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Seroja, Triana Dewi
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implementasi dan Implikasi Asas Kekhususan Sistematis pada Tindak Pidana Telekomunikasi Seroja, Triana Dewi; Fitri, Winda
Journal of Law and Policy Transformation Vol 4 No 2 (2019)
Publisher : Universitas Internasional Batam

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Abstract

Abstract The purpose of this research is to analyze and to find the implementation and implication of special systematical principle (lex specialis systematic) in cases of violations of the law committed by telecommunication corporations. This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the implementation of Anti-Corruption law in this regard is less precise. This kind of offense should fall under the Telecommunication law because the subject, object, and cause and effect of the violation are governed heavily by Telecommunication law. And the legal implications of the implementation of the Anti-Corruption Law generates legal uncertainty in law enforcement. This research offers a solution by fabricating a technical guideline in the enforcement of lex specialis systematic for the laws that contain the said special characteristic as a handbook when confronted by cases that hold the potential falling under several laws.
Perjanjian Pokok dan Perjanjian Hak Tanggungan dikaitkan dengan Asas Pelengkap Seroja, Triana Dewi; Fitri, Winda
Journal of Law and Policy Transformation Vol 4 No 1 (2019)
Publisher : Universitas Internasional Batam

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Abstract

Agreements for mortgages and complementary principles are two important legal issues in the Underwriting Rights Law. As a complement to the existence of an agreement on mortgages, it depends on the main agreement. Hence, its existence must be preceded by a principal agreement.This research uses the legal normative approach. It is a research method conducted by analyzing secondary data and utilizing a analytical descriptive. Based on the results of the analysis, it was found that the Underwriting Agreement preceded by the Principal Agreement could not be legally justified. This is Underwriting Rights are esablished or only have power, if the debt guaranteed by Underwriting Rights already exists. Unlike the case with the burden of mortgages that have been granted in the first credit agreement. It can also be charged to the next credit agreement that will exist in the future. Therefore, the Underwriting Law can be justified because it is in accordance with the complementary principle.
Co-Authors Fitri, Winda