WELFARE STATE Jurnal Hukum

Independensi Penuntutan Perkara Koneksitas Ditinjau dari Peraturan Presiden Nomor 15 Tahun 2021 Tentang Organisasi dan Tata Kerja Kejaksaan

Okta Nofia Sari — 2023-11-10

In Article 89 paragraph 1 of the Criminal Procedure Code it is stated that "criminal acts committed jointly by those belonging to the general court environment and the military court environment, are examined and tried by courts within the general court environment unless according to the decision of the Minister of Defense and Security with the approval of the Minister of Justice, the case must be examined and tried by a court within the military court environment”. In this case, it is necessary to increase the effectiveness of the implementation of the duties and powers of the Attorney General's Office of the Republic of Indonesia in carrying out technical coordination of prosecutorial prosecution and handling of connected cases and the application of the principles of embodiment of bureaucratic reform and the acceleration of the provision of legal services to the public by appointing a Junior Attorney General for Military Crime in the structure the Attorney General's Office. the existence of Presidential Decree Number 15 of 2021 is intended to accelerate the handling of connectivity cases. However, competent human resources are needed to run this structure as well as budget allocations for military members who fill these positions.

Perubahan Makna Cidera Janji atau Wanprestasi pada Jaminan Fidusia Setelah Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

Ega Dwi Prilia — 2023-11-10

A debtor who feels aggrieved then submits a judicial review of the validity of Article 15 paragraphs (2) and (3) of Law no. 42 of 1999 which are considered to have violated the debtor's constitutional rights so that the Constitutional Court Decision No. 18/PUU-XVII/2019. Requirements for the debtor to be declared in breach of contract in the fiduciary guarantee after the decision of the Constitutional Court Number 18/PUU-XVII/2019, namely the breach of contract as referred to in Article 15 paragraph (3) of the Fiduciary Guarantee Law is not determined unilaterally by the creditor but on the basis of an agreement between creditors and debtors or on the basis of a legal remedy that determines that a breach of contract has occurred. Legal considerations of the Constitutional Court in deciding case No. 18/PUU-XVII/2019 is based on legal considerations that the norms contained in Article 15 paragraph (2) of the Fiduciary Guarantee Law do not reflect the existence of equal legal protection between parties bound in fiduciary agreements that are directly related to the norms of Article 15 paragraph (3) The Fiduciary Guarantee Law, namely the absence of legal certainty regarding when the debtor can be declared in breach of contract.

Konstitusional Pasal Penghinaan Terhadap Presiden dan/atau Wakil Presiden Dalam Perspektif Kebebasan Berpendapat bagi Warga Negara (Telaah Atas Pasal 217-220 Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana)

Faridatus Sholeha — 2023-11-10

The Constitutional Court decision No.013-022/PUU-IV/2006 issued in 2006, it was stated that the article on insulting the President contained in Article 134, Article 136 and Article 137 of the Criminal Code no longer had binding legal force. The Constitutional Court stated that in its ratio decidendi regarding the abolition of the article on insulting the President and/or Vice President, namely with several considerations: 1) The Criminal Code is a legacy of Dutch colonialism. 2) Give rise to legal uncertainty (rechtsonzekerheid) and the principle of equality before the law does not apply. 3) protection of human rights. The redaction of the article on insulting the President and/or Vice President as stated in Article 217-Article 218 of Law the Criminal Code is no different from the redaction of the article on insulting the President and/or Vice President which has been declared unconstitutional by the Constitutional Court. Minimize the occurrence of a judicial review in the next three years regarding the article regarding insulting the President and Vice President. So the restrictions on the article regarding insulting the President and Vice President can be regulated by equivalent legal regulations, such as government regulations as a matter of urgency in explaining the article.

Penerapan Hukum Jipen/Singer dalam Tindak Pidana Asusila Masyarakat Suku Dayak Ngaju (Study Kasus di Desa Pundu, Cempaga Hulu, Kotawaringin Timur, Kalimantan Tengah)

Anisa Nikmatul Janah — 2023-11-10

Indonesia has a diverse population. Which are various tribes and nations and have their own characteristics. One of them is the Dayak tribe, a Kalimantan tribe who live in groups living in the interior, in the mountains, and so on. One of the sanctions owned by the Dayak tribe is called Jipen which has another name, namely Singer. The first problem is how is the application of the Jipen/Singer law in immoral crimes in the Dayak Ngaju tribe, Central Kalimantan?. Second problem What is the power of law in the application of the Jipen/Singer law in cases of immoral crimes?. Namely Jipen is a customary legal action for the Dayak tribe. Which is the application of the Jipen Law in Immoral Crimes. Traditional leaders who will singer who violate Dayak customary rules. Jipen is a punishment given to the perpetrator. Customary law is recognized by the state as legal law. In which the State recognizes customary law community units and their traditional rights, because Jipen law emerges from indigenous peoples. The power of Customary Law applied in the form of Jipen/Singer is very strong and thick.

Perlindungan Hukum Terhadap Data Pribadi bagi Nasabah Pinjaman Online

Wafia Duwi Rindiantika — 2023-11-10

Online lending or peer to peer landing as a form of financial technology is the result of technological advances that offer many loans with easier and more flexible terms and conditions when compared to conventional financial institutions such as banks. But it turns out that behind this convenience, of course there are consequences and risks that will be received by borrowers if they violate their obligations. In the last few years to date, the OJK, which is part of the Investigation Alert Task Force, still finds and blocks illegal online loan services, because they cause many problems for their users, several cases have ended with borrowers ending their lives because they cannot be strong enough to be billed by debt collectors. Apart from that, the problem with online loans after billing with terror is the transfer of contacts. Blender can read all cellphone transactions and photos. So that the protection of personal data is still low. Indonesia does not yet have a personal data protection law, so that business actors go around with online loan users.

Tinjauan Tentang Perlindungan Hukum Terhadap Hak-Hak Anak Akibat Perceraian dengan Alasan Salah Satu Orang Tua Pindah Agama (Studi Kasus Putusan Nomor 3/Pdt.G/2019/PTA. PAL)

Zainurrohman Zainurrohman — 2023-11-10

In the current era, inter-religious marriages are very common among people whose obstacles are none other than legal protection, division of inheritance, child custody and so on. As has been experienced by one married couple who resides in Parigi Regency, filed a divorce divorce case and fought for custody of their children in decision Number 3/Pdt G/2019/PTA PAL. The aim of this research is to find out how the law regulates children's rights as a result of divorce on the grounds that one of the parents has changed religions based on decision Number 3 /Rev. Pdt G/2019/PTA PAL is regulated in article 3 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Furthermore, it is also regulated in article 105 of the Compilation of Islamic Law, the right to custody of children who are not yet mumayyiz (not yet 12 years old) was explicitly given to his mother. However, the right to child maintenance according to article 105 KHI is not an imperative provision. however, it can be set aside and ignored based on the interests of the child, this is reinforced by Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection that parents have equal and equal rights as parents are to care for, care for and care for and protect the rights of children, the most important thing is wherever parents are to care for and care for children.