Jurnal Akta最新文献_第3页

The Land Legal Politics in Creating the Prosperity of Indonesian Society 创造印尼社会繁荣的土地法律政治

Jurnal Akta Pub Date : 2022-07-05 DOI: 10.30659/akta.v9i2.22689

Tiromsi Sitanggang, S. Sumarno

引用次数: 0

The Effectiveness of Decentralization Policy in Local Government Administration 简政放权政策在地方政府管理中的有效性

Jurnal Akta Pub Date : 2022-06-30 DOI: 10.30659/akta.v9i2.23544

Zaenal Arifin Hoesein, Arifudin Arifudin, S. Rahayu

{"title":"The Effectiveness of Decentralization Policy in Local Government Administration","authors":"Zaenal Arifin Hoesein, Arifudin Arifudin, S. Rahayu","doi":"10.30659/akta.v9i2.23544","DOIUrl":"https://doi.org/10.30659/akta.v9i2.23544","url":null,"abstract":"Article 18 paragraph (2) and paragraph (5) of the 1945 Constitution stipulates that the Regional Government is authorized to regulate and manage its own government affairs according to the principles of autonomy and co-administration and is granted the widest possible autonomy. The granting of the widest possible autonomy to regions is directed at accelerating the realization of community welfare through service improvement, empowerment, and community participation. Regional formation is basically intended to improve public services in order to accelerate the realization of community welfare as well as as a means of political education at the local level. For this reason, the formation of a region must take into account various factors such as economic capacity, regional potential, area, population, and considerations from socio-political, socio-cultural, defense and security aspects, as well as other considerations and conditions that enable the region to organize and realize the objectives of the establishment. By using descriptive analytical research method the results of this research are decentralization is the delegation of government power from the central government to regions to manage their own households, or regions are given autonomy to become autonomous regions. Decentralization is intended to give authority from the state government to local governments to regulate and manage certain affairs as their own household affairs. Therefore, the birth of Act No. 23 of 2014 concerning Regional Government, especially the essence of decentralization, is basically in the framework of accelerating the distribution of community welfare, especially in the regions.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131568468","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

The Reflection of Highest Value of Islam in the Protection of Debtors in Execution of Separatist Creditors 伊斯兰最高价值在分离主义债权人执行中债务人保护的体现

Jurnal Akta Pub Date : 2022-06-28 DOI: 10.30659/akta.v9i2.21053

Teddy Asmara

{"title":"The Reflection of Highest Value of Islam in the Protection of Debtors in Execution of Separatist Creditors","authors":"Teddy Asmara","doi":"10.30659/akta.v9i2.21053","DOIUrl":"https://doi.org/10.30659/akta.v9i2.21053","url":null,"abstract":"The execution by separatist creditors without going through court proceedings as regulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to the justice of Pancasila. The method used was a non-doctrinal method. Based on the data obtained, it can be seen that the execution of bankruptcy as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture which shows that the execution of bankruptcy with collateral rights without having to go through bailing in court, the meaning of debtor insolvency should be an examination in court or through bailing related to the debtor's ability to pay off his debts, not solely based on the analysis and views of separatist creditors alone. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, in accordance with the view of respect for human values or human rights awards in the form of equality before the law so as to be able to realize social justice execution of bankruptcy that is able to protect the interests of separatist creditors while protecting debtors.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128636680","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

The Role of Notaries and Land Titles Registrar in Collecting Duties on The Land and Building Rights Acquisition on The Making of Sale and Purchase Deeds in Singaraja City 公证员和土地产权登记员在新加坡市买卖契约中土地和建筑权利取得征收税款中的作用

Jurnal Akta Pub Date : 2022-06-28 DOI: 10.30659/akta.v9i2.21362

Nyoman Edy Febriana, I. W. Parsa, I. G. Artha, I. N. Bagiastra

引用次数: 0

The Criminal Law & Muamalah Studies on the Affiliator Role of Binary Option Transaction 二元期权交易关联方角色的刑法与法律研究

Jurnal Akta Pub Date : 2022-06-28 DOI: 10.30659/akta.v9i2.22366

Any Ismayawati, Inna Fauziatal

{"title":"The Criminal Law & Muamalah Studies on the Affiliator Role of Binary Option Transaction","authors":"Any Ismayawati, Inna Fauziatal","doi":"10.30659/akta.v9i2.22366","DOIUrl":"https://doi.org/10.30659/akta.v9i2.22366","url":null,"abstract":"The development of the digital world today has not been fully followed by the development of human capabilities in the digital field. This is what gives rise to various problems, especially in facing the trend of digital transactions, such as Binary Option. The most obvious impact in digital transactions is the emergence of affiliates who take huge profits on the losses of their transaction partners. Regarding to above statement, this study aims to explore the role of trading affiliater in digital transactions, the performative function of criminal law, and the perspective of sharia contracts in muamalah about Binary Option. The method of this research is normative research using a statutory approach in criminal law and sharia contracts in muamalah. The results showed that the role of affiliates in Binary Option is to influence business people to enter the circle of online type transactions, by promoting that Binary Option are fast, easy and very profitable transactions. In the perspective of criminal law shows that those committed by affiliates in Binary Option are included in the criminal act of fraud. Likewise in muamalah, digital transactions such as Binary Option are classified as prohibited transaction because it contains elements of Gharar and it is not called selling in Islam.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123503310","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

Juridical Study of Reforming the Criminal Procedural Law System regarding Pretrial Institutions after Constitutional Court Decision in Indonesia 印尼宪法法院判决后审前机构刑事诉讼制度改革的司法研究

Jurnal Akta Pub Date : 2022-06-28 DOI: 10.30659/akta.v9i2.21530

Nurbaedah Nurbaedah

{"title":"Juridical Study of Reforming the Criminal Procedural Law System regarding Pretrial Institutions after Constitutional Court Decision in Indonesia","authors":"Nurbaedah Nurbaedah","doi":"10.30659/akta.v9i2.21530","DOIUrl":"https://doi.org/10.30659/akta.v9i2.21530","url":null,"abstract":"This study examines the problem of reforming the criminal procedural law system regarding pretrial institutions in Indonesia after the decision of the Constitutional Court No. 21/PUU-XII/2014. The purpose of this study is to analyze in an effort to reform the criminal procedural law system regarding pretrial institutions in Indonesia. This research method uses normative legal research. The results of this study describe that the changes in the Criminal Procedure Law System Regarding Pretrial Institutions in Indonesia after the Constitutional Court Decision No. 21/PUU-XII/2014 are the scope of pretrial examination is not only limited to whether or not an arrest, detention, termination of investigation or termination of prosecution is legal; compensation and or rehabilitation for a person whose criminal case is terminated at the level of investigation or prosecution; whether or not the determination of a suspect, confiscation and search is valid, but also has the authority to test whether the investigation is legal or not, in the case that the case being investigated has ne bis in idem elements, the case being investigated has an error in persona, the case being investigated is strongly suspected of being a criminalization. Examination material in pretrial cases is not only on procedural law enforcement actions, but can enter case material so that a simple, fast, and low-cost trial can be well integrated in the criminal procedural law system. The pretrial institution as a control function can concretely guarantee the balance of rights of Indonesian citizens who are in contact with criminal cases, both as investigators, witnesses, and suspects.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121056229","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

The Examination of Anti-Money Laundering Laws in Nigeria as International Law Overview 尼日利亚反洗钱法的国际法审查综述

Jurnal Akta Pub Date : 2022-06-28 DOI: 10.30659/akta.v9i2.21234

M. A. Nasir

引用次数: 0

The Reconstruction of Subjectum Litis in Term of Reflections on Constitutional Dissolution of Political Parties 从对政党宪政解体的思考看主体的重构

Jurnal Akta Pub Date : 2022-04-26 DOI: 10.30659/akta.v9i1.20970

I. Kurniawan

{"title":"The Reconstruction of Subjectum Litis in Term of Reflections on Constitutional Dissolution of Political Parties","authors":"I. Kurniawan","doi":"10.30659/akta.v9i1.20970","DOIUrl":"https://doi.org/10.30659/akta.v9i1.20970","url":null,"abstract":"This legal research aims to examine the awarding of political parties currently in force in Indonesia through the Constitutional Court and provide a conclusive elaboration on the comparison of the dissolution of political parties in Indonesia with Germany and Slovenia. The respect for all aspects of human rights has become the obligation of every people in citizen, including respect for the political rights of citizens. In addition, citizens have the right to participate in the dynamics of government, including the possibility of the public applying for the dissolution of political parties. This legal research statute approach, comparative approach, and conceptual approach to legislation were based on primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Subjectum Litis to the dissolution of political parties was only carried out by executive relations alone; so the public cannot apply for dissolution of political parties. Thus, this may indicate that arbitrariness also reflects the existence of particular political interests that dominate the executive's domination and try to intervene in the juridical aspect. Therefore, the researcher provides recommendations for reconstructing political subjects through various schemes; who can expand the applicant in the process of political dissolution, the applicant in the dissolution of a political party is only extended to all Indonesian people not for their official or position, and the applicant for political dissolution is carried out by the legislative and executive institutions as is practiced in Germany and Slovenia.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114720745","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: 3

Analysis of Positive Legal Sources on the Implementation Bugis Customary Sanctions of Makassar for Silariang Actor 对司良行为人实施望加锡习惯法制裁的实证法律渊源分析

Jurnal Akta Pub Date : 2022-04-26 DOI: 10.30659/akta.v9i1.20619

S. Salle, Mirnawanti Wahab

{"title":"Analysis of Positive Legal Sources on the Implementation Bugis Customary Sanctions of Makassar for Silariang Actor","authors":"S. Salle, Mirnawanti Wahab","doi":"10.30659/akta.v9i1.20619","DOIUrl":"https://doi.org/10.30659/akta.v9i1.20619","url":null,"abstract":"In this study, the researchers analysed the phenomenon of Silariang (embarrassed) practice in the life of the Bugis Makassar society, which was considered unsuitable with the values of traditional life. This research aims to find out the form of Silariang according to Makassar Bugis customary law and implement a customary penalty for Silariang perpetrators. The research method used is juridical-normative with a statutory approach and a conceptual approach. The results of this study indicate that, according to Makassar Bugis customary law, Silariang or elopement is found in the Makassar community and can be found in other ethnic traditions outside Makassar. What makes them different is the punishment applied to the two perpetrators. For other ethnic groups, the penalty is usually not so severe. However, for the Makassarese, it usually ends with the murder of the perpetrator. The implementation of this customary law punishment is in the form of humiliation or persecution, expulsion from the village, and even the death penalty if the violation is very serious. The only one who can carry out the punishment is the family who does the Silariang. Also, the results of other studies illustrate that the embodiment of customary law principles as part of a positive legal source in Indonesia is highly recommended. Moreover, in the context of upholding morality, cultural nobility, honesty, and justice, it should avoid legal dilemmas to enforce the law against the law. After that, all decisions of legal action are aimed at creating public order, balance, and peace. Legal decisions based on the paradigm of customary law in the Silariang can cause feelings of shame, hurt, and revenge, ending in revenge efforts.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124083968","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

The Legal Politics of the Government to Provide Legal Certainty Related to the Practice of Pawning on A Paid Rent Based on Justice Value 基于正义价值的政府法律政治学为租代典当提供法律确定性

Jurnal Akta Pub Date : 2022-04-21 DOI: 10.30659/akta.v9i1.21161

Arpangi Arpangi

{"title":"The Legal Politics of the Government to Provide Legal Certainty Related to the Practice of Pawning on A Paid Rent Based on Justice Value","authors":"Arpangi Arpangi","doi":"10.30659/akta.v9i1.21161","DOIUrl":"https://doi.org/10.30659/akta.v9i1.21161","url":null,"abstract":"Pawning has become a trend in society because the procedures and requirements are easy, simple, and uncomplicated so that people immediately get money. So it is not uncommon for people to guarantee their goods in pawning activities. Based on the formulation of Article 1150 of the Civil Code, it can be seen that pawning is a material security right on certain movable objects belonging to the debtor or another person on behalf of the debtor to serve as collateral for the settlement of certain debts, which gives priority rights (preference) to the holder of the lien over other creditors. , after prioritizing the costs for the auction and the cost of rescuing the pawned goods taken from the sale proceeds through a public auction of the pawned goods. As material rights, liens continue to follow the object or goods pledged in the hands of whoever holds it (droit de suite). Likewise, it contains a right to sue because the recipient of the pledge has the right to claim the lost goods back. This provision is as contained in Article 1152 Paragraph (3) of the Civil Code. Article 1152 paragraph (4) of the Civil Code stipulates that if later it turns out that the pawnbroker does not actually have the right to alienate the goods, for example, he is only the tenant or the borrower of the goods, then the lien rights of the pledge holder cannot be cancelled.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116570983","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