Indonesia Law Reform Journal最新文献_第3页

Implementation of E-Court in Civil Life Settlement to Realize Simple Principles Quickly and Low Costs (Study in Malang District Court Class 1a) 电子法院在民事纠纷解决中的应用实现原则简单、成本低(以玛琅区法院1a级为例)

Indonesia Law Reform Journal Pub Date : 2022-12-09 DOI: 10.22219/ilrej.v2i3.23264

Ferlyawan Isnanda Nuh, Herwastoeti Herwastoeti, Dwi Ratna Indri Hapsari

{"title":"Implementation of E-Court in Civil Life Settlement to Realize Simple Principles Quickly and Low Costs (Study in Malang District Court Class 1a)","authors":"Ferlyawan Isnanda Nuh, Herwastoeti Herwastoeti, Dwi Ratna Indri Hapsari","doi":"10.22219/ilrej.v2i3.23264","DOIUrl":"https://doi.org/10.22219/ilrej.v2i3.23264","url":null,"abstract":"The development of technology and information in the digital era as it is today is a significant change in human behavior. The digital era as it is today requires all elements of society and institutions to meet the needs of the community related to the development of this era. On the basis of this fulfillment, the Supreme Court has created an e-court application. This research is a type of empirical legal research. Empirical legal research is oriented to primary data (research results in the field). As for the results of this study, the implementation of e-court at the Malang District Court has been implemented in accordance with Perma No.1 of 2019, there are 4 features of e-court services, namely registration, payment, summons, and trial, all of which are held electronically. This is also an effort made by the Supreme Court to modernize the judicial process in Indonesia without eliminating aspects that existed in the previous judicial system, namely maximizing the existing potential with the support of information and communication technology. In line with the suitability of the simple principle of fast and low cost, the number of cases at the Malang District Court that entered via e-court in 2019 to 2021 reached 4,985 cases, namely civil cases that include applications, lawsuits, simple claims, and objections. In 2019 there were fewer cases that went through compared to cases that went through the manual procedure, but over time the e-court became effective, and manual case registration began to be abandoned. The effectiveness of e-courts in the settlement of civil cases at the Malang District Court has been running effectively since 2020, namely the examination and settlement of issues are carried out in an efficient and effective manner, and at a cost that the community can reach.","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125368124","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 Effectiveness of Application Mediation in Reducing Divorce Cases at Jombang Religious Court 申请调解在减少宗邦宗教法院离婚案件中的效果

Indonesia Law Reform Journal Pub Date : 2022-12-07 DOI: 10.22219/ilrej.v2i3.23339

Muhammad Amin Syarifudin, Herwastoeti Herwastoeti, Dwi Ratna Indri Hapsari

{"title":"The Effectiveness of Application Mediation in Reducing Divorce Cases at Jombang Religious Court","authors":"Muhammad Amin Syarifudin, Herwastoeti Herwastoeti, Dwi Ratna Indri Hapsari","doi":"10.22219/ilrej.v2i3.23339","DOIUrl":"https://doi.org/10.22219/ilrej.v2i3.23339","url":null,"abstract":" The reason for the occurrence of divorce at the Jombang Religious Court is due to several factors, but in how many years the pandemic has increased other factors such as a moral crisis, no responsibility, persecution, biological defects, economic problems, and other factors, jealousy, forced marriage, and no household harmony and underage marriage, divorce is a legal way to deal with marital conflicts under the umbrella of Indonesian law and formalized Islamic law, it is hoped that mediation will be the mediating point of all kinds of divorce issues, Mediation is a process of judicial proceedings regulated in PERMA No. 1 of 2016 concerning mediation procedures in court. the implementation of mediation at the Jombang Religious Court has been carried out according to the procedure, but in the last 4 years the Jombang Religious Court has experienced an increase in cases and the number that cannot be mediated is quite a lot due to the absence of the parties even though they have been summoned more than twice but the parties still choose not present so that the case continues and cannot be mediated, while cases that can be mediated are influenced by the peaceful intentions of both parties so that the mediation can be carried out or those who are being mediated choose to come because they demand their rights as in the case of divorce talk is alimony arising from divorce, so the authors found the ineffectiveness of mediation in its implementation which was unsuccessful due to several obstacles in its implementation, namely the strong desire between parties, ignorance of the importance of mediation by the community, the role of advocates. The author also provides a solution to the obstacles to the ineffectiveness of mediation by maximizing the panel of judges, mediation training, the role of the mediator, the role of the government, and evaluating the performance of the mediator.","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131042597","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

Tinjauan Yuridis Sosiologis Pelepasan Hak Atas Tanah Adat Menjadi Sertifikat Hak Milik di Distrik Arso Kabupaten Keerom Provinsi Papua

Indonesia Law Reform Journal Pub Date : 2022-12-06 DOI: 10.22219/ilrej.v2i3.23558

Rama Thimoty Sanjaya, Catur Wido Haruni, Sholahuddin Al-Fatih

{"title":"Tinjauan Yuridis Sosiologis Pelepasan Hak Atas Tanah Adat Menjadi Sertifikat Hak Milik di Distrik Arso Kabupaten Keerom Provinsi Papua","authors":"Rama Thimoty Sanjaya, Catur Wido Haruni, Sholahuddin Al-Fatih","doi":"10.22219/ilrej.v2i3.23558","DOIUrl":"https://doi.org/10.22219/ilrej.v2i3.23558","url":null,"abstract":"Part of the Keerom Regency area is a forest owned by the Keerom Indigenous people, in Articles 1 and 2 of the UUPA. the implementation of ulayat rights and similar rights of indigenous peoples, as long as in reality they still exist, must be so that they are in accordance with the national and state interests. The problem in this study is a sociological juridical review of the release of customary land rights into property rights certificates in Keerom Regency. This study raises the problem studied are, First how to release customary land rights to become property rights certificates. Second, what are the obstacles to releasing customary land rights into title certificates? Third, what are the efforts to overcome the obstacles to the Release of Customary Land Rights into Ownership Certificates in Keerom Regency? The research was conducted using a sociological juridical approach. Sources of data, primary data, secondary data, and tertiary flat. Data collection techniques are observation, interviews, and document studies. Based on the results of research and discussion; First, the transfer of rights carried out by indigenous peoples in Keerom Regency are of several kinds, namely; imnaway twa, Ken Baa, maafowor, Mararap Kambiswap, and Kin tuwri Ngkwaf. Second. obstacles, because customary land is not measured on the boundaries of the customary land. Third, to overcome obstacles, the Regional Government and Regency BPN must be active in conducting socialization with the community regarding the importance of registering land rights to ensure legal certainty. The author's suggestion in this study, the local government, and the customary council in Keerom Regency must make a regulation related to customary land so that customary land has legal clarity regarding land ownership.","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"191 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132588659","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

Penerapan Asas Praduga Tidak Bersalah (Presumption of Innocent) Pelaku Tindak Pidana Pencurian di Tingkat Penyidikan 无罪假设原则的应用在调查水平上

Indonesia Law Reform Journal Pub Date : 2022-12-04 DOI: 10.22219/ilrej.v2i3.22395

Ahmad Faiz Alamsyah, Sidik Sunaryo, Yaris Adhial Fajrin

{"title":"Penerapan Asas Praduga Tidak Bersalah (Presumption of Innocent) Pelaku Tindak Pidana Pencurian di Tingkat Penyidikan","authors":"Ahmad Faiz Alamsyah, Sidik Sunaryo, Yaris Adhial Fajrin","doi":"10.22219/ilrej.v2i3.22395","DOIUrl":"https://doi.org/10.22219/ilrej.v2i3.22395","url":null,"abstract":"The principle of the presumption of innocence is one of the principles regulated in the Criminal Procedure Code (KUHAP). The application of the principle of the presumption of innocence is closely related to the application of rights to individuals, for example to suspects in the crime of theft who are in the process of being investigated. The regulation of these rights is regulated concretely in the Criminal Procedure Code. However, despite this, the application of the principle of the presumption of innocence in this case the application of the rights of the suspect during the arrest and detention process is still not given much attention by police investigators. Therefore, the researcher raised two problem formulations. First, how is the application of every person arrested for committing the crime of theft to be considered innocent until there is an Inkracht Decision at the Pamekasan Police Resort. Second, how is the application of every person who is detained for the crime of theft must be considered innocent until the Inckracht Decision is made by the Pamekasan Resort Police. The research method used is a sociological juridical approach. It can be concluded that in the application of rights in the arrest process, two rights have not been implemented by the Pamekasan Police investigators, namely the suspect's right to ask the investigator to show an arrest warrant (Article 18 paragraph (1) KUHAP) and regarding the right for the family of the arrested suspect to receive a copy of the letter. an immediate arrest order (article 18 paragraph (3) KUHAP). While in the detention process, two rights have not been implemented, namely those related to the suspect's right to give information freely (article 52 KUHAP) and the suspect's right to obtain legal assistance and law enforcers are required to appoint legal counsel (article 54 KUHAP)","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130670754","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

Perlindungan Hak Anak Sebagai Korban Tindak Pidana Persetubuhan dalam Penyelidikan 在调查中侵犯儿童权益的受害者

Indonesia Law Reform Journal Pub Date : 2022-12-03 DOI: 10.22219/ilrej.v2i3.22404

Fachry Ahsany, S. Sunaryo, Yaris Adhial Fajrin

引用次数: 0

Sinkronisasi Pengawasan CSR dalam Hukum Positif Indonesia 同步印尼正法律中的CSR监控

Indonesia Law Reform Journal Pub Date : 2022-12-02 DOI: 10.22219/ilrej.v2i3.23450

Nanda Melinia Safitri, Surya Anoraga, Fitria Esfandiari

{"title":"Sinkronisasi Pengawasan CSR dalam Hukum Positif Indonesia","authors":"Nanda Melinia Safitri, Surya Anoraga, Fitria Esfandiari","doi":"10.22219/ilrej.v2i3.23450","DOIUrl":"https://doi.org/10.22219/ilrej.v2i3.23450","url":null,"abstract":"Since CSR has become an obligation for companies through Law Number 40 of 2007 concerning Limited Liability Companies. However, in its implementation there are still many problems. One of them is the regulation of CSR which has been implicitly regulated in various sectoral laws. So the problem that will be studied in this paper is how to synchronize the supervision of Corporate Social Responsibility (CSR) in the Limited Liability Company Law, Investment Law, Government Regulation No. 47 of 2012, as well as Article 23 and Article 24 of Malang Regency Regulation No. 1 of 2013. The research method used in this paper uses a normative juridical research type, using a statutory approach, a conceptual approach, and a comparative approach. The PT Law and the PM Law have different definitions regarding CSR, although both laws require the implementation of CSR, both have not provided clear regulations regarding the mechanism for monitoring CSR implementation. Then based on the mandate in Article 74 paragraph (4) of the Company Law, PP No. 47 of 2012, the establishment is intended to clarify the implementation of CSR but in fact the articles contained in the PP also do not accommodate the supervision of CSR implementation. Although it is not regulated in the Law and PP, the Malang Regency Regulation clearly regulates the supervision of CSR implementation. In this study, it is concluded that the various regulations are synchronized, namely in terms of implementation accountability, sanctions, and regulations for monitoring the implementation of CSR. Therefore, the government needs to form a separate law that accommodates CSR comprehensively along with the mandate of establishing a CSR supervisory body whose job is to oversee the implementation of CSR, giving executive authority to impose sanctions on those who do not carry out CSR.","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"542 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116596430","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

Implementasi Demokrasi dan Legitimasi Penjabat Kepala Daerah di Indonesia 印度尼西亚区域代理的民主和合法性的实现

Indonesia Law Reform Journal Pub Date : 2022-11-25 DOI: 10.22219/ilrej.v2i3.22202

Abustan Abustan

{"title":"Implementasi Demokrasi dan Legitimasi Penjabat Kepala Daerah di Indonesia","authors":"Abustan Abustan","doi":"10.22219/ilrej.v2i3.22202","DOIUrl":"https://doi.org/10.22219/ilrej.v2i3.22202","url":null,"abstract":"Indonesia is a country based on the rule of law. As a country, the Indonesian state is also an organization of power with a democratic concept that includes an understanding of the fields of politics and government. However, as a legal state, state power must have legitimacy or be regulated by law (constitutional) so that the state government's power is limited by law. The dynamics of local government have recently received a lot of public scrutiny, especially the controversy over the appointment of acting regional heads. Lately, of course, this is not limited to the essence of democracy with the rule of law. This study takes the subject of the implementation of democracy which contains legal truth and provides justice (legal justice). The research aims to find out the aspects that are of public concern in the appointment of acting regional heads. This research is empirical research that uses a sociological juridical approach. The reality of conditions that exist in the regions, in the research conducted found various questions from the community, why the appointment of acting regional heads is only through the appointment of the central government. That is the development of the dynamics of democracy found in the research conducted.","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133862290","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: 5

Tinjauan Yuridis Sosiologis Perlindungan Identitas Anak Korban Kejahatan Seksual 性犯罪儿童身份保护的社会学司法审查

Indonesia Law Reform Journal Pub Date : 2022-11-24 DOI: 10.22219/ilrej.v2i2.22076

Clarysa Dwi Rahmawati, Wasis Suprayitno, Kukuh Dwi Kurniawan

{"title":"Tinjauan Yuridis Sosiologis Perlindungan Identitas Anak Korban Kejahatan Seksual","authors":"Clarysa Dwi Rahmawati, Wasis Suprayitno, Kukuh Dwi Kurniawan","doi":"10.22219/ilrej.v2i2.22076","DOIUrl":"https://doi.org/10.22219/ilrej.v2i2.22076","url":null,"abstract":"Legal protection for children who are victims of sexual crimes is a manifestation of the obligations given by the State specifically. One of these protections is the protection of the confidentiality of the identity of children who are victims of sexual crimes. This embodiment aims to prevent children from negative treatment from any party that can adversely affect their growth and development of children. It has been explained in the provisions of law No. 11 of 2012 concerning the Juvenile Criminal Justice System Articlen19 paragraph (1). However, there are still many identities of children in conflict with the law that are not kept secret in case decisions are published on the Supreme Court Decision Directory Site. Therefore, the researchers raised two problem formulations. First, how to protect the identity of child victims of sexual crimes according to the laws and regulations. Second, how to protect the identity of child victims of sexual crimes according to the Malang District Court Class IA. The research method used a sociological juridical approach to collect literature study materials and interviews. Conclusions and suggestions from writing this final project, namely Article 19 of Law Numbern11 ofn2012 concerning the Criminal Justice System regarding the identity of children who are victims of sexual crimes whose identities are published if there are parties who violate the law that has set them up. Strict sanctions.","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125161275","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

Analisis Yuridis Normatif Praktik Investasi Ilegal Pada Aplikasi Binomo 分析Binomo申请非法投资的规范法律实践

Indonesia Law Reform Journal Pub Date : 2022-11-23 DOI: 10.22219/ilrej.v2i2.22188

Nadila Sandra, K. Komariah, Yohana Puspitasari Wardoyo

{"title":"Analisis Yuridis Normatif Praktik Investasi Ilegal Pada Aplikasi Binomo","authors":"Nadila Sandra, K. Komariah, Yohana Puspitasari Wardoyo","doi":"10.22219/ilrej.v2i2.22188","DOIUrl":"https://doi.org/10.22219/ilrej.v2i2.22188","url":null,"abstract":"Currently, there are many types of investment and trading in Indonesia, one of which is the Binomo application. The public does not know whether the Binomo application is included in the legal or illegal investment category, and the public does not know what happens if a loss occurs. The problems raised by the author are to determine investments based on the perspective of civil law and determine the factors that cause people to be interested in illegal investment applications. The research method uses normative juridical, using library research, among others, researching favorable legal provisions and legal principles, books, or other documents related to the research being researched. Based on the research results, the Binomo application is part of the platform that provides securities transaction services and financial assets that do not have permission from the OJK and Bappeti, and binary options such as Bonomo are gambling. Some factors that make people tempted by this are low literacy, economic difficulties, and the number of people trapped by testimonials from people who have joined first. The public needs awareness regarding literacy that discusses investments from the government, Bappeti, and OJK, which are legal in Indonesia. Clear regulations are needed regarding applications from the Play Store, which should explain the details of the application, both from regulations and the system run by the application.","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133969593","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

Penyidikan Kasus Persetubuhan Terhadap Anak Sebagai Pelaku (Studi di Kepolisian Resort Kota Batu) 对儿童进行性犯罪案件的调查。

Indonesia Law Reform Journal Pub Date : 2022-11-22 DOI: 10.22219/ilrej.v2i2.22376

Raras Verawati, S. Sunaryo, Yaris Adhial Fajrin

{"title":"Penyidikan Kasus Persetubuhan Terhadap Anak Sebagai Pelaku (Studi di Kepolisian Resort Kota Batu)","authors":"Raras Verawati, S. Sunaryo, Yaris Adhial Fajrin","doi":"10.22219/ilrej.v2i2.22376","DOIUrl":"https://doi.org/10.22219/ilrej.v2i2.22376","url":null,"abstract":"Crime of decency cannot be measured by age or characteristics because anyone can do it, including children. Actions that can be categorized as violating decency include intercourse. The crime of sexual intercourse is regulated in the Criminal Code articles 286-288 and regulated in the Child Protection Law Article 81. Sexual intercourse with children at the Batu Police is still some cases. This study aims to determine a series of investigators' actions to find and collect evidence of cases of sexual intercourse with children as perpetrators by the Batu City Police. The research method used is juridical sociology by looking at the law as human behavior in life. Batu City Police research location. From the results of this study, it can be concluded that a series of investigators' actions in investigating cases of sexual intercourse with children as perpetrators at the Batu City Police in general can be said to have not been maximized, there are still obstacles in practice such as (1) the time period from the report to the investigation stage cannot be ascertained, (2) there are obstacles in the examination of victims, some victims are reluctant to provide information, (3) the examination of witnesses becomes an obstacle because the crime of sexual intercourse is carried out in places that are rarely or known to witnesses, (4) examination of child suspects in practice the police have not used the familial method, (5) the arrests made by the investigators of the Batu City Resort Police were judged not to be in accordance with the provisions of the SPPA Law Article 30 paragraph (4) and strengthened by Perkap No. 8 of 2009 Article 21 letter d, (6) in the Bapas examination there was an error in the case file provided by the police and in the collection there were still obstacles, (7) lack of knowledge about the importance of the post-mortem this could have an impact on the results of the investigation.","PeriodicalId":404317,"journal":{"name":"Indonesia Law Reform Journal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124758630","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