Ferry Anggriawan, Mohammad Fahrial Amrulla, Fadilla Dwi Lailawati
{"title":"Optimizing the role of political party courts in resolving internal political party disputes","authors":"Ferry Anggriawan, Mohammad Fahrial Amrulla, Fadilla Dwi Lailawati","doi":"10.26905/idjch.v13i2.7962","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.7962","url":null,"abstract":"The purpose of this study is to provide suggestions for new legal concepts, to optimize the role of the Political Party Court, using normative juridical law research methods and approaches to laws, cases, and comparative law approaches. The mechanism for resolving internal disputes within political parties is regulated in Article 32 of Law of the Republic of Indonesia Number 2 of 2011 concerning Amendments to Law of the Republic of Indonesia Number 2 of 2008 about Political Parties (Political Parties Law), which states that it can be done through the Court of Political Parties. Furthermore, Article 33 of the UUPP can submit the settlement mechanism through a lawsuit to the District Court and the Supreme Court. The legal fact is that from several internal political party dispute cases, the settlement process is not only done through these two methods. However, someone suddenly created a rival Extraordinary Congress, seeking legal tendencies at the Ministry of Law and Human Rights of the Republic of Indonesia to file a lawsuit with the State Administrative Court. So it is necessary to have a new legal concept to optimize the role of the Political Party Court and a one-door mechanism for resolving internal disputes of political parties.How to cite item: Anggriawan, F. Amrulla, M.F., Lailawati, F.D., (2022). Optimizing the role of political party courts in resolving internal political party disputes. Jurnal Cakrawala Hukum, 13(2). 145-153. doi:10.26905/idjch.v13i2.7962.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122420695","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}
{"title":"Confidentiality of the notary deed in the freedom of the academic pulpit","authors":"Reni Margiyanti, T. Negara, R. I. R. Sjafi’i","doi":"10.26905/idjch.v13i2.5735","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.5735","url":null,"abstract":"Many academic community members abuse the academic pulpit's freedom for inappropriate purposes. The purpose of this paper is to analyze the conflict or conflict of norms in the Article related to the obligation of a Notary to keep everything regarding the Deed he made and the explanation of the Article associated with the freedom of the academic pulpit (Article 8 Paragraph (1), Law of the Republic of Indonesia Number 12 the Year 2012), in the Republic of Indonesia. On the one hand, a notary must keep everything about the deed he made secret; on the other hand, a notary who is a teaching staff or lecturer must carry out his duties as an academic civitas. This writing uses a normative juridical method with a statute and conceptual approach. The results obtained are that the position of a notary is higher than the position of a notary as a lecturer; therefore, the notary's limitations regarding the academic pulpit are to the position of a notary as a public official, whereas a public official a notary is obliged to keep everything related to the deed he made, which means that he has been ordered to a notary. Not to give, show or notify the act’s contents except those with a direct interest. Therefore, regulators should study further if there is a conflict of norms in the Articles related to the Notary's obligation to keep everything confidential regarding the Deed he made.How to cite item: Margiyanti, R., Negara, T, A, S.,. Sjafi’i, R, I, R., (2022), Confidentiality of the notary deed in the freedom of the academic pulpit. Jurnal Cakrawala Hukum, 13(2). 184-193. doi:10.26905/idjch.v13i2.5735.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123686158","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}
Galih Puji Mulyono, Yusuf Eko Nahuddin, Lily Faradina, Sri Indah Cahyani
{"title":"Reconstruction of cultural views of 'reluctant' prevents criminal acts of gratification","authors":"Galih Puji Mulyono, Yusuf Eko Nahuddin, Lily Faradina, Sri Indah Cahyani","doi":"10.26905/idjch.v13i2.7965","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.7965","url":null,"abstract":"This study aims to reconstruct the \"reluctant\" cultural view and minimize the level of gratification in the ULP employees of the Batu City Government. The method used is empirical research, with the research location being the Batu City Government Procurement Service Unit. The results of this study are activities carried out by making slogans for Batu City Government ULP employees who read the anti-Gratification slogan and categorize the culture of shame as positive and negative. Next, is the design of a blueprint for the Batu City Government ULP code of ethics, carried out through a Focus Group Discussion. The discussion in this study shows that 90% of ULP officials in the Batu City Government still do not understand gratification and do not yet have a draft code of ethics that regulates ULP in the Batu City Government, primarily through the education provided by the leadership. Therefore, it is essential that this research and should be carried out by implementing the above results can reduce the crime of gratification in Indonesia.How to cite item: Mulyono, GP., Nahuddin, YE., Faradina, L, Cahyani, SI., (2022). Reconstruction of cultural views of 'reluctant' prevents criminal acts of gratification. Jurnal Cakrawala Hukum, 13(2). 154-163. doi:10.26905/idjch.v13i2.7965.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127010725","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}
{"title":"Constitutionality of constitutional settlement of disputes for the election of local heads","authors":"Ahmad Siboy","doi":"10.26905/idjch.v13i2.6457","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.6457","url":null,"abstract":"The authority to adjudicate disputes over the results of regional head elections continues to experience a shift in the judiciary. The delegation of authority to judge to the courts caused a polemic when the Pilkada was returned to the electoral regime, considering that the handover of auto power he the Special Courts Agency was based on the Constitutional Court's decision that the Regional Head Elections was a not General Election regime but the Regional Head Election regime. The purpose of this study is to describe the dynamics and the basis for the constitutionality of the authority to try it. The survey results stated that the judiciary's regulation on the settlement of ciary experienced three shifts, namely from the Supreme Court, the Constitutional Court, and the Special Courts Agency. However, the Special Courts Agency payment is unconstitutional because it is not a judicial institution that is explicitly and directly by the Constitution. The compensation of the amount by the Agency must be concretely normalized in the Republic of Indonesia Constitution so that the settlement process no longer moves, especially when the Regional Head Election is again designed to be returned to the General Election regime.How to cite item: Siboy, A (2022). Constitutionality of constitutional settlement of disputes for the election of local heads. Jurnal Cakrawala Hukum, 13(2). 117-127. doi:10.26905/idjch.v13i2.7095.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114568893","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}
{"title":"Responsibilities of air carriers on international flights","authors":"Retno Sariwati","doi":"10.26905/idjch.v13i2.7963","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.7963","url":null,"abstract":"In international air transportation, it is sure to talk about the responsibility of the carrier, which cannot be separate from the discussion of international agreements, namely, in this case, the 1999 Montreal Convention, which contains the issue of the responsibility of international air carriers. This study aims to determine the guilt of air carriers on international flights to passengers, shippers, and third parties in the event of an aircraft accident. The approach method used in this research is normative juridical (legal research), using legal materials as the primary material. The carrier's responsibility is based on the absolute principle; the page is responsible but is still limited by the limitation principle (the carrier's responsibility is limited to a certain amount). The airline's responsibility is based on the presumption and limitation of liability for consignments and baggage. The carrier is always considered responsible until the airline can prove that it is not guilty of the event that caused the loss. The carrier's responsibility for baggage should be absolute because, by the time the passenger brings the bags, it has passed several checks that have confirmed that the goods in the luggage are not problematic.How to cite item: Sariwati, R (2022). Responsibilities of air carriers on international flights. Jurnal Cakrawala Hukum, 13(2). 194-201. doi:10.26905/idjch.v13i2.7963.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114834888","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}
Pratama Yoland Suryamodjo, Nur Azisa, Haeranah Haeranah
{"title":"Customary sanctions in resolving violations of the \"aluk todolo\" of the Tana Toraja community","authors":"Pratama Yoland Suryamodjo, Nur Azisa, Haeranah Haeranah","doi":"10.26905/idjch.v13i2.5655","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.5655","url":null,"abstract":"Customary law must be able to protect and serve as a legal umbrella for indigenous peoples in terms of resolving customary violations committed by tourists, so this research is to determine the effectiveness of the application of customary sanctions in resolving violations of customary \"Aluk Todolo\" communities in Tana Toraja and North Toraja Regencies and observe the application of sanctions customary law in resolving violations of the \"Aluk Todolo\" custom which can provide a deterrent effect for violators and become the basis for legal protection for people in Tana Toraja Regency and North Toraja Regency who carry out this rule, using empirical research by collecting data based on observed facts obtained from the results of interviews and direct observation. The results of this study indicate that the application of customary sanctions in resolving violations of the traditional \"Aluk Todolo\" community in Tana Toraja Regency and North Toraja Regency is very effective in preventing customary violations and is the basis for legal protection for people in Tana Toraja Regency and North Toraja Regency who carry out the rules.How to cite item: Suryamodjo, PY, Azisa, N., Haeranah. (2022). Customary sanctions in resolving violations of the \"aluk todolo\" of the Tana Toraja community. Jurnal Cakrawala Hukum, 13(2), 214-223. doi:10.26905/idjch.v13i2.5655.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129966515","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}
{"title":"Dinar Candy, pornography, freedom of expression, and the law","authors":"S. Donandi S.","doi":"10.26905/idjch.v13i2.6517","DOIUrl":"https://doi.org/10.26905/idjch.v13i2.6517","url":null,"abstract":"Dinar Candy expressed her feeling to PPKM by wearing bikini in the roadside which caused her be stipulated as the suspect of phornography. Dinar Candy’s case brought to the thoughts on the limitation of pornography meaning and the determination on freedom of expression in action of wearing bikini. The research is conducted through a qualitative approach using secondary data. The results show, first: phornograph is limited by ‘subjective reason’ such as if the phornography is aimed for personal interest, then the action is not phornography. The other is ‘action-room limitation’ in which an action can be formulated as phornography if the standard and characteristic in the room where the action is done consideres that the action is obscene or aims to sexual exploitation. The room refers to specific place such as beach, roadside, hotel, or other specific places, not wide social room. Second: If someone’s feeling is expressed by wearing bikini in a room which based on its decency standard allows to wear bikini, then the action can be determined as freedom of expression. In contrary, in a room where bikini is considered against morality, or it is spread to public, then such action is againsting the phornogrphy law.How to cite item: Donandi S, S. (2022). Dinar Candy, pornography, freedom of expression, and the law. Jurnal Cakrawala Hukum, 13(2). 202-213. doi:10.26905/idjch.v13i2.6517.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121466168","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}
Lydia Kurnia Putri Rosari, Imam Koeswahyono, Diah Aju Wisnuwardhani
{"title":"Implikasi yuridis parate eksekusi obyek hak tanggungan","authors":"Lydia Kurnia Putri Rosari, Imam Koeswahyono, Diah Aju Wisnuwardhani","doi":"10.26905/idjch.v13i1.5189","DOIUrl":"https://doi.org/10.26905/idjch.v13i1.5189","url":null,"abstract":"To analyze and study the juridical implications of separate execution on the object/s of mortgage are the objectives to be achieved in this research and also to find out what are the obstacles faced by the Bank PT. Central Bank Asia Tbk. Kediri Branch in implementing para te execution with the object of the mortgage. The method used in this research is empirical legal research with interview data collection techniques, literature studies, and documentation. The results of the research with the method above show the obstacles that might occur is an obstacle that came from the debtor's side, for example, the existence of resistance from the debtor or third party and the emptying of the object of the liability right. The obstacle from the creditor's side is the difficulty in finding auction buyers for the object of the execution auction. The juridical implication of the execution parade with the object of collateral is to obtain creditor assurance regarding the repayment of his debt from the debtor, in addition to accelerating the repayment process of creditors when the debtor defaults by giving the creditor the right to sell the Collateral Right Object of his own power through a public auction.How to cite item: Rosari. L.K.P., Koeswahyono I., Wisnuwardhani. D.A. (2022). Implikasi Yuridis Parate Eksekusi Objek Hak Tanggungan. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.5189.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127930698","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}
Hartina Ruth Manora, Abdul Rachmad Budiono, Endang Sri Kawuryan
{"title":"Kewenangan pejabat lelang kelas II terhadap minuta risalah lelang yang lebih batas waktu","authors":"Hartina Ruth Manora, Abdul Rachmad Budiono, Endang Sri Kawuryan","doi":"10.26905/idjch.v13i1.7096","DOIUrl":"https://doi.org/10.26905/idjch.v13i1.7096","url":null,"abstract":"This study aims to determine the position of the minutes of auction minutes after 30 years and the authority of the Auction Officer after the minutes are kept for 30 years. The Minutes of the Minutes of Auction Deed are authentic deeds and have perfect evidentiary power for the parties. In Article 92 paragraphs (3) and (4) of the Regulation of the Minister of Finance (PerMenKeu) Number 27/PMK.06/2016 concerning Auction Implementation Guidelines, it is stated that the minimum period of storage for the Minutes of Auction Deed is 30 years. The position of the minutes of auction minutes that have been kept for 30 years or more, if it is related to the juridical age of the authentic deed, then the position of the minutes of the auction minutes that have been kept for 30 years remains valid as legal evidence. Minutes of Auction made by the Class II Auction Officer are kept at the Class II Auction Officer's Office for 30 years so that the Class II Auction Officer is authorized to make a copy/quote/Grosse after 30 years and is not liable for the minutes of the auction minutes. In terms of enforcing the rights of the parties concerned and requiring the Minutes of Auction that have been kept for 30 years, the parties concerned may take legal action by submitting a request for a court order.How to cite item: Manora, HM., Budiono, AR., Kawuryan ES. (2022). Kewenangan pejabat lelang kelas II terhadap minuta risalah lelang yang lebih batas waktu. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.7096.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"231 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133289312","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}
Mukhamad Khabib Risvian, Hanif Nur Widhiyanti, Reka Dewantara
{"title":"Perlindungan hukum kreditor yang memegang hak tanggungan dalam kepailitan","authors":"Mukhamad Khabib Risvian, Hanif Nur Widhiyanti, Reka Dewantara","doi":"10.26905/idjch.v13i1.7438","DOIUrl":"https://doi.org/10.26905/idjch.v13i1.7438","url":null,"abstract":"The purpose of this paper is to overcome future problems, Law No. 4 of 1996 concerning Mortgage on Land and Objects Related to Land and Law No. 37 of 2004 concerning Bankruptcy and Postponement of Obligation to Pay Debts. Preventive and Repressive Legal Protection actions, however, a problem or conflict of law arises which regulates the time limit which is the source of problems between the Mortgage Law and the Bankruptcy Law, thus confusing stakeholders. The Bankruptcy Law provides a time limit of 2 months or 90 (days) after the bankruptcy decision is given and must be given to the Curator. but it is felt that it does not provide sufficient time for the Creditor of the Mortgage Holder. Because the creditor rights holders have protected their rights by the Mortgage Law which is written in article 21 of the Mortgage Law. Within 2 months, it does not mean that the creditor has to complete the execution, but within that period the creditor has started the execution process. due to the process that must be passed by the Mortgage Holder to sell the Mortgage Object.How to cite item: Risvian, MK., Widhiyanti, HN Dewantara, R (2022). Perlindungan hukum kreditor yang memegang hak tanggungan dalam kepailitan. Jurnal Cakrawala Hukum, 13(1). doi:10.26905/idjch.v13i1.7438.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"290 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125745409","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}