Journal of Political And Legal Sovereignty最新文献

Legal Science Perspective in Modern Science Concepts 现代科学概念中的法学视角

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.33

Padlah Riyadi

{"title":"Legal Science Perspective in Modern Science Concepts","authors":"Padlah Riyadi","doi":"10.38142/jpls.v1i1.33","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.33","url":null,"abstract":"Purpose - This research examines the problem of legal science, which is the center of debate among legal scholars with the problem of the perspective of Law in the concept of modern science.Methodology - This study uses empirical legal research methodology. Empirical legal research is a legal research method that uses empirical facts taken from human behavior, both verbal behaviors obtained from interviews and actual behavior carried out through direct observation. This research was conducted by examining the actual situation in society, namely looking for facts related to the problems in research.Findings - The development of the science of Law is progressing very fast along with the development of science and technology, so every law graduate must be able to adjust his knowledge to keep up with these developments. However, this has changed by leaving the original characteristics of the knowledge he studied. The science of Law is independent and should be able to work independently following pure legal concepts and produce laws following the development of more modern society.Implication - The science of Law must return to its central concept as pure legal science. The approaches used in understanding the science of Law as a modern science are by returning the science of Law to its existence as a body of knowledge that will be studied and studied accordingly.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"48 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115528593","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

Notary Authority in Certifying Electronic Transaction Documents 认证电子交易文件的公证机构

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.64

A. A. Gede, Krisna Prabhawisnu, I. Sujana, P. Ayu, Sriasih Wesna

{"title":"Notary Authority in Certifying Electronic Transaction Documents","authors":"A. A. Gede, Krisna Prabhawisnu, I. Sujana, P. Ayu, Sriasih Wesna","doi":"10.38142/jpls.v1i1.64","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.64","url":null,"abstract":"Purpose:Electronic transaction certification is another form of authority a notary possesses, and more study still needs to be done on this matter. Hence, this research attempts to examine this matter in more depth. The rapid development of technology has given birth to convenience for human life, including in law, especially notaries. The existence of a cyber notary formulated in Article 15 paragraph (3) of the Notary Office Law gives a notary the authority to certify transactions electronically.Methodology:The method chosen for this research is normative legal research by analyzing and interpreting legal and social facts.Findings:This authority still needs clear guidelines, so it is necessary to have a formulation regarding its regulation.Implication:Based on the theory of authority, a notary has the right to certify transactions electronically which is included in attributive authority and is a derivative of the law. It is appropriate that the authority to certify electronic transactions is further regulated so that later it will facilitate the work of notaries and follow utilitarian theory, where good law can provide the broadest possible benefits for society.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132278030","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

Reflection & Projection Women's "Special Treatment" in the 2024 Election Regulations: Study of PKPU 10/2023 2024年《选举条例》对妇女“特殊待遇”的反思与投射——PKPU 10/2023研究

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.57

Ida Budhiati, Rian Adhivira Prabowo

{"title":"Reflection & Projection Women's \"Special Treatment\" in the 2024 Election Regulations: Study of PKPU 10/2023","authors":"Ida Budhiati, Rian Adhivira Prabowo","doi":"10.38142/jpls.v1i1.57","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.57","url":null,"abstract":"Purpose - During the 2024 election, the KPU issued PKPU 10/2023, which regulates candidacy. PKPU 10/2023 contains changes to a new method for calculating decimals for calculating women's quotas in electoral districts. The question arises: Does PKPU 10/2023 contain the spirit of special treatment in the interests of women? For this purpose, this study was carried out by departing from three aspects: (i) The historicity of the dynamics of \"special treatment\" in the 1945 Constitution.Methodology – Also considered in this section are the circumstances and conditions that served as the background for including special treatment provisions in the constitution, along with the dynamics surrounding them. (ii) Precedents in Constitutional Court Decisions which provide rules for the meaning of special treatment. (iii) The role of the KPU as a regulator in formulating its regulations, namely the attribution of authority possessed by the KPU to translate the spirit of the constitution towards special treatment. Finally, (iv) the substance of the PKPU 10/2023 norm itself is reviewed for conformity with the norms.Findings - In succession, the following were found: First, from a historical perspective, the special treatment of women's political quotas shows a tendency for constitutional interpretations to open space for women's political involvement. Second, the KPU as the regulator has a strategic role in interpreting the constitutional spirit, including special treatment for women. Third, regarding substance, the content of norms contained in PKPU 10/2023 is different from Law 7/2017 and the 1945 Constitution.Implication - From these three aspects, this study concludes that PKPU 10/2023 shows a discrepancy in the spirit of special treatment in capturing the interests of women's political representation. There should be changes to PKPU 10/2023 norms while maintaining the special treatment provisions for women as contained in PKPU 20/2018.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133338045","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

Inheritance Rights of Children of Extramarital in the Perspective of Balinese Customary Law After Constitutional Court Decision Number 46/PUU-VIII/2010 宪法法院第46/PUU-VIII/2010号判决后巴厘习惯法视角下的婚外子女继承权

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.63

Trisna Sandya Maharani, I. Sujana, I. Nyoman, Alit Puspadma, Nyoman Sujana

{"title":"Inheritance Rights of Children of Extramarital in the Perspective of Balinese Customary Law After Constitutional Court Decision Number 46/PUU-VIII/2010","authors":"Trisna Sandya Maharani, I. Sujana, I. Nyoman, Alit Puspadma, Nyoman Sujana","doi":"10.38142/jpls.v1i1.63","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.63","url":null,"abstract":"Purpose:This Article analyzes the inheritance rights of children of extramarital in the perspective of Balinese Customary Law after Constitutional Court Decision Number 46/PUU-VIII/2010. This study is focused on the children born with extramarital inheritance as regulated under the customary law in Bali after the issuance of the Constitutional Court Decision regarding children of extramarital.Methodology:This research is conducted with normative legal methods by applying the statutory, conceptual, and case approaches. The theory of justice and legal certainty is applied as the tools for analyzing legal issues as the focus of the study.Findings:After the analysis, it can be understood that the inheritance rights of children born extramarital under customary law in Bali are still marginalized because for them to obtain the position of being an heir, the Balinese customary law and community still consider legal marriage as determining point whether a person can become an heir or not.Implication: Even though the Supreme Court Decision determines that the biological father has a civil relationship with a child born extramarital, providing that it can be proven by science or technology and or for other evidence under the applicable laws and regulations or other supporting evidence legally, but if the ratification is not carried out for husband and wife relationship through a religious ceremony as referred to in Article 2 Paragraph (1) of the Marriage Law, then a child born of extramarital still has no relationship in terms of inheritance to his father's kinship lineage or patrilineal kinship lineage. Children born of extramarital have an inheritance relationship with their mother or their mother's family.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"205 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122991575","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

PPAT Responsibilities That Do Not Issue the Deed of Grant of Guarantee Rights and Position of Creditors in Bankruptcy 不出具担保权授予契据的PPAT责任及破产中债权人的地位

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.58

M. Dananjaya, Mahawira, I. Arjaya, I. Made, Pria Dharsana

{"title":"PPAT Responsibilities That Do Not Issue the Deed of Grant of Guarantee Rights and Position of Creditors in Bankruptcy","authors":"M. Dananjaya, Mahawira, I. Arjaya, I. Made, Pria Dharsana","doi":"10.38142/jpls.v1i1.58","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.58","url":null,"abstract":"Purpose: The action taken is that lending and borrowing are not accompanied by the existence of an item that the debtor guarantees. However, in reality, in banking, there is a provision of a facility from the bank for its customers who do not lend to the debtor without including a guarantee.Methodology: The research method conducted by the author is normative research. The formulation of the problems that will be discussed includes 1. What is the responsibility of the PPAT towards the cover note stating that the Mortgage will be installed? 2. What is the creditor's position in bankruptcy because the mortgage right is not installed by the PPAT? The responsibility of a PPAT for a cover note that has stated the installation of mortgage rights is a criminal responsibility in which the right leads to individual responsibility.Findings: There is an imposition of sanctions either dishonorably dismissed or imposition of an institution for an action carried out by the PPAT and the existence of civil responsibility that provides direction in compensating creditors with the loss of the certificate of ownership.Implication: Judging from the position of a creditor in bankruptcy because the mortgage right is not installed by the PPAT, it is a creditor's position in the event of bankruptcy if it is based on the position of creditors with an equal or equal position. The granting of equal rights from the results of a bankrupt boedel execution has been adjusted to the amount of each bill.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"51 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132186585","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 Future of Relations between Indonesia and the Middle East Region in Terms of Geopolitics as Indonesia's 2020-2024 Strategic Plan 从地缘政治角度看印尼与中东地区关系的未来——印尼2020-2024年战略计划

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.31

Aldho Faruqi Tutukansa

{"title":"The Future of Relations between Indonesia and the Middle East Region in Terms of Geopolitics as Indonesia's 2020-2024 Strategic Plan","authors":"Aldho Faruqi Tutukansa","doi":"10.38142/jpls.v1i1.31","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.31","url":null,"abstract":"Purpose - This research examines the future relations between Indonesia and the middle east region regarding geopolitics as Indonesia's 2020-2024 strategic plan.Methodology - This study is qualitative. This research is a live case study that is used on a legal issue that has not ended or is currently happening, as well as conducting an extensive review of existing literature, scholarly articles, books, reports, and policy documents related to Indonesia's strategic plan, geopolitics, and the Middle East region. Analyze and synthesize the information to identify trends, perspectives, and potential future scenarios.Findings - The Middle East Region has various problems that occur in various aspects. However, the problems that occur are still said to be unable to be resolved by both parties alone but require one of the parties to participate in paving the way for peace between the Arab countries. Indonesia is considered capable of being a mediator because of the principles they carry out, namely a Free and Active Foreign Policy, close and harmonious relations between Indonesia and the Middle East Region in all aspects, and a continuous feeling of sympathy for one another.Implication - Foreign relations in the Middle East Region are included in the Strategic Plan by the Ministry of Foreign Affairs of the Republic of Indonesia as the primary goal in enhancing world peace based on the fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia. Indonesia's geopolitical concept indeed has led and can be carried out specifically concerning the interaction of relations with countries in the Middle East Region.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125213534","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

Construction Of Death Penalty Legal Arrangements in Indonesia 印度尼西亚死刑法律安排的构建

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.32

Padlah Riyadi

{"title":"Construction Of Death Penalty Legal Arrangements in Indonesia","authors":"Padlah Riyadi","doi":"10.38142/jpls.v1i1.32","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.32","url":null,"abstract":"Purpose - This study aims to investigate and understand the construction of death penalty legal arrangements in Indonesia.Methodology - This study uses document analysis to examine various documents, such as texts, records, official reports, personal diaries, or historical documents, that provide valuable insights for this study. Findings - The issuance of capital punishment as the primary punishment became an alternative (exceptional) special punishment that is based on three main ideas. From the point of view of the objective of the death penalty punishment, in essence, it is not the main or main means to regulate, discipline and improve individuals or society. The death penalty is only a means of exception. So, the death penalty is likened to amputation or surgery in the medical field, which is not the main medicine but the last medicine. Second, the concept of capital punishment as a special punishment departs from the idea of mono-dualistic balance. This idea is oriented towards balancing public interest or protecting society and paying attention to individual interests or protection, with a probationary period of 10 years. Third, the maintenance of capital punishment, even though it is a special punishment, is also based on avoiding societal demands or reactions that are revengeful or extra-legal. Implication - This study has implications for policy, public awareness, comparative analysis, human rights advocacy, and future research directions. Its findings can contribute to informed decision-making, public discourse, and efforts to promote a more just and humane legal system.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128082301","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

Arrangements for Notary Leave in Urgent Circumstances According to the Notary Office Act 根据公证处法，紧急情况下公证员休假安排

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.65

I. Utami, I. M. P. Dharsana, I. N. Sukandia

{"title":"Arrangements for Notary Leave in Urgent Circumstances According to the Notary Office Act","authors":"I. Utami, I. M. P. Dharsana, I. N. Sukandia","doi":"10.38142/jpls.v1i1.65","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.65","url":null,"abstract":"Purpose:What is the mechanism for arranging the Notary's leave by the Notary's family in an urgent situation? 2. What are the legal consequences of a Notary's leave in an urgent situation on the performance of the position of a Notary based on the Notary Office Law?Methodology:The method chosen for this research is Notary Concept, Substitute Notary Concept, Supervisory Board Concept, Urgent Concept, and Legal Consequences Concept.Findings:The results of the study show that Article 28 of the Law on the Position of a Notary Public shows a blurring of the norms of urgent criteria and only provides a limited and brief explanation, that is, a husband/wife or a straight line from a Notary can submit a request for leave to the Supervisory Board as stated in Article 27 paragraph ( 2), and an urgent situation there are many thoughts of multiple interpretations giving rise to a lack of legal certainty, there is a need for more detailed guidelines or rules regarding Notary leave in urgent circumstances so that it can be carried out following the policy of the Notary Supervisory Board.Implication:The government needs to pay attention to the causes and effects that occur in the regulations that apply at this time so that requests for leave can be implemented in urgent situations so that legal institutions can carry out their duties according to existing law.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127865277","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 Legitimacy of Authentic Deeds Read by a Notary via Teleconference 公证员通过电话会议宣读真实契约的合法性

Journal of Political And Legal Sovereignty Pub Date : 2023-01-31 DOI: 10.38142/jpls.v1i1.55

I. M. P. Dharsana, I. Sujana, John MADE FERRARI

{"title":"The Legitimacy of Authentic Deeds Read by a Notary via Teleconference","authors":"I. M. P. Dharsana, I. Sujana, John MADE FERRARI","doi":"10.38142/jpls.v1i1.55","DOIUrl":"https://doi.org/10.38142/jpls.v1i1.55","url":null,"abstract":"Purpose:A notary is a public official who must provide services to the community; it is desired to be included in responding to the progress of the times, especially those related to the use of technology through teleconferences. Teleconference is a human association or association that is carried out at a far radius using electronic means.Methodology:The type of research used is normative legal research. The object under study is legal norms, namely related to norms contained in article 16 paragraph (1) letter (m) UUJN-P confirms that a notary must be physically present and sign the deed in the presence of appearers and witnesses. In fact, with technological advances that are very supportive, appearers and witnesses may not be physically present, for example, by holding a teleconference.Findings:The results of this study are that the formality of an authentic deed read by a Notary via teleconference media via video is valid and must have completed parameters related to evidence so that the norm of proof is explained, namely that a proof given at trial is valid as evidence, fulfilling all formal and material aspects.Implication:Regarding the deed that is permitted to use video conferencing media in the form of a general meeting of shareholders (GMS), where the parties are not required to be present at the preparation of the deed, it is enough to be replaced by someone to come to the notary. The signing of the deed in this era of digitalization has yet to have full proof.","PeriodicalId":302506,"journal":{"name":"Journal of Political And Legal Sovereignty","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125870555","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