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Contact Name
Amiludin
Contact Email
journalijlps@gmail.com
Phone
+6281288623959
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journalijlps@umt.ac.id
Editorial Address
Indonesian Journal of Law and Policy Studies Post Graduate Of Law Universitas Muhammadiyah Tangerang. JL. Perintis Kemerdekaan No 1/33, Babakan, Cikokol Kec. Tangerang, Kota Tangerang, 15117, Banten, Indonesia Email: journalijlps@gmail.com
Location
Kota tangerang,
Banten
INDONESIA
Indonesian Journal of Law and Policy Studies
ISSN : -     EISSN : 27226670     DOI : 10.31000/ijlp
Core Subject : Social,
The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related to contemporary issues in law or interconnection study with Legal Studies in accordance with the principle of novelty and including government policies both central and regional in a regulation
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
PROBLEMATICS AND LEGAL DIMENSIONS IN ARRANGEMENT OF SPACE ACCORDING TO LAW NUMBER 26 OF 2007 Amiludin Amiludin; Muhammad Asmawi
Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i2.2781

Abstract

The writing of this article starts from the problems that exist in the development situation in each region, especially in spatial planning, almost certainly has the same problem, such as the absence of consistent and strict licensing in development. Such as floods that occurred in urban areas of Jakarta, Bogor, Depok, Tangerang, Bekasi due to the development of the city. It is increasing the number of population, activities, and land requirements both for settlements and economic activities so that there is a change of function that should be used as a conservation area and green open space has turned into a residential area. This research uses the normative legal research method or discusses this problem more to the study of literature or secondary data. The normative legal analysis includes research on constitutional principles, research on legal systematics, research on the degree of vertical and horizontal synchronization, comparison of law, and history of law. Law enforcement on sustainable spatial planning is a very complex phenomenon with various approaches, both legal, social, political, economic and cultural issues so that for the benefit of the community, the interests of the government as well as the harmony of spatial planning, environmental sustainability needs supporting capacity of the environment and resources nature is included in the case of sustainable development.
PERLINDUNGAN DATA PRIBADI SEBAGAI BAGIAN DARI HAK ASASI MANUSIA ATAS PERLINDUNGAN DIRI PRIBADI Upik Mutiara; Romi Maulana
Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i1.2648

Abstract

Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.
CRIMINAL LAW CONSIDERATIONS (Ratio Decidendi) Prayitno Iman Santosa
Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i2.2774

Abstract

Judicial practice in Indonesia, judging from the decisions of criminal cases, generally judges give legal considerations only to prove the elements of a criminal offense. In contrast, the determination of the crime is not objectively considered, and most are merely considerations of incriminating and mitigating matters. On the other hand, the judge has absolute authority in imposing a crime; the judge's freedom is guaranteed by law. The supreme power of judges who are used freely without objective measures has the potential to produce corrupt decisions and injustices. Criminal objectives must be aligned with legal goals, namely to realize penalties that guarantee legal certainty, justice, and expediency. Ideally, good sentences reflect the three purposes of the law.
Economic Analysis Relationship in Determining The Size of Parliamentary Threshold in Indonesia Sholahuddin Al-Fatih
Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i2.3176

Abstract

This research tries to discuss the relationship of economic factors in the establishment of a legal norm. Through conceptual and statutory approaches, this study tries to examine the concept of the relationship between economics and the law initiated by Richard A. Posner. This research makes the establishment of the norm on the size of the parliamentary threshold in the implementation of legislative elections as a benchmark for the relationship between the economy and the law. The results of this study show that changes in the size of the parliamentary threshold can be understood as an open legal policy agreed upon by lawmakers. The existence of rules on open legal policy makes economic and legal relations in determining the norms of parliamentary threshold size become real. This research is expected to help academics and legal practitioners to dig deeper into the relationship between economics and law, so as to understand the advantages and disadvantages that may result from such relationships.
Penerapan Business Judgement Rules Dalam Badan Usaha Milik Negara Studi Kasus PT Asuransi Jiwasraya Franky Ariyadi
Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i1.2635

Abstract

In the case of PT Asuransi Jiwasraya, the company’s management decision caused the company to suffer a loss. To prove whether the Business Judgement Rulr can be used to protect the decisions that have been made, surely it must proven first: how the decision process is made, both from the legal aspects of the company and the criteria for the Business Judgement Rule.
Execution of Fiduciary Collateral Based on the Decision of the Constitutional Court Number 18/PUU-XVII/2019 Sofyan Wimbo Agung Pradnyawan; Siti Syahida Nurani; Arief Budiono; Sasongko Sasongko
Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i2.3165

Abstract

The Constitutional Court responded to the existence of a debt collector who had been very unsettling by the Constitutional Court by issuing Decision Number 18/PUU-XVII/2019 dated January 6, 2020. Based on the request for a judicial review of Law 42/1999 submitted by husband and wife Apriliani Dewi and Suri Agung Prabowo . Apriliani is a fiduciary who experiences direct losses as a result of creditors' withdrawal of the object of fiduciary security in the form of a car. Both applicants are declared to have legal standing in submitting a request for a judicial review. The Constitutional Court granted it with Decision Number 18/PUU-XVII/2019. In this decision, the execution mechanism for the fiduciary guarantee object was changed by the Constitutional Court as long as it was not provided voluntarily by the debtor. Previously, the Fiduciary Law allowed creditors to execute the object of fiduciary collateral themselves, but now to carry out the execution, creditors must submit an application to the District Court. However, the implementation of direct execution by the creditor without going through the District Court can be done if the debtor admits that there is a default or default in his agreement with the creditor.
DIALEKTIKA PERLINDUNGAN HUKUM BAGI GURU DALAM MENDISIPLINKAN SISWA DI SEKOLAH Fokky Fuad; Istiqomah Istiqomah; Suparji Achmad
Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i1.2634

Abstract

Teachers as educators are often in a dilemmatic position, between the demands of the profession and community treatment. Teachers are required to be able to deliver students to achieve educational goals. However, when teachers try to punish students in order to enforce discipline. spontaneously parents and society categorize it as an act that violates human rights and child protection laws. The formulation of the problem in this study are: First, how to protect the rights of teachers in disciplining students? Second, Has the Court Decision related to the teacher's efforts to discipline students provided protection for teachers or vice versa? The research method used is to use the normative legal method. The theoretical framework used is to use the theory of legal protection developed by Satjipto Rahardjo. The conclusions generated in this study: First, in the context of the dialectics between norms that meet each other, a legal synthesis appears through the presence of the Supreme Court's Decision which is able to provide protection for teachers. Second, that the Supreme Court Decree No. 1554 K / PID / 2013 has been able to provide optimal protection for teachers to carry out their functions as educators.
POLITIK HUKUM OMNIBUS LAW DALAM KONTEKS PEMBANGUNAN EKONOMI INDONESIA Agus Darmawan
Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i1.2655

Abstract

The research aims to formulate the politics of the omnibus law law as an effort by the Government to increase investment to advance the economy and prosperity of all Indon people. This study uses a normative approach. The results showed that the omnibus law had not been formulated effectively and accountably so that it needed improvement. The formulation and implementation of the Omnibus Law, it must be balanced at the level of effectiveness and accountability by paying attention to the juridical, political, sociological and economic aspects. Advocacy from all elements of the nation at the level of formulation and implementation of the omnibus law will effectively realize increased investment in economic development for the welfare of all the people of Indonesia.
LEGAL RIGHTS OF CONSUMER FINANCE AGREEMENT RELATED TO FIDUSIAN GUARANTEE SETTINGS IN THE CITY OF GORONTALO Nur Insani; Upik Mutiara
Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i2.2845

Abstract

This study aims to determine the implementation of fiduciary guarantees in financing agreements for motor vehicle purchases and the legal consequences if debtors default in financing the purchase of motor vehicles with fiduciary guarantees at PT. BFI Finance Gorontalo. The research method uses normative legal methods. Data sources consist of primary legal materials, secondary legal materials and non-legal materials. The results showed that the implementation of fiduciary guarantees in motor vehicle financing agreements at PT. BFI Finance Gorontalo is in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees. Default by the debtor can result in the execution of fiduciary guarantees without having to obtain a court decision because the fiduciary guarantee certificate has the same executorial power as a court decision that has obtained permanent legal force, without having to wait for a court decision, execution can continue to be carried out. If the debtor or fiduciary giver fails the promise, the execution of the object that becomes the object can be done by executing the executable title. If in the implementation of fiduciary collateral execution the transfer of collateral occurs by the debtor, then the PT. BFI Finance Gorontalo can take legal action on accusations of embezzlement of collateral.
ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK YANG BERKEMBANG MELALUI PUTUSAN HAKIM Tri Cahya Indra Permana
Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i1.2657

Abstract

General principles of good governance developed by judge decision. Those general principles must be obeyed by government officials. Some of new principles made by judges among other things : principles of ultra petita, principles of prohibition of issued a decree who has been cancelled by the court, and principles of government foult can not disadvantage people. The aim of the developing  general principles of good governance is to solve the administrative law problems.

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