Abstract

This research aims to analyze the application of the rule of reason approach in the abuse of a dominant position and the authority of the KPPU in applying the rule of reason in the abuse of a dominant position. The method used is normative juridical research. The results of this research show that the KPPU in assessing Article 25 of Law No. 5 of 1999 alternatively uses one of the two per se illegal or rule of reason approaches with the aim of efficiency, innovation and consumer welfare

Abstract

The personal shopper business is a new type of business in the trade industry that offers goods or services through social media using the internet networks. In running its business, the mechanism of the trust service profession is that a trust service acts as a third party that connects consumers with the main seller. This online entrustment service business  products that are favored by consumers are usually in the form of fashion products, cosmetics, and accessories. However, this electronic transaction is vulnerable to defects in goods because they do not meet face-to-face. The formulation of the problem in this thesis is to examine the legal aspects of online delivery services from laws and regulations and legal protection for defects in goods to consumers. From this research it can be concluded that this online entrustment service in conducting a transaction is based on a sale and purchase agreement and authorization between the two parties in accordance with the Article 1320 of the Civil Code for the validity of an agreement, as well as online transactions based on the Electronic Information and Transaction Law. However, it is still based on a valid agreement requirement. If online entrusted service transactions occur defects in goods, then the laws and regulations in Indonesia, starting from the Civil Law, Consumer Protection Law, and Electronic Information and Transaction Law provide protection for consumers and business actors who are responsible for damage and hidden defects.

Abstract

This research focuses on the analysis of bad debts at state-owned commercial banks such as Bank Rakyat Indonesia (BRI), Bank Mandiri, Bank Negara Indonesia (BNI), Bank Tabungan Negara (BTN), and Bank Syariah Indonesia (BSI) which provide capital loans to their customers and due to Covid-19, economic conditions weaken so that bad debts occur. This bad credit condition turned out to have an impact on corruption crimes which resulted in state financial losses because the credit came from state-owned banks. This study takes a sample of corruption case number 39/Pid.Sus-TPK/2021/PN Jkt.Pst. According to Law Number 10 of 1998 concerning Banking, the definition of credit is the provision of money or bills that can be equated with it, based on an agreement or borrowing agreement between a bank and another party that requires the borrower to repay his debt after a certain period of time with interest. In the research on corruption case number 39/Pid.Sus-TPK/2021/PN Jkt.Pst, where there has been a restructuring of bad credit payments from BRI, namely the BRIGUNA product, which is a second stage loan where the first stage has been completed and due to the impact of Covid-19 there is congestion and the investigators declare it a corruption crime resulting in state financial losses because the credit comes from a state-owned bank. This research analyzes how the need for separation of rules regarding, especially in banking, the rules of criminal acts of corruption relating to state-owned commercial banks, due to the different views of banking law experts and judges regarding the rules of criminal acts of corruption relating to the problem of bad credit from state-owned commercial banks that have an impact on state financial losses as a criminal act of corruption is not criminal law but civil law.

Abstract

Dari keilalaian yang dilakuikan oleih teinaga keiseihatan teirseibuit meinimbuilkan peirtayaan meingeinai bagaimana beintuik tangguing jawab yang dapat dibeirikan peilakui uisaha keipada konsuimein, seirta meingeinai peirlinduingan huikuim bagi konsuimein yang dalam hal ini adalah pasiein yang meirasa diruigikan. Seicara tidak langsuing pasiein keiluiar dari ranah keiseihatan dan leibih meingacui pada pasiein seibagai konsuimein maka peirlinduingan huikuim pasiein beiluim diatuir seicara teigas di dalam Uindang-Uindang Keiseihatan, seihingga peirlui adannya Uindang-Uindang teirseindiri meingeinai pasiein. Tuijuian dari peineilitian ini juiga beirtuijuian uintuik meingeitahuii dan meimahami tangguing jawab apoteik akibat keilalaian dalam meimbeirian obat teirhadap konsuimein.Meitodei peineilitian yang diguinakan adalah yuiridis normatif, deingan peindeikatan peiratuiran peiruindang-uindangan seibagai data seikuindeir peineilitian dan meingguinakan data primeir deingan meilakuikan wawancara deingan beibeirapa pasiein seibagai data primeir dalam peinguiatan analisis yuiridis. Hasil dari peineilitian ini yaitui bahwa pada uipaya meinyampaikan peirlinduingan huikuim teirhadap pasiein dari keilalaian apoteikeir saat meinyampaikan obat suidah teirdapat peingatuiran huikuimnya pada beirmacam uindang-uindang teintang keiseihatan dan keifarmasian dan teirdapatnya kodei eitik profeisi meinjadi landasan teirhadap apoteikeir pada meilakuikan profeisinnya agar leibih teiliti saat meinganalisa bacaan reiseip dari dokteir. Jika apoteikeir yang meilakuikan keilalaliannya namuin tidak maui meinjalankan keiwajiban teirseibuit, maka bisa jadi alasaanya di laporkan ataui di guigas seicara huikuim yang beirlakui dan seibagai peingganti dari apa yang di peirbuiat seirta timbal balik teirkait keiceilakaan yang di alami korban teirseibuit, artinya apapuim yang meinjadi keiwajiban seiorang profeisi apoteikeir haruis mampuin dan sifatnya wajib di sifatnya meinjalakan atas keisalahannya yang beirtuijuian seibagai ganti dari keisalahannya. Maka dari itui peinting uintuik meimastikan bahwa seitiap keilalaian yang dilakuikan oleih teinaga keiseihatan, teirmasuik apoteikeir, dapat dikeinai sanksi huikuim seisuiai peiratuiran yang beirlakui. Hal ini akan meimbeirikan eifeik jeira dan meiningkatkan kuialitas peilayanan keiseihatan. Peiratuiran yang meingatuir teintang peirlinduingan pasiein peirlui dipeirkuiat

Abstract

This research concludes that certificate writing is dominated by men (single) due to religious/belief, socio-cultural and economic factors. Writing a single subject on the certificate doesn’t match the current principles because there is no match physical data and juridical data. Writing names singularly or plurally on a certificate has advantages and disadvantages in terms of the subject, rights and obligations and transferred. Singular and plural subjects physically have the right to use objects, but legally the subject written on the certificate has the right to transfer land rights. The rights and obligations of singular and plural writing are burdened by PBB and BPHTB. In single writing, during the process of transferring inheritance rights, the married couple is burdened by BPHTB unanimously without considering their roles. BPHTB calculation in plural writing reduces the payment obligations of the husband/wife because their role is recognized. When transferring rights to merge objects, objects that are recorded plurally, the merger process is simple because it does not require a name change, whereas in single writing adjustments are made and payments of taxes and other fees.

Abstract

This research was submitted to answer two fundamental questions regarding the implementation of people's sovereignty in the direct election of the President and Vice President in Indonesia, namely, what is the ideal ideal of the implementation of the presidential election in accordance with the principle of people's sovereignty in the democratic system in Indonesia. This research is normative. This research is a library research conducted by examining library materials in the form of books, journals, research reports and/or secondary data that discuss the implementation of general elections in Indonesia in relation to people's sovereignty. Application of laws and regulations (legal facts) that regulate the implementation of elections in Indonesia. From this research, the author concludes that in a democracy, people's rights should be respected and upheld. There is no justification for government decisions that can harm people's rights, let alone policies that aim to oppress the people for the sake of the ruler. In this case, by adhering to the basic philosophy of democracy guided by the wisdom of deliberation and representation, the holding of general elections as a means of implementing people's sovereignty in Indonesia must not deviate from the ideals and objectives of the formation of a Government of the State of Indonesia to protect all Indonesian people and all of Indonesia's territory, advance public welfare, improve the life of the nation, and participate in implementing world order based on independence, eternal peace and social justice as mandated by the constitution.

Abstract

Mining activities are closely related to society and the environment because every mining business must maintain the continuity of the carrying capacity and capacity of the environment. Environmental supervisory officials are obliged to supervise compliance with the person responsible for business and/or activities carried out based on statutory regulations in the field of environmental protection and management. This research aims to determine the authority of environmental supervisory officials in enforcing environmental law in the mining sector. This research uses normative research methods with a statutory approach, conceptual approach and case approach. Apart from that, empirical research methods are also used so that we can get results regarding the authority of environmental supervisory officials in enforcing laws in the mining sector. The process of enforcing environmental law in the mining sector must be implemented from the stage of the process of fulfilling environmental permits and AMDAL studies, then planning, implementation and supervision, both at the exploration, production and post-mining stages. Enforcement of environmental law carried out by environmental supervisory officials in the mining sector signals to business actors to address the recovery of the social and economic environment as a result of a mining business activity located in the local government area. Environmental supervisory officials in law enforcement in the mining sector must carry out their duties and obligations in accordance with applicable laws.

Abstract

Penyelesaian perselisihan atau sengketa dapat ditempuh melalui pengadilan atau di luar pengadilan. Paling tidak sejak tahun 1970 telah ada pengaturan penyelesaian sengketa dengan upaya perdamaian. Berkembang pula upaya alternatif penyelesaian sengketa di luar pengadilan yang ditangani mediator atas inisiatif para pihak yang sedang bersengketa guna memperoleh solusi penyelesaian yang sama-sama memenuhi rasa keadilan para pihak yang sedang bersengketa. Oleh karena itu kesepakatan penyelesaian sengketa yang telah tercapai agar dapat menjadi alat bukti yang kuat serta dipatuhi secara sukarela oleh para pihak, adalah baik untuk dituangkan dalam bentuk akta otentik yang dibuat  di hadapan Notaris atau akta notaris

Abstract

Water is a natural resource that is very important in everyday life. Some of the benefits of water resources in daily life include irrigation in agriculture, electricity generation, and household activities. The problem that arises is whether the regulation and use of water resources is in accordance with the needs of residents' homes, and how are sanctions applied for misuse of water resources that are not in accordance with the intended needs of residents' homes? The aim of this research is to find out and analyze the use of water resources for residents' housing needs, and to provide alternative solutions to the application of sanctions for misuse of water resources that are not in accordance with the intended use of residents' housing needs. The research method used is normative juridical, with a legislative approach as primary legal material combined with observation and observation as secondary legal material, especially a welfare perspective. results: That the use of water resources for daily needs is not yet optimal, even though there have been several statutory regulations, therefore the implementation of water quality protection and management should be carried out through a process of planning, utilization, control and maintenance, so that the need for water resources for people's homes are filled. That the alternative solution is to enforce the law firmly and clearly and strictly supervise perpetrators who commit violations against the use of water resources for the needs of residents' homes.

Abstract

The application of E-ticket technology has become an innovative effort in enforcing traffic laws in various cities in Indonesia, including Denpasar. This research aims to examine the effectiveness of implementing E-tickets in law enforcement in the city of Denpasar, with a focus on its effect on reducing traffic violations, increasing public compliance with traffic rules, and its impact on the effectiveness of law enforcement. The problem raised by the author is regarding obstacles or obstacles in the implementation and effectiveness of E-TLE in law enforcement in the city of Denpasar. Apart from that, this research also aims to answer the question about how effective the implementation of E-TLE is in law enforcement in the city of Denpasar. The research method used by the author is a historical approach and a comparative approach. Data was collected through surveys of the public, analysis of electronic ticket data, and interviews with related parties, such as law enforcement officers and road users. This method was chosen to obtain a comprehensive understanding of the implementation of E-TLE and its impact on traffic law enforcement in Denpasar. The results of this research include an evaluation of the effectiveness or not of the implementation of E-TLE in Denpasar City. From analysis of electronic ticket data and surveys of the public, researchers can evaluate the level of road user compliance with traffic rules after the E-TLE system is introduced, as well as identify obstacles or obstacles that may hinder the effectiveness of implementing this technology.

Abstract

Mining activities that are increasingly uncontrolled have various impacts on the community and life around the mine, including; Environmental damage, high levels of pollution (soil, water and air), also cause disruption to the wider community in the form of damage to houses and public facilities. This research aims to determine the form of legal protection for communities in mining areas who suffer losses related to mining activities, as well as to determine dispute resolution in the form of demands for compensation from communities around mining locations. The research method uses normative research methods with a statutory approach, conceptual approach and case approach. Apart from that, empirical research is also used to see the reality that occurs in the field. The results of the research show that the legal implications regarding the protection of communities in mining areas in environmental management are problematic in their resolution due to the government's indifference and also regarding the compensation provided by mining business actors. The responsibility for restoring mining land is the responsibility of business actors as an obligation to restore the social and economic environment as a result of the impact of mining activities on communities in mining areas.

Abstract

The current legal provisions do not yet regulate matters related to children's mental development, for example in cases of violent crimes where the position of children is as a witness. There have not been many studies on criminal law policies towards perpetrators who commit violent crimes against children. This research aims to find out the current policy formulation regarding perpetrators who commit crimes of violence in the presence of children using normative legal research methods which focus on research on the substance of the law, namely on the law currently in force (ius constitutum) and the desired law. aspire (ius constituendum). Regarding policies towards perpetrators who commit violence in front of children in future criminal law, whether in the Criminal Code, the Child Protection Law, the Law on the Elimination of Domestic Violence, the Human Rights Protection Law, the Victim Witness Protection Law, have not yet accommodated acts of violence committed by perpetrators in front of children. specifically (special article), for example, for this act there are criminal penalties that must be imposed on the perpetrator considering that the incident witnessed by the child greatly affects the child's mental health and it is possible that the child's mental health will become disturbed

Abstract

Hospital liability due to negligence or carelessness or in the event of malpractice by medical personnel from a civil perspective really depends on the pattern of legal relations between medical personnel and the hospital, whether the pattern of legal relations is based on employment law relations or legal relations. This really determines the extent to which a hospital can offer medical personnel actions that result in harm to patients in carrying out health services as part of their professional duties. Based on this legal relationship pattern, the hospital's liability can be based on unlawful acts as regulated in Article 1367 at (3) of the Civil Code and/or will be free from liability if the hospital can prove that the relationship pattern of medical personnel with the hospital is based on a lease.

Abstract

The famous debate in the mid-20th century between Patrik Devlin and H.L.A. Hart about the relationship between law and morality in discussing the limits of criminal law in matters of individual behaviour that are considered contrary to public morality, a debate which was sparked by the Report of the Wolfenden Committee on Homosexual Offenses and Prostitution (The 1957 Report of the Wolfenden Committee on Homosexual Offense and Prostitution) for decriminalize private male homosexual activity. Although the focus of the initial debate was limited by the framework of the debate about criminal law in general and homosexual offenses in particular with the harm principle from John Stuart Mill to illustrate the sharp distinction between law and morality and a static conception of the relationship between the two, this article seeks to explore how Devlin developed the application of moral standards in areas of law other than criminal law. Regarding the debate between the two thinkers, the author will decontextualize the debate within the framework of enforcing Indonesian criminal law against sexually immoral behaviour.

Abstract

The phenomenon of neutrality of the State Civil Apparatus (ASN) seems to be a discussion that always exists in every general election (Pemilu) or regional head election (Pilkada). The State Civil Apparatus Commission (KASN) stated that around 1,678 cases of violations occurred within the bureaucracy and ASN ministries/institutions/regions, which involved violations of ASN neutrality in the period 2020-2022. Based on KASN data, there are violations of neutrality with the motive of utilizing bureaucratic resources, both in the form of support for programs, facilities and infrastructure as well as activities that favor certain candidates. The prohibition on civil servants being sarcastic or uploading and spreading messages attacking or criticizing the government on social media was issued in May in 2018. Ahead of the 2024 elections, which are the main means of realizing democracy in a country. In an effort to maintain the neutrality of ASN from the influence of political parties and to ensure the integrity, cohesiveness and unity of ASN, as well as being able to focus all attention, thoughts and energy on the tasks assigned, ASN are prohibited from becoming members and/or administrators of political parties, as well as running for office with conditions which has been determined by law (UU). Violations of ASN's neutrality, especially during and after the elections that took place in 2009, 2014 and 2019 and ahead of the 2024 elections. Violations can occur in the form of support provided via social media, involvement in campaigns, running for office without being followed by resignation. within the appropriate time frame and so on. This then violates the principle of neutrality and shows the partiality of an ASN which is actually very contrary to the law. Looking at the existing facts, the regulations regarding freedom of opinion held by the State Civil Service (ASN) are very different from the freedom of opinion enjoyed by the Indonesian people. This regulation can certainly limit the space for freedom of expression for State Civil Servants (ASN). However, on the other hand, as a state official, of course all aspects of ASN life are required to comply with the code of ethics that has been regulated by the state. So they face a dilemma when expressing their opinions in public spaces regarding social media in the context of preventing violations of ASN neutrality. Public pros and cons regarding government policies are still occurring, one of which concerns the issue of freedom of opinion and expression on social media, which to this day is still a matter of debate. In addition, the

existence of the Information and Electronic Transactions Law (UU ITE) Number 11 of 2008 is still under discussion to this day.

Abstract

This study aims to examine and determine the Legal Construction of Presidential and Vice Presidential Nominations that reflect Pancasila democracy in relation to the provisions of Law Number 7 of 2017 concerning General Elections. The formulation of the problem that the author poses is, What is the Ideal Legal Construction of Presidential and Vice Presidential Nominations to Realize Pancasila Democracy? The research method used is normative where the data used is secondary data in the form of legal materials. In addition to using secondary legal materials, this study also uses several theories to dissect the problems in this study. The results of the study obtained are that the nomination of the president and vice president is regulated in Article 6A paragraph (2) of the Constitution of the Republic of Indonesia, namely "The presidential and vice presidential candidate pairs are proposed by political parties or a coalition of political parties participating in the general election before the general election is held". Regulations regarding the mechanism for nominating the presidential and vice presidential positions are stated in Law Number 7 of 2017 concerning General Elections, Article 222 regulates the same thing regarding filling the presidential and vice presidential positions. The presidential threshold has violated political rights, including the right to be elected and to elect the people protected by the constitution. This restriction on alternative candidates certainly means limiting the people's political channels and to a certain extent can result in an increase in the number of abstainers or white groups in the election. In addition, the opportunity for the people to be elected as candidates is also limited because not all political parties participating in the election have the right to nominate presidential and vice presidential candidate pairs because they are constrained by the Presidential Threshold requirements. The policy of direct presidential elections within the framework of simultaneous elections is still problematic. The existence of a threshold for political parties to have the right to nominate presidential and vice presidential candidate pairs (Presidential Threshold) in the General Election held simultaneously, has legal implications, namely violating the 1945 Constitution concerning the Presidential System, contrary to Article 6A paragraph (2) of the 1945 Constitution.