MURTI, Jentung Wisnu
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Recognition of the Existence of Traditional Legal Communities from the Perspective of Legal Philosophy ADIYANTO, Bama; KRISTHY, Mutia Evi; MURTI, Jentung Wisnu; SALAHIDIN, Salahidin
Journal of Political And Legal Sovereignty Vol. 1 No. 2 (2023): Journal of Political And Legal Sovereignty (April – June)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i2.82

Abstract

Purpose - The existence of customary law communities occurs naturally, which has natural consequences for obtaining their rights. The granting of their rights as legal subjects must be based on genuine awareness that they have the right to obtain them, not motivated by compassion, which is preceded by requests or requests through violent movements. The state was obligated to maintain the living space of existing communities long before the Indonesian state was formed.Methodology - In this writing, the author uses normative juridical methods by studying customary law communities ontologically, epistemologically, and axiologically.Findings - Recognition of its existence should be followed by legal certainty. Constitutive recognition of the existence of customary law communities is necessary. The stipulation of the Law on Indigenous Peoples is a form of state action in interpreting justice, as stated by Ulpianus.Implication - The existence of customary law communities should be seen as a community whose existence is beyond doubt because it has been epistemologically tested concerning current reality.
Legal Effectiveness and Legal Functions in Indonesia RAHAYU, Panggih Rangga; ADIYANTO, Bama; MURTI, Jentung Wisnu; SETIYONO, Aries; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.143

Abstract

Purpose: This study aims to describe the Effectiveness of Law and Legal Functions in Indonesia. Law serves as justice, certainty and expediency. In the practice of law administration in Indonesia, there are times when there is a conflict between legal certainty and justice. This research will examine the effectiveness of law and legal functions in Indonesia, based on the object of research to be studied, and then this research will be based on positive law.Methodology:This research uses a descriptive qualitative approach with library research methods. Legal certainty is concrete and tangible, while justice is abstract. Therefore, in solving a legal problem, the values of justice must be prioritized.Findings: The results of this study show that the effectiveness of law enforcement in Indonesia is influenced by several factors, namely the legal factors themselves, law enforcement factors, factors of facilities or facilities that support law enforcement, and community factors.Implication:The influence of law and the concept of purpose: It can be said that the concept of influence means the attitude of action or behavior associated with the rule of law in reality, a positive effect or effectiveness that depends on the purpose or purpose of the rule of law. A legal purpose is only sometimes identically stated in a rule and is not necessarily the real reason for the rule-maker.
Tax Legal Remedy Model in Principles of Forming a Sense of Justice Toward the Society KRISTHY, Mutia Evi; YANDI, Ahmad; SISY; VALINA; MURTI, Jentung Wisnu; SETYONO, Aries; SALAHIDIN; ASIHAY, Yayang
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.144

Abstract

Purpose: The source of state revenue comes from community participation. The tax state is one of the ways to collect taxes from its people because taxes are used as a means for the welfare of the people. (SPT), then deposit their tax obligations. The enormous trust of taxpayers in taxpayers is naturally balanced with supervisory instruments; for this purpose, the tax authorities are given the authority to carry out tax audits.Methodology:The type of research that will be used in this proposal is empirical legal research. This type of empirical legal research uses field data, such as the results of interviews and observations, as the primary data source. Empirical legal research is used to analyze the law, seen as patterned social behavior in people's lives that constantly interacts and relates to social aspects.Findings: If the inspection results show discrepancies or discrepancies, the paying tax authorities issue a Tax Assessment Letter (SKP), which functions as a Billing Letter. In practice, there are often differences in settlement between the tax authorities and taxpayers, which is one reason for tax disputes arising.Implication:Within the framework of a rule of law state, the taxpayer is entitled to legal protection to resolve the dispute in case of a tax dispute. The dispute resolution pathways provided include objections, appeals, and lawsuits.