The 4th Legal Internasional Conference and Studies
REPOSITION OF THE VALUE OF JUSTICE IN LEGAL PROTECTION OF DEBTORS IN BANKRUPTCY LAW POLITICS
In its development, the business world requires the provision of capital lending services. However, the development of the need for capital in the business world has not been matched by protection for debtors. With Articles 55 and 56 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the implementation of bankruptcy by separatist creditors is weak, this is due to the absence of legal remedies that can be taken by the debtor during bankruptcy. has been declared applies to him. Therefore, the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy law politics, the weaknesses of the legal protection system for debtors in bankruptcy law politics, and problems related to finding solutions through reforming the legal protection system for debtors in bankruptcy law politics. . The purpose of this research is to analyze the legal protection system for debtors in the politics of bankruptcy law; to analyze the weaknesses of the legal protection system for debtors in the politics of bankruptcy law; to find solutions through reforming the legal protection system for debtors in bankruptcy law politics. The approach method used in this paper is a normative juridical approach. From the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Law Number 37 Year 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations has resulted in injustice to the debtor in the implementation of bankruptcy against the debtor committed by the creditor; So it is necessary to carry out reforms in the implementation of debtor protection in the implementation of bankruptcy against debtors by implementing the debtor protection system in the implementation of bankruptcy against debtors based on Pancasila.
Copyright (c) 2022 The 4th Legal Internasional Conference and Studies
The inclusion of standard clauses in an agreement or document is still often found in online transactions. With the inclusion of the standard clause, of course, it raises problems regarding the validity of the agreement in the perspective of Article 18 of the Republic of Indonesia Law Number 8 of 1999 in conjunction with Article 1320 of the Civil Code. In other words, whether the agreement that includes standard clauses has legal force or is null and void. Then with the inclusion of standard clauses in an agreement, and this causes losses to consumers, then whether consumers can claim compensation from business actors in the perspective of Law No. 8/1999. The conclusion that can be drawn is that in a normative juridical manner the inclusion of a standard clause (exoneration) in the agreement between business actors and consumers can be canceled because it is contrary to Article 18 of the Republic of Indonesia Law Number 8 of 1999. Effective supervision is needed from the Ministry of Trade and Industry and the Indonesian Consumers Foundation (YLKI) on the inclusion of standard clauses by business actors in an agreement or document on goods and/or services in the context of consumer protection. Keywords: Clause, Exoneration, Transaction, Online
OPTIMIZATION OF BUSINESS LICENSES IN THE ERA OF DISRUPTION WITH THE ONLINE SINGLE SUBMISSION (OSS) SYSTEM
Indonesia is the Unitary State of the Republic of Indonesia which is based on law. The concept of a state of law is contained in Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia which reads: The State of Indonesia is a state of law. The consequence of this article is that every action, whether it&#39;s an act of a citizen, or an act of a state administrator (government) must be based on law and must not conflict with the applicable positive law (ius constitutum). 1 A rule of law is identical to the concept of a welfare state and a welfare state can only be achieved by enforcing the rule of law and sustainable development carried out by the government.
PROGRESIVITY OF DIGITAL COPYRIGHT LEGAL PROTECTION
Digital products are the result of current scientific developments. The development of science assisted by internet media is able to produce works of high economic value. Digital works have an advantage in terms of their distribution and products that are more practical. The advantages of this digital work cause the circulation of the product to sometimes get out of control, this causes a loss for the creator of the digital product. The economic and moral rights inherent in the creator require comprehensive legal protection. Legal problems occur when the distribution of products cannot be controlled, causing product creators to suffer losses, because they do not get proper royalties from the products they have created. Juridically, a product creator is entitled to economic and moral rights from the product he creates. The pace of development of science and technology is related to digital copyrighted works where legal protection for product creators is focused only on inflexible statutory provisions. So that progressive legal theory offers analytical jurisprudence which is based on the premise of rules and logic. For Positive (dogmatic) Legal Studies, the truth lies in the body of regulations. This is what Progressive Law criticizes, because seeing a law that is only in the form of articles clearly cannot describe the truth of a very complex law. So that digital copyright protection cannot only focus on the Copyright Law, but also uses the thoughts of legal experts and judges.
JURIDIC REVIEW ON THE POWER OF LEGAL POWER AS A BASIS FOR THE IMPLEMENTATION OF LIABILITY EXECUTION AUCTIONS
One of the executions of the mortgage object is the sale of the mortgage object through a public auction based on the executorial title contained in the Mortgage Certificate. Before the implementation is carried out by the creditor, a permit (fiat) is required to the local district court. The application for an auction for the execution of mortgage rights through a district court is closely related to obstacles, for example a lawsuit from a third party (derden verzet) who feels he has the right to the object of execution even though it has nothing to do with creditors and debtors. This opposition made the Chief Justice of the District Court unable to grant the request for execution even though the creditor had a mortgage certificate that was encumbered, but was forced to examine the relevant evidence in the trial forum to determine whether the resistance was sufficient reason or just a conspiracy with the debtor to delay the execution. Based on this explanation, the author wants to examine the legal force of the grosse deed as the basis for the implementation of the mortgage execution auction. The type of research in writing scientific papers is a normative legal research type, with a statutory approach and a legal concept analysis approach (Analytical and Conceptual Approach). The sources of legal materials used in writing this scientific paper come from primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials were collected using library research techniques. Then analyzed using description, systematization, evaluation and finally concluded with argumentation technique. The results of this study are expected to provide scientific knowledge for academics, law enforcers, and the public
SPATIAL AND REGIONAL PLANNING AS A BASIS FOR DEVELOPMENT IMPLEMENTATION IN INDONESIA
Â Â Â Â Â Â The writing entitled Spatial and Regional Planning Policy as a Basis for Implementation of Development in Indonesia aims to find out how to regulate spatial planning in Indonesia's territory as an effort to realize national goals and how to use spatial planning as the basis for implementing development. Â Â Â Â Â Â Â The method used in this research is using normative juridical research methods, with the main data being secondary data in the form of written data/documents consisting of primary, secondary and tertiary legal materials related to spatial planning policies in Indonesia, then the data is analyzed by qualitative analysis with provide an interpretation of the data that has been collected. Â Â Â Â Â The results of the study indicate that that spatial planning policies in Indonesia are directed towards the realization of one of the state's goals, namely general welfare, this can be seen in one of the considerations for the establishment of Law No. The archipelago, both as a unitary container that includes land space, sea space, and air space, including space within the earth, as well as as a resource, needs to be improved in its management efforts in a wise, efficient and effective manner by referring to the rules of spatial planning so that the quality The sustainability of national territorial space can be maintained for the realization of general welfare and social justice in accordance with the constitutional basis of the 1945 Constitution of the Republic of Indonesia. based on Archipelago Insight and National Resilience Â Â Â Â Â Spatial planning plans are meant to be the basis for implementing development, namely the National Spatial Plan as a guide for the preparation of national long-term development plans, the preparation of a national medium-term development plan, the provincial spatial plans as a guide for the preparation of regional long-term development plans, the preparation of plans regional medium-term development, district spatial plans serve as guidelines for the preparation of regional long-term development plans, preparation of regional medium-term development plans. Â Â Â Â Â Â Recommendations from this paper must be socialization from the central government to local governments in preparing regional spatial plans as well as socialization to the community so that there is an understanding between the central government and local governments as well as the community, so that spatial planning as the basis for implementing development related to grants will be able to run. effectively.
PRACTICE OF BUYING AND BUYING VIRTUAL GOLD IN THE ERA OF DISRUPTION IN ISLAMIC VIEW
Along with the development of technology, entrepreneurs are faced with an era of disruption that requires them to develop a new innovation in their business field, including entrepreneurs buying and selling gold. Innovation is the key to the success of a business to maintain their business. Because, when the company is careless and late in innovating, the company must be prepared to lose market share. The innovations carried out by the company also follow changes in the market that continue to change from time to time. One way to deal with the era of disruption in the 4.0 era, the majority of companies are starting to adopt digital technology to support their business. With the use of more sophisticated technology, to make it easier to do and save time. This method of course is also done by gold entrepreneurs. They started offering their gold products in store applications such as Tokopedia, Shopee, Lazada and others of the same kind. One of the virtual buying and selling features offered by the Bukalapak application is BukaEmas which can be used as an online gold business medium. Buying and selling gold at BukaEmas does not occur in cash because the seller and the buyer are separated by distance (not facing each other directly). This situation seems inconsistent with the provisions in the hadith which states that buying and selling gold is done in cash. The hadith was narrated by Abu Daud Tirmizi, Nasa'i, and Ibn Majah, with the Muslim text from 'Ubadah bin Shamit, that the Prophet said: "Gold for gold, silver for silver, wheat for wheat, poetry for poetry, dates for dates, and salt for salt, must be the same size, the same amount, and must be constant. If these types are different, then sell them as you please on condition that they must be in cash
STATE AND RELIGION RELATIONSHIP IN THE CONTEXT OF LAW ENFORCEMENT IN INDONESIA
The problem studied in this research is how the relationship between the state and religion in the context of law enforcement in Indonesia, especially regarding the views of religious values and state power in deciding a case based on the Pencasila Law. This research uses qualitative research - verification and direct observation using the analysis of Democracy theory and the 1945 Constitution model on the relationship between state and religion to see the influence of religious values on judges' decisions and Indonesian government policies. This research will prove the role of religious values in a more just political constellation. The focus of the study is set on three specific indicators, namely Transparency, Accountability and Law Enforcement and Government policies, this was chosen in connection with the symptoms that appear in the three indicators based on the results of initial observations, namely: 1). In terms of transparency indicators, so far the judiciary has not been fully open in the application of the law because the judiciary always tries to provide unsatisfactory information and data to the public or the public; 2) In the accountability indicators, so far, it seems that the lower courts (First Level) do not have the same understanding with the higher Courts (Appeal and Cassation level) against a mighty; and 3) On indicators of law enforcement and policies, the Government has not fully implemented the Pancasila law as a form of justice for the Indonesian people.
JUSTICE DISPOSITION IN THE PROTECTION OF ECONOMIC RIGHTS IN THE PERSPECTIVE OF LAW NO. 28 YEAR 2014 CONCERNING COPYRIGHT BASED ON THE VALUES OF JUSTICE
IPR has an important meaning, this is because with IPR a copyright can be respected economically and non-economically, however economic pressure has made various parties irresponsible to make a living through piracy and other copyright infringements. So it is necessary to discuss more deeply related to the Disposition of Justice in the Protection of Economic Rights in the Perspective of Law No. 28 of 2014 concerning Copyright Based on Justice Values. The method used in this article is sociological juridical. Copyright law policies have not been able to effectively provide copyright protection at this time, this is because not many parties understand the importance of copyright registration and also the lack of the role of the government and law enforcers to provide information about this, including the lack of enforcement and eradication of violations Copyright.
CONSUMER PROTECTION IN ONLINE BUYING TRANSACTIONS
Classic problems that still often occur in cases of buying and selling online are when the quality of the goods ordered does not match what was promised by the business actor, the images seen by consumers do not match reality, the delivery time is late, and the goods are damaged when they arrive at their destination. . These problems are essentially the risks of buying and selling online. It becomes a problem when business actors cannot be contacted by consumers who ask for their rights to be fulfilled perfectly. So that consumers are harmed as a result of irresponsible business actors. As for the results of this study, the sale and purchase agreement is a reciprocal agreement that gives birth to rights and obligations for the parties, namely business actors and consumers. This sale and purchase agreement was born due to the meeting of the will of business actors and consumers, then they agreed on products and prices. The consequence of the sale and purchase agreement is the transfer of ownership of the goods and payment of the price of the goods. The principle of consumer protection in online buying and selling transactions refers fully to the UUPK, so that in its application it can use the principle of responsibility based on the element of error/negligence. and also the principle of absolute responsibility (strict liability). In principle, these two methods aim to provide protection to consumers, especially in online transactions made with internet media.
REORIENTATION OF THE IMPLEMENTATION OF LEGAL PROTECTION FOR PROVIDER OF GOODS AND SERVICES IN CASE OF CORRUPTION PROCUREMENT OF GOODS FOR EQUITY-BASED INFRASTRUCTURE DEVELOPMENT
In its development, infrastructure development has not run smoothly, this has resulted in the problem of failure to build up, this is often the result of corrupt practices in infrastructure development budgets by irresponsible parties. Therefore, penalties against perpetrators of corruption in infrastructure development budgets are urgently needed, however, this is like a knife which often results in injustice for parties that should not be blamed, in this case, providers of goods and services procurement for infrastructure development. The failure to regulate the elements of a clear criminal act in the criminal procurement law has resulted in an unfair interpretation of the law on building failure against service providers. This paper will discuss in more depth the implementation of provisions on the protection of goods and services providers in cases of corruption in the procurement of goods for infrastructure development. The purpose of this paper is to analyze the implementation of provisions for the protection of providers of goods and services in cases of corruption in the procurement of goods for infrastructure development. The method used in this paper is the normative method.
APPLICATION OF ARTICLES OF INCLUSION IN CORRUPTION CRIMES PERFORMED BY CORPORATIONS AND MANAGEMENT
Corporations can be held accountable for committing criminal acts of corruption together with their management, but in theory corporations cannot be subject to an inclusion article because there is no uniformity from legal experts regarding the teachings of participation which according to the Criminal Code can only be imposed on humans, not corporations. The teaching of participation according to the Criminal Code must meet two conditions, namely the existence of a recognized cooperation and the existence of a direct form of action in committing a crime. This teaching can only be applied to humans and has not yet reached corporate actions, while the development of the economy and society, corporate crime was born as a new mode of committing criminal acts of corruption, while on the other hand the existing regulations both concerning procedural law are very limited in discussing corporations while on the other hand The application of the principle of inclusion to corporations is very necessary because corporations can only carry out legal actions which are reflected in the actions of their management. Corporations do not have a heart, but the heart of the management is a reflection of the heart of the corporation. Corporations cannot commit direct criminal acts. To fill the legal vacuum, the doctrine of participation in corporations can be imposed by looking at the existence of cooperation that does not have to be realized without any mistakes and the form of the implementation of the act is not only an offense but includes the offense of not doing because the corporation benefits from the actions of the management committing a criminal act of corruption
REORIENTATION OF THE VALUES OF JUSTICE OF PANCASILA IN IMPLEMENTING CRIMINAL SANCTIONS OF CHEMICAL NURSING AGAINST SEXUAL CRIMES
The increasing number of sexual violence against children has led the Joko Widodo government to issue a type of chemical castration sanction against perpetrators of sexual violence against children. However, this sanction is considered to violate human rights, especially for those who hold the thought of respecting human rights. So it is necessary to discuss the Reorientation of the Value of Pancasila Justice in the Implementation of the Criminal Sanctions for Chemical Castration Against Sexual Offenders. There is also a method used in this writing is sosological juridical. From the existing discussion, it can be concluded that the implementation of Article 81 PERPU Number 1 of 2016 has not effectively protected and been able to restore child victims of sexual violence. Then the factors that influence this are the factors of legal regulations that are still contrary to the respect for human rights as regulated in Pancasila and the 1945 Constitution of the Republic of Indonesia, then law enforcement factors that still do not pay attention to the recovery of children victims of sexual violence, a community culture that is still not able to effectively eradicate sexual violence against children because there is a culture that considers sexual violence against children as a family disgrace that no one should know.
THE EXISTENCE OF THE VALUE OF JUSTICE IN CONSUMER PROTECTION IN THE SALE AND PURCHASE OF LAND
Land in human life has an important function, because the law has the duty to provide legal protection and legal certainty for land buyers. Land that is in a state of dispute often creates problems for land buyers who lack information on existing land status. So that in fact the practice of buying and selling land often neglects existing consumer protection. Therefore, writing this article aims to discuss the existence of the value of justice in consumer protection in the sale and purchase of land. As for this writing using sociological juridical methods. Based on the research conducted, it was found that data in the form of protection for buyers who have made repayment in the sale and purchase of problematic land is not yet fair, this is because the legal culture of the seller is often dishonest regarding the status of the land, and there are third parties related to the seller who are also demanding rights. -Right to a land which is also detrimental to the buyer. The existence of efforts through the judiciary in its development is quite long and expensive. Due to the lack of guarantee of legal certainty and legal protection for troubled land buyers, it will ultimately injure the principles of legal objectives according to Islam and at the same time the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia, this will certainly violate social justice for all Indonesian people
AUTHORITY OF LOCAL GOVERNMENTS IN EMPOWERING INTELLECTUAL PROPERTY PRODUCTS OF SMALL MEDIUM ENTERPRISES FOR ECONOMIC IMPROVEMENT IN THE ERA OF DISRUPTION
This study aims to examine and analyze the authority of local governments in empowering the Intellectual Property of SME products in order to increase the economy in the era of disruption. This study uses a social legal research approach. The data used are primary and secondary data. Analysis of the data descriptively analytical. The theory used is the theory of authority, the theory of the legal system. The results of the study found that the authority of local governments in empowering Intellectual Property of SMEs products legally has been regulated in local government laws, the Job Creation Law and the Law on MSMEs, while improving the economy in the era of disruption needs to be strengthened in digital data collection, assistance and registration of IPR for SME products in particular, funding and strengthening technology and markets for SME products and Optimization of the IKM E-Smart Program.
REALIZING SHIPPING SAFETY THROUGH LEGAL POLICY FOR CLASSIFICATION OF SEAWORTHINESS OF PASSENGER SHIPS
In realizing shipping safety, the legal policy of ship classification is regulated in Article 126 paragraph (1) of Law Number 17 of 2008 and Regulation of the Minister of Transportation Number 61 of 2014, Implementation of ship classification provisions, especially passenger ships, includes: Inspection of ship construction, supervision and testing; issuance of class certificates, ship registration and offshore construction; Inspection and testing of floating equipment and offshore construction facilities; Testing and certification of materials and components; Testing and Issuing Qualification Certificates for Welders, Welding Inspectors and other welding experts; Examination and certification of the statutory field based on authorization from the government of the Republic of Indonesia as well as from the government of other countries.
RELEVANCE OF THE VALUE OF JUSTICE IN LEGAL PROTECTION FOR PROVIDER OF GOODS AND SERVICES IN CASE OF CRIMINAL ACTION RELATED TO CORRUPTION PROCUREMENT OF GOODS AND SERVICES
The pace of infrastructure development in Indonesia is increasing rapidly, this is a form of the government's commitment to improving people's welfare. The pace of infrastructure development in reality often has problems, including failure to build. The absence of criminal provisions in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods and Services has resulted in the blurring of the boundaries of the criminal and civil realms as well as administrative law in setting sanctions for providers of goods and services deemed negligent. This is often seen in cases of corruption in the procurement of goods and services, which often attracts service providers to become one of the perpetrators of criminal acts. This situation is clearly wrong, because not all acts of service and goods providers can be said to be related to the occurrence of corruption in the procurement of goods and services. This study aims to further analyze the legal protection for service and goods providers in cases of corruption in the procurement of goods and services. The method in this writing is normative. Based on the existing studies, it can be seen that the implementation of criminal sanctions for corruption in the procurement of goods for infrastructure development has not been based on the legal politics of procurement of goods, so that the criminal sanctions are still unclear, because the issue of procurement of goods should not be directly subject to criminal sanctions as an ultimum remidium, considering the procurement of goods regulated by administrative law not criminal law, while criminal threats are only as a last resort when violations in the realm of procurement of goods in infrastructure development are not controlled.
THE URGENCE OF REGULATION OF FOREIGN WORKERS IN LAW NUMBER 11 OF 2020 CONCERNING WORK CREATION IN THE TIME OF THE COVID-19 PANDEMIC
The rate of entry of Foreign Workers in Indonesia during the current pandemic is very concerning, this is due to the consequences for the health of Indonesian citizens during the current Covid 19 period. This situation is made more complicated by the unregulated supervision and restrictions on the use of foreign workers in this country. This writing aims to analyze the problem of the absence of restrictions and supervision of foreign workers during the Covid 19 period in Indonesia today. The method used is normative juridical. Based on the study conducted, it was found that the political implementation of the use of foreign workers has not been able to achieve justice, this is because the legal politics of the use of foreign workers has resulted in reduced job opportunities for domestic workers which in turn resulted in unemployment and poverty problems. The weaknesses in the implementation of the politics of using foreign workers are the shortcomings in the form of time limits and the amount of use of foreign workers is not clearly regulated in the politics of foreign labor law in Indonesia, then the weakness in the case of dualism in work permits for foreigners in Law no. 13 of 2003 and Law no. 6 of 2011. The supervision of foreign workers in the Employment Creation Law is not fully regulated, this results in an unstoppable rate of foreign workers so that it has an economic impact on TKI and health impacts for the local community.
LEGAL REFORM PROTECTION OF THE RIGHTS AND CONDITIONS OF VICTIMS OF THE CRIME OF TRAFFICTING IN PEOPLE THROUGH THE IMPLEMENTATION OF RESTITUTIONS
The restoration of the rights and conditions of victims of trafficking in persons has not yet been carried out properly. This paper aims to further analyze the protection of victims of the crime of trafficking in persons who have not been able to accommodate the rights and losses of victims. The method is non-doctrinal with a socio-legal approach. Based on the analysis of the existing findings, it is clear that the implementation of the protection of the rights of victims of trafficking in persons has not been running effectively due to unclear restitution arrangements, both in terms of magnitude and related to criminal arrangements for replacement of restitution. The Crime of Trafficking in Persons is a crime against humanity that can harm a person both materially and physically and mentally. In addition, it is necessary for victims of trafficking in persons to obtain protection of their rights, which in this case can be done through restitution. In practice, the amount of restitution is not clearly defined. In addition, the existence of a criminal substitute for compensation, which in this case includes restitution, makes the implementation of restitution constrained for victims of trafficking in persons. Such conditions clearly contradict the First Precepts, Second Precepts, and Fifth Precepts of Pancasila, as well as the Fourth Paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia as the purpose of the state, as well as Article 28D paragraph (1) and Article 28G Paragraph (1 ) and Paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the basic foundation related to the human rights of victims of human trafficking, and as a legal ratio in law in Indonesia. The update in this paper is to contribute thoughts regarding the importance of adding restitution as an additional crime in the provisions regarding criminal sanctions against perpetrators of criminal acts of trafficking in persons in Indonesia.
EQUITABLE LEGAL PROTECTION REGULATIONS ON WORKERS' RIGHTS IN EMPLOYMENT RELATIONS IN INDONESIA
Legal protection for workers in employment relationships is very necessary, considering that the socio-economic position of workers is very weak, especially during the COVID-19 pandemic. Many companies have suffered losses due to the implementation of restrictions on community activities (PPKM) which affect the production process, marketing which results in company income, so that it also has an impact on workers and has a major impact on the normative rights of workers. Â The research method in this paper uses normative juridical research that examines positive legal provisions, legal principles, and legal doctrine, using the statutory approach and conceptual approach. The data used, secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. Secondary data collection techniques through literature study and data analysis techniques using qualitative analysis techniques. Â Fair legal protection regulations for workers' rights in labor relations in Indonesia during the Covid-19 Pandemic have not been implemented properly, and are still not fair, companies and business owners feel as parties who have a strong position and have power, so they think only for the benefit of the company, without considering the rights of the workers, who because of the covid-19 pandemic, their lives are increasingly not prosperous. The government has taken steps in dealing with the Covid-19 pandemic problem related to efforts to provide equitable legal protection for workers from Termination of Employment (PHK), namely by issuing several regulations as legal protection for workers, such as the issuance of the Circular Letter of the Minister of Manpower of the Republic of Indonesia. Number: M/3/HK.04/III/2020 which specifically regulates wages for workers/labor, and Circular Letter of the Minister of Manpower and Transmigration Number: 197/MEN/PHIPPHI/V/2008 concerning Prevention of Termination of Employment (PHK). ) which stipulates some basic steps before the layoff policy is established based on such regulatory provisions, basically a strong effort by the government to protect workers.
STATE DAMAGES IN CRIMINAL ACTS OF CORRUPTION MEMBERS OF THE BOARD OF DIRECTORS OF BANKS WITH PERSERO STATUS/OWNED BY THE REGIONS AND ITS SUBSIDIARIES IN THE PROVISION OF CREDIT/FINANCING
In Law Number 31 of 1999 as amended by Law 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, it provides a normative direction that one of the essential things that must be proven in a criminal act of corruption is the existence of "state losses". For members of the Board of Directors of State-Owned Enterprises with Persero status, in managing the company, especially in providing credit or financing, they will be very afraid of their actions which can be made suspects in criminal acts of corruption. The legal relationship between the state as a legal subject and a limited liability company with the status of a limited liability company is the ownership of a majority share or controlling share by the State in a limited liability company with a limited liability status. Such legal relations have been regulated in various applicable laws and regulations which have and are based on theoretical and philosophical foundations such as corporate legal doctrines such as the legal doctrine of the principle of the corporate veil, the legal doctrine of fiduciary duty and the Business Judment role. Therefore, legal problems arise, namely how is the relationship between State law and State Companies?; and whether in the provision of credit or non-performing bank financing can affect the value of state participation in state-owned banks in said state/regional-owned banks?. The legal research used in discussing the problem in question is using normative legal research, so that the results obtained in this legal research are what they should be.
IMPLEMENTATION OF REGULAR LAND ADMINISTRATION IN THE MANAGEMENT OF LAND RIGHTS CERTIFICATE THROUGH A FULL SYSTEMIC LAND REGISTRATION SYSTEM (PTSL)
The orderly implementation of land administration in the management of land rights certificates through the PTSL system, complete systematic land registration, which includes the first objective of the research is to find out and analyze what the legal bases must be when implementing land administration. To find out and analyze how the implementation of the tasks of the Land Administration. The second scope of research describes land administration in the management of land rights certificates. The third research method is using qualitative research methods that are nomative. Fourth discussion. The implementation of land administration which is carried out by the government on a daily basis carried out by the ranks of the Land Agency cannot be separated from the legal foundations that underlie it. The land administration assists the transfer of land tenure and land policy into land management, namely the spatial arrangement of the community environment. Land administration, both formal and informal, covers a wide range of systems and processes, some of which are related to land tenure, while others are more concerned with land management. In 2020, the government has targeted to certify 10 million plots of land, this number has increased compared to last year's 9 million certificates. Of course this is a breath of fresh air for those of you who want to certify this year. Through the Complete Systematic Land Registration (PTSL) program, land certificates will be distributed. Fifth Conclusion Land administration activities are formed to ensure that land administration activities run smoothly and are structured in their implementation. If there is no administrative structure in land affairs, then the division of tasks will not be carried out properly and regularly. The problems that will be faced will be increasingly complex so that little by little it is necessary to change and remove the pattern of the mechanism
LEGAL CONCEPTION OF SUSPENSION OF DEBT PAYMENT OBLIGATIONS THROUGH HOMOLOGATION
In deferring the obligation to pay debts through homologation, the reconciliation has been ratified and has permanent legal force through a ratification decision by the Commercial Court. The protection of the interests of the parties in deferring the obligation to pay debts through homologation is one way to prevent the debtor from going bankrupt, but the opportunity for proposals for a peace plan is disproportionate and has a favorable attitude or prioritizes unilateral interests, so that it is difficult to reach an agreement. , Auditor, Legal Consultant, Financial and Business Management Expert. It is necessary to explicitly include the essence and benchmarks of good faith in the peace agreement in the framework of postponing the obligation to pay debts. Then the holding of an insolvency test (test of the respondent's financial ability) before the trial of canceling the peace agreement within the framework of delaying debt payment obligations to find out whether the Debtor or Creditor has good faith or not, as well as to know the financial prospects of the Debtor and whether or not the Debtor is still able to carry out his obligations
THE ROLE OF THE FINANCIAL SERVICES AUTHORITY IN REALIZING INSURANCE CUSTOMER PROTECTION
The role of the Financial Services Authority is to provide consumer protection for the insurance business based on Law Number 21 of 2011, Law Number 40 of 2014, Law Number 8 of 1999 and Regulation of the Financial Services Authority in the context of protecting consumers of financial services as a business regulatory and supervisory agency insurance in providing protection to customers in the form of legal certainty for policyholders. The Financial Services Authority must further enhance its roles and functions, so that in the future there will be no more cases of default by insurance companies and stricter restrictions on investment placements for insurance companies. It is hoped that the Financial Services Authority will better understand its function in providing legal protection to consumers and the public
EXPANSION OF THE OBJECT OF INDEPENDENT RIGHTS AUCTION THROUGH THE DEED OF ENFORCEMENT OF LIABILITY RIGHTS
The deed of imposition of mortgage (APHT) generally cannot be released with a clause that the mortgage is also binding on everything which according to its designation is an integral part of the land and building. The implication is that the clause must be contained in the draft APHT made by the Land Deed Making Officer (PPAT). Failure to include this clause in the APHT will be fatal. This study aims to analyze the position of the mortgage deed in the auction of mortgage rights in the form of land, along with objects related to land. This research is a normative legal research with a statutory and conceptual approach. The results showed that the position of the APHT determines the success or failure of the auction of land and objects related to land. The provisions in Article 4 paragraph (4) of Law Number 4 of 1996 concerning Mortgage Rights, Article 506, Article 507, Article 584 of the Civil Code will not provide benefits to creditors if the clause in the deed of encumbrance of mortgages does not include in detail the granting of mortgage rights covering a plot of land. land and its successors and/or existing or future works that stand on it, which become an integral part of the land, which due to their nature, purpose, or according to the law are considered immovable objects.
CALCULATION OF INTERNAL STATE FINANCIAL LOSS CORRUPTION CRIMINAL ENFORCEMENT
The legal regulation of criminal acts of corruption regulates the formulation of offenses for criminal acts of corruption, one of which is the loss of state finances or the country's economy as stated in Article 2 and Article 3 of the Law on the Eradication of Criminal Acts of Corruption. In calculating state financial losses on audited cases by performing: identification of irregularities that occur, identification of transactions, identification, collection, verification, and analysis of evidence, and calculating the amount of state financial losses. The method of calculating state financial losses is basically very diverse according to the modus operandi of corruption cases, including the total loss method, total loss with adjustments, net loss, fair price, cost of goods, opportunity cost. opportunity cost), and interest.
RENEWAL OF ELECTRONIC LAND REGISTRATION SYSTEMS BASED ON THE REGULATION OF THE AGRARIAN MINISTER AND SPATIAL PLANNING / HEAD OF THE REPUBLIC OF INDONESIA NATIONAL LAND AGENCY NUMBER 1 YEAR 2021 CONCERNING ELECTRONIC CERTIFICATES
The Ministry of Agria and Spatial Planning / National Land Agency (ATR / BPN) will gradually impose electronic certificates throughout Indonesia. Jakarta and Surabaya are the first city to apply this electronic certificate. In fact, the Ministry of ATR / BPN also guarantees to the public, eliminating management money to obtain land electronic certificates. However, this process still requires non-tax state income (PNBP) as a normal cost of returning a name or request for a new certificate. At present, the government has made legislation that regulates the transformation of this land, namely the Regulation of the Minister of Agria and Spatial Planning / Head of the Republic of Indonesia National Land Agency Number 1 Year 2021 concerning Electronic Certificates.
FIDUCIARY ASSURANCE AUCTION LEGAL POSITION
Regulations in the field of auction as a system of logical, rational normative thinking have not been able to solve a practical problem that is legal in principle, the auction buyer. This problem requires clear regulation, because Law No. 42/1999 does not clearly regulate this matter. Based on the descriptions that have been put forward, the following conclusions can be drawn: First, the Constitutional Court Decision Number 18/PUU-XVII/2019 dated January 6, 2020 regarding the interpretation of Article 15 paragraphs (1-3) of Law No. 42 of 1999 concerning Fiduciary Guarantees related to breach of contract (default) in the execution of fiduciary guarantees. The Constitutional Court gave a different interpretation from the previous article. Now, the fiduciary guarantee certificate, which contains instructions "For the sake of Justice Based on the One Godhead", no longer automatically has executive power. Second, the Constitutional Court number 18/PUU-XVII/2019 dated January 6, 2020 has provided legal certainty for creditors and debtors considering Article 15 paragraphs (1-3) of Law No. 42 of 1999 concerning Fiduciary Guarantees related to breach of contract (default), the article is interpreted if the debtor (consumer) is injured/broken, the fiduciary recipient (leasing company) has the right to sell the object of collateral with his own power (auction) as well as an inkracht court decision.
RECONSTRUCTION OF POLITICAL LAW ERADICATION OF CYBER CRIME RELATED TO ABUSE OF JUSTICE VALUE-BASED NARCOTICS
Countermeasures against illegal narcotics trafficking through digital media have not been able to materialize in Indonesia, such a situation is a result of the absence of regulation of illegal narcotics circulation through digital in Law Number 35 of 2009 concerning Narcotics. The method in this research is descriptive analytical with constructivism paradigm. Based on existing research, it can be concluded that there is still a legal vacuum regarding the regulation of narcotics trafficking through digital media against the law. The factor of the inability of narcotics legal politics in tackling the problem of digital narcotics circulation is the substance factor in the form of the unregulated provisions regarding the illegal circulation of narcotics through digital means, the structural factor in the form of the lack of digital facilities and infrastructure in overcoming the problem of digital narcotics circulation, the cultural factor in the form of the problem of poverty and socio-cultural order which causes many victims of the damaged social environment to become users by making digital media the latest modus operandi. So it is necessary to reconstruct Law Number 35 of 2009 concerning Narcotics by adding the provisions of Article 35A which reads: 1) Â Â Â Â The act as a name is regulated in the provisions of Article 1 paragraph (6) is threatened with a criminal offense of trafficking narcotics against the law with a life imprisonment and an additional penalty in the form of a fine of Rp. 8,000,000,000.00 (eight billion rupiah). 2) Â Â Â Â The act as referred to in paragraph (1) carried out through electronic digital means shall be punished with life imprisonment and a fine of Rp. 10,000,000,000.00 (ten billion rupiah).
DEBT BILLING (COLLECTION) IN ISLAMIC LAW PERSPECTIVE
In the study of fiqh there are several forms of fiqh contracts that are practiced in Islamic banking which are used in the banking service contracts such as al-Rahn, Wakalah, Kafalah, Hiwalah. In sharia banking service transactions, a complementary contract is needed. This complementary contract is a prerequisite for a sharia banking product, especially a service product, which can be said to be legal according to sharia. This complementary contract is not intended to seek profit, but is intended to facilitate the implementation of financing. However, in this complementary contract it is allowed to ask for a replacement for the costs incurred to carry out this contract. The amount of this replacement fee is just to cover the costs that actually arise. The law of wakalah is permissible, because wakalah is considered as an attitude of helping each other, as long as the wakalah is aimed at goodness. Wakalah is a contract which according to the rules of Fiqh Muamalah, is allowed and justified according to the Shari'a. The definition of Wakalah is: Protection (al-hifzh), Sufficient (al-kffayah), Dependent (ad-dhahamah) Delegation (ai-tafwidh). In the Wakalah contract several pillars and conditions must be met for this contract to be valid, namely the presence of a person who represents (Al-Muwakkil), the person who is represented. (Al-Wakil), the object being represented and Shighat/Ijab Qobul. Each pillar has its own provisions in supporting the validity of the Wakalah contract.
REFORM LEGISLATION REGULATION BASED ON OMNIBUSLAW RULES IN INDONESIA
The background of President Joko Widodo in creating the Job Creation Act is to improve the structure of the economy in almost all sectors by creating jobs, and increasing investment and productivity. In essence, this Law is beneficial for all parties, namely for entrepreneurs, workers and more importantly for the Indonesian economy. Because the implication of the Omnibus Law is simplification, it is identical to the application of hierarchical principles of legislation. Of course, this must really be done correctly because the implications of revocation of regulations are many, but they are still constitutional and do not violate the theoretical, normative and philosophical principles of law. The context of the Job Creation Law which has been ratified and will be promulgated, there are still many forms of acceptance of rejection with demonstrations everywhere, this cannot be used as an indicator that when a statutory regulation has a lot of resistance, then the norms in it are not good.
ENVIRONMENTAL CONSERVATION IN THE FIELD OF CRIMINAL LAW ENFORCEMENT AGAINST ILLEGAL LOGGING CASES
Forest destruction has threatened the survival of people's lives so it is necessary to prevent and eradicate effective forest destruction and provide a deterrent effect to perpetrators, therefore a strong legal basis is needed that is able to guarantee the effectiveness of law enforcement. The research objective is to identify and analyze environmental conservation efforts in the field of criminal law enforcement against illegal logging cases in Indonesia. The approach method used in this study is a qualitative approach. The specifications in this research are descriptive analytical, namely providing a detailed, systematic and comprehensive description by classifying, connecting, comparing and giving meaning to legal aspects related to environmental conservation efforts in the field of criminal law enforcement against illegal logging cases in Indonesia. The results of the research on environmental conservation efforts in Indonesia were carried out by producing Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction and in the Criminal Code which in several articles threatens with criminal acts of illegal logging so that it has a function in protecting the environment. prevention and law enforcement against illegal logging.
IMPLEMENTATION OF PROVIDING CREDIT WITH COLLATERAL RIGHTS TO DEBTORS PT. BANK RAKYAT INDONESIA PERSERO TBK. KOLAKA BRANCH, SOUTHEAST SULAWESI
In order to maintain the continuity of this development, the actors of which include both the government and the community as individuals and legal entities, large amounts of funds are needed. One of the facilities that has a strategic role in procuring these funds is banking. Various financial institutions, especially conventional banks, have helped fulfill the need for funds for economic activities by providing money loans, among others in the form of bank loans. To answer the writing questions that have been formulated above, the authors will use the normative research method. Lending by PT. Bank Rakyat Indonesia is based on the principle of prudence, namely the bank must act carefully in determining who should be given credit and how much amount of credit given after knowing the guarantee provided by the prospective debtor. The bank must also ensure that the agreement made with the prospective debtor is flawless and fulfills the legal terms of the agreement. The making of the Mortgage Granting Deed aims to register land rights that are burdened with Mortgage Rights so that legal certainty is guaranteed, both covering certainty regarding the subject of the rights and the object of the rights.
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CRITICAL ANALYSIS OF STATE COURT DECISIONS NUMBER: 49/PID.B/2021/PN. NGA RELATED TO THE ARTICLE 378 JO. ARTICLE 55 PARAGRAPH (1) OF THE CRIMINAL CODE
Law enforcement problems in Indonesia are often characterized by dissatisfaction with legal subjects when the law is being operationalized from the initial stage to the finalization of the law itself. Because the problem of law enforcement in Indonesia is still very thick with the color that law enforcement has not been implemented, law enforcement is only here and stops at the entrance of legal regulations without wanting to go deeper into the real world of law. Legislation is very thick with a political flavor, so that it will affect the achievement of the ideals of a very laudable goal, namely law enforcement, which can only rely on the mere form of enforcing written regulations. This type of research is normative juridical law, namely a research approach that aims to describe the facts or symptoms that are the material or object of the research. Inquiry and investigation efforts should be carried out carefully and carefully, so that in the end the true truth and error can be found.
RENEWAL OF CORPORATE CRIMINAL LIABILITY LAW BANKING IN THE ERA OF DISRUPTION
THE LEGALITY OF DIGITAL BANK IN INDONESIA ON CUSTOMER PROTECTION
The development of Digital Banks in Indonesia is currently quite high, this is indicated by the number of conventional banks switching to Digital Banks. A digital bank is a bank that does not require many branch offices because the banking system is done digitally, such as opening an account online. In opening customer accounts online in a digital banking system, legal protection is needed, especially customer confidentiality because it is feared that there will be a lot of misuse of customer data. The method used in this research is the normative juridical method. The normative juridical method is a method using secondary data such as the laws and regulations in force in Indonesia, especially those related to the banking system. The results of the study show that the legality of the digital banking system has been fulfilled, namely by the existence of regulations issued by authorized officials in the field of banking supervision. The legality of digital banks in banking operations has been fulfilled, namely with the Regulation of the Financial Services Authority of the Republic of Indonesia Number12/ PJOK.13/2018 concerning the Implementation of Digital Banking Services by Commercial Banks. Legal protection for customers currently still refers to the regulations of the financial services authority as stipulated in the Regulation of the Financial Services Authority of the Republic of Indonesia Number 12/ PJOK.13/2018. The Financial Services Authority regulation states that banks that run digital systems refer to the Financial Services Authority of the Republic of Indonesia Number 1/POJK.07/2013 concerning the protection of consumers of financial services .
CORPORATE LIABILITY LAW RENEWAL AS A SUBJECT OF CRIMINAL LAW IN THE ERA OF DISRUPTION
The ability to utilize information technology in the era of disruption is the empowerment of information and communication technology, which is increasingly difficult to stem from this phenomenon. The existence of corporations as a legal subject has a very important role in the development of a country. So that corporations have the potential to commit deviant acts and lead to criminal acts. The punishment for corporations is different from the punishment for people, because corporations have a different character in principle from the criminal law subjects for people. The research used is juridical analysis research. the issues raised regarding the Rationale of Corporations as Subjects of Criminal Law and Corporate Criminal Liability in the era of disruption, the results of the analysis are as follows. The punishment for corporations is different from the punishment for people, because corporations have a different character in principle from the criminal law subjects for people. There are forms of punishment that can be applied to people but cannot be applied to corporations. Based on this, there are several forms of sanctions that can be applied to corporations that commit crimes, namely probation, equity fines, transfer into individual sanctions, additional sanctions, community service sanctions, juridical authority from outside the company, and obligation to buy shares.
THE VALUE OF PANCASILA AS AN IDEOLOGY IN THE ERADICATION OF CRIMINAL ACTS OF CORRUPTION
Laws define what must be done and what cannot be done or prohibited. The legal targets to be aimed at are not only people who are actually acting against the law, but also legal actions that are likely to occur, and to the state apparatus to act according to the law. Such a working system of law applies one form of law enforcement that applies in Indonesia. The increase in uncontrolled corruption will bring disaster, not only to the life of the national economy, but also to the life of the nation and state in general. To answer the writing questions that have been formulated above, the authors will use the normative research method. Pancasila as the source of all sources of law in Indonesia can provide a legal system building, which is free from corruption and still upholds human rights for all Indonesian citizens. The Pancasila method as a source of law forms a legal system, namely by basing all national policies on the morals and original characteristics of the Indonesian nation. So that corruption can be prevented not because of the death penalty in the law, but corruption can be prevented because of the moral building and moral formations contained in Pancasila.
THE VALIDITY OF DETERMINING THE VALUE OF CONTRACTS AND PAYMENT TRANSACTIONS IN FOREIGN CURRENCIES WHOSE ACHIEVEMENTS ARE CARRIED OUT IN INDONESIA
The obligation to use rupiah currency in each transaction is included in a contractual agreement that requires payment transactions with money. The study used normative juridical. The results of this study state that the enactment of PBI 17/2015, every inclusion of the value of the transaction must be with rupiah, as well as the payment must be made using rupiah (except for transactions excluded as referred to in Article 4, Article 5, and Article 14 PBI 17/2015) and Article 21 paragraph (1) of PBI 17/2015, explained that written agreements regarding payment or settlement of obligations in foreign exchange other than written agreements as referred to in the Article 10 paragraph (3) of PBI 17/2015 made before July 1, 2015, remains in force until the expiration of the written agreement.
LEGAL STATUS OF FIDUCIARY GUARANTEE AUCTION
Regulations in the field of auctions as a system of logical, rational, normative thinking have not been able to solve a practical problem of a legal nature, in principle, auction buyers. In this regard, what needs attention is regarding shares as objects of Fiduciary Guarantees. This problem requires clear regulation, because Law Number 42 of 1999 does not clearly regulate this. Based on the description that has been put forward, the following conclusions can be drawn: First, the Constitutional Court Decision number 18/PUU-XVII/2019 dated January 6 2020 regarding the interpretation of Article 15 paragraph (1-3) of Law No. 42 of 1999 concerning Fiduciary Guarantees regarding default in the execution of fiduciary guarantees. The Constitutional Court gave a different interpretation from the previous article. Now, the fiduciary guarantee certificate, which contains the orders “For the sake of Justice Based on Belief in the One and Only Godâ€, no longer automatically has executive power. Second, MK number 18/PUUXVII/2019 dated 6 January 2020 has provided legal certainty for creditors and debtors considering Article 15 paragraph (1-3) of Law no. 42 of 1999 concerning Fiduciary Guarantees related to breach of contract (default), this article is interpreted if the debtor (consumer) defaults/breaks a promise, the fiduciary recipient (leasing company) has the right to sell the collateral object with his own power (auction) as in the case of an inkracht court decision
COMPARING MEDICAL AUDIT SYSTEMS AND REGULATING: A SYSTEMATIC REVIEW
The aim of this study is to find out how system and regulations for medical auditing within a health agency (hospital). This research is a systematic review for problems regarding the medical audit system and regulation. The research procedure of this research are carried out using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) method. The result of this research shows that the Medical Audit Policy is truthfully aimed at an effort to professionally evaluate the quality of medical services provided to patients. It is an important aspect because shortages in medical services can be life threatening and loss of human life. In addition, with the enactment of Law No. RI. 36 of 2009 concerning Health, where the duties and obligations of health workers are getting complicated.