Pub Date : 2022-01-31DOI: 10.22219/aclj.v3i1.19894
M. Faizin, Surya Anoraga
This paper aims to talk about legal politics, talking about legal products produced by the authorities, whether they hear the aspirations of the community in the process of their formation or are more concerned with the interests or goals of the rulers themselves. Political influence in the formation of law determines the values contained in the law are values that live in a society which is to achieve the goal of the law itself, namely justice. The purpose of the research that the author examines is to describe the formation of the Jombang Regency Regional Regulation Number 9 of 2017 concerning Responsive or Repressive Micro Administration. Based on the process of its formation, the Regional Regulation of Jombang Regency Number 9 of 2017 already contains the principles for the formation of laws and regulations
{"title":"The Development of Legal Politics in Micro Business Policy of Jombang Regency Government","authors":"M. Faizin, Surya Anoraga","doi":"10.22219/aclj.v3i1.19894","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.19894","url":null,"abstract":"This paper aims to talk about legal politics, talking about legal products produced by the authorities, whether they hear the aspirations of the community in the process of their formation or are more concerned with the interests or goals of the rulers themselves. Political influence in the formation of law determines the values contained in the law are values that live in a society which is to achieve the goal of the law itself, namely justice. The purpose of the research that the author examines is to describe the formation of the Jombang Regency Regional Regulation Number 9 of 2017 concerning Responsive or Repressive Micro Administration. Based on the process of its formation, the Regional Regulation of Jombang Regency Number 9 of 2017 already contains the principles for the formation of laws and regulations","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122207199","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}
Pub Date : 2021-09-30DOI: 10.22219/ACLJ.V2I3.18167
Herwastoeti Herwastoeti
Business Competition Supervisory Commission (henceforth KPPU), a law enforcement body in Indonesia, was established based on Antimonopoly Law. This commission is a quasi-judicial body holding executorial authority over business competition-related cases. The crucial issue is apparent when business people submit petitions to the District Court since, from this point, different approaches and treatments between the KPPU and the District Court are revealed. This weak legal procedure, especially regarding the efforts made for petitions, is often seen as an opportunity by business people to stand against the decisions of the KPPU by submitting petitions to District Court, and several cartel-related cases have been reinforced by Supreme Court. This research employed normative-juridical methods involving secondary data that were further analyzed by emphasizing juridical aspects for the analysis of the qualitative analysis method to present a description, from which a conclusion and recommendations were drawn. With it, decisions of the KPPU would not be labeled weak in law enforcement concerning business competition. Moreover, this approach is intended to deter business people regarding the violations of Law concerning Antimonopoly especially those regarding cartels which not only harm business people, but also the members of public in general.
{"title":"REVOCATION OF BUSINESS COMPETITION SUPERVISORY COMMISSION DECISIONS OVER CARTEL-RELATED CASES IN INDONESIA","authors":"Herwastoeti Herwastoeti","doi":"10.22219/ACLJ.V2I3.18167","DOIUrl":"https://doi.org/10.22219/ACLJ.V2I3.18167","url":null,"abstract":"Business Competition Supervisory Commission (henceforth KPPU), a law enforcement body in Indonesia, was established based on Antimonopoly Law. This commission is a quasi-judicial body holding executorial authority over business competition-related cases. The crucial issue is apparent when business people submit petitions to the District Court since, from this point, different approaches and treatments between the KPPU and the District Court are revealed. This weak legal procedure, especially regarding the efforts made for petitions, is often seen as an opportunity by business people to stand against the decisions of the KPPU by submitting petitions to District Court, and several cartel-related cases have been reinforced by Supreme Court. This research employed normative-juridical methods involving secondary data that were further analyzed by emphasizing juridical aspects for the analysis of the qualitative analysis method to present a description, from which a conclusion and recommendations were drawn. With it, decisions of the KPPU would not be labeled weak in law enforcement concerning business competition. Moreover, this approach is intended to deter business people regarding the violations of Law concerning Antimonopoly especially those regarding cartels which not only harm business people, but also the members of public in general.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130836137","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}
Pub Date : 2021-09-01DOI: 10.22219/ACLJ.V2I3.17329
La Ode Hermanto, Syamsul Bachri, W. A. Siregar
This study aims to determine the implementation of the Kendari City Bawaslu Supervision of Voter Data on the use of voting rights in the 2019 general election and to analyze the enforcement of general election law against the use of other people's voting rights in the 2019 general election. This research method uses empirical normative legal research. . The results of study show that in carrying out its functions and authorities, the Kendari City Bawaslu has not shown optimal performance in the 2019 General Election, as evidenced by; there are still voters who do not meet the requirements are still being recorded, there are still eligible voters who are not registered in the voter list, lower-level technical implementing officers have not shown good work due to understanding of regulations that can change at any time, the professional level of the organizers' work, and the process supervision is not optimal due to limited supervisory personnel. As a recommendation, the Kendari City Bawaslu needs to improve the quality of election management resources so that they can work professionally, accountably, reliably and accurately and with integrity in the next election process.
{"title":"PENEGAKAN HUKUM TINDAK PIDANA PEMILU TERHADAP PENGGUNAAN HAK PILIH ORANG LAIN","authors":"La Ode Hermanto, Syamsul Bachri, W. A. Siregar","doi":"10.22219/ACLJ.V2I3.17329","DOIUrl":"https://doi.org/10.22219/ACLJ.V2I3.17329","url":null,"abstract":"This study aims to determine the implementation of the Kendari City Bawaslu Supervision of Voter Data on the use of voting rights in the 2019 general election and to analyze the enforcement of general election law against the use of other people's voting rights in the 2019 general election. This research method uses empirical normative legal research. . The results of study show that in carrying out its functions and authorities, the Kendari City Bawaslu has not shown optimal performance in the 2019 General Election, as evidenced by; there are still voters who do not meet the requirements are still being recorded, there are still eligible voters who are not registered in the voter list, lower-level technical implementing officers have not shown good work due to understanding of regulations that can change at any time, the professional level of the organizers' work, and the process supervision is not optimal due to limited supervisory personnel. As a recommendation, the Kendari City Bawaslu needs to improve the quality of election management resources so that they can work professionally, accountably, reliably and accurately and with integrity in the next election process.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123227336","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}
Pub Date : 2021-08-16DOI: 10.22219/ACLJ.V2I3.17494
Safrin Salam, Rizki Mustika Suhartono, A. ImronRizki, Mustakim La Dee
The 1945 Constitution does contain the idea of political democracy and at the same time economic democracy. That is, in the highest power holder in our country is the people, both in the political and economic fields. All political and economic resources are controlled by sovereign people. However, in a democratic system built certainly not all of them are directly controlled by the people. The purpose of this research is to formulate the concept of populist economic law based on economic law in Indonesia and to understand the legal comparison between Islamic economic system and conventional economic system in the development of economic law in Indonesia. This research is normative legal research that is conducted by researching and studying the laws and regulations. The research approach used in this study is 2 (two) namely statute approach and conceptual approach. The results showed that the Concept of Economic Law Based on Populist Economy in Indonesia was built through 4 (four) principles of economic law, namely legal justice, legal certainty of benefits and affordable rules so as to realize the main goal of economic law, namely creating economic growth, balanced equality and welfare while the Comparison of Law Between Islamic economic system and conventional economic system in economic law development in Indonesia is Islamic economy based on sharia principles while conventional economy based on human will.
{"title":"CONSTRUCTION OF THE CONCEPT OF BUILDING POPULIST ECONOMIC LAW","authors":"Safrin Salam, Rizki Mustika Suhartono, A. ImronRizki, Mustakim La Dee","doi":"10.22219/ACLJ.V2I3.17494","DOIUrl":"https://doi.org/10.22219/ACLJ.V2I3.17494","url":null,"abstract":"The 1945 Constitution does contain the idea of political democracy and at the same time economic democracy. That is, in the highest power holder in our country is the people, both in the political and economic fields. All political and economic resources are controlled by sovereign people. However, in a democratic system built certainly not all of them are directly controlled by the people. The purpose of this research is to formulate the concept of populist economic law based on economic law in Indonesia and to understand the legal comparison between Islamic economic system and conventional economic system in the development of economic law in Indonesia. This research is normative legal research that is conducted by researching and studying the laws and regulations. The research approach used in this study is 2 (two) namely statute approach and conceptual approach. The results showed that the Concept of Economic Law Based on Populist Economy in Indonesia was built through 4 (four) principles of economic law, namely legal justice, legal certainty of benefits and affordable rules so as to realize the main goal of economic law, namely creating economic growth, balanced equality and welfare while the Comparison of Law Between Islamic economic system and conventional economic system in economic law development in Indonesia is Islamic economy based on sharia principles while conventional economy based on human will.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126867811","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}
Pub Date : 2021-02-17DOI: 10.22219/ACLJ.V2I1.15145
Sholahuddin Al-Fatih
This research aims to discuss the children's violence that occur in Indonesia. This research using legal research, namely research conducted to produce arguments, new theories or concepts as a prescriptive in solving the problems faced. This research found that the number of cases of violence against children in Indonesia is very high and tends to increase from year to year. To overcome this, it is necessary to create a role model house, namely a house that involves 5 elements (parents, family, community, government, local and state governments) in fulfilling children's rights to prevent violence.
{"title":"HOUSE OF ROLE AS AN EFFORT TO PROTECT CHILDREN FROM VIOLENCE: AN INDONESIAN HUMAN RIGHTS PERSPECTIVE","authors":"Sholahuddin Al-Fatih","doi":"10.22219/ACLJ.V2I1.15145","DOIUrl":"https://doi.org/10.22219/ACLJ.V2I1.15145","url":null,"abstract":"This research aims to discuss the children's violence that occur in Indonesia. This research using legal research, namely research conducted to produce arguments, new theories or concepts as a prescriptive in solving the problems faced. This research found that the number of cases of violence against children in Indonesia is very high and tends to increase from year to year. To overcome this, it is necessary to create a role model house, namely a house that involves 5 elements (parents, family, community, government, local and state governments) in fulfilling children's rights to prevent violence.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130772271","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}
Pub Date : 2021-02-17DOI: 10.22219/ACLJ.V2I1.15159
Abdul Khakim
The purpose of this paper analyzes the differences in sanctions regulation for violations of Article 15 and Article 19 of Law No. 24 of 2011 on Social Security Administering Body (Law 24/2011), which is a violation of Article 15 of Law 24/2011 subject to administrative sanctions (based on Article 5 PP 86/2013), while violations of Article 19 paragraph (1) and (2) of Law 24/2011 are subject to criminal sanctions (based on Article 55 of Law 24/2011). This study used normative juridical research methods. The results of this study show that there is a gap in the regulation and application of sanctions between Article 15 and Article 19 of Law 24/2011, whereas substantive violations of both articles are the same, because employers do not register themselves and their workers as participants to the Social Security Administering Body (BPJS). In fact, it aims to avoid the collection and payment of dues of participants who are responsible to BPJS. It should be a violation of Article 15 of Law 24/2011 not subject to administrative sanctions, but criminal sanctions article 55 of Law 24/2011 as well as Article 19 paragraph (1) and (2) Law 24/2011. The problem is constrained by the principle of legality in criminal law and depends on the ‘Courage’ of the judge to make a legal discovery. Conclusions obtained in the study are: (a) open possibility of application of criminal sanctions (ultimum remedium)against violations of Article 15 of Law 24/2011; (b) the occurrence of dissent against the possible application of criminal sanctions for violations of Article 15 of Law 24/2011 due to the separation of sanctions arrangements; (c) Employees of The Manpower Supervisory (PPK) must be observant and committed in law enforcement, especially against violations of Article 15 of Law 24/2011; and (d) on the issue of differences in sanctions it needs a deep understanding and built comprehensive legal construction as well as the need for legal discovery by judges.
{"title":"PROBLEMATIKA PENGATURAN DAN PENERAPAN SANKSI PIDANA ATAS PELANGGARAN PASAL 15 UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL","authors":"Abdul Khakim","doi":"10.22219/ACLJ.V2I1.15159","DOIUrl":"https://doi.org/10.22219/ACLJ.V2I1.15159","url":null,"abstract":"The purpose of this paper analyzes the differences in sanctions regulation for violations of Article 15 and Article 19 of Law No. 24 of 2011 on Social Security Administering Body (Law 24/2011), which is a violation of Article 15 of Law 24/2011 subject to administrative sanctions (based on Article 5 PP 86/2013), while violations of Article 19 paragraph (1) and (2) of Law 24/2011 are subject to criminal sanctions (based on Article 55 of Law 24/2011). This study used normative juridical research methods. The results of this study show that there is a gap in the regulation and application of sanctions between Article 15 and Article 19 of Law 24/2011, whereas substantive violations of both articles are the same, because employers do not register themselves and their workers as participants to the Social Security Administering Body (BPJS). In fact, it aims to avoid the collection and payment of dues of participants who are responsible to BPJS. It should be a violation of Article 15 of Law 24/2011 not subject to administrative sanctions, but criminal sanctions article 55 of Law 24/2011 as well as Article 19 paragraph (1) and (2) Law 24/2011. The problem is constrained by the principle of legality in criminal law and depends on the ‘Courage’ of the judge to make a legal discovery. Conclusions obtained in the study are: (a) open possibility of application of criminal sanctions (ultimum remedium)against violations of Article 15 of Law 24/2011; (b) the occurrence of dissent against the possible application of criminal sanctions for violations of Article 15 of Law 24/2011 due to the separation of sanctions arrangements; (c) Employees of The Manpower Supervisory (PPK) must be observant and committed in law enforcement, especially against violations of Article 15 of Law 24/2011; and (d) on the issue of differences in sanctions it needs a deep understanding and built comprehensive legal construction as well as the need for legal discovery by judges.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123199668","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}
Pub Date : 2021-02-17DOI: 10.22219/ACLJ.V2I1.15173
Alasman Mpesau
The problems in this study is deforestation outside the Annual Work Plan (RKT) on Timber Product Utilization Business License owner (IUPHHK) as acts against forestry administration law based on article 74 Government Role Number 6 of 2007. However, if it is viewed from its effect on the destruction of forest which is done without planning, logging area map, work target in Annual Work Plan (RKT) can destruct the forest. This research is a descriptive analysis which describe the problems in this research, then the analysis is carried out based on the principles of criminal law and forestry legislation. Deforestation acts outside the Annual Work Plan (RKT) on Timber Product Utilization Business License owner (IUPHHK) is forestry criminal law based on Article 50 Chapter (2) of Law Number 41 of 1999 of forestry. It becaused permission of the forest cultivation is in only refers to certain area. Therefore, if it is done outside the mentioned area, it is categorized as illegal logging and it can destruct the forest.
{"title":"STUDI TERHADAP TINDAK PIDANA KEHUTANAN DALAM PENEBANGAN HUTAN DILUAR RENCANA KERJA TAHUNAN PADA PEMILIK IZIN USAHA PEMANFAATAN HASIL HUTAN KAYU","authors":"Alasman Mpesau","doi":"10.22219/ACLJ.V2I1.15173","DOIUrl":"https://doi.org/10.22219/ACLJ.V2I1.15173","url":null,"abstract":"The problems in this study is deforestation outside the Annual Work Plan (RKT) on Timber Product Utilization Business License owner (IUPHHK) as acts against forestry administration law based on article 74 Government Role Number 6 of 2007. However, if it is viewed from its effect on the destruction of forest which is done without planning, logging area map, work target in Annual Work Plan (RKT) can destruct the forest. This research is a descriptive analysis which describe the problems in this research, then the analysis is carried out based on the principles of criminal law and forestry legislation. Deforestation acts outside the Annual Work Plan (RKT) on Timber Product Utilization Business License owner (IUPHHK) is forestry criminal law based on Article 50 Chapter (2) of Law Number 41 of 1999 of forestry. It becaused permission of the forest cultivation is in only refers to certain area. Therefore, if it is done outside the mentioned area, it is categorized as illegal logging and it can destruct the forest.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122243693","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}
Pub Date : 2021-02-17DOI: 10.22219/ACLJ.V2I1.15157
F. Esfandiari, Arsyi Manggali Arya Putra
The implementation of the Regional Head Election (Pilkada) which was held simultaneously on December 9, 2020 in Malang Regency is a step towards realizing democracy directly in the region. In contrast to the implementation of pilkada in previous years, this year's regional elections were held in the midst of the Covid 19 pandemic. With the issuance of PKPU Number 5 of 2020, it was decided to continue. This research raises the problem of how the simultaneous regional elections in Malang Regency are viewed from the principle of prudence and how to project the strengthening of democracy through simultaneous regional elections in Malang Regency. The method used is the descriptive normative method by reviewing literature that is in line with existing problems with statutory regulations as well as statutory approaches and literature. The conclusion from this research is that the stages of the Pilkada implementation which are carried out with the principle of prudence are an effort to limit the spread of the Covid 19 virus. On the other hand, it is also an effort to continue to fulfill the constitutional rights of the people in the regions in the Pilkada. Furthermore, if it is related to the simultaneous regional election scheme in 2027, Malang Regency in its development is able to play a very significant role for democracy in the regions with. The technology and information approach must be seen as an effort to solve democracy in the regions in the pandemic era.
{"title":"IMPLEMENTATION OF CONSISTENT PILKADA IN MALANG DISTRICT FROM PRECAUTIONARY PRINCIPLES","authors":"F. Esfandiari, Arsyi Manggali Arya Putra","doi":"10.22219/ACLJ.V2I1.15157","DOIUrl":"https://doi.org/10.22219/ACLJ.V2I1.15157","url":null,"abstract":"The implementation of the Regional Head Election (Pilkada) which was held simultaneously on December 9, 2020 in Malang Regency is a step towards realizing democracy directly in the region. In contrast to the implementation of pilkada in previous years, this year's regional elections were held in the midst of the Covid 19 pandemic. With the issuance of PKPU Number 5 of 2020, it was decided to continue. This research raises the problem of how the simultaneous regional elections in Malang Regency are viewed from the principle of prudence and how to project the strengthening of democracy through simultaneous regional elections in Malang Regency. The method used is the descriptive normative method by reviewing literature that is in line with existing problems with statutory regulations as well as statutory approaches and literature. The conclusion from this research is that the stages of the Pilkada implementation which are carried out with the principle of prudence are an effort to limit the spread of the Covid 19 virus. On the other hand, it is also an effort to continue to fulfill the constitutional rights of the people in the regions in the Pilkada. Furthermore, if it is related to the simultaneous regional election scheme in 2027, Malang Regency in its development is able to play a very significant role for democracy in the regions with. The technology and information approach must be seen as an effort to solve democracy in the regions in the pandemic era.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114448958","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}
Pub Date : 2021-02-17DOI: 10.22219/ACLJ.V2I1.15473
Sunardi Riono, Haris
This research will discuss about how the application of the principle of legality in Law No. 35 years old. 2009 regarding the regulation of the authority to arrest suspects in criminal acts of abuse and illicit trafficking of narcotics and narcotics precursors by Police Investigators, PPNS and BNN Investigators. This research is based on the type of normative juridical research. The results of the research show that Article 82 paragraph (2) should have originally only been up to the letter "h", plus one point, namely the letter "i" which has the formula: "i. The exercise of the authority to arrest referred to in letter h is carried out in accordance with the provisions of Article 76 of this Law”.
{"title":"ANALISIS YURIDIS IMPLEMENTASI ASAS LEGALITAS DAN EQUALITY BEFORE THE LAW DALAM UNDANG-UNDANG NARKOTIKA","authors":"Sunardi Riono, Haris","doi":"10.22219/ACLJ.V2I1.15473","DOIUrl":"https://doi.org/10.22219/ACLJ.V2I1.15473","url":null,"abstract":"This research will discuss about how the application of the principle of legality in Law No. 35 years old. 2009 regarding the regulation of the authority to arrest suspects in criminal acts of abuse and illicit trafficking of narcotics and narcotics precursors by Police Investigators, PPNS and BNN Investigators. This research is based on the type of normative juridical research. The results of the research show that Article 82 paragraph (2) should have originally only been up to the letter \"h\", plus one point, namely the letter \"i\" which has the formula: \"i. The exercise of the authority to arrest referred to in letter h is carried out in accordance with the provisions of Article 76 of this Law”.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130961636","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}
Pub Date : 2020-12-28DOI: 10.22219/audito.v1i1.12783
Sholahuddin Al-Fatih
This study tries to discuss the formation of parliamentary threshold norms in the perspective of Jurgen Habermas' critical theory. Through historical, conceptual and statutory approaches, this research attempts to examine prescriptively the dynamics of implementing parliamentary thresholds in legislative elections. This research makes the thinking of Jurgen Habermas and the thinkers around him as a benchmark and analysis. The results of this study indicate that the formation of norms and the application of parliamentary thresholds in elections based on the perspective of Jurgen Habermas's critical theory are appropriate because they do not only look at the legal aspect, but from the needs and interpretations based on other sciences. This research is expected to be able to help academics and legal practitioners, especially regarding electoral law, to be able to dig deeper into the perspective of law and its integration with other disciplines, not only from one or two experts, but from several other experts.
{"title":"PEMBENTUKAN NORMA AMBANG BATAS PARLEMEN DALAM PERSPEKTIF TEORI KRITIS JURGEN HABERMAS","authors":"Sholahuddin Al-Fatih","doi":"10.22219/audito.v1i1.12783","DOIUrl":"https://doi.org/10.22219/audito.v1i1.12783","url":null,"abstract":"This study tries to discuss the formation of parliamentary threshold norms in the perspective of Jurgen Habermas' critical theory. Through historical, conceptual and statutory approaches, this research attempts to examine prescriptively the dynamics of implementing parliamentary thresholds in legislative elections. This research makes the thinking of Jurgen Habermas and the thinkers around him as a benchmark and analysis. The results of this study indicate that the formation of norms and the application of parliamentary thresholds in elections based on the perspective of Jurgen Habermas's critical theory are appropriate because they do not only look at the legal aspect, but from the needs and interpretations based on other sciences. This research is expected to be able to help academics and legal practitioners, especially regarding electoral law, to be able to dig deeper into the perspective of law and its integration with other disciplines, not only from one or two experts, but from several other experts.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131412187","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}
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