Indonesian Journal of Law and Policy Studies
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
Articles
41 Documents
<![CDATA[URGENCY OF CONTENT VILLAGE REGULATION IN THE FRAMEWORK OF VILLAGE GOVERNANCE ]]>
<![CDATA[Ali Rido]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i2.2970
<![CDATA[Village regulations, as part of the rules, must-have content material if they are to be established. In higher standards, the content of village regulations is not explicitly regulated but only explains the macro aspects of village authority. Given that the content material is not in detail, it is essential to reinforce the content of village regulations as a guide in its formation. Through normative juridical research that uses a statutory and conceptual approach, the results found two critical things. First, affirming the content of village regulations is very important considering that the village government regime has the authority to form village regulations, which are a type of statutory provision as is familiar with other laws and regulations. Second, the content of village regulations can be emphasized and detailed by looking at the authority of the village. Thus, the content materials that can be used as guidelines in the formation of village regulations are as follows: 1). The content relating to the rights of origin of the village; 2). Material content about the value of local communities; 3). The contents of which are the duties of the government following the provisions of laws and regulations.]]>
<![CDATA[PELAKSANAAN HUKUMAN MATI DALAM PERSEPEKTIF HAK ASASI MANUSIA ]]>
<![CDATA[Heriyono Heriyono]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i1.2636
<![CDATA[In 2015 the Government of Indonesia carried out three stages of executions of 18 inmates, out of 18 convicted prisoners, only 4 inmates were Indonesian citizens, the rest were foreign nationals, this was what later made the execution of death executions by the Indonesian government in 2015 a global spotlight . For the Indonesian government, the execution of several people convicted of narcotics and illegal drugs is a logical consequence of the spirit of law enforcement in Indonesia. It is also evidence of the government's commitment in its fight against drugs. In Indonesia, violations and crimes against the misuse of narcotics and illegal drugs are high class crimes (extra ordinary crime) as well as terrorism. This article discusses how the history of the death penalty, then also about the existence of the implementation of the death penalty in the legal system in Indonesia, furthermore also about the debate and pros and cons of the implementation of the death penalty, and the last is about the implementation of the death penalty in the perspective of human rights relativeiseme. This arithmetic draws the conclusion that the development of the pendang way of carrying out the death penalty is strongly influenced by historical factors of the country concerned. In addition, natural factors (culture) and culture (culture) also influence the development of thought implementation and application of the death penalty.]]>
<![CDATA[ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK YANG BERKEMBANG MELALUI PUTUSAN HAKIM ]]>
<![CDATA[Tri Cahya Indra Permana]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i1.2657
<![CDATA[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.]]>
<![CDATA[LEGAL RIGHTS OF CONSUMER FINANCE AGREEMENT RELATED TO FIDUSIAN GUARANTEE SETTINGS IN THE CITY OF GORONTALO ]]>
<![CDATA[Nur Insani]]>;
<![CDATA[Upik Mutiara]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i2.2845
<![CDATA[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.]]>
<![CDATA[POLITIK HUKUM OMNIBUS LAW DALAM KONTEKS PEMBANGUNAN EKONOMI INDONESIA ]]>
<![CDATA[Agus Darmawan]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i1.2655
<![CDATA[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.]]>
<![CDATA[DIALEKTIKA PERLINDUNGAN HUKUM BAGI GURU DALAM MENDISIPLINKAN SISWA DI SEKOLAH ]]>
<![CDATA[Fokky Fuad]]>;
<![CDATA[Istiqomah Istiqomah]]>;
<![CDATA[Suparji Achmad]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i1.2634
<![CDATA[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.]]>
<![CDATA[Execution of Fiduciary Collateral Based on the Decision of the Constitutional Court Number 18/PUU-XVII/2019 ]]>
<![CDATA[Sofyan Wimbo Agung Pradnyawan]]>;
<![CDATA[Siti Syahida Nurani]]>;
<![CDATA[Arief Budiono]]>;
<![CDATA[Sasongko Sasongko]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i2.3165
<![CDATA[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.]]>
<![CDATA[Penerapan Business Judgement Rules Dalam Badan Usaha Milik Negara Studi Kasus PT Asuransi Jiwasraya ]]>
<![CDATA[Franky Ariyadi]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i1.2635
<![CDATA[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.]]>
<![CDATA[CRIMINAL LAW CONSIDERATIONS (Ratio Decidendi) ]]>
<![CDATA[Prayitno Iman Santosa]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i2.2774
<![CDATA[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.]]>
<![CDATA[Economic Analysis Relationship in Determining The Size of Parliamentary Threshold in Indonesia ]]>
<![CDATA[Sholahuddin Al-Fatih]]>
<![CDATA[ Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Tangerang ]]>
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DOI: 10.31000/ijlp.v1i2.3176
<![CDATA[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.]]>
