PENA LAW: International Journal of Law最新文献_第2页

POLITICAL STUDY OF LAW LAW NUMBER 8 OF 1981 CONCERNING THE CRIMINAL PROCEDURE CODE IN TERMS OF PRETRIAL LEGAL ASPECTS 法律政治研究1981年第8号法，关于刑事诉讼法审前法律方面的问题

PENA LAW: International Journal of Law Pub Date : 2022-09-30 DOI: 10.56107/penalaw.v1i2.43

Lewiaro Laia

{"title":"POLITICAL STUDY OF LAW LAW NUMBER 8 OF 1981 CONCERNING THE CRIMINAL PROCEDURE CODE IN TERMS OF PRETRIAL LEGAL ASPECTS","authors":"Lewiaro Laia","doi":"10.56107/penalaw.v1i2.43","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.43","url":null,"abstract":"The development of the authority of pretrial institutions in Indonesia begins with increasing the pretrial authority to the authority of investigators to be able to re-establish legal subjects (persons and / or legal entities) as suspects with the same evidence. The state organ that plays a dominant role in determining changes to the authority of pretrial institutions in Indonesia is the Constitutional Court (MK) which in terms of the aspect of state organ power is in the judicial branch of power (not executive or even legislative). It's just that the legal products stipulated by the Constitutional Court are more in the nature of forming laws and regulations which are the authority of the legislative and executive state organs. Since its inception, the Constitutional Court has been designed to oversee the constitution in the sense of keeping the law consistent, in line, and not contrary to the Constitution. In this case, there is a kind of constitutionalism barrier that strictly limits the Constitutional Court as a constitutional judiciary not to interfere in the realm of legislative power. Therefore, as a judicial institution, the Constitutional Court in principle should only state that articles/paragraphs/parts or all laws are contrary or not contrary to the constitution. In such duties and authorities, the Constitutional Court should not be allowed to make decisions of a regulatory nature, should not cancel laws or the contents of laws that the Constitution declares open (handed over arrangements to the legislature), and should not also make decisions that are ultra petita (let alone those that are positive legislature). \u0000 ","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114904261","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: 1

ANALYSIS OF INDONESIAN COMMITMENT PRINCIPLES IN THE G20 ANTI-CORRUPTION WORKING GROUP IN 2020 印尼2020年g20反腐败工作组承诺原则分析

PENA LAW: International Journal of Law Pub Date : 2022-09-30 DOI: 10.56107/penalaw.v1i2.44

Beni Sukri, R. Rustam

{"title":"ANALYSIS OF INDONESIAN COMMITMENT PRINCIPLES IN THE G20 ANTI-CORRUPTION WORKING GROUP IN 2020","authors":"Beni Sukri, R. Rustam","doi":"10.56107/penalaw.v1i2.44","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.44","url":null,"abstract":"Corruption is an act that violates the law, and this act often occurs in every country in the world, including Indonesia. Currently, the state has begun to realize the dangers caused by acts of corruption that can harm various fields such as economic, social and political in a country. With many countries experiencing the problem of corruption, there is a desire to jointly eradicate it by holding a joint agreement and committing to overcome it. The implementation of the G20 Anti-Corruption Working Group activity in 2020 is a continuation of previous activities to declare a joint commitment to fighting corruption. The Government of Indonesia through the Ministry of Foreign Affairs strives to always play an active role in these activities. The purpose of this paper is to analyze the principles contained in the commitments agreed by the countries participating in the G20 Anti-Corruption Working Group in 2020. The method used in writing this article is normative juridical or can also be called doctrinal legal research. This paper uses secondary data. Secondary data is data obtained by an organization or individual from other parties who have collected and obtained it before. The results obtained from this paper are that there are principles agreed upon in the G20 Anti-Corruption Working Group in 2020, namely: 1) principles for the preparation and implementation of a national strategy on anti-corruption; 2) principles to Promote Integrity in Privatization and Public-Private Partnerships; 3) the principle of Encouraging the Integrity of the Public Sector through the Use of Information and Communication Technology.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132847205","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

LEGAL PROTECTION OF CREDITORS ON THE TRANSFER OF FOUR-WHEEL VEHICLES BY THE DEBTOR TO THIRD PARTIESIN PEKANBARU CITY 北干巴鲁市债务人四轮车辆转让给第三人对债权人的法律保护

PENA LAW: International Journal of Law Pub Date : 2022-09-30 DOI: 10.56107/penalaw.v1i2.45

Zulfikri Zulfikri, Suryanto Sagala

{"title":"LEGAL PROTECTION OF CREDITORS ON THE TRANSFER OF FOUR-WHEEL VEHICLES BY THE DEBTOR TO THIRD PARTIESIN PEKANBARU CITY","authors":"Zulfikri Zulfikri, Suryanto Sagala","doi":"10.56107/penalaw.v1i2.45","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.45","url":null,"abstract":"In a fiduciary agreement, the object used as the object of the fiduciary guarantee is still in the control of the owner of the object (the debtor). case it is the granting of property rights to the fiduciary collateral. object without displaying a physical object. In general, in the law of guarantees whose objects are movable objects, the debtor cannot transfer, pledge or lease to other parties the objects that are the object of the Fiduciary Guarantee. This type of research is a sociological legal research conducted by means of a survey, namely research directly to the research location using a data collection tool in the form of interviews. Meanwhile, if viewed from its nature, this writing is descriptive analytical. Legal Protection Against Creditors for the Transfer of Four-Wheel Vehicles by Debtors to Third Parties in Pekanbaru City that the Fiduciary Guarantee Act has attempted to provide a technical protection for the interests of creditors, the implementation of protection through execution of fiduciary guarantees, which in the end provides choices for creditors to take peaceful way which means providing additional costs. Obstacles in Legal Protection Against Creditors on Transfer of Four-Wheel Vehicles by Debtors to Third Parties in Pekanbaru City that the Fiduciary Guarantee Law has given creditors a weak position, such as the lack of firmness in execution and concerning the implementation of executions.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121319366","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: 1

THE LEGAL POLITICS OF THE GOVERNMENT ON THE ACQUISITION OF LAND FOR DEVELOPMENT IN TERMS OF THE ASPECTS OF THE IUS CONSTITUTUM AND IUS OPERATUM 从宪法法和操作法两个方面分析政府在土地征用上的法律政治

PENA LAW: International Journal of Law Pub Date : 2022-09-30 DOI: 10.56107/penalaw.v1i2.40

Riadi Asra Rahmad

引用次数: 0

CRIMINATION OF CRIMINAL ACTS OF KHAMAR AND DRUGS IN ISLAMIC CRIMINAL LAW COMPARED TO INDONESIAN POSITIVE CRIMINAL LAW 伊斯兰刑法中对毒品犯罪行为的定罪与印尼实证刑法的比较

PENA LAW: International Journal of Law Pub Date : 2022-05-21 DOI: 10.56107/penalaw.v1i1.7

Hulaimi Hulaimi, Lewiaro Laia, Khairul Azwar Anas

{"title":"CRIMINATION OF CRIMINAL ACTS OF KHAMAR AND DRUGS IN ISLAMIC CRIMINAL LAW COMPARED TO INDONESIAN POSITIVE CRIMINAL LAW","authors":"Hulaimi Hulaimi, Lewiaro Laia, Khairul Azwar Anas","doi":"10.56107/penalaw.v1i1.7","DOIUrl":"https://doi.org/10.56107/penalaw.v1i1.7","url":null,"abstract":"Narcotics and dangerous drugs may be as old as humans. Increasingly, drug users are increasingly widespread in various parts of the world, including Indonesia. The types of drugs are getting more and more sophisticated. In this latest century, it seems that no country is free from the problem of drugs. The term drugs in the context of Islamic law, is not mentioned directly in the Qur'an or in the Sunnah. In the Koran only mentions the term khamr. The purpose of this study is to analyze the comparison of punishment for perpetrators of the crime of alcohol and drugs in Islamic criminal law compared to positive Indonesian criminal law with normative legal research methods. The criminal difference for the perpetrators of the crime of khamr in Islamic criminal law compared to positive Indonesian criminal law is that in Islamic law, the punishment imposed is only in the form of caning, while in positive Indonesian criminal law, the sentence imposed can be in the form of imprisonment or a related fine. with liquor which is classified as a \"crime\" and imprisonment or a fine related to liquor which is classified as an \"offence\". Sanctions for perpetrators of drug abuse in the perspective of Islamic criminal law, have similarities with the legal sanctions for criminal acts of drug abuse in the perspective of the criminal law of the Republic of Indonesia, namely both are the authority of the government/judges to determine the punishment.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133465706","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

LAND LAW IN THE COMMUNAL RIGHTS OF THE COMMUNITY 土地法规定了社区的公共权利

PENA LAW: International Journal of Law Pub Date : 2022-05-21 DOI: 10.56107/penalaw.v1i1.6

Hamler Hamler, Leonard C. Opara

{"title":"LAND LAW IN THE COMMUNAL RIGHTS OF THE COMMUNITY","authors":"Hamler Hamler, Leonard C. Opara","doi":"10.56107/penalaw.v1i1.6","DOIUrl":"https://doi.org/10.56107/penalaw.v1i1.6","url":null,"abstract":"Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minister of Agrarian Affairs / Spatial Planning and Head of BPN Number 10 of 2016, and in particular the provisions of Article 16 paragraph 1 h jo Section 53 of the BAL, In case of land rights disputes granted to legal subjects with communal rights of customary law community then the law must be enforced in its settlement to be resolved through the Court (litigation) of the institution having the authority to resolve the dispute and settlement of a non litigation dispute or alternative disputes resolution. Alternative dispute resolution in the form of win-win solusen that can provide mutual benefit.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127688423","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: 1

THE INDONESIAN CRIMINAL CODE: UNREGULATED ADULTERY (AN OVERVIEW OF ISLAMIC CRIMINAL LAW) 印度尼西亚刑法:不受管制的通奸(伊斯兰刑法概览)

PENA LAW: International Journal of Law Pub Date : 2022-05-21 DOI: 10.56107/penalaw.v1i1.8

Irfan Ardiansyah, Duwi Handoko, Beni Sukri

引用次数: 0

PROBLEMS OF FULFILLMENT OF THE RIGHT TO EXPECT OPINIONS AND VIOLATIONS OF THE RIGHT TO HEALTH IN INDONESIA 印度尼西亚实现发表意见权的问题和侵犯健康权的情况

PENA LAW: International Journal of Law Pub Date : 2022-05-21 DOI: 10.56107/penalaw.v1i1.10

Tat Marlina, Duwi Handoko, Riadi Asra Rahmad

{"title":"PROBLEMS OF FULFILLMENT OF THE RIGHT TO EXPECT OPINIONS AND VIOLATIONS OF THE RIGHT TO HEALTH IN INDONESIA","authors":"Tat Marlina, Duwi Handoko, Riadi Asra Rahmad","doi":"10.56107/penalaw.v1i1.10","DOIUrl":"https://doi.org/10.56107/penalaw.v1i1.10","url":null,"abstract":"The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with \"public order\" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120964774","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

PERSPECTIVES ON ISLAMIC CRIMINAL LAW AND POSITIVE INDONESIAN CRIMINAL LAW AGAINST CHILDREN WHO COMMIT CRIMES 伊斯兰刑法与印尼针对儿童犯罪的正面刑法透视

PENA LAW: International Journal of Law Pub Date : 2022-05-21 DOI: 10.56107/penalaw.v1i1.9

Rahmad Alamsyah, Aneesh V. Pillai

引用次数: 0