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<![CDATA[The Legal History Analysis of Filling the Position of Asymmetric Regional Head in the Special Region of Yogyakarta ]]>
<![CDATA[Triwahyuningsih Triwahyuningsih]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.24289
<![CDATA[This study aims to describe aspects of the legal history of filling the position of asymmetric Regional Head in the Special Region of Yogyakarta. This research is a normative legal research with a statute approach using primary and secondary legal materials and analyzed qualitatively descriptively. The results of the study indicate that the study of legal history shows that filling the position of Governor of DIY through a (asymmetric) determination does not conflict with Article 18 paragraph (4) of the 1945 Constitution and Article 18 B paragraph (1). The filling of the positions of Governor and Deputy Governor can be traced in various regional government laws that have been in force in Indonesia. In Act No. 22 of 1948 concerning the Principles of Regional Government: Article 18 paragraph (5) and (6) states: "Heads of special regions are appointed by the President from the descendants of families who ruled in the area before the Republic of Indonesia and who still control the area, with the conditions of skill, honesty and loyalty and keeping in mind the customs of that area. Act No. 1 of 1957, Act No. 18 of 1965, the Basic Law on Regional Government has changed due to adapting to the latest political developments, but with regard to filling the positions of Governor and Deputy Governor of DIY, it remains through appointment and is not bound by time (for life). During the New Order, Act No. 5 of 1974. Finally, based on Act No. 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta Article 24, DPRD DIY stipulates Sultan Hamengku Buwono who reigns as Governor.]]>
<![CDATA[The Dispute Settlement through International Arbitration between PT. Karaha Bodas Company against PT. Pertamina and PLN ]]>
<![CDATA[Rahma Yunita Soviani]]>;
<![CDATA[Ery Agus Priyono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.23922
<![CDATA[Arbitration is a dispute resolution institution that uses an adversarial approach with the result that win lose chosen as an alternative by business people. Alternative dispute resolution that is currently in demand is through arbitration because it is in line with the increase in commercial transactions in the business sector both nationally and internationally. Dispute resolution through arbitration provides benefits for the disputing parties. These advantages include the confidentiality of the disputing parties, relatively cheaper costs, a fast, efficient dispute resolution process and provide flexibility for the disputing parties. International arbitration dispute resolution has a uniqueness which adheres to the principle of final and binding (last resort and binding). An international arbitral award that has been decided abroad if it is brought to Indonesia, there are two possibilities, i.e. the International arbitral award asks to be enforced or annulled. Based on the dispute between PT. Pertamina against Karaha Bodas Company that Pertamina cannot cancel the arbitration award that has been handed down by the Swiss Arbitration Board. The reasons for rejection and cancellation are as stated in the New York Convention and the UNCITRAL Model Law.]]>
<![CDATA[The Policy on the Granting of Permits for Change of Land Use (IPPT) in the Context of Transfer of Use of Agricultural Land to Equitable Residential Houses ]]>
<![CDATA[Wahyu Murni Setyoningsih]]>;
<![CDATA[Ana Silviana]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.20870
<![CDATA[The increasing need for land caused by the community as a result of which there is a cultural shift in land use in Indonesia due to development demands. The purpose of this study is to find out and analyze the policy of granting Land Use Change Permits (IPPT) in the context of transferring the function of agricultural land use to residential houses in the Kendal regency area that is equitable. The approach method used in this study is an empirical juridical approach. The research specifications used are analytical descriptive research. The sources and types of data in this study are primary and secondary data through literature studies and field studies. The data were analyzed qualitatively using role theory and policy theory. The conclusion show in the Context of Transfer of Functions from the Use of Agricultural Land to Residential Houses in the Kendal Regency Areashows that land conversion is still happening and widespread due to several factors.]]>
<![CDATA[The Legal Protection for Customers Using Online Loan Services ]]>
<![CDATA[Irene Puteri A. S. Sinaga]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.26723
<![CDATA[Currently, financial technology (fintech) is developing rapidly in Indonesia. The number of available fintech operating companies is increasing. The role of the Financial Services Authority is very important in supervising fintech-based companies in Indonesia in accordance with their authority in the field of financial services in general. The functions and authorities of the Financial Services Authority (in Bahasa “OJK”) are contained in Articles 4 and 5 of the Financial Services Authority Law with the aim of protecting consumers from all activities in the financial sector. This is also stated in Act No. 8 of 1999 concerning Consumer Protection (Consumer Protection Law) specifically in the field of Financial Services Products. Other rules regarding fintech supervision are contained in the Financial Services Authority Regulation Number 77/POJK. 01/2016 concerning Information Technology-Based Lending and Borrowing Services. The problem discussed is how is legal protection for customers in online loan agreements? What are the steps taken by the government to protect the rights of consumers who use illegal online loan services? The research method used is a normative juridical approach. Sources and types of research data collected by library studies include primary data, secondary data and tertiary data after being analyzed qualitatively. As of the time of writing, the regulations regarding OJK supervision of fintech-based companies are still minimal, so the importance of consumer protection in Indonesian law enforcement because there are still complaints from people in Indonesia in using online loan services. As of the time of writing, the regulations regarding OJK supervision of fintech-based companies are still minimal, so the importance of consumer protection in Indonesian law enforcement because there are still complaints from customer in Indonesia in using online loan services. Therefore, the importance of the involvement of the Financial Services Authority in providing guarantees of legal protection for the public, especially customers who use online-based lending and borrowing services.]]>
<![CDATA[The Legality of Cryptocurrency Transactions in Indonesia ]]>
<![CDATA[Alum Simbolon]]>;
<![CDATA[Desy Indriani Grace Sinaga]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.26722
<![CDATA[This study aims to know the cryptocurrency is a digital currency that is used as a medium for transactions or payments between people online (peer to peer). Cryptocurrencyis a virtual currency that is protected with a secret code that is complex enough to protect and maintain the security of the value of the currency. Several types of cryptocurrencies include ethereum, ripple, litecoin, dogecoin, mrai, dashcoin, and so on. Currently, cryptocurrency is an investment instrument that is quite attractive to the public, the popularity of crypto investment itself can be seen from the increasing number of cryptocurrency investors. Therefore,The Commodity Futures Trading Supervisory Agency (CoFTRA) of the Ministry of Trade as a regulator that oversees cryptocurrencies in Indonesia has begun to tighten supervision of crypto asset trading. The research used is normative legal research with a statutory and conceptual approach. The research stages were carried out by analyzing the Commodity Futures Trading Supervisory Agency Regulation Number 7 of 2020 concerning the Determination of the List of Crypto Assets that can be Traded in the Crypto Asset Physical Market (PerCoFTRA Number 7 of 2020), and Act No. 7 of 2011 concerning Currencies, to find out cryptocurrency legality in Indonesia. The protection carried out on crypto assets is by first registering the type of cryptocurrency with CoFTRA to be analyzed and determined to be tradable or not. The determination of tradable crypto assets is carried out through the Analytical Hierarchy Process (AHP) valuation method which has several assessment criteria that must be met, where the conditions for crypto assets that can be traded on the physical asset market must be guided by CoFTRA No. 7 of 2020.]]>
<![CDATA[Comparison of Civil Law and Common Law in Australia and Surrounding Countries ]]>
<![CDATA[Steffany Steffany]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.24389
<![CDATA[This study aims to determine the legal system can be interpreted in two ways. First, the legal system is defined as a unit of components or elements (sub-systems) as follows: material law-formal law and civil law-public law. Included in this view are those who see the legal system as a unity between various laws and regulations with legal principles. Second, the legal system is defined as a unity of components: legal structure, legal substance, and legal culture. Eric L Richard, an expert in global business law, divides the main legal systems into six legal families: Civil law, Common law, Islamic law, Socialist law, Sub Sahara Africa, and Far east. This research is a qualitative research with a historical juridical approach that describes the legal history of how civil law and common law apply in various countries. By collecting data in the library supported by primary and secondary data according to the chosen topic. In general, based on how law is produced and implemented, there are two legal systems known in the world, namely, civil law and common law. The two legal systems have their own history and differences.]]>
<![CDATA[The Assimilation and Integration Rights for Prisoners as Over Capacity Prevention Effort in the Covid-19 Pandemic ]]>
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Mawardi De La Cruzz]]>;
<![CDATA[Haritsah Haritsah]]>;
<![CDATA[Rahmawati Rahmawati]]>;
<![CDATA[Rommi Y Hiola]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.23032
<![CDATA[Overcapacity Prisons in Indonesia are currently at an alarming stage, including the Class II A Gorontalo Prison, data shows that the prison population is 475 inmates while the prison can only accommodate 330 inmates. Such conditions are worrying in the midst of the COVID-19 pandemic, considering that the process of spreading this virus is so fast and can be transmitted to anyone. So that in the context of preventing and dealing with Covid-19, it is impossible to implement social restrictions in prisons, for example the application of social distancing. Various efforts have been made by the government to break the chain of the spread of this virus, with the issuance of Minister of Law and Human Rights No. 10 of 2020 and Kepmenkumham No. 19 of 2020 to ensure the safety of prisoners in prisons, but in reality, it has drawn criticism and caused its own unrest in the community. The specific purpose of this research is to find out and analyze the implementation of granting assimilation and integration rights for prisoners and to find out the form of anticipating strategies for overcapacity of Class II A Gorontalo prisons during the Covid-19 pandemic. The type of research used is empirical research, namely research with field data as the main data source, such as the results of interviews and observations. The results of this study indicate that (1) the implementation of granting assimilation and integration rights for prisoners is based on the regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 10 of 2020 and the Decree of the Minister of Law and Human Rights of the Republic of Indonesia No. M.HH-19 PK.01.04.04 of 2020. (2) The strategy to anticipate over capacity by the Class II A Gorontalo Penitentiary During the Covid 19 Pandemic was taken in several stages: a) Orientation Admission, b) Orientation Assimilation, c) Orientation Integration, and d) Assimilation.]]>
<![CDATA[The Legal Review Regarding Copyright Protection of Songs from Unauthorized Song Cover Actions ]]>
<![CDATA[Rachmat Satyo Krismanto]]>;
<![CDATA[Luluk Lusiati Cahyarini]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.23078
<![CDATA[The copyright infringement is an act prohibited by the law, in practice copyright infringement is divided into several forms of song piracy in Indonesia which results in losses from the creator and the state, therefore the government tries to enforce copyright law. Problems in writing this scientific paper are related to forms of violations, arrangements and legal protection efforts for the rights of songwriters in Indonesia. This research uses a normative juridical approach. Meanwhile, the conclusion of this study is that an activity does not include copyright infringement as long as the acts and covers related to the song's artwork are noncommercial and the creator also gets benefits without objection to the activity. On the other hand, we also need to know that there are a lot of Indonesians who cover and upload it on social media in the form of Youtube, Instagram and Tiktok. Article 43 and Article 44 of the Copyright Act explain the criteria for whether the activity meets the elements of copyright infringement or not. As for legal protection efforts, one of them is by preventing (preventive) and cracking down (repressive). One way is by socializing with the community. Although of course the government has also taken many related actions, with maximum results. But for us, it is not the wrong thing to remind each other about copyright infringement.]]>
<![CDATA[The legal Consequences of Default of Parties in the Lease Agreement between PT. Kereta Api Indonesia (PT. KAI) with PT. J.Co Donuts & Coffee ]]>
<![CDATA[Nurma Khafifah]]>;
<![CDATA[Ana Silviana]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.23918
<![CDATA[The development of the rental business can not be denied can experience a problem along with its development, such as the problem of default that occurred between PT. J.Co Donuts & Coffee with PT. Kereta Api Indonesia (Persero). PT. J. Co Donuts & Coffee (the plaintiff) leased assets from PT. Kereta Api Indonesia (defendant) in the form of land and buildings for a period of 5 years. After the defendant made the payment for term I, the defendant did not immediately hand over the object of lease to the plaintiff to be used as a J.Co Donuts & Coffee store so this matter was brought to court. In the decision of the Supreme Court No. 211/K/PDT/2020, the judge decided that PT. KAI has defaulted by not handing over the object of the lease to PT. J.Co Donuts & Coffee. This study aims to determine the form of default and the legal consequences of the default dispute. The method used in this legal research is a normative juridical approach. The specifications used in writing this law are descriptive analytical. While the method used is a qualitative method. The results of the study indicate that the judge has decided on this case correctly, namely that the defendant has defaulted due to an error due to negligence. Furthermore, researchers also examine the legal consequences that arise in the decision of the Supreme Court no. 211/K/PDT/2020.]]>
<![CDATA[The Imposition of the Final Transfer of Rights to Land and/or Building Tax (PPHTB) in the Sale and Purchase Binding Agreement (PPJB) ]]>
<![CDATA[Reza Ananda Kurniasari]]>;
<![CDATA[Siti Malikhatun Badriyah]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i3.23916
<![CDATA[The making of a binding sale and purchase agreement (PPJB) before or by a notary is subject to a tax on the transfer of rights to land and/or buildings, one of which is in the form of income tax on land and/or buildings (PPHTB) which is final. This study aims to discuss the imposition of the final PPHTB on the Sale and Purchase Binding Agreement (PPJB). The method used in this study was a normative research method. Normative or library research method was a method used by means of research on library materials or documents with the aim of reviewing existing written regulations. The assessment was carried out using a normative juridical method. The result of this study is that the imposition of the final PPHTB on the Sale and Purchase Binding Agreement (PPJB) is considered inappropriate, because in the making of the Sale and Purchase Binding Agreement (PPJB) the ownership rights to land and/or buildings have not yet been transferred but only occurred when the Sale and Purchase Deed was signed.]]>
