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Legal Sociology Approach: A Critical Study on Understanding the Law 法律社会学方法:对法律理解的批判性研究
Pub Date : 2023-04-18 DOI: 10.35586/velrev.v6ispecialissues.4955
Kaharuddin Kaharuddin
The need for legal certainty as progress and change in societal life. This article seeks to provide a description of legal practices in society that emphasizes a legal sociology approach to comprehending the laws, whether they are appropriate, different from or even at odds with the laws in the law book, or unwritten laws that are accepted as legitimate by society. This change has continued since antiquity, modern times, and even this age of civility or globalization.  There are many approaches and methods or approaches that can be used in building justice, including in the sociology of law approach.  Studies related to the method approach have recently experienced a dynamic development along with the needs and demands of the community. Theoretical studies and empirical research seek to answer various problems about the effectiveness of the work of law in the entire institutional structure of law in society. This legal sociology approach expects to describes the state of society complete with interrelated social structures and symptoms. It is used because the normative goal of the law is to have a good balance in society, the process of law is in the society itself, thus it can be said that society is the source of law, and the law cannot be separated from the social environment. It emphasizes the study of the relationship between law thinking and its social base and does not see the law as an esoteric area. The study of legal sociology using various approaches may give a positive contribution in understanding and developing law products and build a guaranteed life in accordance with applicable laws and regulations as well as community compliance with the law.
对法律确定性的需求是社会生活的进步和变化。本文试图提供一种社会法律实践的描述,强调用法律社会学的方法来理解法律,无论它们是合适的,与法律书中的法律不同甚至不一致,还是被社会接受为合法的不成文法。这种变化从古代到现代,甚至在这个文明或全球化的时代都在继续。有许多方法和方法可以用于构建正义,包括法律社会学方法。近年来,随着社会的需要和要求,与方法方法相关的研究经历了一个动态的发展。理论研究和实证研究试图回答有关法律工作在整个社会法律制度结构中的有效性的各种问题。这种法律社会学方法期望描述具有相互关联的社会结构和症状的社会状态。之所以使用它,是因为法律的规范目标是在社会中有一个良好的平衡,法律的过程是在社会本身中,因此可以说社会是法律的本源,法律离不开社会环境。它强调研究法律思维与其社会基础之间的关系,而不是将法律视为一个深奥的领域。运用多种方法对法律社会学进行研究,可以为理解和开发法律产品,建立符合适用法律法规的保障生活和社区守法做出积极贡献。
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引用次数: 0
Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest 《2012年第2号条例关于公共利益开发征地的法律解释》
Pub Date : 2023-04-18 DOI: 10.35586/velrev.v6ispecialissues.5761
N. Nurnaningsih
Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest (Land Acquisition Law) has been a guideline for the government in conducting land acquisition for more or less 10 years. In the Land Acquisition Law, land allotment for development in the public interest does not include mining as a part of development in the public interest This research aims to analyze and understand the Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest. The method of this research is library research as a research in literature or an activity to compile information relevant to topic or object of research and received from books, scientific paper, thesis, dissertation, encyclopedia, internet and other resources. The research shows the result is To ensure the availability of land for public interest by taking into account the balance between the interests of development and the interests of the community.
《2012年第2号关于为公共利益征用土地进行开发的法律》(《土地征用法》)是政府进行土地征用的指导方针,已有大约10年的历史。在《土地征收法》中,公益性开发用地的划拨不包括采矿作为公益性开发的一部分。本研究旨在分析和理解《2012年第2号条例关于公益性开发用地的法律解释》。这种研究的方法是图书馆研究,是一种文献研究或从书籍、科学论文、论文、学位论文、百科全书、互联网和其他资源中收集与研究主题或对象相关的信息的活动。研究结果显示:兼顾发展利益与社会利益之间的平衡,确保有足够的土地供公众使用。
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引用次数: 0
Law in The Era of Digitalization and Covid-19 Pandemic 数字化与新冠疫情时代的法律
Pub Date : 2023-04-18 DOI: 10.35586/velrev.v6ispecialissues.4817
Dara Puspita Riyawan, J. Clarence, M. R. S. Lexmana
Legal developments in Indonesia have an impact on changes in various aspects of the law, such as changes in the form of settlement in the judiciary. Some judicial institutions have indeed implemented a modernization process, but not a few judicial institutions have still used the same litigation method for decades. In the midst of the Covid-19 pandemic, some parts of the justice system experienced an increase in workload, while other parts experienced a decline where there was an increase in requests in the criminal justice sector to consider the repatriation of prisoners in order to reduce the population in prisons. The method used in making the paper entitled "Law in the Era of Digitalization and the Covid-19 Pandemic" is the historical method. This method relies on four activity steps, namely: Data collection (Heuristics), Source criticism (Verification), Interpretation (Interpretation), and Historical Writing (Historyography). The purpose of this journal's research method is to find out the development and application of lawin the digitalization era and after the Covid-19 pandemic. The result of the conclusion of this method is that the Covid-19 pandemic cannot prevent the fairest enforcement of laws. In this digitalization era, remote trials can still be carried out despite the Covid-19 pandemic. In this era of digitalization, it is easier to implement legal processes in Indonesia.
印度尼西亚的法律发展对法律各方面的变化产生了影响,例如司法解决形式的变化。一些司法机构确实实施了现代化进程,但也有不少司法机构几十年来仍在使用同一种诉讼方式。在2019冠状病毒病大流行期间,司法系统的一些部门工作量增加,而刑事司法部门要求考虑遣返囚犯以减少监狱人口的请求增加的其他部门工作量则有所减少。《数字化和新冠肺炎大流行时代的法律》论文采用的是历史方法。这种方法依赖于四个活动步骤,即:数据收集(启发式),来源批评(验证),解释(解释)和历史写作(历史编纂)。本刊的研究方法旨在探索数字化时代和新冠肺炎疫情后法律的发展与应用。该方法得出的结论是,新冠肺炎大流行无法阻止最公平的执法。在这个数字化时代,尽管2019冠状病毒病大流行,仍然可以进行远程试验。在这个数字化时代,在印度尼西亚实施法律程序更容易。
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引用次数: 0
General Meeting of Shareholders Based on Notary Rules and Electronic Evidence 基于公证规则和电子证据的股东大会
Pub Date : 2023-04-18 DOI: 10.35586/velrev.v6ispecialissues.4797
I. E. Joesoef, Surahmad Surahmad, Muhammad Helmi Fahrozi, Andriyanto Adhi Nugroho
The purpose of this study was to analyze an event of the General Meeting of Shareholders (GMS) which was held electronically. The legal status of the minutes of the electronic GMS whether as a legal act, a real act or as a mere fact greatly influences its impact as an authentic deed. This means that a mere fact such as the existence of a piece of land that is flooded, the mental state of a person, cannot be proven by an authentic deed. The results of the legal analysis, the GMS event which was held electronically where the shareholders were not in the same meeting place, but attended based on electronic media, there is still a legal loophole for the shareholders to deny the results of the electronic GMS decision. The research was conducted in a juridical normative manner by reviewing regulations, norms and rules as well as concepts as well as related literature. The conclusion that the electronic GMS event is categorized as a mere fact referring to the Virlijden Rule (made, read and signed by all parties simultaneously at the same time) on the authenticity of the deed, so there is a legal loophole for the meeting participants to deny. The research was conducted using the Virlijden Rule and the Statement of Intention (Wilsverklaring) Rule and also supported by the Deconstruction theory that the interpretation of a text is never single and holds the potential for new and unexpected interpretations. As a legal act from the shareholders for the statement of their will, additional evidence is needed from the shareholders. The meeting participants make separate statements to be submitted electronically to the chairman of the meeting in addition to fingerprints or electronic signatures (e-signature) as regulated in the notary position law.
本研究的目的是分析以电子方式举行的股东大会(GMS)事件。电子GMS记录作为法律行为、真实行为或单纯事实的法律地位,对其作为真实行为的效力有很大影响。这意味着,仅仅是一块土地被洪水淹没的事实,一个人的精神状态,都不能通过一份真实的契约来证明。从法律分析的结果来看,股东不在同一会议地点,而是通过电子媒体参加的电子召开的GMS事件,仍然存在股东否认电子GMS决策结果的法律漏洞。本研究以司法规范的方式进行,通过审查法规,规范和规则以及概念和相关文献。电子GMS事件根据Virlijden规则(各方同时制定、宣读、签署)对契据真实性的认定,被归类为单纯的事实,存在会议参与者否认的法律漏洞。该研究使用了Virlijden规则和意图陈述(Wilsverklaring)规则,并得到了解构主义理论的支持,即对文本的解释从来都不是单一的,并且有可能产生新的和意想不到的解释。作为股东陈述遗嘱的一种法律行为,需要股东提供补充证据。除按公证员职位法规定的指纹或电子签名(e-signature)外,与会者还将单独的声明以电子方式提交给会议主席。
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引用次数: 0
The Development of Procedural Law Through the E-Court System After Pandemic in Indonesia 印尼大流行后电子法院制度对程序法的发展
Pub Date : 2023-04-18 DOI: 10.35586/velrev.v6ispecialissues.4957
Herina Wati, T. Kamello, Marlia Sastro
Technological developments and Covid 19 Pandemic "forced" the Supreme Court (MA) to make breakthrough in procedural law, namely by launching E-Court application, through MA rules Number 3 of 2018 which was exchanged for rules Number 1 of 2019 concerning Case Administration and Trial in E-Courts. E-Court is instrument in court for service of case registration depositing case money to court summons and trial and online delivery of court documents. This study aims to analyze and provide an overview to public of breakthroughs made by the MA for Development of Procedural Law through e-court system. Research method used qualitative research, normative juridical approach. The development of procedural law was initially only intended for registration and examination of civil cases through Supreme Court rules (Perma) No. 3 of 2018 was replaced with Perma No. 1 of 2019 concerning Case Administration and Trial in Electronic Courts. But then e-court is not only for civil cases, it’s also to adjudicate criminal cases with issuance of MA regarding the online criminal trial file Number 4 of 2020. The application for electronic proceedings is an attempt by the Supreme Court to eliminate the obstacles commonly experienced by the judiciary, namely the lack of speed in resolving cases, the difficulty of obtaining data from the court, and the credibility of the integrity of the judiciary, especially judges
技术发展和新冠肺炎疫情“迫使”最高法院在程序法上取得突破,即启动电子法院申请,将2018年最高法院第3号规则替换为2019年关于电子法院案件管理和审判的第1号规则。电子法庭是在法庭上送达案件登记的文书,存放案件款项予法庭传票和审判,以及在网上传送法庭文件。本研究旨在分析并向公众概述电子法院制度在程序法发展方面所取得的突破。研究方法采用定性研究、规范法学方法。程序法的发展最初仅针对民事案件的登记和审查,最高法院2018年第3号规则被2019年《关于电子法院案件管理和审判的第1号规则》所取代。但是,电子法院不仅审理民事案件,还审理刑事案件,并发布了关于2020年网络刑事审判文件4号的MA。申请电子诉讼程序是最高法院试图消除司法机构通常遇到的障碍,即解决案件的速度不够快,从法院获得数据的困难,以及司法机构,特别是法官的诚信的信誉
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引用次数: 0
Digitalization of Evidence in the Constitutional Court: Opportunities and Requisite 宪法法院证据数字化:机遇与必要
Pub Date : 2023-04-17 DOI: 10.35586/velrev.v6ispecialissues.4791
M. Fauzan, Handar Subhandi Bakhtiar
Digitization has spread to people's live, it is also necessary to reform the judiciary for the efficiency and effectiveness of evidence in procedural law. Legalization rather than the use of digitalized evidence is also needed for legal certainty in proceedings. The research method used in this study is a normative legal method with a historical approach and statutory approach. The historical approach is used to analyze the background of constitutional cases in the past and is connected to current conditions related to evidence. A statutory approach is needed to analyze the legality of using digital evidence when taking proceedings at the Constitutional Court. The results of this study are found that the history of constitutional cases that have relevance to the existence of the Constitutional Court is the background for the occurrence of evidence in the institution that guards the constitution. The use of digital evidence has proven necessary to realize the principle of fast, easy and cheap process. In addition, its practical use is only limited to the administrative affairs of the court clerks, not to the evidentiary process in the Procedural Law of the Constitutional Court. So that it is necessary to adapt the court to digitalization to get to the proof stage by carrying out legal formulations in the form of changes to the procedural law of the Constitutional Court which will provide space for evidence in digital form in proceedings at the Constitutional Court.
数字化已经深入到人们的生活中,为了提高程序法证据的效率和有效性,司法改革也是必要的。为了确保诉讼程序中的法律确定性,还需要将数字化证据合法化,而不是使用数字化证据。本研究采用的研究方法是一种规范的法律方法,兼有历史方法和成文法方法。历史方法用于分析过去宪法案件的背景,并与证据相关的当前条件相联系。在宪法法院进行诉讼时,需要从法律角度分析使用数字证据的合法性。研究结果发现,与宪法法院存在相关的宪法案件的历史是宪法保护机构中证据发生的背景。事实证明,使用数字证据是实现快速、简便、廉价原则的必要条件。此外,它的实际使用仅限于法院书记员的行政事务,而不是宪法法院《诉讼法》中的证据程序。因此,有必要通过修改宪法法院诉讼法的形式进行法律制定,使法院适应数字化,从而进入证明阶段,从而为宪法法院诉讼中的数字化证据提供空间。
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引用次数: 0
Implementation of the Prosecution Process in the Criminal Justice System at the Attorney General's Office 在总检察长办公室执行刑事司法系统的起诉程序
Pub Date : 2022-11-14 DOI: 10.35586/velrev.v5i2.4349
Aras Firdaus
The Prosecutor's Office as one of the law enforcement agencies is required to play a greater role in enforcing the law, protecting the public interest, enforcing human rights, and eradicating corruption, collusion and nepotism. The Prosecutor's Office is the only government agency implementing state power that has duties and authorities in the field of prosecution in law enforcement and justice in the general court environment. This study is to determine the criminal justice system in prosecution in Indonesia, how the criminal justice system in the application of prosecution in Indonesia and How is criminal responsibility as a criminal justice system through prosecution by the prosecutor. The research method uses normative juridical. The results of the study show that the prosecution system must be guided by the principles adopted by countries in the world as the basis for prosecuting. These principles are the principle of legality and the principle of opportunity. Prosecutors are carried out by public prosecutors, and public prosecutors are prosecutors who are authorized by this law to carry out prosecutions and carry out judges' decisions. The conclusion of the study is that the Prosecutor's Office of the Republic of Indonesia as part of the judicial power is pure and free from the intervention of political power by including the Prosecutor's Office of the Republic of Indonesia explicitly in the articles in the 1945 Constitution of the Republic of Indonesia or by revising Law No. 16 of 2004 concerning Attorney.. The crime committed by the suspect will be reviewed by the public prosecutor, the public prosecutor has full authority in carrying out the prosecution. Suspected perpetrators of criminal acts will enter the criminal justice system when there is an arrest and then detained and brought to court so that they can be officially prosecuted.Keywords:Prosecutor; criminal justice; attorney
检控署作为执法机关之一,必须在执法、维护公众利益、保障人权、杜绝贪污、串通和裙带关系等方面发挥更大的作用。检察官办公室是行使国家权力的唯一政府机构,在一般法庭环境中,在执法和司法起诉领域负有职责和权力。本研究旨在确定印尼刑事司法制度中的起诉,刑事司法制度中的起诉如何适用于印尼以及刑事责任如何作为刑事司法制度中的检察官通过起诉。研究方法采用规范法学。研究结果表明,起诉制度必须以世界各国采用的作为起诉基础的原则为指导。这些原则是合法性原则和机会原则。检察官由检察官执行,检察官是本法授权进行起诉和执行法官判决的检察官。研究的结论是,印度尼西亚共和国检察官办公室作为司法权的一部分是纯粹的,不受政治权力的干预,通过将印度尼西亚共和国检察官办公室明确纳入1945年印度尼西亚共和国宪法的条款或通过修订2004年关于检察官的第16号法。犯罪嫌疑人所犯的罪行将由检察官审查,检察官有充分的权力进行起诉。犯罪嫌疑人在被逮捕后进入刑事司法系统,然后被拘留并送交法院,以便正式起诉。关键词:检察官;刑事司法;律师
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引用次数: 0
The Integration of Alternative Dispute Resolutions Institutions in the Financial Services Sector with POJK No. 61/POJK.07/2020 《金融服务业替代性争议解决机构的整合》(POJK 61/POJK.07/2020)
Pub Date : 2022-11-11 DOI: 10.35586/velrev.v5i2.4633
M. Aufa, F. Fitriyanti
Financial institutions and consumers/customers have more than a contractual relationship. Financial institutions and consumers build trusting relationships. These 2 financial services businesses are used for financial services dispute resolution. The settlement includes Banking, Insurance, Capital Market, Guarantee, Pension Fund, and Financing and Pawnshops. In 2020, OJK issued POJK No. 61/POJK.07/2020 on Alternative Institutions for Financial Services Sector Disputes. The newest Financial Services Authority Regulation divides dispute resolution into 6 financial services sectors. This time, it's 1 alternative dispute resolution institution for financial services. This study examines the unification principle's applicability. Integration of conflict resolution organizations, authorities, and methods in the financial services industry. Legal normative research is used. This study uses primary and secondary legal sources from laws and books/journals. This study shows that alternative dispute resolution entities in the financial services sector have implemented unification and integration to conflict resolution.
金融机构和消费者/客户之间的关系不仅仅是一种契约关系。金融机构和消费者建立信任关系。这两个金融服务业务用于金融服务纠纷解决。结算业务包括银行、保险、资本市场、担保、养老基金、融资和当铺。2020年,OJK发布POJK第61号/POJK。07/2020关于金融服务部门纠纷的替代制度。最新的金融服务管理局条例将争议解决分为6个金融服务部门。这一次,它是金融服务领域的一个替代性争议解决机构。本研究考察了统一原则的适用性。金融服务行业中冲突解决组织、权威机构和方法的集成。运用法律规范研究。本研究使用来自法律和书籍/期刊的第一手和第二手法律资料。本研究显示,金融服务业替代性争议解决实体在解决冲突时已采取统一与整合的方式。
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引用次数: 0
Legal Certainty on Sanction of Regional Regulation of Bandung City No. 7 of 2018 on Cultural Heritage Management Regarding The Renovation of Cultural Heritage in Bandung City 《关于万隆市文化遗产管理的2018年第7号地区条例关于万隆市文化遗产修复的法律确定性》
Pub Date : 2022-11-11 DOI: 10.35586/velrev.v5i2.4337
Steven Jonathan Winardi, Christin Septina Basani
Historical buildings that spread out all over Bandung City become silent witness of the city’s establishment until the present day. Some of them currently still last in the good shape and well-maintained, while the others fall apart by modernization. It is not infrequently happening that renovation of the old building becoming the new building done without neither license nor regulation. This research aims to analyze and understand the legal sanction related to renovation of historical building as a part of cultural heritage in Indonesia, specifically Bandung City, West Java. The purpose of this research is to engage all elements of society’s concern and involvement in cultural heritage preservation. The method of this research is library research as a research in literature or an activity to compile information relevant to topic or object of research and received from books, scientific paper, thesis, dissertation, encyclopedia, internet and other resources. The research shows the result that the consequence of a construction being established as cultural heritage is maintaining the values of history, culture, knowledge, religion, even architecture. People, especially in Indonesia worry about cultural heritage construction because the citizen minds that the construction cannot be modified, tumbled down or hard to sell.
遍布万隆市的历史建筑成为万隆市建立的无声见证,直到今天。其中一些目前仍然保持良好的形状和良好的维护,而另一些则因现代化而分崩离析。在没有许可证和法规的情况下,将旧建筑改造成新建筑的情况并不罕见。本研究旨在分析和了解印尼,特别是西爪哇万隆市,与作为文化遗产一部分的历史建筑翻新相关的法律制裁。本研究的目的是使社会各方面对文化遗产保护的关注和参与。这种研究的方法是图书馆研究,是一种文献研究或从书籍、科学论文、论文、学位论文、百科全书、互联网和其他资源中收集与研究主题或对象相关的信息的活动。研究表明,一个建筑被确立为文化遗产的结果是维护了历史、文化、知识、宗教甚至建筑的价值。人们,特别是在印度尼西亚,担心文化遗产建设,因为公民认为建筑不能修改,倒塌或难以出售。
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引用次数: 0
Protection of Communal Intellectual Property Rights Through Geographical Indication System 地理标志制度对公共知识产权的保护
Pub Date : 2022-11-11 DOI: 10.35586/velrev.v5i2.4512
Fenny Wulandari
This study aims to protect the original product/goods related to geographical conditions due to natural and/or human factors to be registered for protection through a Geographical Indication system that can be owned by the community communally. The research method used is normative juridical using secondary data. The law can be one of the tools to protect the regime of Geographical Indications by way of registration as regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Article 53 reads: "Geographical Indications are protected after Geographical Indications are registered by the Minister". The main function of law is to protect the interests that exist in society. According to Roscou Pound, there are three interests that must be protected by law, namely: public interest, individual interest and interest of personality. Although most intellectual property rights protect individual property rights and individual interests, geographical indications are one that can be categorized as communal property rights.This study aims to protect the original product/goods related to geographical conditions due to natural and/or human factors to be registered for protection through a Geographical Indication system that can be owned by the community communally. The research method used is normative juridical using secondary data. The law can be one of the tools to protect the regime of Geographical Indications by way of registration as regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Article 53 reads: "Geographical Indications are protected after Geographical Indications are registered by the Minister". The main function of law is to protect the interests that exist in society. According to Roscou Pound, there are three interests that must be protected by law, namely: public interest, individual interest and interest of personality. Although most intellectual property rights protect individual property rights and individual interests, geographical indications are one that can be categorized as communal property rights.  
本研究旨在通过地理标志制度,保护因自然和/或人为因素而与地理条件有关的原始产品/商品,使之为社会共有。使用的研究方法是规范的司法使用二手数据。根据2016年第20号《商标和地理标志法》的规定,该法律可以成为通过注册保护地理标志制度的工具之一。第53条规定:“地理标志在部长注册后受到保护”。法律的主要功能是保护社会中存在的利益。庞德认为,有三种利益必须受到法律的保护,即公共利益、个人利益和人格利益。虽然大多数知识产权保护个人产权和个人利益,但地理标志是一种可以归类为公共产权的知识产权。本研究旨在通过地理标志制度,保护因自然和/或人为因素而与地理条件有关的原始产品/商品,使之为社会共有。使用的研究方法是规范的司法使用二手数据。根据2016年第20号《商标和地理标志法》的规定,该法律可以成为通过注册保护地理标志制度的工具之一。第53条规定:“地理标志在部长注册后受到保护”。法律的主要功能是保护社会中存在的利益。庞德认为,有三种利益必须受到法律的保护,即公共利益、个人利益和人格利益。虽然大多数知识产权保护个人产权和个人利益,但地理标志是一种可以归类为公共产权的知识产权。
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引用次数: 0
期刊
Veteran Law Review
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