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Sunardi Purwanda
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Amsir Law Jurnal (ALJ)
Published by institut ilmu sosial dan bisnis andi sapada
ISSN : -     EISSN : 27159329     DOI : https://doi.org/10.36746/alj.v2i1.28
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Amsir Law Journal (ALJ) is a peer-reviewed journal published by Sekolah Tinggi Ilmu Hukum (STIH) Amsir. ALJ is published twice a year in April and October. This journal provides direct open access to content with the principle of free availability in the public interest and supports greater global knowledge exchange. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal relates to various topics: such as Criminal Law, Civil Law, Constitutional Law, Administrative Law, Human Rights, International Law, Islamic Law, Adat Law, Environmental Law, Sociology of Law, Criminology and Victimology and other parts related to contemporary problems in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 2 No 1 (2020): Oktober" : 5 Documents clear
Antinomi Kewenangan Mahkamah Konstitusi dalam Menguji Peraturan Pemerintah Pengganti Undang-Undang Muhammad Taufiq Hafid; Willy Talentaniko; Yudi Pratama Tanjung
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Amsir

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.27

Abstract

Government Regulation a Substitute for laws (Perppu) is president right to regulate something in terms of compelling urgency. Perppu issued by the president must be immediately determined by the House of Representatives to be declared rejected or accepted. Article 24 C Constitution of Republic Indonesia 1945 stipulates that authority of Constitutional Court is to only examine the law against Constitution of Republic Indonesia 1945, not the Perppu. However, Constitutional Court through decision No. 138 / PUU-VII / 2009 states that the Constitutional Court has authority to examine Perppu against Constitution of Republic Indonesia 1945. The Perppu made by president make a new legal norms that give rise to new legal status, new legal relationships and new legal consequences. Constitutional Court interprets that norms contained in Perppu are as binding as norms in the law. In conducting tests, Constitutional Court does not distinguish between formal and material laws.
Adversary System in Common Law Countries and Possibility for Implementation in Indonesian Court Puspita Nirmala
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Amsir

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.28

Abstract

This research tries to open the possibility of implementing an adversary system which is very closely related to the common law system in Indonesia, especially concerning the “The Rights of the Accused” in the criminal justice process. This research is carried out normatively by conducting legal studies through literature and legislation. The result of this research is that if the accused declared himself guilty of the crime he committed, this means that the accused will lose his right to be tried and processed fairly trial in the common law system. If a defendant is declared guilty, then the next process is the conviction without trial, in which case there are weaknesses in the rights of the accused that should have been carried out through a jury trial. Is it possible to apply in Indonesian courts? Is it not contrary to the norms contained in the Code of Criminal Procedure (KUHAP), especially regarding the rights of suspects relating to human rights (HAM), such as equal treatment before the law; put forward the presumption of innocence; the right to compensation; right to legal assistance; the defendant's rights before the court; a free, fast and simple trial; and a court that is open to the public. However, if possible in Indonesia to switch to the adversary system, the judge's role can be limited only as a referee to allow the creation of a fair trial. The party in charge of deciding whether or not the defendant is right is the jury.
The Effects of Monism and Pluralism on Legal Development of a Nation Sunardi Purwanda; Mira Nila Kusuma Dewi
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Amsir

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.30

Abstract

This study demonstrates the impacts of monism and pluralism on the legal development of a nation. First of all, this study discusses how isms or sects or ideologies begin, related to supernatural thoughts by humans. Subsequently, these thoughts develop into a concept that nature is the center of this universe. Nature sign is not due to supernatural power or in other words rain falls not because the Rainy Goddess is crying but nature itself moves its power. Nature supreme grows well in human knowledge, through natural studies, which is called naturalism. Naturalism continuously forms materialism, something that presents/exists, and then it is what is called the truth. Next, these thoughts develop to mechanistic and vitality thoughts. These give impacts to culture, social even legal system in a nation.
Pros-Cons of Implementing the Right to be Forgotten Rules in the ITE Law Saharuddin Saharuddin
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Amsir

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.31

Abstract

Article 26 paragraph (3) of Law number 19 the Year 2016 concerning Electronic Information and Transactions (The ITE Law) in Indonesian concerning the right to be forgotten. The contents of this article allow a person based on a court order to ask the electronic system administrator to delete irrelevant electronic information that is under their control. This provision conflicts with several other rights, which are also regulated in several laws. Like the location of the intersection right to be forgotten with the protection of personal data and public access to information.
The Responsibility by PT Pegadaian for the Guarantee of Damaged and Lost Goods Nurdiyana Tadjuddin; Yohanis Yabes Tjiaman
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Amsir

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.32

Abstract

The practice of pawning in a PT Pegadaian is certainly inseparable from the various problems faced by the PT Pegadaian itself, especially the problem of collateral during storage. Collateral is stored at the PT Pegadaian, not a few that have an impact on damage or loss of the collateral. Damage and loss can occur due to negligence because it is stored for a long time. What is the form of responsibility by PT Pegadaian, if there is a guarantee for damaged and lost goods? People are starting to pay attention to trusted institutions such as PT Pegadaian so that this research seeks to study further if people choose to become customers at a PT Pegadaian, and suffer unwanted losses, then there is a loss such as loss or damage to collateral, the PT Pegadaian must be responsible and provide compensation by the applicable laws and regulations.

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