22 research outputs found

    Default and the Crime of Fraud in Business Contract in Indonesian Laws

    Get PDF
    In a business case when a company had a legal problem to distinguish between fraud and default, the company need further legal analysis to see the difference between the two. This study aims to identify default and the crime of fraud in business contract in Indonesian laws. The results showed that every action that is categorized as a criminal case must have an act (actus reus) and malicious intent (mens rea). If actus reus is an act against the law, then what is meant by mens rea are things that include elements of the criminal act. There are 2 indicators to distinguish whether the act committed in the context of the agreement constitutes default or fraud. First, when, that is, if there is a situation that is not right before the agreement is closed/agreed upon, it is fraud, on the contrary if after the agreement is closed then it is default. Second, there must be a series of lies spoken before the agreement is closed before it can be said as fraud is not enough with one lie. Keywords: default, business crime, business contract, business law, Indonesia DOI: 10.7176/JLPG/107-03 Publication date:March 31st 202

    Analysis of the Implementation of Digitalization of Registration and Issuance of Land Certificates: Agrarian Law Perspectives in Indonesia

    Get PDF
    For the community, land has a multidimensional meaning from an economic, political, cultural and transcendental perspective. The purpose of this research is to understand the land certificate as proof of rights and proof of ownership of land rights, to analyze the application of digitalization of registration and issuance of electronic land certificates in the perspective of agrarian law in Indonesia. The method in this research is to use a normative juridical approach, an approach that refers to the prevailing laws and regulations. The results show that land is one of the main problems in Indonesia to provide protection and guarantee legal certainty where the government issues a new policy, the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia regarding Electronic Certificates (Peraruran Menteri or Permen ATR/BPN RI No.1 2021) which aims to realize the modernization of land services in order to improve the indicators of ease of doing business and public services to the community based on the optimization of the use of information and communication technology (ICT). However, these regulations must be based on aspects such as ideology, politics, economy, social, culture, law and human rights in the context of their creation and the conditions that allow them to be made in accordance with the constitution, the 1945 Constitution

    Proposing an Integrative-progressive Model in Handling Troubled Indonesian Overseas Workers in the Transit Area (a Socio-legal Research in Tanjung Pinang City, Kepulauan Riau Province)

    Full text link
    Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau) is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI) reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City. Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local government has to provide shelters and funds prior to returning them to their home towns. The treatments for the deported workers in the transit area have also raised pros and cons among the stakeholders who are in charge of handling the deported workers. This circumstance may not occur if a special regional regulation of the Riau Islands Province has been issued to govern the troubled Indonesian overseas workers in the transit area. Due to this vacuum of law, this research aims to establish a mechanism in handling the deported workers in the transit area by designing an integrative-progressive model which can be adopted by the stakeholders. The model is to link the legal and non- legal issues and as well as to provide the collaborative mechanisms for the stakeholders based on the approaches of the integrative and progressive legal theory

    ANALISIS YURIDIS PENJATUHAN PIDANA DI BAWAH MINIMUM KHUSUS TERHADAP TINDAK PIDANA NARKOTIKA (Studi Kasus Putusan Nomor 42/Pid.Sus/2019/PN Bpd)

    Get PDF
    One of the products of non-codified criminal regulations that adheres to a special minimum system. Article 12 paragraph (2) of the Criminal Code specifies the minimum criminal penalties applicable in Indonesia for one day of imprisonment, while Article 18 paragraph (1) of the Criminal Code also specifies one day of imprisonment as the minimum sentence for imprisonment. This is typically the case. However, the Criminal Code does not regulate the specific minimum criminal hazard level. Article 103 of the Criminal Code states that laws outside the Criminal Code can regulate special rules; in this case, based on the District Court Decision Number: 42 / Pid.Sus / 2019 PN Bpd, the defendant Syamsul Rizal Bin Zainal was sentenced in accordance with the subsidiary charges of the Public Prosecutor article 111 paragraph 1 with a minimum criminal threat of 4 years and a fine of Rp. 800,000,000 (Eight Hundred Million RupeesIn this legal research, a legal approach, a conceptual approach, and a case approach will be utilized, along with specific research requirements. In this investigation, both primary and secondary legal materials were utilized. The analyzed legal material is presented in a methodical, logical, and reasonable manner. On the basis of the study's findings, it is possible to conclude that the criminal conviction below the specified minimum in decision number 42/Pid.Sus/2019/PN Bpd violates the principle of legality (nulla poena sine lege), as the decision lacks legal considerations

    The Problems And Concepts of The Land Management Rights Improvement in Batam City

    Get PDF
    The purpose of this study is first, to know about the basic concept of land management rights in Batam City in terms of improving people's welfare. Second, knowing about improving the quality of land management rights in Batam City.The method used by this study is an empirical legal research. The type of data used is primary data, namely those obtained from interviews with the public community, government officers of Batam City, BP Batam and the District office and also Sub-district office. As well as conducting observations in the old village of Tanjung Uma and the old village of Nongsa. Both also use secondary data consisting of primary legal materials, namely the 1945 Constitution and Law Number 5 of 1960 concerning Agrarian Principles.Based on the results of the study, first, it was found that the Implementation of Land Management Rights in Batam became problematic after Indonesia entered the Reform phase with the enactment of Law No. 22 of 1999 on Local Government or Regional Autonomy Law, Law No. 53 of 1999 on The Establishment of Batam city and the Batam Mayor Decree No. 105 of 2004 on The Establishment of 37 Old Village Points. Second, through the socio-legal research, the researcher suggests that the Central Government and the Regional Government of the Riau Islands Province as well as the Batam City Government and BP Batam to immediately restructure the land policy regulations in Batam and synchronize land policies so that Batam people can obtain certainty of land rights as guarantees for their welfare in the future.

    Regulasi Keinsinyuran dalam Konteks ASEAN Mutual Recognition Agreement on Engineering Services

    Get PDF
    Infrastructure development is a benchmark for a country's achievement. Indonesia as developing countries makes various acceleration efforts by increasing the quality and quantity of engineers as the main actor to produce quality development plans. In addition, considering the development of the ASEAN Economic Community (AEC), engineering practice is expected to contribute globally, especially in ASEAN countries. To answer this, the Government of Indonesia issued Act Number 11 of 2014 concerning Engineering and Act Number 2 of 2017 concerning Construction Services. These two Regulation serve as legal protection for the implementation of engineering practice. However, along with the dynamics of political interests, the implementation of these two regulations are actually contradictive and they inherent the ambiguity of the roles of several intersecting institutions related to the engineering profession certification process. Hence this study aims to analyzes the disharmonization of the regulations and to offer solutions. To achieve the aims, the study uses a sociological juridical method that examines the provisions of the two act and examines in depth the realities that exist in society. Beside that, the method use the secondary legal material such as Mutual Recognition Agreement (MRA) on Engineer Service in ASEAN. This article offers a critical approach obtained from the Focus Group Discussion as a public sphere for the gap in engineering practice certification.  In this study, it was found that there are gaps in the function and flow mechanism in obtaining competency certificates. This condition has led to a tendency for professional actors to choose an easiest requirement but provide a large access to participate in various government projects. The study concludes that basically the presence of these two acts are beneficial in regulating engineering practices, but they are not supported by massive information and consistency of the government as a regulator and the synergity of the institutions involved in implementing these regulations has not been optimal

    Potensi Terjadinya Persaingan Usaha Tidak Sehat pada Penggunaan Aplikasi Perdagangan Elektronik di Era Revolusi Industri 4.0

    Get PDF
    Perkembangan teknologi di era industri 4.0 begitu pesat dan mempengaruhi kebiasaan masyarakat. Perubahan yang paling jelas terlihat adalah semakin banyaknya pelaku usaha yang memanfaatkan aplikasi perdagangan elektronik untuk menjalankan kegiatan usahanya, hal itu juga diikuti dengan minat konsumen yang semakin banyak bertransaksi dengan aplikasi tersebut. Penelitian ini bertujuan untuk mengetahui potensi terjadinya praktik persaingan usaha tidak sehat pada penggunaan aplikasi perdagangan elektronik saat ini, mengingat Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat lahir sebelum revolusi industri 4.0 terjadi. Melalui penelitian hukum normatif diketahui bahwa terdapat beberapa tindakan yang dilarang dan berpotensi terjadi dalam aplikasi perdagangan elektronik seperti oligopoli, penetapan harga, pemboikotan, oligopsoni dan perjanjian tertutup.Perkembangan teknologi di era industri 4.0 begitu pesat dan mempengaruhi kebiasaan masyarakat. Perubahan yang paling jelas terlihat adalah semakin banyaknya pelaku usaha yang memanfaatkan aplikasi perdagangan elektronik untuk menjalankan kegiatan usahanya, hal itu juga diikuti dengan minat konsumen yang semakin banyak bertransaksi dengan aplikasi tersebut. Penelitian ini bertujuan untuk mengetahui potensi terjadinya praktik persaingan usaha tidak sehat pada penggunaan aplikasi perdagangan elektronik saat ini, mengingat Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat lahir sebelum revolusi industri 4.0 terjadi. Melalui penelitian hukum normatif diketahui bahwa terdapat beberapa tindakan yang dilarang dan berpotensi terjadi dalam aplikasi perdagangan elektronik seperti oligopoli, penetapan harga, pemboikotan, oligopsoni dan perjanjian tertutup

    ANALISIS YURIDIS PENGATURAN ABORTUS PROVOKATUS TERHADAP KORBAN PEMERKOSAAN DI INDONESIA

    Get PDF
    Abortion or abortus provokatus constitutes a termination of pregnancy before the time of delivery. The objective of the study is to ascertain if the Abortion-related Health Law is a realistic rule based on the health aspects, as well as to analyze how long it should be allowed by the Health Law to perform an abortion according to medical criteria. The study uses a method of normative legal research. It concludes that the Health Law pertaining abortion is a realistic rule based on health aspects. Yet, it  is necessary to revise the abortion rules due to rape incidents. The rules permits the abortion if the gestational age is 6 (six) weeks or 40 (forty) days. It is calculated from the first day of the last period. It suggests that the gestational age should be 12 (twelve) weeks or 3 (three) months from the first day of the last period.   Keywords: Abortus Provocatus, Legal Protection, Rape Victim

    REVIEWING THE CONSTITUTIONAL RIGHTS ON DEMOCRATIC ELECTION PRACTICES IN INDONESIA AND THE PHILIPPINES

    Get PDF
    One form of democracy's embodiment is through general elections. The Philippines and Indonesia are two countries in the Southeast Asian region that are currently still developing their democratic practices through general elections. This study aims to compare how the general elections have been enforced in the two countries to obtain input on the implementation of democracy in Indonesia. The normative legal research design was used in this study, and data collection was carried out through a literature study. The functional comparative approach compares the implementation of general elections in the two countries. The data collected by literature searches were analyzed using a qualitative juridical analysis method. The analysis shows that although the two countries have declared themselves democracies and the general election is the form of their implementation in the constitution, general elections have been used to perpetuate power in both countries. The two countries have differences in implementing general elections due to historical differences and national problems. The most distinguishing matter that can be learned is how the Philippines implemented the general election through the existence of a plebiscite that makes the people more involved in the state process. In addition, information technology in the Philippines' general election has also made the process of conducting the general elections effective and efficient. This study is still limited to analyzing general elections at the national level, especially the presidential and vice-presidential elections. Further research on the general elections of legislature members and regional heads can add to our understanding of the comparative implementation of the two countries

    Penguatan Hukum Merek dalam Perjanjian Lisensi Guna Peningkatan Taraf Ekonomi Masyarakat di Indonesia

    Get PDF
    The issue of licensing agreements to improve the standard of living of people in Indonesia is very interesting to be studied in depth via intellectual discussions. Various problems should be taken as lessons for Indonesian people, for example: registration of the Toraja coffee trademark by the American businessmen, sambal uleg from Central Java and Gayo coffee by the Dutch and the song Sayang Sayange from Maluku and the legend of Garlic and Onion by Malaysia. The purpose of writing this article is to provide an explanation of the necessity to strengthen understanding of trademark law in the license agreement as an effort to improve the economic level of the Indonesian people. The problems focus on the government actions against the violations of Intellectual Property Rights (IPR) and as well as the roles of the government and society to improve the economic level of society through strengthening trademark law in license agreements. The research was conducted by using a normative legal research. The result of the research described in this article is that the economic level of the community can be increased by conducting a franchise business, providing opportunities for the franchisor to exploit economic rights in order to multiply and get the maximum profit at a low cost because it is borne by the franchisee.Keywords: Trademark, License Agreement, Economic Strat
    corecore