Pub Date : 2021-11-29DOI: 10.15294/lesrev.v5i2.49914
Karsudin Karsudin, I. Cahyaningtyas
This study aims to analyze the concept of diversion as an instrument to realize restorative justice, applied in the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19. The research method used in this research is normative juridical using secondary legal data. Based on the results of the research, it is known that the handling of juvenile criminal cases through the concept of diversion based on restorative justice is carried out to guarantee and respect the dignity of the child, carried out in the best interests of the child and by considering justice for the victim. The government, which is represented by The Minister of Law and Human Rights, has made a very responsive policy through the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19.
{"title":"Government Policy on Child Crime Through the Concept of Diversion as a Solution Amid the Spread of Covid-19","authors":"Karsudin Karsudin, I. Cahyaningtyas","doi":"10.15294/lesrev.v5i2.49914","DOIUrl":"https://doi.org/10.15294/lesrev.v5i2.49914","url":null,"abstract":"This study aims to analyze the concept of diversion as an instrument to realize restorative justice, applied in the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19. The research method used in this research is normative juridical using secondary legal data. Based on the results of the research, it is known that the handling of juvenile criminal cases through the concept of diversion based on restorative justice is carried out to guarantee and respect the dignity of the child, carried out in the best interests of the child and by considering justice for the victim. The government, which is represented by The Minister of Law and Human Rights, has made a very responsive policy through the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127254185","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 : 2021-11-29DOI: 10.15294/lesrev.v5i2.50383
Centia Sabrina Nuriskia, Ahmad Yoga Novaliansyah
The purpose of this research is to analyze the requirements of bankruptcy regulations and postponement of debt payment obligations on the increase in bankruptcy filings and delays in debt payment obligations in the middle of the COVID-19 Pandemic. This research uses a normative juridical research method with a statutory approach and a conceptual approach that is supported by primary and secondary legal materials. The results of this research indicate that the increase in filing for bankrBankruptcydelays in paying debt obligations at the Commercial Court is due to unclear rules regarding filing for bankrBankruptcyecially the requirements in filing for bank bankruptcy do not specify the amount of debt that can be filed for bankrBankruptcyre is a need for consideration in making and stipulating bankruptcy arrangements, both in the Draft Civil Procedure Code and the Bankruptcy Law and Suspension of Debt Payment Obligations, especially on issues: the amount of debtor debt, simple evidence, creditors holding guarantees in bankrBankruptcyminal confiscation in bankrBankruptcyker wage rating, bankruptcy estate settlement, and position of the arbitration award in bankruptcy cases.
{"title":"The Urgency of Regulations Revision Related to Filing Bankruptcy and Postponing Debt Payment Obligations Amid the COVID-19 Pandemic","authors":"Centia Sabrina Nuriskia, Ahmad Yoga Novaliansyah","doi":"10.15294/lesrev.v5i2.50383","DOIUrl":"https://doi.org/10.15294/lesrev.v5i2.50383","url":null,"abstract":"The purpose of this research is to analyze the requirements of bankruptcy regulations and postponement of debt payment obligations on the increase in bankruptcy filings and delays in debt payment obligations in the middle of the COVID-19 Pandemic. This research uses a normative juridical research method with a statutory approach and a conceptual approach that is supported by primary and secondary legal materials. The results of this research indicate that the increase in filing for bankrBankruptcydelays in paying debt obligations at the Commercial Court is due to unclear rules regarding filing for bankrBankruptcyecially the requirements in filing for bank bankruptcy do not specify the amount of debt that can be filed for bankrBankruptcyre is a need for consideration in making and stipulating bankruptcy arrangements, both in the Draft Civil Procedure Code and the Bankruptcy Law and Suspension of Debt Payment Obligations, especially on issues: the amount of debtor debt, simple evidence, creditors holding guarantees in bankrBankruptcyminal confiscation in bankrBankruptcyker wage rating, bankruptcy estate settlement, and position of the arbitration award in bankruptcy cases.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"321 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120868469","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 : 2021-11-29DOI: 10.15294/lesrev.v5i2.50385
D. Juniarti
The purpose of this study is to find out and analyze the defendant's rights and the obstacles to their fulfillment through the principle of due process of law. The defendant's rights are contained in Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. It was considered that during the Covid-19 pandemic, the trial was conducted electronically due to the emergence of public social restrictions. This research was conducted using the juridical-normative method by examining library materials and secondary data through a previous study of laws and regulations, books, and research results. The deviations of the fulfillment of the defendant's rights in the electronic trial from those previously contained in the Criminal Procedure Code occur because of the limited scope regulated by Supreme Court Regulation 4/2020 that concerning electronic trials, so it is considered difficult to implement the defendant's rights in practice fully. Non-optimal fulfillment of the defendant's rights indicates that the due process of law principle cannot be applied in electronic trials, so it is necessary to update regulations regarding electronic trials in Indonesia to optimize the to optimize the development of national law that considered the perspective of justice.
{"title":"Fulfillment of Defendant's Rights in PERMA Number 4 of 2020 reviewed from the Principle of Due Process of Law","authors":"D. Juniarti","doi":"10.15294/lesrev.v5i2.50385","DOIUrl":"https://doi.org/10.15294/lesrev.v5i2.50385","url":null,"abstract":"The purpose of this study is to find out and analyze the defendant's rights and the obstacles to their fulfillment through the principle of due process of law. The defendant's rights are contained in Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. It was considered that during the Covid-19 pandemic, the trial was conducted electronically due to the emergence of public social restrictions. This research was conducted using the juridical-normative method by examining library materials and secondary data through a previous study of laws and regulations, books, and research results. The deviations of the fulfillment of the defendant's rights in the electronic trial from those previously contained in the Criminal Procedure Code occur because of the limited scope regulated by Supreme Court Regulation 4/2020 that concerning electronic trials, so it is considered difficult to implement the defendant's rights in practice fully. Non-optimal fulfillment of the defendant's rights indicates that the due process of law principle cannot be applied in electronic trials, so it is necessary to update regulations regarding electronic trials in Indonesia to optimize the to optimize the development of national law that considered the perspective of justice.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133135109","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 : 2021-11-29DOI: 10.15294/lesrev.v5i2.50483
Ahmad Habib Al Fikry, M. R. Afandi, Dian Latifiani
The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation.
{"title":"National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic","authors":"Ahmad Habib Al Fikry, M. R. Afandi, Dian Latifiani","doi":"10.15294/lesrev.v5i2.50483","DOIUrl":"https://doi.org/10.15294/lesrev.v5i2.50483","url":null,"abstract":"The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation. ","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128821623","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 : 2021-11-29DOI: 10.15294/lesrev.v5i2.51710
Rizqi Mulyani Slamet
{"title":"Indonesia in a Pandemic: A Book Review \"Bunga Rampai Covid-19: Tinjauan Dari Aspek Kesehatan, Ekonomi Dan Hukum\"","authors":"Rizqi Mulyani Slamet","doi":"10.15294/lesrev.v5i2.51710","DOIUrl":"https://doi.org/10.15294/lesrev.v5i2.51710","url":null,"abstract":"","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129295077","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 : 2021-05-30DOI: 10.15294/lesrev.v5i1.46286
Januari Nasya Ayu Taduri
Foreign investment or well known as "Foreign Capital Investment" is one of the state's efforts to accelerate the pace of the Indonesian economy. So, it is not surprising that the Indonesian Government continues to carry out juridical reforms related to foreign investment. This renewal cannot be separated from the objective of providing certainty and guaranteeing legal protection for foreign investors, so that they can continue to carry out investment in the territory of the Republic of Indonesia. But the question that arises by the author, are the Indonesian laws and regulations sufficient to provide legal certainty in various aspects of investment, from licensing to dispute resolution? In response to this, this paper aims to further examine the legal certainty and protection of foreign investors in carrying out Foreign Direct Investment. The legal research method used is normative legal research through a statutory approach. In addition, this paper uses secondary legal data sources.
{"title":"The Legal Certainty and Protection of Foreign Investment Againsts Investment Practices in Indonesia","authors":"Januari Nasya Ayu Taduri","doi":"10.15294/lesrev.v5i1.46286","DOIUrl":"https://doi.org/10.15294/lesrev.v5i1.46286","url":null,"abstract":"Foreign investment or well known as \"Foreign Capital Investment\" is one of the state's efforts to accelerate the pace of the Indonesian economy. So, it is not surprising that the Indonesian Government continues to carry out juridical reforms related to foreign investment. This renewal cannot be separated from the objective of providing certainty and guaranteeing legal protection for foreign investors, so that they can continue to carry out investment in the territory of the Republic of Indonesia. But the question that arises by the author, are the Indonesian laws and regulations sufficient to provide legal certainty in various aspects of investment, from licensing to dispute resolution? In response to this, this paper aims to further examine the legal certainty and protection of foreign investors in carrying out Foreign Direct Investment. The legal research method used is normative legal research through a statutory approach. In addition, this paper uses secondary legal data sources.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128985148","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 : 2021-05-30DOI: 10.15294/lesrev.v5i1.46704
Emmanuel Ariananto Waluyo Adi
The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.
{"title":"Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code","authors":"Emmanuel Ariananto Waluyo Adi","doi":"10.15294/lesrev.v5i1.46704","DOIUrl":"https://doi.org/10.15294/lesrev.v5i1.46704","url":null,"abstract":"The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126349672","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 : 2021-05-30DOI: 10.15294/lesrev.v5i1.46288
Shahyb Handyanto, Monita Sri Astuti, Kevin Surya Ajiputra
Islamic bank entities in Indonesia, namely BNI Syariah, BRI Syariah, and Bank Syariah Mandiri have merged to become Bank Syariah Indonesia. The merger process was effective on February 1, 2021. As we know, the three banks are state-owned, which have significant assets and have a reasonably large market in Indonesia. In connection with business competition law which seeks to create a fair business competition situation in Indonesia, every corporate action, including merger activities, must be notified to the Business Competition Supervision Commission (hereinafter as KPPU) to assess whether monopolistic practices or unfair business competition have occurred or not. The notification is an effort to supervise every business actor in order to carry out activities that do not violate business competition and do not harm other parties. This study aims to examine normatively the merger process carried out based on business competition law in Indonesia. The research uses materials from both regulations, legal principles, doctrine, and sources related to the subject matter. The data obtained were then analyzed for further analysis to produce conclusions. The results showed that the merger process between the three Islamic banks in Indonesia did not violate the business competition law because it did not occur in a position monopoly and the absence of monopolistic practices.
{"title":"Indonesia Sharia Bank Merger Process Reviewed from Business Competition Laws","authors":"Shahyb Handyanto, Monita Sri Astuti, Kevin Surya Ajiputra","doi":"10.15294/lesrev.v5i1.46288","DOIUrl":"https://doi.org/10.15294/lesrev.v5i1.46288","url":null,"abstract":"Islamic bank entities in Indonesia, namely BNI Syariah, BRI Syariah, and Bank Syariah Mandiri have merged to become Bank Syariah Indonesia. The merger process was effective on February 1, 2021. As we know, the three banks are state-owned, which have significant assets and have a reasonably large market in Indonesia. In connection with business competition law which seeks to create a fair business competition situation in Indonesia, every corporate action, including merger activities, must be notified to the Business Competition Supervision Commission (hereinafter as KPPU) to assess whether monopolistic practices or unfair business competition have occurred or not. The notification is an effort to supervise every business actor in order to carry out activities that do not violate business competition and do not harm other parties. This study aims to examine normatively the merger process carried out based on business competition law in Indonesia. The research uses materials from both regulations, legal principles, doctrine, and sources related to the subject matter. The data obtained were then analyzed for further analysis to produce conclusions. The results showed that the merger process between the three Islamic banks in Indonesia did not violate the business competition law because it did not occur in a position monopoly and the absence of monopolistic practices.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121501919","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 : 2021-05-30DOI: 10.15294/lesrev.v5i1.42859
Seno A. Wibowo, Massulthan Rafi Wijaya
Dispute settlement through the courts (litigation) is perceived as ineffective and costly. The dispute resolution process through the courts is prolonged and time-consuming due to its very formal and very technical review procedure, high costs of the case, and the likelihood of repeated trials. The number of complaints made against citizens unwilling to deal with the judiciary. The Supreme Court with its authority to address the problems of the courts (litigation), namely by ratifying the 2015 Supreme Court Regulation (Perma) No. 2 concerning the procedures for the settlement of the Small Claims Court, to allow all elements of society to take a new direction of litigation, namely through Small Claims Court a simple, fast and low-cost lawsuit. With this, it hopes that the judicial process in Indonesia will be well underway in the future.
{"title":"Implementation of the Small Claims Court in Dispute Case Settlement in Indonesia","authors":"Seno A. Wibowo, Massulthan Rafi Wijaya","doi":"10.15294/lesrev.v5i1.42859","DOIUrl":"https://doi.org/10.15294/lesrev.v5i1.42859","url":null,"abstract":"Dispute settlement through the courts (litigation) is perceived as ineffective and costly. The dispute resolution process through the courts is prolonged and time-consuming due to its very formal and very technical review procedure, high costs of the case, and the likelihood of repeated trials. The number of complaints made against citizens unwilling to deal with the judiciary. The Supreme Court with its authority to address the problems of the courts (litigation), namely by ratifying the 2015 Supreme Court Regulation (Perma) No. 2 concerning the procedures for the settlement of the Small Claims Court, to allow all elements of society to take a new direction of litigation, namely through Small Claims Court a simple, fast and low-cost lawsuit. With this, it hopes that the judicial process in Indonesia will be well underway in the future.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128366010","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}
Legal Offers In Improving the Effectiveness of Forced Money Determination Efforts and Administrative Sanctions On the warning of a valid verdict that is not carried out by the defendant. The assessment of the formulation of the problem in this study is how the legal culture in Indonesia to the application of Article 116 paragraph (4) of Law No. 51 of 2009 on State Administrative Justice. In this paper the author also provides an understanding of the comparison of the State Administrative Law system (Indonesia) with Verwaltungsgerecht (Germany) in order to realize legal justice for the community. By using paradigms in terms of epistemological and axological aspects. In the implementation has not been found a special authority in overseeing the existence of the State Administrative Decision (KTUN) that has been validly decided by the judge, there are still some cases of defendants who do not carry out the warning of the verdict against the verdict. The defendant must pay forced money or administrative sanctions against it. From these cases, there should be special authority in supervising the KTUN that has been decided by the judge. The author in this paper offers a legal offer to improve the effectiveness in the implementation of the KTUN in improving legal certainty and guarantee of legal protection in the field of State Administrative Justice. The authors of this paper use descriptive doctrinal research methods, descriptive legal research that explains what should be communicated with the law in the review of das sollen and das sein.
{"title":"Legal Offerings Increase the Effectiveness of Determination of Coercive Money and Administrative Sanctions on State Administrative Decisions","authors":"Mutiara Hamdalah, Yudha Chandra Arwana, Asna Yusrina","doi":"10.15294/lesrev.v5i1.46287","DOIUrl":"https://doi.org/10.15294/lesrev.v5i1.46287","url":null,"abstract":"Legal Offers In Improving the Effectiveness of Forced Money Determination Efforts and Administrative Sanctions On the warning of a valid verdict that is not carried out by the defendant. The assessment of the formulation of the problem in this study is how the legal culture in Indonesia to the application of Article 116 paragraph (4) of Law No. 51 of 2009 on State Administrative Justice. In this paper the author also provides an understanding of the comparison of the State Administrative Law system (Indonesia) with Verwaltungsgerecht (Germany) in order to realize legal justice for the community. By using paradigms in terms of epistemological and axological aspects. In the implementation has not been found a special authority in overseeing the existence of the State Administrative Decision (KTUN) that has been validly decided by the judge, there are still some cases of defendants who do not carry out the warning of the verdict against the verdict. The defendant must pay forced money or administrative sanctions against it. From these cases, there should be special authority in supervising the KTUN that has been decided by the judge. The author in this paper offers a legal offer to improve the effectiveness in the implementation of the KTUN in improving legal certainty and guarantee of legal protection in the field of State Administrative Justice. The authors of this paper use descriptive doctrinal research methods, descriptive legal research that explains what should be communicated with the law in the review of das sollen and das sein.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121175358","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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