby because Marry contract result in problem fulfillment right livelihood and inheritance for wife and children results Marry contract post expiry _ agreement Marry contract run out . See reality the need wish discussed related Settings related Marry current contract in Indonesia this and the impact from existence Marry contract. Marriage contract in reality could result in not explanation to wife and children results Marry contract , in particular related fulfillment right , fine right accept living until right receive inheritance . such thing the more quaint with no arranged Marry contract in law positive marriage in Indonesia.
REFORM POLICY FOR MANAGEMENT OF BUILDING USAGE RIGHTS (HGB) ABOVE LAND MANAGEMENT RIGHTS (HPL) BASED ON HALAL PRINCIPLES ACCORDING TO ISLAMIC LAW
In its development, land has various important functions in people's lives, this is because land is a support for the development of various kinds of human activities on this earth, including in Indonesia. The important position of the land resulted in the birth of the development of the concept of land use rights. Previously, the use of HGB was only subject to the Basic Agrarian Law Number 5 of 1960 and Government Regulation Number 40 of 1996 concerning Business Use Rights, Building Use Rights, and Land Use Rights, in its development the management of HGB is also regulated in Government Regulation Number 27 of 2014 concerning Management of State and/or Regional Property. In its development, Article 29 of Government Regulation Number 27 of 2014 concerning Management of State and/or Regional Property states that the duration of HGB above HPL is only for five years, whereas in the Basic Agrarian Law Number 5 of 1960 and Government Regulation Number 40 of 1996 concerning Cultivation Rights, Building Use Rights, and Land Use Rights The old use of HGB over HPL ends when the time set by the HPL holder has been completed, this is as intended in Article 35 of Government Regulation Number 40 of 1996 concerning Cultivation Rights, Building Use Rights , and Land Use Rights. so it is clear that there is disharmonization between Article 29 of Government Regulation Number 27 of 2014 and Article 35 of Government Regulation Number 40 of 1996 concerning Cultivation Rights may result in injustice for HGB holders. This shows that the discussion related to "Disorientation of the Value of Justice in the Policy of Management of Building Use Rights (HGB) on Land with Management Rights (HPL)" is interesting to be discussed further. Keywords: Disorientation, Building Use Rights (HGB), Management Rights
DEVELOPING HALAL MINERAL AND COAL MINING LICENSES THROUGH A FAIR CRIMINAL SANCTIONS POLICY
In development destination from mining mineral and coal based on Pancasila which mandates existence appreciation balance fulfillment right basic humans to be able realize Justice social for whole group public in deep Indonesia Thing this related right fulfillment need source energy and at the same time right ecological justice . Mandate from this Pancasila then realized in goal stated national in the Fourth Paragraph Opening The 1945 Constitution of the Republic of Indonesia. Implementation criminal in case publishing permission mining mineral and coal During this not yet amp realize Justice for public impacted , hal this seen with lightness threat sanctions in Article 165 of the Law Number 4 of 2009 About Mineral and Coal Mining that is not comparable with the damage environment because mineral and coal mines, as well as delete it Article 165 in Law Number 3 of 2020 concerning Change First Of The Laws Number 4 of 2009 About Mineral And Coal Mining is clear will result in the more rampant publishing permission mineral and coal mining laden will the charge of KKN that will put aside Justice ecological for public affected. To use realize Justice in Thing implementation penalty criminal related deed publishing permission mining deviant and harmful mineral and coal public so already should Article 165 as regulated in Constitution Number 4 of 2009 concerning Mining Minerals are also preserved in Constitution Number 3 of 2020 even added heavy penalty criminal existing prisons and fines , even no only at legal level national but also necessary made by more applicable technical level policy area nor policy village , hal this so that every bureaucrat as holder power in Thing publishing permission mineral and coal can also behave fair especially for need ecological society . So that policy mining mineral and coal able realize Justice as has described above.
THE RELEVANCE OF HARAM-HALAL PERSPECTIVES IN FINANCIAL TECHNOLOGY LAW IN INDONESIA
Technological advances have had many impacts on people's lives, including in the economic world. Financial Technology is the result of technological advances that affect the world of credit. However, there is no law that regulates fintech. This has resulted in many consumers being harmed in fintech agreements, this can be seen in various cases of cyber bullying caused by the failure to pay the debt of a consumer using fintech services. In this regard, this article aims to analyze consumer protection in the development of fintech. This article uses the sociological juridical method. Based on the research conducted, it was found that the implementation of fintech is often used as a cover for fraud supported by cyber bullying. The factors that influence the implementation of debtor protection when they are unable to pay their debts to financial technology institutions are the overlapping rules, the lack of reach of law enforcement in cases of fraud under the guise of financial technology institutions, and the influence of globalization which has resulted in the growth of financial technology institutions becoming increasingly unstable under control. It has been explained previously that incomplete regulations related to fintech have resulted in an increasing number of fraudulent crimes under the guise of fintech which has caused a lot of unrest in the community, the problem stems from the lack of clarity in fintech agreements, especially regarding the approval and protection of debtors in fintech agreements. This is clearly contrary to the terms and qawa'idul bai' relating to the sale and purchase agreement or the use of financial services above, especially the mandatory requirement for the buyer to sell goods clearly and clearly, not aiming to make profits by doing hillah ( deceit), so it is classified as bai'tawarruq which was forbidden by the Prophet.
REFORM BUSINESS POLICY IN THE SECTOR PRODUCTION CIGARETTES BASED ON PANCASILA ECONOMIC VALUES AND HALAL PRINCIPLES ACCORDING TO ISLAMIC LAW
Cigarettes are a promising trade commodity, but on the other hand, cigarettes also have a negative impact on health. The legal policy related to cigarette trade permits and cigarette production has never seen the negative impact of these cigarettes, this clearly shows that the legal policy breathes economic capitalism and has neglected social justice which is the mandate of Pancasila. So it is necessary to discuss related to Reformation Business Policy in the Sector Production Cigarettes Based on Pancasila Economic Values . This article, which was written using a sociological juridical method, in its discussion, found the fact that the policy of cigarette production in Indonesia is more capitalistic in that the policy only prioritizes the profits of entrepreneurs, while the welfare of tobacco farmers and public health are not clearly regulated in legal policies related to the cigarette trade.
RELEVANCE OF HALAL VALUES IN PROTECTION CONSUMERS IN IMPLEMENTATION AGREEMENT SELL BUY LAND IN INDONESIA
Land of life man have function important, therefore law on duty give protection law and certainty law for buyer land. deep ground state dispute often give problem to buyer minimal land existing land status information. Soin fact practice sell buy soil often ignore protection existing consumers. Sofrom that writing article iuni aim for discuss The Relevance of the Value of Justice In Protection Consumers On Selling Buy Land. As for writing this use method juridical sociological. Based on studies carried out found data in the form of protection to buyers who have do repayment in sell buy troubled land not yet fair Thing this because culture law from sellers who often do n't honest related to land status, and the existence of party related third with accompanying seller demand rights on something land that also comes harmful party buyer. Existence effort through judiciary in its development quite old and expensive. Consequence Not guaranteed certainty law and protection law for buyer troubled land in the end will hurt principle destination law according to Islam and at the same time the mandate of Pancasila and the 1945 Constitution of the Republic of Indonesia, p this already goods tntu will violate Justice social for whole Indonesian people.
OPPORTUNITIES AND CHALLENGES OF HALAL PRODUCTS IN INDONESIA IN FACING THE ERA OF SOCIETY 5.0
Indonesia has considerable opportunities and challenges in realizing its ideals as the epicenter of the world’s halal products, given it is the country with the largest Muslim population in the world. Strategic collaboration and firm commitment are certainly needed by all entities in Indonesia starting from abundant improvements in various domestic matters in Indonesia to the realm of foreign politics, especially in the face of the swift currents of globalization and the era of disruption and challenges in the era of Society 5.0. This study attempts to scrutinize the existing problems by applying the normative juridical method which examines the problems discussed and analyzed using descriptive and prescriptive techniques to obtain the final conclusion.
THE URGENCY OF HALAL PRODUCT CERTIFICATES IN THE CONTEXT OF CONSUMER PROTECTION
The halal of a product as proven by a halal certificate is very important in providing legal guarantees and protection to Muslim consumers, especially in consuming products on the market. On this basis, this study aims to discuss the types of products that require halal certificates, the mechanism for issuing halal certificates and legal sanctions for business actors whose products are not halal certified according to Law Number 33 of 2014. This research uses normative legal research, namely research on secondary data in the form of primary, secondary and tertiary legal materials that are relevant to the subject matter. These legal materials were collected through library studies. Then the legal materials are processed and analyzed descriptively qualitatively. The results of the study indicate that products that are required to have a halal certificate are products that enter, circulate and are traded in Indonesia. Then products that come from halal ingredients and meet PPH. Halal certificates are issued by BPJPH based on the MUI fatwa at the request of business actors whose products are required to be certified halal. Business actors who do not maintain the halal of their products are subject to imprisonment or fines.
LEGAL PROTECTION FOR UNCERTIFIED HALAL ON FOOD PRODUCT TO CONSUMER
The presence of halal certification greatly influences the halal label of a food product that will cause a positive impact to increase the income up to many times. In fact, halal certificates and halal labels on a food product, ultimately, are able to draw consumer appreciation in consuming the product. Halal certification will be a score-plus, even it is a must, to the producer for the product to achieve the demand. According to the regulation about halal certificate and label in Law Number 8 of 1999 on Consumer Protection, Law Number 18 of 2012 on Food, and Law Number 33 of 2014 on Halal Product Guarantee that will be released in 2016, can be concluded that there is the effort of legal protection to consumer applied by institutions on uncertified halal of food product to achieve the legal certainty and protect the consumer
CRIMINAL LIABILITY OF FOOD MANUFACTURERS WHO FALSIFY HALAL MUI LOGOS ON PACKAGING WITHOUT OFFICIAL PROCEDURES
In Indonesia, the community’s need for processed food / packaged food products is high, it is the government’s responsibility to ensure food products are in the packaging in accordance with applicable provisions including the inclusion of the halal logo of the Indonesian Ulema Council (MUI). Of course this is related to the large number of Muslim occupations in Indonesia, so the Muslim community wants to look for food products that already have a halal logo from MUI that is smoked to meet halal standards in accordance with applicable legal procedures. But sometimes there are food manufacturers who include the HALAL MUI logo on their food packaging, without first going through official procedures. Of course, the information that is not actually in the food packaging is very detrimental to consumers, so that norma norma can have criminal consequences for the perpetrator. Therefore, there needs to be an assessment of criminal liability can be forced on producers who incorporate the MUI halal symbol on nourishment bundling without official strategies The reason of this consider is to discover out the lawful security for buyers for the activities of producers who fake MUI halal logos on nourishment bundling, as well as to discover out criminal risk for nourishment producers who misrepresent MUI halal logos on the bundling. The investigate conducted is regulating juridical investigate utilizing auxiliary information by preparing information from essential legitimate materials, auxiliary lawful materials and tertiary lawful materials.Based on the comes about of the consider it is known that lawful assurance for buyers for the activities of producers who adulterate mui halal logos on nourishment bundling is drained a preventive and repressive way. Preventive can be within the frame of the application of prohibitions for producers and requires producers to supply the proper data in bundling names, particularly related to the item page, whereas oppressive assurance can be within the form of the burden of emolument commitments for makers to buyers who are hurt by the consideration of fake MUI halal names within the bundling. The application of this recompense certainly does not cruel barring criminal arrangements. Besides, criminal risk for nourishment manufacturers who distort mui halal symbol on bundling can be authorized in agreement with Article 62 section (1) of Act No. 8 of 1999 within the shape of detainment with a most extreme jail term of 5 (five) a long time or a greatest fine of Rp 2,000,000,000
MUI LEGAL AUTHORITY TO PROVIDE HALAL CERTIFICATES ON MEDICINAL PRODUCTS IN INDONESIA
The Indonesian Ulema Council (MUI) is a assembly for the deliberation of Muslim scholars, and scholars, and is one of the institutions that are highly trusted by the Indonesian people to determine the idolatry of a product, including in this case medicinal products. MUI also has the Mui Institute for the Study of Medicines and Cosmetics (LPPOM MUI), which is basically tasked with reviewing the page of a product. After the issuance of Act No. 33 of 2014 on Halal Product Guarantee, the role to issue halal certificates was delegated by the government to the Halal Product Assurance Agency (BPJPH), but in the law also did not relinquish the large role of MUI in the determination of the idolatry of a product (drugs). Including halal certificates that have previously been issued by MUI by law are still considered valid. For this reason, after the issuance of the Halal Product Guarantee Law, it is essential to understand MUI’s position in its authority to issue halal certificates and also the procedures of a pharmaceutical company / drugs to obtain mui halal label for the products of medicines produced.The aim of the research is to seek legal position of MUI in providing Halal Certificates on medicinal products and to find out the procedures for labeling HALAL MUI on medicinal products in Indonesia. The research conducted normative juridical research that used secondary data then processed it to three materials; primary legal, secondary legal and tertiary legal.Based on the results of research it is known that the legal position of MUI in providing Halal Certificates on medicinal products based on Article 1 number 7 and number 10 , Article 7, Article 10, Article 31 paragraph (1), Article 58, and Article 60 of Law No. 33 of 2014. Through LPPOM MUI is basically domiciled to issue a written halal fatwa and establish the validity of the drug products in question, if the MUI does not issue a determination and a written halal fatwa then the halal certificate cannot be issued and cannot be given to determine the validity of the medicinal products. Furthermore, the procedure of labeling HALAL MUI on medicinal products in Indonesia begins with the application for Halal Certificate by Businessman to BPJPH. Furthermore, BPJPH conducts a interity examination of the documents. Inspection and/or testing of the product’s page is carried out by LPH. The LPH must obtain accreditation from BPJH in cooperation with MUI. The determination of the halal product accomplished by MUI through the MUI halal fatwa signed by MUI. BPJPH issued a Halal Certificate based on the decision of halal product from MUI
LEGAL PROTECTION AGAINST CONSUMER GUARANTEE OF HALAL PRODUCTS IN ENTERING THE ERA OF THE INDUSTRIAL REVOLUTION 5.0
Legal protection for consumers must be based on the values of justice for halal product guarantees in entering the era of the industrial revolution 5.0 this must be a concern of the government, especially the Ministry of Religion through the Halal Product Guarantee Agency as a form of legal certainty for consumers. The Halal Product Guarantee Agency is required to make preparations to face the era of society 5.0 creatively and optimally. The writing of this scientific paper uses a normative research method with a statutory approach whose sources of information are legal materials such as primary, secondary, and tertiary legal materials with information gathering techniques from document/library studies that are analyzed qualitatively which are presented descriptively.
IMPLEMENTATION OF HALAL CERTIFICATION IN C
The purpose of this paper is to find out and analyze the application of halal certification in the perspective of consumer protection law as legal certainty in the production process until it reaches consumers, the approach method used is normative juridical, the result of the understanding states that the halal certification process based on the Halal Guarantee Act, can be described as the following: First, the company submits an application for submission of halal certification to the Halal Assurance Organizing Agency (BPJH) which is under the Ministry of Religion. Second, filling out files and administrative completeness along with supporting data by the company to be submitted to BPJH. Third, the application file after being reviewed by BPJH is transferred to an accredited Halal Guarantee Agency (LPH) for audit. Fourth, audit by LPH. Fifth, the results of the LPH audit will be transferred to the MUI Fatwa Commission for trial and determine whether the law is halal or haram. Sixth, the Fatwa Commission session, if it is found that the product contains elements of pork or unclean objects that have not gone through a purification process that is accepted by shara, the Fatwa Commission will reject the application for certification and recommend changes to the ingredients.
LEGAL ANALYSIS OF DETERMINATIONS IN MAKING AGREEMENT DEEDS BEFORE A NOTARY
The State of the Republic of Indonesia as a state of law based on the 1945 Constitution of the Republic of Indonesia guarantees certainty, order and legal protection for every citizen. To ensure certainty, order and legal protection, authentic written evidence is needed regarding actions, agreements, stipulations, and legal events made before or by a Notary. The problem raised in this paper is how Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning Notary Position regulates the making of contract deeds before a Notary to have the maximum usefulness and usefulness, guaranteeing the Notary deed to function as evidence the strongest and most fulfilled or as perfect evidence in accordance with the provisions of Article 1870 of the Civil Code, as the implementation of the provisions of Article 5 of Act No. 11 of 2012 concerning the Establishment of Legislation, related to the practice of making contract deeds before a Notary who does not comply with the provisions, and for know how the existing policy or legal politics as a consequence of irregularities in making the deed of agreement before a Notary. The research method used is Normative or Doctrinal legal research, namely legal research that uses secondary legal data sources and the approach method used is a normative juridical approach method that is deductively, starting with analyzing the provisions that regulate matters that are based on legislation laws, related to other regulations and their relation to implementation in practice, obtained from a number of court decisions that have permanent legal force, obtained from the Supreme Court Directory, are related to Legal System Theory, Legal Certainty Theory and Legal Protection Theory
PROS AND CONS OF SANCTIONS IN THE COVID-19 VACCINATION REGULATION
Corona virus infection is a disease caused by the Corona virus, with the main symptom of respiratory distress. This disease first appeared at the end of 2019 in Wuhan, China, and spread rapidly to various other countries, as far as Indonesia. In Indonesia, the Covid-19 outbreak is included in a national disaster of a non-natural nature based on Law Number 24 of 2007 concerning Disaster Management. This virus is very dangerous, and many victims have died from Covid-19. Various efforts have been made to prevent and overcome the spread of the virus such as implementing lockdowns, but have not been able to contain the spread of Covid-19. The approach method uses normative juridical, the results obtained state that the pros and cons of applying sanctions in the Covid-19 vaccination regulations For those who support sanctions for those who refuse vaccination think that the government is obliged to provide good health services to fulfill the rights of its citizens and ensure that its citizens are healthy, so that legal sanctions against the Covid-19 vaccine must exist.
NEGATING STATES LOSSES APPROACH ON FINE PUNISHMENT OF CRIMINAL ACT OF CORRUPTION.
The criminal act of corruption is viewed from the formulation of the offense Article 2 of Law Number 31 Year 1999 concerning the Crime of Corruption is an economic offense caused by an act against the law, as a logical consequence of the Against the Law is to restore or negate the state’s losses (meniadakan kerugian negara) , So that criminal penalties take into account aspects of economic principles such as the costs incurred to finance the investigation, prosecution and execution of decisions issued by the state. Within the legal framework, the concept does not come out of the juridical base on the types of criminal penalties in Article 10 of the Criminal Code, article 1365 of the Civil Code of Action against the Law, and Article 18 paragraph (1) sub-paragraph b of the Corruption Law concerning additional criminal paying substitute money, then explicitly formulated In article 222 of the Criminal Procedure Code, reinforced by the argument of law enforcement objectives established by Gustav Rabruch, achieve justice, utility and legal certainty, with priority on utility. Not becoming prevalent zero losses concept applied because it is trapped in the prevalence of enforcing the law of corruption with the priority on legal certainty, it requires the progressive and militant spirit of the judges but a high and long commitment and a relatively long time to start with the target group within the judge to get out of the routine of law enforcement that is running.
REALIZE HALAL COPYRIGHT PRINCIPLES THROUGH PROTECTION OF COPYRIGHT HOLDERS’ ECONOMIC RIGHTS
IPR has an important meaning, this is because with IPR a copyright can be valued economically and non-economically, however, economic pressure has made various parties irresponsible to make a living through piracy and other copyright infringement. So it needs to be discussed more deeply related to the Disposition of Justice in the Protection of Economic Rights in the Perspective of Law no. 28 of 2014 concerning Copyrights Based on the Value of Justice. The method used in this article is sociological juridical.
LEGAL CERTAINTY AND BENEFITS IN EMERGENCY USE AUTHORIZATION OF SINOVAC VACCINES AS HALAL PRODUCTS DURING THE COVID-19 PANDEMIC OUTBREAK IN INDONESIA
The World Health Organization (WHO) has declared COVID-19 as a Global Pandemic and the Government has declared a public health emergency of Corona Virus Disease 2019 (COVID-19) in Indonesia through Presidential Decree Number 11 of 2020 concerning the Determination of the Public Health Emergency of Corona Virus Disease 2019 (COVID-19).So that countermeasures must be carried out in accordance with the provisions of the legislation. Therefore, it is necessary to conduct an effective intervention to break the chain of disease transmission, namely through vaccination efforts. On January 11, 2021, BPOM gave approval for the Use of Sinovac Vaccine in Emergency Use Authorization.â€ The research used is empirical juridical research, which examines the applicable legal provisions and what happens in reality in society. Concluded the emergency use of Sinovac Vaccine as a Halal product has legal certainty and benefits.â€
LEGAL CERTAINTY OF PRODUCTS SMEs GET FREE HALAL CERTIFICATES DURING THE COVID19 PANDEMIC
Halal certification is an obligation (mandatory) for business actors without distinguishing between large, medium, small and micro entrepreneurs. Article 4 UUJPH states that products that enter, circulate, and trade in the territory of Indonesia must be halal certified. “Business actors are required to put a halal label on their products that have been certified halal by the MUI and if they do not heed this provision, consequences will apply in the form of administrative sanctions and even criminal sanctions for violations with a maximum imprisonment of 5 years or a maximum fine of Rp. 2,000,000,000.00 (Articles 41 and 56 of the UUJPH). Many MSMEs engaged in the food and beverage sector have experienced an increase in sales amid the pandemic. This research was conducted using normative juridical research (normative legal research method). The normative juridical research method is library law research which is carried out by examining library materials or secondary data. Certification will be carried out in stages. At this early stage, certification is more focused on food and beverages first. Then just penetrated into cosmetic products, drugs, and medical devices. During this five-year period, BPJPH will be more persuasive in conducting outreach and coaching to business actors. Providing opportunities for business actors to take care of halal certification
REFLECTING THE HIGHEST VALUES OF ISLAM IN THE PROTECTION OF DEBTORS IN THE EXECUTION OF SEPARATIST CREDITORS (A DIMENSIONAL NARRATIVE ABOUT THE LEGALITY OF FINANCIAL SERVICE PRODUCTS IN INDONESIA)
Implementation execution by creditor separatist without through aanmaning in court as set in Article 55 and Article 56 of the Law Number 37 of 2004 has been leave behind from Pancasila justice . The method used _ is non- doctrinal method . Based on the data obtained seen that implementation execution bankruptcy as arranged _ in Article 55 and Article 56 of the Law Number 37 of 2004 more prioritize interest from creditor separatist , hal this the more complicated with existence culture the law that shows that execution bankruptcy with thing guarantee right dependents without must through aanmaning in court , should be mean from insolvency debtor is examination in court or through aanmaning related ability debtor for pay off the debt , isn’t it ? solely based on analysis and views creditor separatist only . This thing clear by implied based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatic contrary with Mark Justice social Pancasila. It means that in policy law execution bankruptcy must capable create balance protection right Among creditor nor debtor , according with view from appreciation on value humanity or human rights awards in the form of similarity in front of law so that capable realize execution just bankruptcy _ able question _ protect interest creditor separatist at a time protect debtor from loss consequence mailing . situation this clear far from teachings about Mark halal will something service finance
As a state of law , everything aspect life public regulated and guaranteed by law . Including in Thing ownership something thing . Ownership soil guaranteed by deed authentic made by a Notary . Making deed during the pandemic moment this no could walk with good . This thing because by juridical condition making deed Notary Public according to Article 28 Regelemet op het Notary-ambt in Indonesia ( Ordinance of January 11 , 1860) and Article 16 paragraph (1) letter m of the Law Number 30 of 2004 Jo. Constitution Number 2 of 2014 About Position Notary of the parties must present , while during PPKM when this every party prohibited for meet with reason prevent deployment Covid 19. Writing this use method normative . As for the update on writing this is existence discussion harmonization Among Settings condition the presence of the parties in making deed authentic with implementation in the community . Based on study yanga there is found reality that need will protection law to right owned by will something thing no move main really high . That thing make deed Notary Public Becomes something need alone for society . one _ condition absolute in making something deed authentic is presence of the parties . Condition the poured in Article 28 Regelemet op het Notary-ambt in Indonesia ( Ordinance of January 11 , 1860) and Article 16 paragraph (1) letter m of the Law Number 30 of 2004 Jo. Constitution Number 2 of 2014 About Position Notary . The entry of the Covid-19 virus in this country Becomes something problem happy self for implementation condition that . advice from existing studies _ is need wish set more carry on related implementation from Article 28 Regelemet op het Notary-ambt in Indonesia ( Ordinance of January 11 , 1860) and Article 16 paragraph (1) letter m of the Law Number 30 of 2004 Jo. Constitution Number 2 of 2014 About Position Notary Public through digital media. Arrangement formulation provision the could in the form of regulation government related implementation making deed Notary Public by electronic
MEASURING LEGAL PROTECTION FOR FOREIGN WORKERS IN THE LEGALITY OF EMPLOYMENT AGREEMENTS IN INDONESIA DURING THE DISRUPTION
Workforce Presence _ Foreign no balanced with Settings clear law , thing _ this result in problem uncertainty law in the field of employment . Writing This research uses a non- doctrinal or juridical sociological type of research. As for this research, it is found that the implementation of the politics of using foreign workers has not been able to achieve justice, this is because the legal politics of using foreign workers has resulted in reduced job opportunities for domestic workers which in turn resulted in unemployment and poverty problems. Sumiritas in political law agreement foreign workers work as well various type weakness has make agreement remote foreign workers from teachings principle halal about something agreement .
Contract marriage not religiously _ justified , though by condition acknowledged , thing thereby because Marry contract result in problem fulfillment right livelihood and inheritance for wife and children results Marry contract post expiry _ agreement Marry contract run out . See reality the need wish discussed related Settings related Marry current contract in Indonesia this and the impact from existence Marry contract . Marriage contract in reality could result in not explanation to wife and children results Marry contract , in particular related fulfillment right , fine right accept living until right receive inheritancesuch thing the more quaintwith no arranged Marry contract in law positive marriage in Indonesia.
INDONESIAN LEGAL DEVELOPMENT PROGRESSIVE LAW APPROACH TO BUILD THE LAW IN INDONESIAN SENSE
Law is a social tool that is used to realize the order of life of society and state fairly and humanity. Indonesia’s current legal problems are its culture and systems are dominated by colonial law which is unable to strengthen the national identity in facing the future. Issues arising from the arbitrariness of law are enforcement officers, unfair trials, legal uncertainties, the loss of humanity in the law, and the law as a tool of human rights violations. It all occurs due to influence: 1) the dominance of power, 2 ) The interests of stability, and 3) contrary to Indonesia’s own national identity. As a result, any method for formulating law products and enforcement efforts is ambiguous and inhumane. The law stands by itself, while society becomes the object. Progressive law as a new paradigm that puts forward the humane ideals of law, is a model of a new approach that in the sense of Pancasila and constructive to amputate the “crime lawâ€ itself. Indeed, in order to build a legal product with Pancasila’s sense, we must do a “legal revolutionâ€ by using a progressive approach.
JURIDICAL NORMATIVE REVIEW OF DIFFERENT RELIGIOUS MARRIAGE
Problem married in Indonesia regular in laws number 1, 1974 it as accured for Indonesian all since on October 1, 1975. Articles 1 of law number 1, 1974 : “Married is badle of body and soul between a man and girl as husband and wife with happy and external family (house hold) purpose based and Godâ€.From married definition unseble that married have purposed house hold to happy and external on God. Almightry three for in legitimate or not provide of married is religion based that follow by them shall to married beholding. This case regular in article 2 of law number 1, 1974 : “Married is legitimation. If follow religion and religious consed beholdingâ€.Married if have been beholding by them have same religion it not problem never cheles, but married have been beholding by them religion differ, this problem becoming.In law of number 1, 1974 isn’t regular about religion differ married. Religion differ married not marry differ which in article 57, where different married is a married between a man and girl different nationality, and which one of them Indonesian. From research can be conclution religion differ married is outside law number 1, 197
THE PROGRESSIVE LEGAL THEORY IN THE IMPLEMENTATION OF LAW ENFORCEMENT BY THE LAW ENFORCER (POLICE, PROSECUTOR, JUDGE)
Criminal Law Policy in tackling crime-based brain ware which hereinafter called White Color Crime uses a progressive juridical approach equipped with examples and case studies, it is intended to 1. Know and analyze the policy formulation of White Color Crime and applicable sanctions imposed now 2. Contribute material thought to the Legislators in formulating the law, especially in the crime crime issue of White Color and the application of sanctions in the future. The results of this study will show that: 1. The Formulation of Crime White Crime and its applicable sanctions. - Criminal action in the field of Limited Liability Company by Corporation is regulated and formulated in Act No. PT. 1 Th 1995 as amended to Law no. 40 Th. 2007 and Law no. 8 Th 1995 concerning the Capital Market and Law no. 25 Year 2007 regarding Investment. However, the definition of White Color Crime is not formulated in a limitative way, it is to open the discourse and opinions of legal practitioners to interpret White Color Crime in an Open and Progressive manner. - The legal subject of White Color Crime under Article 50 of the Law. No.41 of 1995 is a person in the sense of both personal, legal entity and business entity, arranged in the same few articles are not distinguished either the article of personal or corporations so that corporations are subject to the same personal sanctions threat. Capital Market which has full authority in the field of corporate supervision to prevent the increasing intensity of crime White Color Crime. Not yet accommodated in the Capital Market law in detail and specifick therefore, it becomes a legal loophole that can be exploited by the perpetrator because it is not strictly regulated in the law so that it escapes from lawsuits and legal pitfalls. - Criminal threats imposed are cumulative criminal sanctions, principal penalties, imprisonment and penalties of fines, additional penalties for committing constructive crimes and sanctions for banning life-long businesses and entering the DOT category. - Criminal penalty for corporation not yet equipped with special rule. The application policy for the formulation of White Color Crime and the imposition of sanctions is felt not to fulfill the aspect of certainty and justice. This occurs in various cases of White Color Crime that occurred in the jurisdiction of the DKI Jakarta District Court (North, East, West, South and Central). 2. The upcoming Crime Whute Color crime formulation policy is expected to publish publicly the subject of the criminal law of the White Color Crime (person and legal entity or corporate body or corporation formulated in comprehensive articles); 3. Criminal and Indemnification Sanctions shall be formulated in an open and cumulative manner, the object is clear and harsh sanctions either to be taken over by the Government or deprived of State for Subsequently submitted to the Capital Market.
URGENCY OF VOTERS PARTICIPATION ON THE REGIONAL HEAD ELECTION IN THE STATE OF DEMOCRACY
Indonesia is a democratic Country in which the head of the region’s democratically elected based on the principles of direct, public, free, confidential, honest, and fair. In 2015, Indonesia was the first country that implemented direct local elections and simultaneously in nine provinces and 260 districts / cities. As the formulation of the problem, the author has studied how the level of voter participation on the Governor and Vice Governor Election in 2015 in Indonesia and the importance of voter participation on the Governor and Vice Governor Election in the state of democracy. The method used is normative empirical or non-doctrinal legal research. The data used are secondary data included primary legal materials, secondary law and tertiary legal materials. Analysis of the data used qualitatively. The final conclusion, the level of voter participation on the Governor and Vice Governor in the Year 2015 in Indonesia could be considered still low because it has not reached the target of the Electoral General Commission, is 75.5%. Supposedly, established democracies, the electorate consistent participation at 70 %. Otherwise it is clear that voter participation on the Governor and Vice Governor Election is important in a democracy so that it would not undermine the legitimacy of the election.
LAW OF SPACE: FROM THE ECONOMIC ORIENTATIONTO THE JUSTICE WELFARE (Study of Regional Policy in Spatial Planning)
Spatial planning policy in the region was initially seen as limited to meet the growth of development and oriented to efforts to achieve the target of economic growth. Such spatial planning policy does not take into consideration the purpose of the arrangement and use of space in accordance with its designation. The problems studied are how the development of spatial law in a regional policy, as well as what efforts can be done to change the orientation of spatial policy towards a just welfare. The research method used was non-doctrinal with socio-legal approach. The result of the study explains the control of spatial use in the region is set forth in the form of Local Regulation, at the level of policy implementation violation of land conversion. The implications of the violation of land use change have juridical consequences, but law enforcement efforts against spatial violations have not been done optimally. Therefore, it is necessary to reconstruct regional policies in the spatial plan which are prepared comprehensively and integrated by analyzing all aspects and basic development factors with data and spatial maps, so that this policy besides giving welfare, also presenting the values of justice
The Development of Law of Buying and Selling Land in Indonesia
Land has an important meaning for human life, because on the land the human do the activities, Ranging from cultivating crops, establishing houses of residence, doing business, and so forth, in addition to the economic value of the land that continues to be higher so that it is not uncommon the land is used as an investment object.Everyone is always expecting to have a plot of land and one way to get it is by buying and selling. Recognizing the importance of land transactions, then every ruling government always regulates the institution of sale and purchase of land in order to ensure legal certainty and legal protection.The objectives of this study were (1) to know the provision of buying and selling land of customary rights before the enactment of BAL; (2) to know the provision of buying and selling land of western rights before the enactment of BAL; and (3) to know the provision of buying and selling land after the enactment of BAL. This study was a normative juridical research. The method of collecting data was by literature study. Data analysis used was qualitative analysis. The findings of this research were (1) Making the deed of buying and selling of customary land rights before the enactment of the BAL had been solely made by the seller and the buyer, witnessed by the village head; (2) Making the deed of buying and selling of western rights land before the enactment of BAL had been made infront of notary and the juridical delivery had been made with the deed of transport as well as the registration by transfer of title officer; and (3) Making the deed of buying and selling land after the enactment of BAL was made before the official of the land deed officer (LDO) and the registration of its right transfer was registered in the land office.
REKONSTRUKSI UPAYA PAKSA DALAM PUTUSAN PERADILAN TATA USAHA NEGARA BERBASISKAN PERSEPEKTIF REVOLUSI SOSIAL DAN INDUSTRI
Aturan teknis tentang pelaksanaan putusan tentang Upaya Paksa belum ada aturan teknis. Sudah ada 2 penelitian yang mengkaji hal ini tetapi malah berujung pesimis dan mencari-cari dasar yang tidak relevan. Penelitian ini berusaha memberi kajian yang optimis menggunakan peraturan yang sudah ada bahwa Upaya Paksa bisa dieksekusi. Metode pendekatan yang digunakan adalah yuridis normatif, yaitu mengumpulkan dan menghubungkan sumber hukum yang relevan lalu mendeskripsikannya secara deduktif. Permasalannya diajukan adalah bagaimana tata cara pelaksanaan putusan Peratun tentang Upaya Paksa menurut peraturan perundang-undangan yang sudah ada? Setelah diteliti ditemukan bahwa Upaya Paksa terdiri dari 2 yaitu Sanksi Administratif dan Uang Paksa. Presiden sebagai pemangku pemerintahan teratas harus ikut bertanggung jawab dalam mengenakan Sanksi Adminitratif dan lembaga perwakilan rakyat melakukan pengawasan. Uang Paksa merupakan bentuk kesalahan pribadi (fautes personalles). Eksekusi Uang Paksa dilakukan oleh Ketua PTUN dengan memerintahkan Panitera dan Jurusita untuk menjalankan tugasnya.
LEGAL POLITICS OF THE STATE OF TIMOR-LESTE CONCERNING CIVIL REGISTRATION SERVICES BY GOVERNMENT BUREAUCRACIES IN THE PERSPECTIVE OF A WELFARE LAW STATE
The purpose of this study was to examine and analyze the weaknesses of the Timor Leste state legal political regulation regarding civil registration public services by the government bureaucracy in the perspective of a welfare state in sociological juridical research. The results of the study show that the weaknesses in the Political Law and Political Regulations of the Timor Leste State Concerning Civil Registration Public Services by the Government Bureaucracy in the perspective of a welfare law state are three main elements of a legal system which include Substance, Structure, and Culture. Substantial (legal) factors have not been specifically regulated through laws, only governmentregulations. Structural factors (institutions) for civil registration have not implemented good legal principles, limited human resources are inadequate, both at the sub-district and district levels which have an impact on the process of providing KTP, family cards and birth certificates. The provision of services to the community by public service organizations can run well if it is supported by human resources who have the ability, intellectual insight, discipline and high skills. The capacity of existing employees in the Department of Population and Civil Registration still needs to be improved, judging from the ability in knowledge and mastery in the field of computers is still limited. Cultural Factors (Culture) services are not yet IT-based, prefer collective rather than independent. Keywords: Legal Politics, Civil Registration Services, Bureaucratic Politic
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Legal Protection of Myanmar Ethnic Refugees Based on Human Rights Fatima, PulepuneUniversity
The many ethnic groups in Myanmar have led to conflict between the majority and minority ethnic groups within the country. Ethnic Rakhine and ethnic Rohingya who live in one area have long been involved in conflict in which the Rohingya are ethnic Muslims and minorities, while the ethnic Rakhine are ethnic Buddhists who are the majority. Conflicts that continue to drop victims from time to time require a settlement so that victims do not continue to fall. The government's role is then needed in handling the conflict which has further prolonged the humanitarian crisis in Myanmar. The Rohingya, who suffered more losses, require more attention from the relevant government. However, in reality the Rohingya did not receive attention from the Myanmar government, instead they received discrimination and added to the suffering of the Rohingya ethnic group. The purpose of this study is to analyze the protection of the Rohingya ethnicity based on human rights. The approach method in this study is normative juridical, with secondary data sources obtained through literature study. The data obtained were then analyzed using a qualitative descriptive method. The results of the research on Legal Protection for Refugees in the Myanmar Conflict Country, namely the Rohingya Ethnicity are Currently Not In Accordance With Human Rights, because there is still a discriminatory attitude from the Myanmar government along with the Buddhist majority ethnicity towards the Rohingya ethnicity which results in threats of acts of violence and violations in various other aspects of life, such as in terms of social, religious, economic, and education. Indications of human rights violations that occurred to the Rohingya began with the attitude of the Government of Myanmar in implementing policies in the 1982 Myanmar Citizenship Law, which forcibly assimilated by not recognizing the citizenship rights of the Rohingya and considering the Rohingya as foreigners in Myanmar. Keywords: Protection, Refugees, Rohingya
HUMAN RIGHTS LAW ENFORCEMENT ROHINGYA CASE
Various forms of human rights violations against the Rohingya include acts of genocide since 1978 with the aim of expelling them from Myanmar. The right to freedom of movement for the Rohingya people is strictly limited and most of them are not recognized as Myanmar citizens, but as illegal immigrants. This research uses a normative juridical approach that is literature-based. The enforcement of international criminal law is essentially a discussion of international criminal law in the formal sense. There are at least three steps that can be taken by the UN in overcoming the Rohingya conflict. First, Peace Making. Peace Making is an action to bring the disputing parties to agree with each other, especially peacefully. Second, Peace Keeping. Peace Keeping is an action to mobilize the presence of the UN in maintaining peace and the agreement of the parties concerned. Third, Peace Building. Peace Building is the action to identify and support existing structures to strengthen peace. The acts of human rights violations that have been mentioned in the Human Rights Council Report have fulfilled the categories in article 7 of the 1998 Rome Statute on crimes against Humanity. Keywords: Human Rights, Rohingya, Law Enforcement
ISLAM IN MALAYSIA’S DOMESTIC AND FOREIGN POLICY: GENERAL OVERVIEW
Islam is not just a religion but a complete way of life for Muslims; it covers all the things that Muslims do in their life. In other religions, we can see clear separations of power between the religion and the state. Islam doesn’t separate religion from state administrations. Islam is the state, as in ancient times. In the early period of Islamic history, the Caliphs were involved in every aspect of the state administrations and also as the military commander, involved in war and peace management, collecting taxes, laying down the law and dispensing justice. Islam constitutes a complete social system that embraces all those who have accepted the faith as a way of life, including the economic, social, political, and other aspects of society. The system applies to all human beings, whether the man or a women is Muslim or non-Muslim. Therefore we cannot equate Islam and the Muslim, for the Muslim, a human being bound to err, can deviate from the rules and regulations set in Islam. Some misconceptions about Islam are due to the wrong beliefs and actions of Muslim, and others are due to a significant lack of understanding and false stereotyping. In Malaysia, Islam has become an essential element in Malay politics. It is seen as an important approach by the Malay Muslim community in strengthening its political-cultural identity, particularly in their domestic and foreign relations. The influencing concept of the role of Islam and its practice in domestic and foreign relations needs to be understood through the history of the religion in the Malaysia. Public diplomacy may not be a current term in Malaysia, but the many efforts and actions of Malaysia under its many leaders has definitely developed robust activities of reliable and active public diplomacy policy. If public diplomacy is solely targeted at specific issues, it will not be easy to change public perceptions, for perceptions require changing in many levels to have any impact. Thus public diplomacy should widen its focus on building positive perceptions and relationships in other areas too.[1] Malaysia’s foreign policy is an extension of domestic policy designed with the main objectives of protecting and promoting our national interests at home and abroad in aspects such as security, economic and other significant interests. With the dynamic and complex environment of world politics, the Malaysia government, through the Ministry of Foreign Affairs needs to be constantly aware of global changes and respond effectively in order to ensure that Malaysia’s sovereignty and national interests are adequately protected and Malaysia’s views and positions are accordingly expressed in the international arena. Interpretation from all the stake holders of the state and the behaviour of both Malaysia’s domestic and international publics are having a growing impact on Malaysia’s foreign policy. No state can live in isolation, thus Malaysia has to play a more significant role in world politics and economics. The Malaysian government believes that by using Islamic values in the nation’s administration will facilitate the increased use of public diplomacy tools to project an image of Islam and Malaysia as a whole, domestically and internationally, including the projection that this includes the Islamic principles of justice and fairness. [2] This chapter shall discuss the overview, background and history of Islam in Malaysia’s administration. In order to understand Islam in Malaysia’s public diplomacy, we shall look back into history to understand the past and present decisions taken by its leaders, and the significance of Islamic practice and values in the nation’s administration and policy choices. This chapter will be divided into three parts. The first part will include Islam in the pre-colonial era covering the early history of Islam in the Malay Peninsula including the period of the Malay feudal system. The second part of this chapter will discuss the history of Islam during the colonial era. The third part will discuss Islam after Malaya’s independence, focusing on foreign and domestic policies since 1957, under the leadership of all of Malaysia’s Prime Ministers, namely Tunku Abdul Rahman, Tun Abdul Razak, Tun Hussien Onn, Tun Mahathir Mohammad, Tun Abdullah Badawi and Dato Seri Najib Razak.
EXONERATION CLAUSE IN BUS TRANSPORTATION AGREEMENTS: LEGAL PROTECTION ORIENTATION FOR SERVICE USERS IN AN INCLUSIVE LEGAL PERSPECTIVE
The practice of exoneration clauses in transportation agreements with bus transportation modes is commonly found in bus tickets which confirms that the transportation service provider is not responsible for damage or loss of goods. This study aims to answer two legal issues, namely the essence of the exoneration clause in the transportation agreement using the bus and the orientation of legal protection for users of bus transportation services related to the existence of an exoneration clause in the transportation agreement. This research is a normative legal research using a concept and statutory approach. The results of the study show that the exoneration clause in the practice of transportation agreements using buses actually qualifies as a standard provision that is prohibited under positive law provisions. The orientation of legal protection for users of bus transportation services related to the existence of an exoneration clause in transportation agreements can be carried out by promoting inclusive legal ideas that are oriented towards balancing the position between users and providers of transportation services. Internal legal protection, namely that each individual must understand the provisions related to the exoneration clause in the Consumer Protection Act and the responsibility of the transportation service provider if it is proven that negligence or error resulted in the loss and/or damage to the goods of users of transportation services. External legal protection can be carried out by law enforcement officials and the Department of Transportation to provide socialization as well as discipline bus transportation service providers who still include exoneration clauses that have the potential to harm the rights of users of transportation services.
Halal Products: Industrial Revolution Era 4.0 and Society 5.0
Revolution society 5.0 is the fifth wave. The term human-centered society 5.0 is expected to balance economic progress with solving social problems using a system that integrates the virtual and physical worlds. Previously there was the era of the industrial revolution 4.0 which was marked by a blend of technology that blurred the lines between the physical, digital, and biological fields. In the current era of society 5.0, halal products are becoming a trend throughout the world, in Muslim countries and even in non-Muslim countries. Muslims as the consumer segment with the fastest growing economy in the world. Any company that doesn't consider how to serve Muslims is missing out on a significant opportunity. Indonesia, with a majority Muslim population, shows the need of its citizens in consuming halal products, including the implementation of halal guarantees for the products consumed. Digital transformation is recognized as a solution in order to improve the halal industry in Indonesia. The purpose of this study is to analyze the views of several interested parties on how halal products can continue to grow, especially in the era of digitalization. This is done in order to support sustainable development. The method used is a normative juridical literature study approach with descriptive data processing, analysis of national and international journals, as well as books and other literature related to the implementation of the business sector and halal products. The findings of this study indicate that the business and the halal product sector are the dominant sectors in the industrial and society 5.0 era. With the market potential dominated by halal products, development is needed in the implementation of the halal product industry in the era of the industrial revolution 4.0 and society 5.0. It takes harmony of halal products to follow and adapt to developments and progress in each era.
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