The Legal Analysis Of The Nomination Of Former Convicts Corruptions In Convinient Elections In 2020

This research departs from the 2020 Boven Digoel Regional Head Election, where the regional head had committed criminal acts of corruption while serving as regional head for two periods, namely 2005-2010 and 2010-2013. Furthermore, when he was running again as regional head in 2020, he was a former convict. This corruption was disqualified by the constitutional court after he was re-elected as regional head because he did not meet the requirements of Per.PKPU No.1/2020. This research focuses on Per.PKPU No.1/2020. The type of research carried out by researchers uses normative legal research with conceptual, case and statutory approaches. The results of the research confirm that based on Per.PKPU No.1/2020 there is an exception which means that former corruption convicts can run for office after a five year gap period after being released from serving a criminal period in prison and former corruption convicts in Boven Digoel have fulfilled this exception. Based on the principles of popular sovereignty and democracy as regulated in Article 28C (2) UUD NRI 1945, the second amendment, former corruption convicts can participate in the state by nominating themselves as regional heads. This is reaffirmed in Article 1 (2) UUD NRI 1945. Based on Article 43 Law No.39/1999, former corruption convicts have the right to become regional leaders by nominating themselves as regional heads. Based on Article 28 (2) UUD NRI 1945, to fulfill justice, former corruption convicts are given the opportunity to become regional heads by fulfilling their human rights, such as the right to nominate themselves after a five-year hiatus from being a corruption convict

The Influence of Theorie Von Stufenbau Der Rechtsordnung in the Indonesian Legal System

The aim of this research is to analyze the influence of Hans Kelsen's Theorie Von Stufenufbau Der Rechtsordnung on the Indonesian legal system. The research method employed is legal research with a statutory and conceptual approach. Primary and secondary legal materials are analyzed using normative analysis. The findings reveal that Theorie Von Stufenufbau Der Rechtsordnung significantly impacts the Indonesian legal system. There are at least two main influences identified. First, the system of laws and regulations in Indonesia has been structured hierarchically since the enactment of the Temporary People's Consultative Assembly Decree No. XX/1966 up to the present day. However, this hierarchy is not absolute, especially concerning the positions of Perppu and People's Consultative Assembly Decrees. Second, there is a recognized mechanism for reviewing legal norms to ensure their validity, whether through judicial review, political review, or executive review. The hierarchical structure of Indonesia's legal system reflects Kelsen's theory, which posits that law consists of interrelated levels of norms. Each level derives its authority from the norm above it, with the basic norm at the apex, serving as the source of legitimacy for the entire legal system. In the Indonesian context, this basic norm can be identified as the UUD NRI 1945, which underpins all subordinate legislation. The review mechanism for legal norms also illustrates the influence of Kelsen's theory. Judicial review, conducted by the Constitutional Court, assesses whether a law aligns with the Constitution. Political review is undertaken by legislative bodies such as the DPR, which can evaluate and amend legislation. Executive review is carried out by executive bodies, such as the President or ministers, who have the authority to adjust or repeal regulations deemed inappropriate

Towards Economic Optimization: Evaluating The Impact of Legal Changes

Restorative justice symbolizes a paradigm shift in enforcing criminal laws, right from focusing on penalizing the offenders to attending to mending the damages caused by crime while promoting reconciliation and restoration of relations within the society, has been found as well in the context of taxation to address violations of tax regulations. Tax law enforcement with a Restorative justice approach is considered to provide a more comprehensive and sustainable solution in dealing with violations. Dispute resolution is focused on reconciling the parties, in this case between the state which is positioned as a victim and the party who committed the violation, this is done to create a better compliance climate and reduce protracted problems. This journal article is prepared in order to analyse the impact of the implementation of Restorative justice regulated in the Law Harmonisation of Taxation Regulations. By using a doctrinal legal research method based on theory and application to regulations, it is hoped that the results of theoretical analysis based on the principle of restorative justice and the economic analysis of law approach can provide further insight into how Restorative justice applied as a law enforcement approach, especially in the field of taxation, can benefit the state as an effort to achieve harmonisation of tax regulations and their efficiency for sustainable economic

Risk-Based Licensing Arrangements: Between Convenience and Legal Certainty

Government through Law No.6/2023 has changed the licensing system which originally used the concept of licensing (license-based) to became risk based (risk based approach). The change in approach was carried out by the government in an effort to simplify licensing considering that the concept of licensing in practice tends to be complicated and hampers the business sector.  In setting up a risk-based licensing system, the use of license is only required for businesses with certain risk standards. The change in approach to the licensing system brings convenience, but with the application of uncertain risk standards it will injure legal certainty in society. Therefore, this study will raise issues related to legal certainty in the regulation of risk-based licensing systems. This research was conducted using a normative juridical method using a statute approach and conceptual approach. The result of this study will show that there are problems in legal certainty in risk-based licensing arrangements, so the government could be more careful in implementing the risk-based licensing syste

Reframing Prosecutorial Legitimacy: Embracing Restorative Justice in Criminal Case Discontinuation

This research aims to find out and understand the scope of the Prosecutor's office, especially in the field of prosecution in the criminal justice system, as explained in this journal, namely regarding regulations related to the authority of the Prosecutor in implementing the termination of prosecution for criminal cases based on the principle of restorative justice and regarding obstacles to the implementation of restorative principles. justice at the prosecution stage. This research was carried out using a statutory regulatory approach and a conceptual approach using library data, namely normative juridical, which was carried out by examining library materials or secondary materials that were collected and analyzed qualitatively. The authority of the Prosecutor's Office in implementing the Termination of Prosecution is strictly regulated in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative justice and is supplemented by the Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022 dated 10 February 2022 and in its implementation Restorative justice is considered capable of being a solution in resolving cases quickly with the main principle of prioritizing participation between victims, perpetrators and the community as well as restoration of a situation. Furthermore, in implementing the termination of prosecution of a case, it is not impossible that there are obstacles that must be faced by the Prosecutor as Public Prosecutor, especially in reconciling the interests of the victim and the perpetrator in achieving peace

Legal Regulations for Fair National Salt Pricing Policy in Indonesia

So far, the problem has been the distribution of the salt harvest, which does not have a fixed price each harvest period. This is because there is no policy that specifically regulates the selling prices of salt farmers and entrepreneurs. Meanwhile, during the harvest period, farmers determine selling prices usually based on the weather and the success of the harvest, while entrepreneurs determine prices by looking at the market. In this case, there will be an imbalance and a point of instability in the salt distribution mechanism. The current salt pricing system is based on unstructured market practices and a lack of regulations that strictly regulate the pricing process. Salt farmers are often forced to rely on middlemen or large entrepreneurs who monopolize access to the salt market. The aim of this research is to provide a comprehensive analysis of the importance of regulations related to setting a fair national salt price for salt farmers. This research uses normative legal research methods with a statutory and conceptual approach. The results of this research are so that salt farmers can easily and easily find out the quality of the salt they produce, the government makes policies related to national salt prices which can improve the quality of human resources and formulate regulations. which will determine salt quality criteria openly and the problems of legal regulation of salt prices in Indonesia, including limited access to capital for banks and financial institutions, effectiveness problems, unclear legal politics, and difficulties in coordinating with other laws and regulations, can be overcome. By revising Law No.7/2016. The conclusion of this research is that formulating policies related to salt production and pricing requires an integrated and comprehensive approach

Legality of Electronic Contracts in the Context of Good Faith Principle Application in E-Commerce Transactions within the Modern Economy: A Review Based on Wilstheorie

Seeing the many facilities provided by E-commerce, especially related to electronic contracts, legal problems arise from the side of civil law related to the validity of the agreement and the legal relationship of the parties. This research aims to determine the validity of electronic contracts from the perspective of the application of the principle of good faith in e-commerce transactions in the context of modern economics according to Wilstheorie. Electronic contracts are the result of advances in technology and information, where buying and selling transactions are carried out online through electronic media. The provisions regarding the legal requirements and legal force of electronic contracts in the laws governing electronic transactions are still uncertain. Electronic contracts are often made in a standardized contract format, where the clauses made do not pay attention to the application of the principle of good faith and applicable laws and regulations. Wilstheorie emphasizes the importance of moral and intellectual agreements with integrity and honesty and has an important role in shaping social structures that are not only fair but also sustainable. The research method used in this scientific work is normative juridical research method.  The results of this study state that Wilstheorie about standard contracts is an agreement or contract based on a shared understanding of the values and principles that underlie common life in society with integrity and honesty. This concept emphasizes the importance of moral and intellectual agreements in shaping a fair and sustainable social order

Clarity of Information and Consumer Consent in the Usage of Personal Data by E-Commerce Platform

The widespread use of e-commerce platforms in the era of the industrial revolution 4.0 cannot be separated from concerns about the use of personal data by these platforms without the consent of consumers. This can lead to misuse of consumers' personal data and causing losses. For this reason, regulations that protect consumer personal data from this are needed. In this regard, the existing legal instruments in Indonesia to protect personal data in general has been regulated in Law Number 27 of 2022 concerning Personal Data Protection and Government Regulation of the Republic of Indonesia Number 80 of 2019 concerning Trading Through Electronic Systems (PP 80/2019).  The problem is, these regulations do not provide an affirmation regarding the terms and conditions of the format that must be made by e-commerce platforms, thus that they are often made with lengthy and complex legal language which results in the impression that consumers agree to the use of personal data, even though they do not know it. Regarding this problem, the authors provide recommendations for adding provisions to PP 80/2019 which contains a brief, clear, and simple format of terms and conditions that must be made by e-commerce platforms in relation to the use of personal data

Implementation of Minister of Home Affairs Regulation Number 111 of 2014 concerning Technical Guidelines for Village Regulations (Study in Bedahlawak Village, Jombang Regency)

Villages have the authority to manage and regulate their own government affairs as recognized by Article 18B paragraph (2) of UUD NRI 1945. As governments that have their own autonomy, villages have the authority to form regulations at the village level. The formation of regulations in villages must be in accordance with Permendagri No.111/2014. However, many village regulation makers still don`t know the guidelines for forming regulations regulated in Permendagri No.111/2014, while village regulations that are not guided by Permendagri No.111/2014 don`t have formal legal force. The aim of this research is to find out the extent of the implementation of Permendagri No.111/2014 in Bedahlawak Village, and the factors that cause Permendagri No.111/2014 not to be implemented in Bedahlawak Village. This research uses empirical research methods with a collaborative research approach. The results of this research are that Permendagri No.111/2014 has not been implemented well in Bedahlawak Village, Jombang Regency. The factors inhibiting the implementation of Permendagri No.111/2014 in Bedahlawak Village, Jombang Regency are the lack of community participation in the process of drafting village regulations, the ignorance of the Village Government and the Village Consultative Body regarding the guidelines for forming regulations regulated in Permendagri No.111/2014, and the lack of training and assistance from the Jombang Regency Government for the Bedahlawak Village Government regarding the formation of regulations at the village level

Maintaining Debtors' Rights in Cessie Actions Through Implementing the Principle of Transparency

Cessie agreements, wherein creditors transfer rights to receivables to another party, are commonplace in the business world. However, under certain circumstances, a cessie agreement can be rendered null and void, leading to legal consequences for the parties involved. This research aims to analyze the legal protection afforded to debtors in the absence of notification regarding cessie actions, particularly in light of the principle of transparency for debtors. The normative legal research employed utilizes a statutory and doctrinal approach. This study found that a cessie agreement executed unilaterally, without the debtor's notification and approval, contravenes the nature of a cessie as stipulated in Article 613 Paragraph (2) of the Civil Code. A cessie agreement requires the approval of all parties involved. Consequently, the failure to fulfill the fourth condition (i.e., an act that contravenes public order and morality) of Article 1320 of the Civil Code renders the cessie agreement null and void. As a result, the receivables remain and cannot be written off, but the original creditor is prohibited from transferring them to new creditors. Debtors should pay close attention to credit agreements with banks, particularly clauses concerning the transfer of receivables via cessie, which must be approved by all parties. Moreover, debtors must understand the legal provisions regarding the submission of lawsuits for unlawful acts if the original and/or new creditors act arbitrarily and cause losses