Dr. Ellyne Dwi Poespasari, Afga Samudera Erlangga, D. Soelistyowati
{"title":"THE EXISTENCE OF CUSTOMARY INHERITANCE LAW NORM DEVELOPMENT IN JURISPRUDENCE SUPREME COURT","authors":"Dr. Ellyne Dwi Poespasari, Afga Samudera Erlangga, D. Soelistyowati","doi":"10.56943/jlte.v2i2.326","DOIUrl":"https://doi.org/10.56943/jlte.v2i2.326","url":null,"abstract":"Customary inheritance law is affected by three kinship systems, which are patrilineal kinship, matrilineal kinship and parental kinship. These three kinship systems have their own characteristics that are typically traditional ones. Traditional customary inheritance law norms in the patrilineal kinship system explain that only male descendants are heirs in the distribution of their parents' inheritance. Meanwhile, women (daughters and widows) are not heirs of their parents/fathers or husbands. On the other hand, the norms of traditional customary inheritance law in Minangkabau with a matrilineal kinship system, which is from the mother or female line, are basically male descendants and female descendants of their mother's property. The father's property is inherited by his sisters and nieces. The norms of inheritance law in the parental kinship system do not distinguish between the position of sons and daughters. Therefore, both sons and daughters have the same rights in the distribution of inheritance from their parents. The development of customary inheritance law norms can be affected by the decisions of judges or the jurisprudence of the Supreme Court. The research method used normative legal research, which refers to legal norms regulated in laws and regulations, literature, expert opinions in order for the researchers to obtain information related to legal issues. Normative legal research is legal research conducted by examining literature or secondary legal materials as basic material to be researched by conducting searches of regulations, jurisprudence or judges' decisions and literature related to the issues discussed.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127625912","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}
Yeni Vitrianingsih, S. Suhartono, Y. A. Mangesti, Budiarsih
{"title":"MEDICATION ERROR OF EXPIRED DRUGS FOR AMBULATORY PATIENTS","authors":"Yeni Vitrianingsih, S. Suhartono, Y. A. Mangesti, Budiarsih","doi":"10.56943/jlte.v2i2.325","DOIUrl":"https://doi.org/10.56943/jlte.v2i2.325","url":null,"abstract":"Medication errors are commonly found in patient prescriptions. In Article 12 of the Pharmaceutical Law, these cases are only subject to administrative sanctions. It is also stated in the Minister of Health Regulation No. 72/2016 Articles 3 and 12 that the sanctions imposed are only administrative sanctions in accordance with the provisions of laws and regulations. The regulation is quite unclear, and will be clarified in the discussion of this research to identify laws that provide protection for ambulatory patients. The high problem of medication errors in patients indicates that it is required to take real action to prevent these cases to occur which cause detriment to the patient. Therefore, the objective of this research is to determine the factors that cause medication errors in the prescribing and dispensing phases. The research method used in this research is normative research with prospective data collection techniques which both methods can provide an overview and accuracy of data regarding the problem of medication errors on expired medicines. The results indicated that the factors causing medication errors in the prescribing phase and dispensing phase, such as work distractions such as ringing telephones, workload on health workers who are unable to do each job themselves, miscommunication between doctors and pharmacists about the use of drugs for patients, unsupported conditions while working, and education on writing prescriptions that do not comply with the requirements for completeness of prescriptions; the lack of a drug preparation room; and education regarding drug preparation that is not in accordance with prescription requests.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122482809","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 REFORMS IN INDONESIA RELATED TO \"PRESIDENTIAL THRESHOLD\" OF PRESIDENTIAL CANDIDATE IN LAW NO. 7/2017 CONCERNING GENERAL ELECTIONS","authors":"Sidi Ahyar Wiraguna, Z. Fakrulloh","doi":"10.56943/jlte.v2i2.194","DOIUrl":"https://doi.org/10.56943/jlte.v2i2.194","url":null,"abstract":"The election is the manifestation of freedom in choosing the president, vice-president and legislature parliament in a country because the elections has a role as a mechanism for political change regarding the funds patterns for the direction of public policy/or regarding the circulation of the elite periodically and in an orderly manner. Indonesia itself holds the presidential and vice-presidential elections every five years that requires its citizens to vote the potential candidates for becoming the president and vice president for the next 5 years. This research aims to find out the legal reforms related to presidential nomination of presidential threshold based on Law No. 7/2017 concerning the General Elections. This research examines the law concerning presidential elections and presidential threshold based on 1945 Constitution in Indonesia to find out the president election and the obstacles in its implementation. This research indicated that it is possible that public expect more candidate than just two candidates. Then, the public will only vote for presidential candidates from the dominant political party, not the party that suits the community's needs. The result of this research can be concluded that the unnecessary presidential appointments are incompatible with the dignity of Indonesia constitution.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130732505","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 LEGAL FOOTING OF PETOK D AS THE EVIDENCE OF LAND OWNERSHIP AND RIGHTS","authors":"Stefani Margareta, M. Huda","doi":"10.56943/jlte.v2i2.284","DOIUrl":"https://doi.org/10.56943/jlte.v2i2.284","url":null,"abstract":"Land tenure is not only physically owned, but juridical ownership is also required. One of the policies that the government can implement is to provide legal certainty and protection of ownership of land rights as regulated in Government Regulation No. 24/1997 concerning land registration. This research aims to determine the characteristics of evidence on land ownership that can be recognized as a certificate and to find out how judges' ratio decided a certificate as the evidence of ownership. The method used in this research is the juridical-normative research method which is the legal research to examine issues from the norm’s perspective. The approach of this research are statutory, conceptual, and case approaches. Based on the research findings, it can be concluded that the characteristics of ownership of land rights evidence that are recognized as exceeding certificates are the acquisition of land objects based on legal rights, details of land history based on evidence, physical possession of land, evidence of land object tax payments and the existence of witness statements of residents related to physical land tenure; The judge's ratio decidendi overriding the land certificate means that, the Defendant/Plaintiff in the counterclaim can prove the acquisition of land plot objects along with a clear history of the land.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"168 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121249613","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 LAW ENFORCEMENT OF REMOVAL CONTENT'S GAS CANISTER CRIMINAL BASED ON DECISION NUMBER: 322/PID.SUS/2020/PN.MLG","authors":"Gecilla Vanda Wiraputri, Yoyok Ucuk Suyono","doi":"10.56943/jlte.v2i2.286","DOIUrl":"https://doi.org/10.56943/jlte.v2i2.286","url":null,"abstract":"The fulfillment of LPG needs for household needs is by selling LPG at an appropriate price set by the government. Unfortunately, many businesses try to make a profit by transmitting the contents of subsidized LPG to non-subsidized LPG which is then sold to consumers at non-subsidized prices. The objective of this research is to understand and analyze the legal liability and law enforcement of Criminal Removal Content's Gas Canister based on Decision Number 322/Pid.Sus/2020/PN.Mlg. This research is included in normative legal research. The results indicated that Iwan Agus Susanto and Hendik Dwi Susanto can be held criminally liable because they have fulfilled all the elements of criminal liability. Law enforcement of the perpetrators of criminal gas canister removal committed by defendants Iwan Agus Susanto and Hendik Dwi Susanto in the existence of facts, such as the statements of witnesses and the existence of evidence confiscated with the confession of the defendants, then law enforcement concluded that the actions committed by Iwan Agus Susanto and Hendik Dwi Susanto were proven to have violated Article 53 letter d of Law of the Republic of Indonesia No. 22/2001 concerning Oil and Gas jo Article 55 Paragraphs (1) to 1 Criminal Code.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121387989","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}
T. Usanti, Nurwahjuni, Universitas Airlangga Surabaya
{"title":"PRECAUTIONARY PRINCIPLES IN INFORMATION TECHNOLOGY-BASED JOINT FUNDING SERVICES","authors":"T. Usanti, Nurwahjuni, Universitas Airlangga Surabaya","doi":"10.56943/jlte.v2i1.273","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.273","url":null,"abstract":"Easy requirements with a fast process and no collateral required make funding through LPBBTI highly popular among the community. In addition, these activities also provide convenience, speed, and practicality in funding. Unfortunately, there are funding risks involved, such as potential defaults by fund recipients. The funding risk will be borne by the funder and the risk will be even greater if there is no collateral in the funding because the position of the funder is only as a concurrent creditor. The objective of this research is to find out precautionary principles in information technology-based joint funding services. The method used judicial normative research was conducted to understand the legal subject and legal relationship of precautionary principles in information technology-based joint funding services. Therefore, the POJK10/POJK.05/2022 does not explicitly state the precautionary principle as the basis for LPBBTI's business activities. However, it has been realized in the norms contained in POJK10/POJK.05/2022, in the form of norms that require and norms that prohibit. One of them is the obligation to conduct funding risk analysis as a risk mitigation effort. This is intended to ensure that LPBBTI develops optimally, healthily, contributively and that users' needs for optimal protection can be accommodated.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134159249","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":"LAW ENFORCEMENT ON DRUG ABUSE PERPETRATORS COMMITTED BY INDONESIAN POLICEMEN","authors":"Hadi Winarno, Bahrul Amiq, Wahyu Prawesthi","doi":"10.56943/jlte.v2i2.281","DOIUrl":"https://doi.org/10.56943/jlte.v2i2.281","url":null,"abstract":"The regulation concerning drug is regulated on Law No. 35/2009, it is used to ensure its adequacy for the interests of science and health and prevent the drug abusement, and eradicate the illegal distribution of drugs. The cases that engaged Indonesian policemen on drug abusement criminal must have special attention in order to disappear this criminal act. These crimes cannot be considered normal, and law enforcement must be strictly enforced. This research aims to examine and analyze law enforcements on drug abuse perpetrators committed by Indonesian Policemen through law, regulations and court justice. The type of research used juridical-normative to analyze secondary data in the form of legal materials, especially primary legal and secondary legal materials. Based on the research result, when a police commits in a drug abuse offense and has the evidence, he/she may obtain criminal sanctions, such as imprisonment and fines that are determined by the type of drug abuse he/she committed. After obtaining a criminal sanction determined by the general court and has permanent force, the police officer is subject to sanctions for violating the police professional ethics code called dishonorable dismissal (PTDH).","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129501425","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}
Slamet, Subekti, Noenik Soekorini, Universitas Dr. Soetomo, Surabaya
{"title":"LAW ENFORCEMENT ON PERPETRATORS OF FUEL OIL AND GAS COUNTERFEITING IN BANGILAN, TUBAN","authors":"Slamet, Subekti, Noenik Soekorini, Universitas Dr. Soetomo, Surabaya","doi":"10.56943/jlte.v2i1.272","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.272","url":null,"abstract":"The purpose of this research is to analyze the implementation of law enforcement of perpetrators and analyze efforts to overcome perpetrators of criminal acts of counterfeiting fuel oil and gas in Bangilan Village, Bangilan Kecaatan, Tuban. This research is included in sociological juridical research. The legal sociological approach is a science from the development of legal science and can be observed by studying social phenomena that have legal aspects in society. The results of this research indicated that the implementation of law enforcement perpetrators of criminal acts of counterfeiting fuel oil and gas in Bangilan Village, Bangilan District, Tuban, the investigator concluded that the actions committed by the suspect Soniawan prasetio were proven to have violated Article 54 and Article 53 of the Law of the Republic of Indonesia No. 22/2001 concerning Oil and Gas, as amended by Law of the Republic of Indonesia No. 11/2020 concerning Copyright Work. The efforts of the East Java Regional Police in overcoming the criminal act of counterfeiting diesel fuel (BBM) are carried out with countermeasures in the form of pre-emptive efforts, preventive efforts and repressive efforts.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129790394","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":"CRIMINAL LIABILITY OF ONLINE MONEY LENDERS","authors":"Ahmad Ihsan Amri, Dr. Nynda Fatmawati","doi":"10.56943/jlte.v2i1.275","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.275","url":null,"abstract":"Although it is most commonly associated with financial loans, a loan is a kind of liability that can include any kind of tangible asset. Similar to other debt instruments, loans involve the redistribution of financial assets over time between the debtor and the lender. Online loans are financial assistance provided by financial institutions in which the loan application is conducted using an application controlled by the financial institution. The availability of online loans makes the loan application procedure easier, faster, and less complicated. Legal research using juridical normative research methods was conducted to understand the legal issues and legal relationships of criminal liability of online lenders. This research aims to examine the effectiveness of positive law in Indonesia in law enforcement of online money lending criminal cases and examine the actions of online money lending criminal offenders who make threats, especially through cell phones, have clear legal sanctions as an effort to protect online money loan recipients. This criminal liability is in the form of punishment. There are criminal sanctions for companies or individuals including debt collectors as part of fintech lending who commit violations in the form of disclosure of personal data subject to Article 32 juncto (jo) Article 48 of the amendment to the Bill of Act on Electronic Information and Transaction.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129201733","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 LIABILITY OF TAX OFFICIALS FOR THE EXPIRATION OF TAX DEBT BILLING","authors":"Achmad Subagyo, Dr. Moh. Saleh","doi":"10.56943/jlte.v2i1.276","DOIUrl":"https://doi.org/10.56943/jlte.v2i1.276","url":null,"abstract":"Tax receivables are part of the Directorate General of Taxes' revenue sources therefore tax receivables are part of the state's rights that must be realized as an integral part of state revenue. Unable to realize state revenue from tax receivables due to expiration of tax debt collection, the case is considered as a state financial loss. If the expiration of tax debt collection is caused by maladministration by tax officials, it will become the personal responsibility of tax officials. This research uses a normative type of research, which is a research that has been conducted with reference to the legal norms contained in the applicable laws and regulations. This research examines the liability of tax officials for the expiration of tax debt billing. The approach used in this research is a descriptive analysis, by describing the analysis of the regulation regarding the liability of tax officials for the expiration of tax debt billing. The process of collecting tax receivables is limited by the expiration of tax collection, which is 5 (five) years from the date of tax assessment or can be suspended if there are certain actions, one of which is the issuance of a coerce warrant. For tax receivables that have expired collection, Indonesian Audit Board has provided a recommendation in the form of an administrative warning to DJP, which means that Tax Officials have implemented all laws and regulations and procedures for collection actions that have been determined, so that the expiration of collection becomes a Official Liability.","PeriodicalId":393682,"journal":{"name":"Journal Of Law Theory And Law Enforcement","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127415370","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}