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Muhammad Nasir
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Jl Puspitek Raya Komplek Puri Serpong 1 Blok E1 No.18, Kel. Setu Kec. Setu Kota Tangerang Selatan Prov. Banten, Indonesia Kode Pos 15314.
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INDONESIA
IJLRSA
Published by Perkumpulan Dosen Peneliti Indonesia
ISSN : -     EISSN : 3025843X     DOI : https://doi.org/10.58818/ijlrsa
Core Subject : Humanities, Social,
Humanities Social Sciences
The International Journal of Law Review and State Administration is an academic journal for the study of law and research related to law and state administration. A legal study which contains several researches and reviews of selected disciplines in several fields of study of law, namely Legal Sociology, Legal History, Comparative Law, Constitutional Law and so on. In addition, the Journal of Law science which covers the study of the law more broadly. This journal is published regularly and the manuscripts are approved by the editorial team and ready to be published and published regularly on the Journals website. The scope of discussion of the journal includes Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedural Law, Commercial Law, State Administrative Law, Constitutional Law, International Law, Agrarian Law, and Environmental Law, as well as other discussions related to legal science.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
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Analysis of Legal Protection for Owners of Multiple Land Certificates Issued The Badan Pertanahan Nasional Dewi Tjandraningsih; Rahul Khan
The International Journal of Law Review and State Administration Vol. 1 No. 1 (2023): July - August : The International Journal of Law Review and State Administratio
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i1.40

Abstract

The research objective is to analyze the legal consequences of multiple land certificates with the same object. To study the law for holders of various certificates. To analyze the Supreme Court Decision number 1820K/Pdt/2021. The research method uses a qualitative approach that narrates events that occurred in the field. Data collection techniques through interviews with judges and plaintiffs and documentation studies in the form of archives at the supreme court. The conclusion is that the legal consequences of multiple certificates on land with the same object due to the negligence of the head of the land agency are legal uncertainty in the ownership of various certificates so that multiple certificates can be canceled through a Court Decision because they have permanent legal force (Eintracht van gewijsde), the land agency must is responsible for issuing double certificates and revoking them because they have been declared null and void. Legal protection for land certificate holders, as stated in Government Regulation no. 24 of 1997, Article 19 paragraph (2) letter c, Article 23 paragraph (2), Article 32 paragraph (2), and Article 38 paragraph (2). The certificate is valid as strong evidence; with the Supreme Court's cancellation decision Number 1820 K/Pdt/2021, with Property Rights Certificate no. 535 in Cipatujah Village, legal protection for certificate owners has yet to materialize.
Implementation of Reverse Evidence of Internal Assets Case of Consolidation of Corruption Crimes Pandri Zulfikar; Rosmalily Binti Salleh
The International Journal of Law Review and State Administration Vol. 1 No. 1 (2023): July - August : The International Journal of Law Review and State Administratio
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i1.43

Abstract

The purpose of this study is to find the justification for judicial practice in confiscating the assets of the Defendant who has not been charged with a system of reverse evidence in the combination of Corruption Crimes and Money Laundering Crimes. To find out the application of the Reverse Evidence system regarding the assets of the Defendant who have not been indicted in the case of the merger of Corruption Crimes and Money Laundering Crimes. Qualitative research methods explain the phenomena that occur and prioritize the substance of these phenomena. Techniques for collecting data are interviews with those related to Corruption, observations at research locations, documentation studies in the form of archives, and data according to facts. Conclusion: (1). In implementing Articles 37 and 37.A in Law no.31 of 1999 in conjunction with Law no.20 of 2001, which relates to the Eradication of Corruption Crimes. (2). In Article 38.B paragraph (1) of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 relating to the Eradication of Criminal Acts of Corruption (3). Article 77 Law no. 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. (4). Article 78 of Law no. 8 of 2010, regarding the Prevention and Eradication of Money Laundering Crimes.
Juridical Analysis of Electronic Transaction Information Crime Against Gambling Mofea, Sukhebi; Tamara, Beggy; Apriliyanto, Ardinal
The International Journal of Law Review and State Administration Vol. 1 No. 1 (2023): July - August : The International Journal of Law Review and State Administratio
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i1.47

Abstract

The research objective is. To find out the legal rules regarding gambling crimes. To find out the Decision of the Tangerang District Court at No. 794/Pid.Sus/2018/PN.Tgn. For perpetrators of ITE crimes against gambling crimes. Analyze the obstacles to law enforcement and efforts to address them. The research method uses a normative legal approach qualitatively, as a system based on principles, norms, and regulations that become stipulations and court decisions. Conclusion with legal norms on criminal acts of gambling crimes in accordance with Articles 303 and 303 bis of the Criminal Code, Law no. 7 of 1974. Criminal control of gambling crimes. Proof can be analyzed by Judges from the Tangerang District Court. Decision No. 794/Pid.Sus/2018/PN.Tgn. Considering the validity of the facts and norms that were revealed in the trial, the statements obtained from witnesses and from the testimony of the accused as well as evidence became a conviction for the Judge. So that the defendant has been proven and convincingly guilty of committing a crime. Obstacles in enforcing legal norms for perpetrators of online gambling crimes through internal means. Still lacking in understanding and mastery of ITE. And lacking facilities for searching for evidence, and how to track servers accessed by online gambling managers.
Acts Against Civil Law Versus Acts Against Criminal Law Versus Rechtsvinding HogeRaad / Supreme Judge Fernando, Youngky
The International Journal of Law Review and State Administration Vol. 2 No. 2 (2024): March-April : The International Journal of Law Review and State Administration
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v2i2.49

Abstract

An unlawful act in Dutch is called "onrechmatige daad" and in English, it is called "tort" which means "wrong". The word "tort" developed to mean civil "wrong" that does not result from "default". So it is similar to the meaning of "act against the law" which is called "onrechmatigedaad" in the Dutch legal system. The word "tort" comes from the Latin word "torquere" or "tortus" in French, just as the word "wrong" comes from the French word "wrung" which means "mistake or loss" (injury). The principle and aim of establishing a legal system for "unlawful acts" are to be able to achieve what is said in the Latin proverb, namely Juris praecepta sunt luxe, honestevivere, alterum nonlaedere, suum cuique tribuere (the motto of the law is to live honestly, not harming people). others, and give others their rights). Onrechtmatigedaad (acts against the law) Article 1365 of the Civil Code or Burgerlijk Wetboek-Netherland Article 1401: "Elke onrecthamatigedaad, waardoor aan een ander schade wordt toegebragt, stelt dengene door wiens shuld die schade veroorzaakt is in de verpligting om dezelve te vergoeden ”. Soebekti and Tjitrosudibio translate it: "Every act against the law, which causes loss to another person, requires the person whose fault it was to cause the loss, to compensate for the loss." Later, after January 31, 1919, one element was added to "Unlawful Acts", namely, the prohibition of violating other people's rights and contradicting morality and propriety in living in society, nation, state vs human rights.
Juridical Analysis of Sanctions On The Criminal Action Of Narcotics Abuse Goal I According To Law No. 35 Of 2009 Sukhebi Mofea; Rommy Utama; Wahyu Diana
The International Journal of Law Review and State Administration Vol. 1 No. 1 (2023): July - August : The International Journal of Law Review and State Administratio
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i1.50

Abstract

Research objectives to find out and analyze; Determination of criminal sanctions against the main perpetrators of class 1 narcotics abuse. Judges' considerations in imposing criminal penalties on class 1 narcotics abuse based on decisions (No2166/pid.sus/2018/PN. Research method; with a descriptive qualitative approach that describes phenomena and incidents in the field at the research location. Data collection techniques: Through field research, library research, and interviews with parties handling cases such as prosecutors, judges, lawyers, and suspects. Conclusion: Application of criminal sanctions against the main perpetrators of class narcotics abuse 1. Application of sanctions to the abuse of narcotics class I committed by Defendant Kurniawan in Decision Number 2166/2018/PN.Tng, the authors conclude that the application of sanctions, in this case, was the wrong target or the wrong person. The Judge's considerations in imposing a criminal offense against narcotics abuse class 1 based on the decision (No 2166/2018/PN.Tng). It is legal and convincing that the decision is correct.
Juridical Analysis In Implementing Criminal Sanctions Against Gambling In Tangerang District Mofea, Sukhebi; Komariah, Mamay; Saptudin, Fajar
The International Journal of Law Review and State Administration Vol. 1 No. 1 (2023): July - August : The International Journal of Law Review and State Administratio
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i1.51

Abstract

This study aims to discover the legal consequences of gambling crime and the Judge's considerations in deciding case number (2364/PID.B/2020/PN.TNG) regarding the corruption of gambling, which causes anxiety for the community. This research method uses a normative description approach according to the concept, legal basis, and legislation. Observation data collection techniques to research locations by observing actual events. Interviews with related parties, prosecutors, judges, lawyers, and defendants. Documentation studies include archives, electronic media containing gambling-related news, and archives. The research results conclude that the Defendant has been legally and convincingly proven guilty of committing the crime of gambling. That Defendant, in carrying out the Pakong and Togel type of gambling, did not have a special way to win the gambling game because it was only chance, and the Defendant placed the Pakong and Togel gambling without permission from the authorities.
Legal Politics Formation of Law Concerning Law Number 9 of 2009 Educational Legal Entities Irmanjaya Thaher
The International Journal of Law Review and State Administration Vol. 1 No. 2 (2023): September – October : The International Journal of Law Review and State Adminis
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i2.55

Abstract

The research objective is to examine the process of forming the BHP bill in the DPR RI until the ratification of the bill becomes law. analyze the decisions of Constitutional Court Numbers 11-14-21-126 and 136/PUU-VII/2009 NUMBER 11-14-21-126 and 136/PUU-VII/2009 regarding the cancellation of the BHP law. The legal research methods used in this research are normative research methods and empirical legal methods. Normative legal research methods use primary legal materials, secondary legal materials, and tertiary legal materials. Conclusion Based on the BHP Bill which was passed as law number 9 of 2009 concerning Education Legal Entities, the community submitted a judicial review of the BHP law to the Constitutional Court. Based on the fact that the Constitutional Court annulled the BHP law in its entirety because it was deemed contrary to Article 28 D of the 1945 Constitution and Article 31 paragraph (1). The implication is that all tertiary institutions and education practitioners who have implemented the BHP system must change the system back to become state universities so that academic staff and lecturers who were appointed when using the BHP system requested that they be appointed as civil servants. The community and foundation managers are not affected by the negative effects of BHP
Offenses of Insults, Defamation, and Slander Versus Offenses of Trouble Juncto Offenses of Information Electronic Transactions Youngky Fernando; Bella Agatha
The International Journal of Law Review and State Administration Vol. 1 No. 2 (2023): September – October : The International Journal of Law Review and State Adminis
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i2.60

Abstract

This study wants to analyze the offense of defamation, defamation, defamation and slander against the impact of chaos on Juncto offenses on electronic transaction information. This research method uses normative legal research based on legal facts that have been ratified. The data collection method is in the form of in-depth interviews with key respondents to obtaining differentiated data so that the data is valid. Observations in the field to observe actual events regarding law enforcement. Documentation studies in the form of defamation law handbooks and archives are available as existing and objective results. Conclusion In the offense of insult, and defamation, as well as the offense of slander. Contempt Art 310 and Art 311. Is a Complaint Offense. The delict of lying caused uproar about Article 14 of the Delict of Fake News, and Article 15 of the Delict which is a Material Delict, namely the fulfillment of the elements of the offense and the occurrence of mass riots. Electronic information offense Electronic Transaction Information. (ITE). Article 45 paragraph (1) Juncto Article 27 paragraph (3) Offenses of Defamation and/or Defamation, and Article 45 paragraph (2) Juncto. As well as the Delict of Defamation Juncto Article 27 paragraph (3) and Article 45A paragraph (2) SARA Offenses. Juncto Article 28 paragraph (2) constitutes a Complaint Offense.
Legal Freedom of the Press in the Configuration of Democratic Politics in the Reform Era Mochamad Moro; Pandri Zulfikar; Rahul Khan
The International Journal of Law Review and State Administration Vol. 1 No. 2 (2023): September – October : The International Journal of Law Review and State Adminis
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i2.61

Abstract

The purpose and legal position of the press has two functions, namely: First, the press has become the oldest communication medium in the world. As a provider of communication sources, the press must be able to coexist with other state agencies or institutions. Both press are social institutions as well as political systems. The correlation between the parties cannot be separated from the philosophical and ideological foundations of society according to what they profess. Law is a system created by humans to control and limit human behavior so that it can always be monitored. Quoting Prof. Dissertation. Mahfud MD in the open senate session of Gadjah Mada University, 25 June 1993 he said that, the role and function of law is heavily influenced and often suppressed by the control of political influence. In Indonesia, political configurations are intertwined between democratic and authoritarian political configurations, while the characteristics of legal products follow the pattern of attraction between responsive and conservative products. The principle of democratic political configuration or the principle of authoritarian political configuration refers to three main indicators, namely the party concept and the role of parliamentary or people's representative bodies, domination by the executive branch, and freedom of the press.
Management of Worker Protection Regarding the Cancellation of the Decision of the Governor of Jakarta in Postponing the Implementation of the Minimum Wage Haryono Edi; Rosmalily binti Salleh
The International Journal of Law Review and State Administration Vol. 1 No. 2 (2023): September – October : The International Journal of Law Review and State Adminis
Publisher : PDPI (Perkumpulan Dosen Peneliti Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58818/ijlrsa.v1i2.63

Abstract

The purpose of this research is to find out the legal protection for the minimum wage deferral policy. And want to know the cancellation of the decision of the governor of Jakarta on the implementation of the minimum wage. This research method uses normative law. Methods of data collection are observation, interviews with the district court judges and prosecutors involved, documentation studies through existing archives on worker protection laws and official records, and supporting books that focus on labor protection. Decree of the Minister of Manpower and Transmigration No. Kep.231/MEN/2003 concerning Suspension of Implementation of the Minimum Wage. In the Jakarta Administrative Court decision Number 62/G/2021/Ptun.Jkt and Appeal Decision No. 10/B/2014/PT.Tun.Jkt, regarding the setting for the deferral of the minimum wage, needs to be reviewed, also regarding the deadline for the completeness of the files in submitting a deferral of the minimum wage. Agreements between employers and labor unions as a prerequisite for employers to carry out are contrary to law. Unions as legal subjects can sue Ptun. Legal settlement of the cancellation of the suspension of the minimum wage, can provide legal certainty for workers, and cause consequences in the settlement through a process at the Industrial Relations Court. Companies that have been declared void of their decision to suspend wages have not carried out their obligations to pay the minimum wage by the provisions.

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