Jurnal Lex Renaissance最新文献

Pengisian Kekosongan Kursi Anggota Legislatif dari Partai Politik yang Dibubarkan oleh Mahkamah Konstitusi 填补被宪法法院解散政党的立法委员空缺席位

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art5

Okky Alifka Nurmagulita

引用次数: 0

Proporsionalitas Penetapan Ancaman Sanksi Pidana Dalam Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga 关于消除家庭暴力的 2004 年第 23 号法律中刑事制裁的相称性

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art7

Nita Anisatul Azizah

{"title":"Proporsionalitas Penetapan Ancaman Sanksi Pidana Dalam Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga","authors":"Nita Anisatul Azizah","doi":"10.20885/jlr.vol8.iss1.art7","DOIUrl":"https://doi.org/10.20885/jlr.vol8.iss1.art7","url":null,"abstract":"Proportionality in the criminal sanctions formulation policy in this research is the criminal sanctions for perpetrators of criminal acts of violence against women which need to receive full attention from legislators in determining criminal sanctions policies. This is due to preventing violations of individual rights and as a barrier for legislators in imposing criminal sanctions for offenses. The focus of the problem in this research is the practice of developing violence against women in the family sphere during the Covid-19 pandemic and an analysis of the proportionality of determining the threat of criminal sanctions in Law no. 23 of 2004 on the Elimination of Domestic Violence. The type of research used is normative legal research. The approach used is conceptual and statutory. The research results showed that the level of violence in the domestic realm tends to be higher than in the public realm, as in 2021 the domestic realm experienced an increase of 4% compared to 2020. In 2020 violence against women was around 75%, while in 2021 it rose to 79% or 6,480 cases. The results of the proportionality analysis of criminal sanctions in the law are based on the principle of parity contained in ordinal proportionality, namely that a person is punished or sentenced in proportion to the level of seriousness of the crime or violation, reflecting the existence of parity, rank ordering, spacing of penalties from Articles 44 to 49.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139371326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Perlindungan Hukum Terhadap Pemenang Lelang Atas Objek Eksekusi Hak Tanggungan 针对抵押权执行标的物拍卖获胜者的法律保护

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art10

Salsabila Fathimah Azzahra, Siti Malikhatun Badriyah

引用次数: 0

Timbulnya Persaingan Tidak Sehat Antar Notaris Sebagai Dampak Dari Pelanggaran Kode Etik Notaris 违反《公证人职业道德准则》导致公证人之间出现不正当竞争的情况

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art3

Anggita Kusuma Prihayuningtyas, Ana Silviana

{"title":"Timbulnya Persaingan Tidak Sehat Antar Notaris Sebagai Dampak Dari Pelanggaran Kode Etik Notaris","authors":"Anggita Kusuma Prihayuningtyas, Ana Silviana","doi":"10.20885/jlr.vol8.iss1.art3","DOIUrl":"https://doi.org/10.20885/jlr.vol8.iss1.art3","url":null,"abstract":"In carrying out their positions, notaries are obligated to work professionally and to refer to the Notary Code of Ethics which is regulated in Law Number 2 of 2014 on the Position of Notaries (UUJN). The existence of a notary has the aim of providing legal services to the community, especially in terms of making deeds. As legal needs increase, the need for notary services increases. Unhealthy competition that occurs between fellow notaries can of course occur in various forms and ways. The aim of this research is to identify how the notary code of ethics is enforced and the factors that cause violations of the notary's Code of Ethics which give rise to unhealthy competition between fellow notaries. This research is normative in nature where a statutory regulation approach is taken, collecting data using literature and document studies, the data analysis method used is qualitative. The results of the research include, first, efforts that can be made to enforce the code of ethics, the Central Honorary Council together with the Central Management of the Indonesian Notary Association by making regulations embodied in PDKP INI. Second, the increasing public need for legal activities that require authentic deeds, and the increasing number of people who work as Notaries, are reasons for Notaries to take actions that result in unhealthy competition among some Notaries.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139371916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Problematika Regulasi Lembaga Penjamin Simpanan Dalam Program Penjaminan Simpanan Nasabah Bank Digital 存款保险公司在数字银行客户存款担保计划中的监管问题

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art8

Aluf Ra'syiah Rabah, Kharista Dewi Antisha Shakeab

{"title":"Problematika Regulasi Lembaga Penjamin Simpanan Dalam Program Penjaminan Simpanan Nasabah Bank Digital","authors":"Aluf Ra'syiah Rabah, Kharista Dewi Antisha Shakeab","doi":"10.20885/jlr.vol8.iss1.art8","DOIUrl":"https://doi.org/10.20885/jlr.vol8.iss1.art8","url":null,"abstract":"LPS, which functions to guarantee bank customer deposits, often faces various challenges, especially with the existence of digital banks. This research discusses two matters. First, what challenges will the digital bank face in relation to the LPS guarantee program. Second, efforts can be made to answer these challenges. This is a type of normative research using a statutory research approach. The research process carried out by the author resulted in an answer that the current LPS program and regulations have not been able to accommodate the legal certainty of deposit guarantees for digital bank customers, including competition in digital bank interest rates exceeding the LPS guarantee interest, regulations that have not fully accommodated the needs of digital banks and the risk of attacks in cybercrime. This legal uncertainty will certainly pose quite a big risk considering that the rapid growth of digital banks is currently not matched by the certainty of obtaining deposit guarantees. Referring to the research results, the author suggests that LPS create deposit guarantee claim regulations that are not only suitable for traditional banks, but also for digital banks. Such as the legality of proof of electronic savings, digital bank compliance in providing interest to customers and other policies that can be made by LPS and OJK as well as forming regulations regarding the use of AI in the banking and financial sector.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139371911","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pertanggungjawaban Pidana terhadap Pelaku Obstruction of Justice dalam Perkara Tindak Pidana Kekerasan Seksual 性暴力犯罪案件中妨害司法行为人的刑事责任

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art6

Yukiatiqa Afifah, Dewi Yuslita Julianis

{"title":"Pertanggungjawaban Pidana terhadap Pelaku Obstruction of Justice dalam Perkara Tindak Pidana Kekerasan Seksual","authors":"Yukiatiqa Afifah, Dewi Yuslita Julianis","doi":"10.20885/jlr.vol8.iss1.art6","DOIUrl":"https://doi.org/10.20885/jlr.vol8.iss1.art6","url":null,"abstract":"One of the causes of sexual violence is the failure of law enforcement officials to eradicate sexual predators due to acts of obstruction of justice which are often carried out by certain individuals. Obstruction of justice is an action that obstructs and obstructs the law enforcement process in various forms. This research will review the matter of how the obstruction of justice is regulated in Indonesian positive law and the forms of criminal liability for perpetrators of obstruction of justice in cases of criminal sexual violence? This research uses normative juridical methods in the form of a literature study and examines several statutory regulations. The results of his research indicate that regulations regarding obstruction of justice are contained in Article 221 of the Criminal Code and are spread across several special laws such as laws on eradicating corruption, terrorism and criminal acts of sexual violence. Regarding criminal liability, a person who commits obstruction of justice in a criminal case of sexual violence can be held accountable in the form of a maximum prison sentence of 5 years. Essentially, the regulations governing obstruction of justice in criminal acts of sexual violence are quite good, but the government is expected to immediately speed up the formation of derivative regulations or implementing regulations for the TPKS Law in the form of government regulations so that the TPKS Law can be implemented properly.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"86 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139372006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Rekonstruksi Desain Pengujian Peraturan Daerah Pasca Putusan Mahkamah Konstitusi 宪法法院判决后地区法规测试设计的重构

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art4

Saifudin Saifudin, Yuniar Riza Hakiki, Retno Widiastuti, Taufiqurrahman Taufiqurrahman, Aprillia Wahyuningsih

{"title":"Rekonstruksi Desain Pengujian Peraturan Daerah Pasca Putusan Mahkamah Konstitusi","authors":"Saifudin Saifudin, Yuniar Riza Hakiki, Retno Widiastuti, Taufiqurrahman Taufiqurrahman, Aprillia Wahyuningsih","doi":"10.20885/jlr.vol8.iss1.art4","DOIUrl":"https://doi.org/10.20885/jlr.vol8.iss1.art4","url":null,"abstract":"This research aims to identify: first, the urgency of reconstructing the design of reviewing the regional regulations after the Constitutional Court decision, and second, reviewing the regional regulations which are in line with the system of regional government administration and the system of reviewing legislative regulations in Indonesia. This is a juridical-normative research. The results of the research conclude that: first, the urgency of reconstructing the review of regional regulations after the Constitutional Court decision is based on: a) the central government has lost control and correction of regional regulations; b) the problematic design of reviewing the regional regulations at the Supreme Court; and c) institutional problems of the Supreme Court in reviewing regional regulations. Second, the design of reviewing the regional regulations and the proposed regional legislation reviewing system, among others: a) expanding the clarification authority of the central government by canceling/revoking regional regulations whose content regulates the implementation of assistance tasks and/or regulates further elaboration of legal regulations -higher invitation by the central government/governor as a representative of the central government; and b) redesign of the Supreme Court's procedural law in reviewing statutory regulations by accommodating formal review; changing the concept of respondent to parties which include the applicant, the person providing information, and related parties; holding trials open to the public, forming a field (panel of judges) for reviewing statutory regulations; and extending the deadline for completing statutory examinations.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139371185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Disparitas Putusan Permohonan Pailit dengan Dasar Cessie atas Sebagian Jumlah Piutang 基于部分应收账款的塞西破产申请裁决的差异

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art9

Muhammad Farhan Fedhitama, S. Anisah

{"title":"Disparitas Putusan Permohonan Pailit dengan Dasar Cessie atas Sebagian Jumlah Piutang","authors":"Muhammad Farhan Fedhitama, S. Anisah","doi":"10.20885/jlr.vol8.iss1.art9","DOIUrl":"https://doi.org/10.20885/jlr.vol8.iss1.art9","url":null,"abstract":"Applications for a declaration of bankruptcy on the basis of cessie for some of the receivables result in different decisions from commercial courts. There are decisions that grant the application and there are also decisions that reject the application. The occurrence of different decisions on bankruptcy applications on the same basis results in a lack of legal certainty. This research aims to examine, analyze and explain the disparity between commercial courts in deciding bankruptcy applications on the basis of cessie for a portion of the receivables. Types of normative legal research with a statutory approach and a concept approach. Data collection techniques were carried out using library research. The data obtained will be analyzed qualitatively. The results of the research conclude, first, that there is a disparity in decisions regarding applications for declaring bankruptcy based on cessie for some of the amounts receivable due to differences in interpretation by judges in interpreting the law. Second, an effort to create legal certainty in a bankruptcy petition based on a cessie for a portion of the receivables is by making a cessie deed for a portion of the receivables before a notary. The making of the cessie deed must be attended by all parties, so that the debtor knows well to whom he must pay. the debt.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139371779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Politik Hukum Undang-Undang Cipta Kerja Pada Aspek Hubungan Industrial 关于劳资关系方面的《创造就业法》的法律政治问题

Jurnal Lex Renaissance Pub Date : 2023-06-01 DOI: 10.20885/jlr.vol8.iss1.art2

Ahmad Fadli Fauzi

{"title":"Politik Hukum Undang-Undang Cipta Kerja Pada Aspek Hubungan Industrial","authors":"Ahmad Fadli Fauzi","doi":"10.20885/jlr.vol8.iss1.art2","DOIUrl":"https://doi.org/10.20885/jlr.vol8.iss1.art2","url":null,"abstract":"The policy direction in the Job Creation Law appears to exhibit a political nuance and thus inseparable from the negotiation of interests between the authorities and entrepreneurs. As a result, the legal products produced only satisfy the political principles and hence are problematic. The issues with the Job Creation Law are not only at the legislative stage; but at the level of normative substance whereby there are several problematic articles. For instance, in terms of wages, the phrase \"necessities for a decent living\" as regulated in Article 88 has been removed, alterations to Article 151 which have the potential for unilateral layoffs, and the repeal of Article 59 regarding PKWT which was previously regulated in the Employment Law. The formulation of the problem in this article is what are the legal politics in the Job Creation Law, especially in the industrial relations aspect and the implications of the norms of the Law? The research method used is juridical-normative research using a conceptual approach and a statutory approach. Meanwhile, the data used is secondary data which includes primary, secondary and tertiary legal materials. The findings in this article show that the legal politics of the Job Creation Law in the industrial relations aspect only fulfill political rules, but fail to fulfill the rights and interests of workers. Apart from that, several problematic articles were found in the Employment Chapter of the Job Creation Law, for example regarding wages, layoffs, PKWT, and so on. In this regards, the Job Creation Law is unable to address problems in the industrial relations aspect, because at the substantive level, problematic norms have the potential to injure the workers/employees who are in a weaker position.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139371976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Analisis Metode Penafsiran Mahkamah Konstitusi dalam Perumusan Putusan Nomor 91/PUU-XVIII/2020 terkait Pengujian Formil Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja 宪法法院根据2020年《宪法》第91条/PUU-XVIII/2020条对版权法第11条的测试方法进行分析

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art4

Nor Fadillah

{"title":"Analisis Metode Penafsiran Mahkamah Konstitusi dalam Perumusan Putusan Nomor 91/PUU-XVIII/2020 terkait Pengujian Formil Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja","authors":"Nor Fadillah","doi":"10.20885/jlr.vol7.iss4.art4","DOIUrl":"https://doi.org/10.20885/jlr.vol7.iss4.art4","url":null,"abstract":"Interpretation is one of the legal discovery methods that can provide a clearer explanation of the text of the law. The method of interpretation is a means or tool for understanding the meaning of the law, so that its justification lies in its usefulness for carrying out concrete provisions and not for the sake of the method itself. This paper aims to identify the method of interpretation used by judges in court and find out the method used by judges in interpreting the decision Number 91/PUU-XVIII/2020 on the formal review of Law Number 11 of 2020 on Job Creation. The method used is a normative method which positions law as a system of norms for analyzing laws that have been decided by judges through court proceedings. The approach used is the law approach. Data sources come from secondary data sources with primary legal materials, namely Law Number 11 of 2020 on Job Creation and Consitutional Court Decision Number 91/PUU-XVIII/2020 and secondary law, which are law books and journal articles. Technical data analysis is content analysis which is presented with analytical descriptive. The results of this study indicate that the method of interpretation used by Constitutional Court Judges in interpreting Decision Number 91/PUU-XVIII/2020 regarding the formal review of Law Number 11 of 2020 on Job Creation is a method of systematic interpretation, doctrinal interpretation, and sociological interpretation.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134453941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0