Melayunesia Law最新文献_第3页

SETTLEMENT OF TRADITIONAL DISPUTES ON DOMESTIC VIOLENCE (KDRT) AT ANDIKO'S TRADITIONS 44 IN KAMPAR RIAU REGENCY 在坎帕廖县andiko 's traditional 44解决传统家庭暴力纠纷

Melayunesia Law Pub Date : 2021-12-30 DOI: 10.30652/ml.v5i2.7839

S. Andrikasmi

引用次数: 0

Omnibus Law Study on Law Changes in Indonesia in the Perspective of Legal Transplant 法律移植视角下印尼法律变迁的综合法学研究

Melayunesia Law Pub Date : 2021-12-30 DOI: 10.30652/ml.v5i2.7803

Endar Muda

{"title":"Omnibus Law Study on Law Changes in Indonesia in the Perspective of Legal Transplant","authors":"Endar Muda","doi":"10.30652/ml.v5i2.7803","DOIUrl":"https://doi.org/10.30652/ml.v5i2.7803","url":null,"abstract":"The idea of Omnibus Law which was initiated by President Joko Widodo was found to be pros and cons from various experts. The model for the formation of laws using the Omnibus Law technique, if examined in the history of Indonesian legislation, has been carried out, although not exactly the same. Indonesia once had Law Number 5 of 1969 concerning statements of various Presidential stipulations and Presidential Regulations as Laws. If you look at its substance, this Law has the characteristics of an Omnibus Law because in one Law it contains statements about the legal status of various legal products that substantially contain different regulatory subjects. This research is classified as a legal research literature review (Juridical Normative), which is related to research to find out whether Omnibus Law can be applied in Indonesia, considering that Indonesia adheres to the Civil Law legal system, while the Omnibus Law is actually applied in countries that adhere to the Anglo Saxon legal system. The researcher found that in general the process of forming legislation with the concept of Omnibus Law is not clearly regulated in Law Number 12 of 2011, but there is not a single article in Law Number 12 of 2011 that forbids the use of the Omnibus Law concept being applied in Indonesia. The concept of Omnibus Law was created as a new legal model (new paradigm) in the laws and regulations in Indonesia, so the Law made with the concept of Omnibus Law will change the legal system, because the concepts and theories are different from the legal norms that have been applies in Indonesia. while the Omnibus Law is actually applied in countries that adhere to the Anglo Saxon legal system. The researcher found that in general the process of forming legislation with the concept of Omnibus Law is not clearly regulated in Law Number 12 of 2011, but there is not a single article in Law Number 12 of 2011 that forbids the use of the Omnibus Law concept being applied in Indonesia.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126387989","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

IMPLEMENTATION OF LEGAL PROTECTION AND EMPOWERMENT FOR FARMERS IN CIBODAS VILLAGE BASED ON LAW NUMBER 19 OF 2013 ON THE PROTECTION AND EMPOWERMENT OF FARMERS 根据2013年关于保护和赋予农民权力的第19号法律，在cibodas村实施对农民的法律保护和赋权

Melayunesia Law Pub Date : 2021-12-30 DOI: 10.30652/ml.v5i2.7838

Galuh Candra Purnamasari, Aulia Hestyara

{"title":"IMPLEMENTATION OF LEGAL PROTECTION AND EMPOWERMENT FOR FARMERS IN CIBODAS VILLAGE BASED ON LAW NUMBER 19 OF 2013 ON THE PROTECTION AND EMPOWERMENT OF FARMERS","authors":"Galuh Candra Purnamasari, Aulia Hestyara","doi":"10.30652/ml.v5i2.7838","DOIUrl":"https://doi.org/10.30652/ml.v5i2.7838","url":null,"abstract":"This study examines two problems. First, the effectiveness of Law Number 19 of 2013 on the Protection and Empowerment of Farmers in providing legal protection and empowerment for farmers. Second, the role of the Cibodas village government as a party that offers legal protection and empowerment to farmers. The breeders in this study focused on dairy farmers. This study used a sociological juridical approach. The data were obtained through field and library data, then analyzed using qualitative methods without applying a systematic model or statistical formulation. This study took the research location in Cibodas Village, Lembang District, West Bandung. The conclusions drawn from this study are; first, there are still obstacles related to the effectiveness of legal protection and empowerment of farmers in Cibodas village seen from legal factors, facilities and infrastructure factors, and cultural factors. Second, the Cibodas Village government's role in providing legal protection and empowerment for breeders remains limited. In contrast, the Animal Husbandry Department of West Java and the Cattle Breeders Cooperative of North Bandung are taking on more responsibilities in presenting legal protection and empowerment for farmers in Cibodas Village.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"323 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131785202","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 SHAREHOLDER’S RIGHT IN OF DISSOLUTION COMPANY BASED ON LAW NUMBER 40 OF 2007 REGARDING LIMITED COMPANIES (CASE STUDY OF THE SUPREME COURT’S DECISION NUMBER 1618 K/PDT/2016) 基于2007年第40号有限公司法的公司解散中股东权利的法律保护(以最高法院第1618 k / pdt /2016号决定为例)

Melayunesia Law Pub Date : 2021-12-30 DOI: 10.30652/ml.v5i2.7835

Tengku Agung Kurniawan

引用次数: 0

Judicial Review Analysis of the General Election Law Number 42 of 2008 and Implications for the 2019 Simultaneous Elections 2008年第42号《总选举法》的司法审查分析及其对2019年同时选举的影响

Melayunesia Law Pub Date : 2021-12-30 DOI: 10.30652/ml.v5i2.7817

Joel Dharma Utama, Indra Perwira, Ali Abdurrahman

{"title":"Judicial Review Analysis of the General Election Law Number 42 of 2008 and Implications for the 2019 Simultaneous Elections","authors":"Joel Dharma Utama, Indra Perwira, Ali Abdurrahman","doi":"10.30652/ml.v5i2.7817","DOIUrl":"https://doi.org/10.30652/ml.v5i2.7817","url":null,"abstract":"The Constitutional Court (MK) is a high state institution in the Indonesian constitutional system that holds judicial power with the Supreme Court according to Law No. 4 of 2003 article 1. It executes independent judicial power for the administration of justice for law enforcement and equity. As stated by the 1945 Constitution, the Constitutional Court has the authority to adjudicate to examine laws toward the Constitution or, in other words, it functions as a guardian of the Constitution. General Elections are held once every five years to elect pairs of candidates for president/vice president and legislative members. Indonesia currently holds elections simultaneously between these two elections in one day, in contrast to the elections in previous years. One thing that catches the public's attention is that the holding of simultaneous elections in 2019 is felt to have not met their expectations. The origin of the simultaneous elections was caused by the number of activists and circles requesting the Constitutional Court to cancel the norm. The presidential and legislative elections were held separately. Then, the Constitutional Court decision Number 14/PUU-XI/2013 affirms that the legislative and presidential elections must be concurrent and interprets the elections held separately as Unconstitutional stated by the 1945 Constitution. Several Constitutional Court considerations were also given in line with various decision aspects, but the expectation of these considerations did not reach an upright and correct general election in 2019. Therefore, the author is interested in writing about the analysis of the Authority of the Constitutional Court in Judicial Review of General Election Implementation Materials and Implications for the 2019 Election.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122281101","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 Analysis of Inhibiting Factors in the Implementation of E-Litigation by the Community in the Legal Framework of the Civil Procedure Court 民事诉讼法院法律框架下共同体实施电子诉讼制约因素的司法分析

Melayunesia Law Pub Date : 2021-12-30 DOI: 10.30652/ml.v5i2.7830

Ayu Putri Rainah Petung Banjaransari

引用次数: 0

OPTIMIZATION OF BHABINKAMTIMAS IN PROBLEM SOLVING EFFORTS BY ADAT LAW IN KABUPATEN PELALAWAN 利用数据法求解问题的优化研究

Melayunesia Law Pub Date : 2021-10-08 DOI: 10.30652/ML.V5I1.7781

Dasrol Dasrol

引用次数: 0

Restorative Justice as a Basis for Stopping Prosecution by Prosecutors in a Human Rights Perspective 从人权角度看，恢复性司法是检察官停止起诉的基础

Melayunesia Law Pub Date : 2021-06-30 DOI: 10.30652/ml.v5i1.7806

Iqbal Risha Ahmadi, Suteki Suteki

{"title":"Restorative Justice as a Basis for Stopping Prosecution by Prosecutors in a Human Rights Perspective","authors":"Iqbal Risha Ahmadi, Suteki Suteki","doi":"10.30652/ml.v5i1.7806","DOIUrl":"https://doi.org/10.30652/ml.v5i1.7806","url":null,"abstract":"The shift in the concept of retributive justice to restorative justice has also been realized and felt by the Prosecutor's Office of the Republic of Indonesia as the institution authorized to prosecute in criminal cases. So far, the concept of retributive justice in criminal law enforcement has not been proven optimally and effectively in tackling and controlling crime. In fact, in practice it often causes injustice that violates human rights. This article is a descriptive study with a normative juridical approach that examines the literature on secondary data sources. The results obtained are, as a manifestation of the active role of the Prosecutor's Office of the Republic of Indonesia in carrying out its duties and authorities, namely law enforcement and respect for human rights, the Attorney General has issued Attorney General Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The implementation of the termination of prosecution is based on the principles that provide protection of human rights, namely the principle of justice, the principle of public interest, the principle of proportionality, the principle of ultimum remedium and the principle of quick, simple and low-cost justice. Of course, this also needs to be supported by a prosecutor with integrity, professional, progressive and not limited by written rules with the ability to explore the laws that live in society by adhering to values that uphold human rights contained in Pancasila and the 1945 Constitution.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125064042","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 Development Of The Crime Of Money Laundering In The Industrial Revolution 4.0 第四次工业革命中洗钱犯罪的发展

Melayunesia Law Pub Date : 2021-06-30 DOI: 10.30652/ml.v5i1.7840

Davit Rahmadan

{"title":"The Development Of The Crime Of Money Laundering In The Industrial Revolution 4.0","authors":"Davit Rahmadan","doi":"10.30652/ml.v5i1.7840","DOIUrl":"https://doi.org/10.30652/ml.v5i1.7840","url":null,"abstract":"The development of globalization and technological advances affect the development of money laundering, which used to be a crime carried out conventionally, now money laundering can be carried out virtually so that it is increasingly difficult to detect and the reach of the national legal umbrella is difficult to investigate in increasingly blurred virtual world jurisdictions. This has become a major issue in the process of implementing Indonesian law against virtual money laundering which has caused huge losses to Indonesia's national financial system. The development of the era in the industrial era 4.0 currently has positive and negative impacts on people's lives. Along with these advances, the world of crime cannot be separated from the impact of the industrial era 4.0, one of which is money laundering which utilizes technological advances and system advances. The purpose of this study is to describe money laundering in the current digital 4.0 era. This research uses normative research methods and uses related legal materials. This study aims to determine the development and regulation of the crime of money laundering in the digital era and its mitigation. The type of research conducted is normative legal research. Money laundering is the process by which a person conceals the existence, illegal source, or illegal use of income, and then disguises that income to make it appear legitimate. One of the modus operandi in money laundering crimes that occur in today's digital era is using Electronic Money (electronic money). This virtual money laundering which is a form of crime of a new dimension with the use of newly developed means. The crime of money laundering has had a negative effect on the economy, such as undermining the integrity of financial markets, resulting in the loss of Government control over its economic policies, and causing economic instability.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126512286","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

Reconceptualization of Money Game Arrangements (Illegal / Bodong Investments) as a Crime Related to Legal Protection Efforts of Investors in Indonesia 重新定义金钱游戏安排(非法/ Bodong投资)作为一种与印度尼西亚投资者的法律保护工作有关的犯罪

Melayunesia Law Pub Date : 2021-06-30 DOI: 10.30652/ml.v5i1.7796

Defani Lisaura Rahmadani

{"title":"Reconceptualization of Money Game Arrangements (Illegal / Bodong Investments) as a Crime Related to Legal Protection Efforts of Investors in Indonesia","authors":"Defani Lisaura Rahmadani","doi":"10.30652/ml.v5i1.7796","DOIUrl":"https://doi.org/10.30652/ml.v5i1.7796","url":null,"abstract":"Money game is an activity of collecting money in the practice of bonuses or commissions taken from the addition or the recruitment of new members, and not from product sales. Even if there is a sale of a product, it is only camouflage. The main problem in this research is how the regulation of money games (investment illegal/ fraud) as a criminal act is associated with legal protection efforts of investors in Indonesia and how the reconceptualization ofregulation money game (investment illegal/ fraud) as a criminal act is associated with legal protection of investors in Indonesia. The research method is a normative legal research that is legal research library (Library Research), The nature of research is descriptive analytical. From the results of the study it can be concluded that the regulation of money games (investment illegal) as a criminal act is associated with legal protection for investors in Indonesia which is not effective in its application, this is because in field practice, law enforcement officials tend to be guided by the Criminal Code in enforcing law enforcement. law against perpetrators. Even though the perpetrator's actions can be charged with legal regulations outside the Criminal Code. And the idea of reconceptualizing money game (investment illegal) as a criminal act is associated with legal protection efforts of investors in Indonesia, which can be seen from the three elements of the legal system, namely thestructure of law, thesubstance of the lawand culture. law (legal culture). No matter how good the arrangement of legal.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123299743","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