International Journal of Law Reconstruction
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
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<![CDATA[THE EFFECTIVENESS OF MAHKOTA WITNESSES (KROON GETUIDE) EVIDENCE ON NARCOTICS ABUSE ]]>
<![CDATA[Yasmirah Mandasari Saragih]]>;
<![CDATA[Muhammad Ridwan Lubis]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15627
<![CDATA[The use of Mahkota witnesses in Indonesia is still a matter of debate today, both among practitioners and academics, because there is no legal certainty regarding the use of this Mahkota witness. The research method uses juridical normative, the results obtained state that the effectiveness of the presence of Mahkota witnesses is to complete the minimum requirements for evidence to prove someone guilty. Where in the case of narcotics abuse, the lack of evidence found can facilitate the judicial process, the Mahkota witness is used to complete the truth to be revealed or material truth. The Mahkota witness does not affect the severity or lightness of the crime, but its usefulness is as a matter of convincing about the defendant's guilt or whether or not a narcotics abuse is proven. The testimony of the Mahkota witness has the power of proof if it is declared valid as a witness, there is no objection from the defendant's legal adviser regarding the presence of the Mahkota witness and the statement is stated before the court which has been sworn in beforehand and the information given is in accordance with the testimony given by other witnesses or tools other evidence so as to prove the defendant's guilt.]]>
<![CDATA[POLITICAL CHANGING FOR PRIME MINISTER OF JAPAN ]]>
<![CDATA[Osamu Ryoichi]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15540
<![CDATA[The prime minister of Japan (日本国内閣総理大臣, Nihon-koku naikaku sōridaijin, or shushō (首相)) (informally referred to as the PMOJ) is head of the government of Japan, the chief executive of the National Cabinet and the commander-in-chief of the Armed Forces of Japan; he is appointed by the emperor of Japan after being designated by the National Diet and must enjoy the confidence of the House of Representatives to remain in office. He is the head of the Cabinet and appoints and dismisses the other ministers of state. The literal translation of the Japanese name for the office is Minister for the Comprehensive Administration of (or the Presidency over) the Cabinet. The current prime minister of Japan is Yoshihide Suga. On 14 September 2020, he was elected to the presidency of the governing Liberal Democratic Party (LDP). After being confirmed in the Diet, he received an invitation from Emperor Naruhito to form a government as the new prime minister, and took office on 16 September 2020. Japan's parliament has elected Yoshihide Suga as the country's new prime minister, following the surprise resignation of Shinzo Abe. After winning the leadership of the governing party earlier this week, Wednesday's vote confirms the former chief cabinet secretary's new position. It happened because the needed of political interest for Japan.]]>
<![CDATA[THE IMPLEMENTATION OF DIPLOMATIC LEGAL PRINCIPLES: GERMAN EMBASSY STAFF VISITING ISLAMIC DEFENDERS FRONT (FPI) HEADQUARTERS CASE ]]>
<![CDATA[Fradhana Putra Disantara]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.13636
<![CDATA[This legal research uses a conceptual approach and statue approach; by using primary and secondary legal materials. The purpose of this legal research is to describe the principles of diplomatic law and their application to the case of actions of German Embassy staff who have visited the headquarters of the Islamic Defenders Front (FPI). The results of this study indicate that diplomatic law is a system containing various principles of international law to regulate diplomatic relations between countries with universal approvement. Then, the development of diplomatic law is very progressive; marked by various conventions and codifications to create holistic norms. Furthermore, the actions of German Embassy staff visiting FPI headquarters cannot be justified by diplomatic law. This is because the potential acts of espionage by German Embassy staff also target the violation of the principle of non-intervention. Hence, on diplomatic law; violation of the principle of non-intervention creates persona non grata consequences.]]>
<![CDATA[THE RELEVANCE OF PANCASILA JUSTICE IN IMPLEMENTING STATE ADMINISTRATIVE COURT DECISIONS ]]>
<![CDATA[Dani Sintara]]>;
<![CDATA[Marzuki Marzuki]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15646
<![CDATA[Administrative law in its development has two dimensions, on the one hand guarantee the realization of state power balance and includes the relationship between the relevant state institutions and on the other hand guarantee the harmonization between the function and duties of the state with the ideals of the nation, it is also clear that the administrative law is a realized media From the concept of limitation of power as it becomes the core of a constitutional democracy, the method of approaching normative juridical, the results of the study stated that the issue of the implementation of the State Administrative Court's court ruling depend on the moral ethics of public officials, has made a state administrative court ruling difficult to exceed in reality in society. Such conditions have contrary to the principle of the Litit of the Oportet which requires every case there must be finally because the purpose of the case of the court to the court is certainly to get a solution. Pancasila justice is a basic principle must be implemented in the decision of the State Administrative Court to realize the certainty of law and justice needed by the community.]]>
<![CDATA[DEBTOR PROTECTION IN PERSPECTIVE OF PANCASILA JUSTICE VALUE ON SEPARATIC CREDITOR EXECUTIONS ]]>
<![CDATA[Widhi Handoko]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
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DOI: 10.26532/ijlr.v5i1.15577
<![CDATA[The execution of the execution by separatist creditors without going through court adjudication as stipulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to Pancasila justice. The method used in this research is a non-doctrinal method. Based on the data obtained, it can be seen that the implementation of bankruptcy executions as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture that shows that bankruptcy executions are guaranteed with mortgage rights. Without having to go through an amazing in court, the meaning of the debtor's insolvency should be an examination in court or through amazing regarding the debtor's ability to pay off his debt, not solely based on the analysis and views of the separatist creditors. This is implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, by the view of appreciation for human values or human rights awards in the form of equality before the law to be able to realize a just bankruptcy execution that can protect the interests of separatist creditors while protecting debtors from losses resulting from bankruptcy.]]>
<![CDATA[RESTITUTION RIGHTS AS A CONSTRUCTION OF JUSTICE REFERRING TO THE LAW ON PROTECTION OF WITNESSES AND VICTIMS ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15321
<![CDATA[This study aims to determine the effectiveness of restitution rights regulations for witnesses and victims based on Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims. The provision of restitution which is the right of victims is often neglected, so that victims in their capacity as the aggrieved party do not get the rights that should be as stipulated in legislation. Based on this, this research emphasizes more on the factors that cause the ineffectiveness of regulations regarding restitution rights, as well as how efforts should be made so that victims can get restitution rights in accordance with the value of justice. The research method used in this research isresearch method library with a normative juridical approach that emphasizes secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research state that the factors that cause the ineffectiveness of restitution rights are the victim's ignorance of the existence of the right to retribution and the procedure for filing it, the perpetrators of criminal acts are generally incapacitated, and there is no good faith for the perpetrators of crimes who generally have adequate financial capacity. Efforts that must be made so that victims get the right to restitution is to replace the application of the service model for victims of criminal acts that should position the victim as a subject who needs extra services, as stated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. In addition, the current effort is to make the replacement of the right to restitution as an additional punishment which automatically becomes part of the judge's decision to be implemented immediately.]]>
<![CDATA[THE IMPLEMENTATION OF HUMAN RIGHTS IN LABOUR AND HUMAN TRAFFICKING LAW ON WOMEN ]]>
<![CDATA[Sulistyowati Sulistyowati]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.11295
<![CDATA[This study aims to analyze implementation of human rights in economic field and role of the Government, Educational Institutions and Non-Governmental Organizations in the prevention and control of trafficking in women. How to achieve the goal, is done by empirical studies and documentation studies, to obtain primary and secondary data. This research is descriptive analytical. The approach method used is empirical juridical. Data analysis was carried out in a qualitative descriptive manner. Factors that cause the implementation of human rights in the economic field have not been fully realized because between legal policies and legal implementation have not been running consistently and simultaneously. The realization of human rights in the economic field is still only limited to issues and has not become a concrete implementation. The role of the Government in the prevention and overcoming of trafficking in women is still limited to political will by the issuance of a law that ratifies the ASEAN Convention Against Trafficking in Persons, Especially Women and Children, then followed by Institutional Infrastructure Compilation. The role of Educational Institutions and Non-Governmental Organizations in the prevention and prevention of trafficking in women, has responded with action, prevention and handling of trafficking in women, through the socio-economic empowerment of families and advocacy in handling cases of trafficking in women. The struggle and movement for the achievement of feminism justice, in the economic field is carried out by empowering the family economy, improving education and expanding access to job search for women by utilizing information technology.]]>
<![CDATA[AUTHENTIC NOTARIAL DEED ISSUE OF ATTORNEY POWER APPLICATION TO CHARGE ON MORTGAGE RIGHTS ]]>
<![CDATA[Dahniarti Hasana]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15578
<![CDATA[In progress, if a debtor himself is unable to register Deed of Granting Mortgage Rights application, then he may choose a representative. As a consequence of debtor's absence, deed of giving mortgage rights must be made into Attorney power to Charge for Mortgage Rights deed. This research is a sociological juridical research. the research results obtained In its development Article 96 PMNA/Perkaban No. 3 of 1997 as amended by Perkaban No. 8 of 2012 requires that deed be made in accordance with forms prepared by BPN or the Land Agency. This is clearly at odds with the provisions related to deeds of Article 15 paragraph (1) of Act No. 2 of 2014 which mentions that Notaries are authorized to make authentic deeds, not writing letters or filling in forms such as SKMHT form drafted by BPN. Therefore, it is clear that the current SKMHT has contradicted the provisions of Article 15 paragraph (1) of Act No. 2 of 2014.]]>
<![CDATA[AN ONLINE CREDIT AGREEMENT WITH COLLATERAL IN INDONESIA ]]>
<![CDATA[Ma’ruf Akib]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15484
<![CDATA[Along with the rapid development of information technology which in turn has an impact on economic activity around the world, financial technology is here to provide facilities in the provision of financial services for the community. The ease of convenience offered through unsecured online loans carries the risk of loan defaults made by debtors. The purpose of this research is to find out what is the urgency of the need for collateral as one of the requirements for submitting online loans and how online registration of fiduciary collaterals can be a preventive measure for bad credit in online credit distribution. This study uses a normative-juridical research method. The result of this research is that there is a collateral that the online lending agreement functions as a legal umbrella so that debtors' obligations to creditors are fulfilled so that they avoid default, default, and even investor losses in Fintech P2P Lending activities. The importance of having a fiduciary collateral that is registered in the credit agreement online is to avoid a legal vacuum (rechts vacuum) or legal vacuum (wet vacuum) when there is default or default by the debtor.]]>
<![CDATA[JURIDICAL REVIEW OF BUILDING RIGHTS EXTENSION ON MANAGEMENT RIGHTS ]]>
<![CDATA[Herlina Hanum Harahap]]>;
<![CDATA[Danial Syah]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15580
<![CDATA[The term of Building Use Rights on Management Rights was initially for 50 years in accordance with the provisions of Article 35 of Act No. 5 of 1960 but with the existence of Article 29 of Government Regulation Number 27 of 2014 to five 5 years. This clearly results in the issue of legal uncertainty for holders of Building Use Rights over Management Rights. The method used is normative juridical, the results of research obtained based on the analysis carried out can be seen that so far the arrangement for extension of Building Use Rights over Management Rights cannot be separated from the provisions of Article 35 of Act No. 5 of 1960, namely 30 years which can be extended with an approved for 20 years, with the provision of Article 29 of Government Regulation Number 27 of 2014 on Management of State and/or Regional Property, it has clearly changed the length of time granting Building Use Rights over Management Rights, namely for five years which can be extended with government approval. The provisions of Article 29 of Government Regulation Number 27 of 2014 on Management of State and/or Regional Property have resulted in legal certainty issues and can harm the holders of Building Use Rights above management rights so that it is clear that the provisions including Verordnung & Autonome Satzung have contradicted the provisions.]]>
