Journal of Morality and Legal Culture
ournal of Morality and Legal Culture is a peer-reviewed journal published by the Doctoral of Legal Science Program, Faculty of Law, University of Sebelas Maret. It published twice times a year (July and December). This Journal aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal systems. It provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. Published exclusively in English and/or Bahasa Indonesia (will be considered), the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. Novelty and recency of issues, however, are a priority in publishing. The scope of the articles published in this journal deals with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Anthropological Law, Health Law, Law and Economics, Sociology of Law and another section related contemporary issues in Law (Social science and Political science). Journal of Morality and Legal Culture is an open-access journal which means that all content is freely available without charge to the user or his/her institution (for libraries or individuals). Users (for libraries or individuals) are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Articles
24 Documents
<![CDATA[Legal Protection for Sellers in the Use of Joint Accounts as One of the Payments in E-Commerce ]]>
<![CDATA[Muthia Sakti]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.44737
<![CDATA[The development of technology has accompanied the development of a freer and more open means of information. Everyone from all over the world can interact both one way and two ways with various interests. E-Commerce is one of the activities sponsored by technological developments in the era of globalization. One of the payment systems in e-commerce is using a joint account, a payment method for buying and selling goods online using third-party facilities to help create safe and comfortable conditions. In this paper, we will discuss sellers' legal protection in the use of joint accounts in e-commerce. The party that makes a breach of promise of transactions in e-commerce, the seller, one of the parties in the joint account, can legally be protected.]]>
<![CDATA[The Application of Criminal Sanctions on the Distribution of Alcoholic Drinks ]]>
<![CDATA[Haris Budiman]]>;
<![CDATA[Ela Nurlaela]]>;
<![CDATA[Diding Rahmat]]>;
<![CDATA[Suwari Akhmaddhian]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.44740
<![CDATA[This study aims to investigate the criminal sanctions on the distribution of alcoholic drinks as well as its application based on Regional Regulation. This case study was conducted in Kuningan District by applying juridical empirical research method. The results showed that Kuningan District has Regional Regulation No. 6 of 2014 concerning Supervision and Control of Alcoholic Drinks. This Regional Regulation regulates the distribution and sale of alcoholic drinks which are classified into 3 (three) groups, namely group A, group B, and group C. These three groups of alcoholic drinks can only be sold in star hotels with the Regent’s permission. Law enforcement in the application of criminal sanctions on the distribution of alcoholic drinks is carried out by holding raids in collaboration with related parties which are then followed up by carrying out investigation, search, and confiscation of alcoholic drinks. The sanctions imposed are in the form of imprisonment and/or fines.]]>
<![CDATA[Criminal Policy Formulation on Regulation of Death Penalties for Criminal Actors ]]>
<![CDATA[I Dewa Made Suartha]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.44743
<![CDATA[This article is encouraging this problem solving with finding and analyzing the formulation of the criminal offense criteria to punishable by death in Indonesian criminal law and reformulation of setting the criminal offender measurement that sentenced to death from the perspective of ius constituendum. The article based on normative legal research by examining primary and secondary legal materials by collecting legal-materials using a card system. The analytical approach uses legislation, concepts, and comparisons. The research analysis was present in the form of descriptive analysis with evaluative, systematic, formulating, and argumentative techniques in this article. The results of this research that conducted are the Indonesian criminal law does not regulate the criminal act criteria that punishable by death so that the execution of the death penalty results in injustice to both the perpetrator, the victim, and the community. The reformulation of Indonesian criminal law shall focus on the objectives and guidelines for the punishment of perpetrators of criminal offenses punishable by death refers to the Draft Criminal Code and the involvement of the victim and the community in their interests if in the execution of capital punishment there is a change to imprisonment or life imprisonment]]>
<![CDATA[The Philosophical Foundation of the Coherence of Regulations Concerning Apartment in Indonesia ]]>
<![CDATA[Salma Suroyya Yuniyanti]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.44745
<![CDATA[A state holds constitutional responsibility of embodying physical, psychological welfare, and social justice for all of its citizens. Developing apartments is one of the Indonesian government's policy to ensure the embodiment of these responsibilities. Regulation on apartment that adheres to horizontal separation principle (Horizontale scheiding beginnsel) still often leads to a range of legal issues. Accordingly, it is necessary to find out and comprehend the philosophical foundation of the coherence of regulations concerning apartment. The present study applied normative legal method with statutory and conceptual approaches. In practice, horizontal separation principle is not well-implemented and is not in line with the Basic Agrarian Law (BAL). Right of Ownership of an apartment unit (HMSRS) is a personal right and is separated from common right upon shared objects, parts, and land. This phenomenon can lead to legal issues, particularly when the secondary rights (i.e., right to use building or right to use upon the state land and right to use building or right to use upon the right to manage) are no longer extended. The implementation of horizontal separation has not provided a legal certainty for the community regarding apartment unit ownership. Accordingly, in order to provide legal certainties, the government should enact Government Regulation as further stipulation of Law no. 20 of 2011.]]>
<![CDATA[Limitation of Application of Sharia Principles in Sharia Economic Dispute Resolution in Religious Courts ]]>
<![CDATA[Zaidah Nur Rosidah]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.44749
<![CDATA[This paper aims to find the basis for the philosophical rationality of applying sharia principles in resolving sharia economic disputes in religious courts as well as the prerequisites required by religious court judges to apply sharia principles in resolving sharia economic disputes. The type of research used is normative legal research to find philosophical rationality and the institutionalization of sharia principles in resolving sharia economic disputes. The approach used is a conceptual approach. Secondary data were collected through literature study. The research results obtained first, the philosophical rationality of the application of sharia principles in sharia economic dispute resolution in line with the first and third principles of Pancasila. Second, the institutionalization of sharia principles becomes effective if there are prerequisites that must be met, firstly enough information for judges to understand sharia principles, secondly the obstacles that come from the judges themselves who are still oriented towards the flow of legism / positivism will have an effect on providing legal basis and third the speed of instilling the institutionalization of sharia principles can be done through education and training organized by the Supreme Court for Religious Court judges.]]>
<![CDATA[Analysis of the Fulfillment of Labor Social Security as a Work of Legal Protection ]]>
<![CDATA[Siti Ummu Adillah]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.44757
<![CDATA[The research objective is to analyze the fulfillment of labor social security as a form of legal protection for workers in the formal and informal sectors as well as barriers and their solutions. The juridical normative research method is descriptive analysis. The statutory approach method (statue approach). By using secondary data, which is supported by primary data, in the form of interviews with informants. The analysis technique uses qualitative analysis methods. The results showed that the fulfillment of employment social security for workers in the formal sector, namely the company is obliged to register its employees. Meanwhile, workers in the informal sector must pay their dues independently, be borne by themselves, because they work independently and the guarantee program that must be followed is only the work accident insurance and death insurance programs. Obstacles for workers in the formal sector are many companies that are “mischievous” and dishonest, there is manipulation of their salary report, companies are late in paying dues, and the supervisory function is not working properly]]>
<![CDATA[Educative Penalty System as a Protection Implementation for Children who Commit Crime ]]>
<![CDATA[Sulistya Eviningrum]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.44767
<![CDATA[Penalizing children who commit crime is actually intended for their-own sake. This kind of penalty has been created in such a way to suit the children. Therefore, the investigation carried out by the authorities before imposing the penalty should not eliminate the aspect of guidance and protection. The punishment formulations that give deterrent effect to those juvenile criminals should be the best effort through non-formal processes that have an optimal role to develop, such as families, schools, or social monitoring institutions. Namely: a). Informal warning; which involves the police to warn the children that they have done the wrong thing and make them not to do it again. There will not be any criminal minutes for this kind of punishment. b). Redeem mistakes with good deeds/ restitution: the children are asked to redeem their mistakes with good deeds, for example by paying compensation to the victim according to the children's capability. c). Community service: those children are ordered to do serve the community or fulfill certain tasks for several hours.]]>
<![CDATA[Juridical Analysis of Environmental Law Enforcement in Forestry Crimes Regulation in the Regional Autonomy ]]>
<![CDATA[Iswantoro Iswantoro]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.45589
<![CDATA[This paper discusses the UUPLH as the basis of Indonesia's environmental policy to prevent and overcome environmental pollution and destruction. A good and healthy environment is created; ecological law enforcement uses state administrative law instruments, civil law, and criminal law. At the law enforcement level, there are many obstacles. Due to the unclear formulation of offenses and various sanctions, the proof is quite difficult, except in being caught red-handed. Strictly speaking, preventive and repressive law enforcement measures against forest and land fires cases and their ecosystem impacts are still not adequate. This fact can be seen from the lack of resolution of forest and land burning issues that have been submitted to the court, and even almost none of the perpetrators of forest and land logging were charged with the legal sanctions above. As for the culture of law culture, the cases of forest and land fires are certainly large-scale corporations, which can even control political power. The state, in this case, state administrators, should consistently target corporate crime and focus on law enforcement efforts using available instruments.]]>
<![CDATA[The Law Due to Authentic Degradation of Assets Against the Parties ]]>
<![CDATA[Tommy Leonard]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.46480
<![CDATA[Degraded authentic deeds may cause losses to the parties. Notary as an official who is authorized by law has the responsibility for violations that cause the authentic deed to be degraded. In maintaining the professionalism of a notary, a notary who commits a violation can be given a sanction as a form of responsibility but also can file a lawsuit by the parties who suffer a loss. This thesis aims to determine the legal consequences of authentic deed degradation on the parties. The writing of this thesis uses a normative juridical research method or uses a statutory approach. Normative legal research is used to obtain rules, legal regulations and the application of the law. The notary's responsibility is given by imposing sanctions on the notary who commits the violation according to the level of the violation so that the notary can fulfill his responsibilities as a notary who has good morals and ethics in order to create justice for both the injured party and the notary itself.]]>
<![CDATA[Implementation of Prudential Principles in the Use of Disinfectants as an Effort to Prevent Covid-19 Pandemic for Legal Protection of Ecosystems ]]>
<![CDATA[Otih Handayani]]>
<![CDATA[ Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Sebelas Maret ]]>
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DOI: 10.20961/jmail.v1i1.46496
<![CDATA[The Covid-19 pandemic spreads almost all over the world, including Indonesia. The rapid spread of many fatalities resulted in the government using various means to overcome the pandemic, among others, with preventive efforts through massive disinfectant spraying. This research aims to lysis on applying the principle of prudence in the use of a disinfectant. This research is doctrinal/normative legal research with a statutory approach. Data is collected with literature studies, qualitatively analyzed. The results describe the use of large and inappropriate disinfectants that cause environmental pollution and adverse effects on public health. Environmental law analysis using Law No. 32 of 2009 and the regulations below can protect legal certainty and protect everyone's right to a good and healthy environment to protect the entire ecosystem.]]>
