Pub Date : 2022-07-22DOI: 10.26555/novelty.v13i1.a23606
Mahrus Ali, Irwan Hafid, Kurnia Dewi Anggraeny
Introduction to The Problem: The use of criminal law to limit the freedom of citizen s’ civil rights must be done with caution since it intimately links to the infringement of such rights. Purpose/Objective Study: The present study aims to explore the criteria of criminalization based on the principle of limitations of human rights. Design/Methodology/Approach: This study employed doctrinal legal research using both conceptual and statutory approaches Findings: In the policy formation of illegal acts, the legislator frequently formulates rights constraints. The criminalization criteria specified in the human rights limitation can be used to apply this restriction. Restriction-containing offenses determined by the legislature must be by law, legitimate aim, and necessity in a democratic society. A consistent model of criteria for democratic society demands does not exist. This last criterion is linked to both the proportionality principle in human rights and the concept of criminal law as a last resort.
{"title":"Criminalization Based on the Principle of Human Rights Limitation","authors":"Mahrus Ali, Irwan Hafid, Kurnia Dewi Anggraeny","doi":"10.26555/novelty.v13i1.a23606","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a23606","url":null,"abstract":"Introduction to The Problem: The use of criminal law to limit the freedom of citizen s’ civil rights must be done with caution since it intimately links to the infringement of such rights. Purpose/Objective Study: The present study aims to explore the criteria of criminalization based on the principle of limitations of human rights. Design/Methodology/Approach: This study employed doctrinal legal research using both conceptual and statutory approaches Findings: In the policy formation of illegal acts, the legislator frequently formulates rights constraints. The criminalization criteria specified in the human rights limitation can be used to apply this restriction. Restriction-containing offenses determined by the legislature must be by law, legitimate aim, and necessity in a democratic society. A consistent model of criteria for democratic society demands does not exist. This last criterion is linked to both the proportionality principle in human rights and the concept of criminal law as a last resort.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41466090","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a21505
Muhammad Ridha Haykal Amal, F. Muhammadi
Introduction to The Problem: The use of ta'zīr and ta'wīḍ in dealing with moral hazards in Islamic banking has been legalized through Bank Indonesia Regulation Number 7/46/PBI/2005 and DSN-MUI Fatwa Number 17/DSN-MUI/IX/2000. However, some scholars do not justify these policies because they are contrary to sharia rules. Purpose/Objective: This research aims to reposition ta'zīr and ta'wīḍ in dealing with moral hazard behavior. The repositioning in this context is to look for alternative ways to deal with customer moral hazard behavior. Design/Methodology/Approach: This is qualitative research involving secondary data arranged in an inductive-descriptive manner. It is also associated with a case study to obtain a complete picture of ta'zīr and ta'wīḍ in preventing moral hazards in Islamic banking. The data collected were analyzed through the stages of (1) data collection, (2) data reduction, (3) data display, and (4) conclusion/verification. Findings: Based on the results, the repositioning of ta'zīr and ta'wīḍ is necessary because, presently, its implementation contains elements of usury, which Islam forbids. Therefore, the proposed form enables customers to pay back debt in two or three installments without increasing its value in one payment. This policy enables customers whose late payment is not due to force majeure but an element of intent or bad faith.
{"title":"Reposition of Ta’zir and Ta’wid on Moral Hazard Behavior in Islamic Banking in Indonesia","authors":"Muhammad Ridha Haykal Amal, F. Muhammadi","doi":"10.26555/novelty.v13i1.a21505","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a21505","url":null,"abstract":"Introduction to The Problem: The use of ta'zīr and ta'wīḍ in dealing with moral hazards in Islamic banking has been legalized through Bank Indonesia Regulation Number 7/46/PBI/2005 and DSN-MUI Fatwa Number 17/DSN-MUI/IX/2000. However, some scholars do not justify these policies because they are contrary to sharia rules. Purpose/Objective: This research aims to reposition ta'zīr and ta'wīḍ in dealing with moral hazard behavior. The repositioning in this context is to look for alternative ways to deal with customer moral hazard behavior. Design/Methodology/Approach: This is qualitative research involving secondary data arranged in an inductive-descriptive manner. It is also associated with a case study to obtain a complete picture of ta'zīr and ta'wīḍ in preventing moral hazards in Islamic banking. The data collected were analyzed through the stages of (1) data collection, (2) data reduction, (3) data display, and (4) conclusion/verification. Findings: Based on the results, the repositioning of ta'zīr and ta'wīḍ is necessary because, presently, its implementation contains elements of usury, which Islam forbids. Therefore, the proposed form enables customers to pay back debt in two or three installments without increasing its value in one payment. This policy enables customers whose late payment is not due to force majeure but an element of intent or bad faith.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49050780","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a20316
Arvie Johan, Dito Karisma Prasetyo
Introduction to The Problem: Zakat as a deduction of taxable income has become an issue that has attracted the attention of the public economy. The most obvious thing is that the low realization of zakat collection and tax ratios affect the welfare gap (distribution function) and public services received by the citizens (allocation function). On an extreme scale, non-compliance with zakat and tax may threaten social cohesion and legal authority. Purpose/Objective Study: This study aims to find out how zakat regulation as a deduction of taxable income affects muzaki's behavior to comply or not comply with tax obligations. Design/Methodology/Approach: The research design is empirical legal research with qualitative analysis. The primary source builds on focus group discussions (FGDs). Otherwise, secondary sources are collected through a literature study of primary, secondary, and tertiary legal materials. Findings: Zakat as a deduction of taxable income affects muzaki's behavior to comply with tax obligations. The zakat scheme as a deduction of taxable income greatly influences muzaki's behavior within the level of tax compliance, specifically the level of resistance to tax because the system is considered oppressive, to move up to the level of tax compliance trying to comply but having difficulty understanding tax. This significant change occurs because the Zakat scheme as a deduction of taxable income is able to eliminate the characteristic of “tax is conflicting with zakat” in t he level of tax compliance resistance because the system is considered oppressive.
{"title":"Analysis on the Income Tax Compliance Behavior of Muzaki at Lazismu Sragen","authors":"Arvie Johan, Dito Karisma Prasetyo","doi":"10.26555/novelty.v13i1.a20316","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a20316","url":null,"abstract":"Introduction to The Problem: Zakat as a deduction of taxable income has become an issue that has attracted the attention of the public economy. The most obvious thing is that the low realization of zakat collection and tax ratios affect the welfare gap (distribution function) and public services received by the citizens (allocation function). On an extreme scale, non-compliance with zakat and tax may threaten social cohesion and legal authority. Purpose/Objective Study: This study aims to find out how zakat regulation as a deduction of taxable income affects muzaki's behavior to comply or not comply with tax obligations. Design/Methodology/Approach: The research design is empirical legal research with qualitative analysis. The primary source builds on focus group discussions (FGDs). Otherwise, secondary sources are collected through a literature study of primary, secondary, and tertiary legal materials. Findings: Zakat as a deduction of taxable income affects muzaki's behavior to comply with tax obligations. The zakat scheme as a deduction of taxable income greatly influences muzaki's behavior within the level of tax compliance, specifically the level of resistance to tax because the system is considered oppressive, to move up to the level of tax compliance trying to comply but having difficulty understanding tax. This significant change occurs because the Zakat scheme as a deduction of taxable income is able to eliminate the characteristic of “tax is conflicting with zakat” in t he level of tax compliance resistance because the system is considered oppressive.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68996251","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a23822
Stefan Koos
Introduction to The Problem: Trust towards the legal system and interpersonal trust might lose significance and be increasingly replaced by technical determinacy following the loss of state sovereignty as a result of the deterritorialization of the law in the technical globalized world. The future evolution of artificial intelligence and digitalization may provide instruments to displace law as a social control instrument and at the same time reduce the human factor in the law. Purpose/Objective Study: This paper is describing the connection between the ubiquity of the internet and the rise of disruptive technologies. It asks for the future role of the ethic in the legal system in a technologized society.
{"title":"The Displacement of the Law by Technicity","authors":"Stefan Koos","doi":"10.26555/novelty.v13i1.a23822","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a23822","url":null,"abstract":"Introduction to The Problem: Trust towards the legal system and interpersonal trust might lose significance and be increasingly replaced by technical determinacy following the loss of state sovereignty as a result of the deterritorialization of the law in the technical globalized world. The future evolution of artificial intelligence and digitalization may provide instruments to displace law as a social control instrument and at the same time reduce the human factor in the law. Purpose/Objective Study: This paper is describing the connection between the ubiquity of the internet and the rise of disruptive technologies. It asks for the future role of the ethic in the legal system in a technologized society.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45046564","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a22545
Fithriatus Shalihah
Introduction to The Problem: The constitutional court decision No. 91/PUU-XVIII/2020 stated that the establishment of Law No. 11 of 2020 on Job Creation contradicts the 1945 Constitution and is considered conditional unconstitutional. Thus, within two years of Law No. 11 of 2020, its derivative rules are still enforced until there is an improvement. However, two years is a legal certainty, but it is uncertain in the business and industrial worlds. Purpose/Objective Study: This study aims to find out how the effect of the issuance of the Constitutional Court of the Republic of Indonesia No. 91/PUU-XVIII/2020 on the implementation of Law No. 11 of 2020 on the Employment Cluster and its derivative rules and how alternative efforts in creating harmonious industrial relations on the issue of working relations with Specific Time Work Agreements after the constitutional court decision No. 91/PUU-XVIII/2020. Design/Methodology/Approach: The research method used is doctrinal legal research. Findings: This research resulted in a study that the influence of constitutional court decision No. 91/PUU-XVIII/2020 impacts the uncertainty of legal protection guarantees in the business and the industrial world. Because it takes two years to implement the provisions of Law No. 11 of 2020 in the Employment cluster and its derivative rules, namely Government Regulation No. 35 of 2021, the business and the industrial world cannot implement the provisions without any guarantee of sustainable time, and it will lead to injustice in industrial relations. One alternative to continue creating harmonious industrial relations with Specific Time Work Agreements is to return to local wisdom, prioritizing the principle of consensus deliberation that prioritizes the parties' agreement in working relations including the fulfillment of rights in compensation payments when there is a termination of employment.
{"title":"Industrial Relations with Specific Time Work Agreements after the Decision of the Constitutional Court of the Republic of Indonesia Number 91/PUU-XVIII/2020 in The Perspective of Legal Justice","authors":"Fithriatus Shalihah","doi":"10.26555/novelty.v13i1.a22545","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a22545","url":null,"abstract":"Introduction to The Problem: The constitutional court decision No. 91/PUU-XVIII/2020 stated that the establishment of Law No. 11 of 2020 on Job Creation contradicts the 1945 Constitution and is considered conditional unconstitutional. Thus, within two years of Law No. 11 of 2020, its derivative rules are still enforced until there is an improvement. However, two years is a legal certainty, but it is uncertain in the business and industrial worlds. Purpose/Objective Study: This study aims to find out how the effect of the issuance of the Constitutional Court of the Republic of Indonesia No. 91/PUU-XVIII/2020 on the implementation of Law No. 11 of 2020 on the Employment Cluster and its derivative rules and how alternative efforts in creating harmonious industrial relations on the issue of working relations with Specific Time Work Agreements after the constitutional court decision No. 91/PUU-XVIII/2020. Design/Methodology/Approach: The research method used is doctrinal legal research. Findings: This research resulted in a study that the influence of constitutional court decision No. 91/PUU-XVIII/2020 impacts the uncertainty of legal protection guarantees in the business and the industrial world. Because it takes two years to implement the provisions of Law No. 11 of 2020 in the Employment cluster and its derivative rules, namely Government Regulation No. 35 of 2021, the business and the industrial world cannot implement the provisions without any guarantee of sustainable time, and it will lead to injustice in industrial relations. One alternative to continue creating harmonious industrial relations with Specific Time Work Agreements is to return to local wisdom, prioritizing the principle of consensus deliberation that prioritizes the parties' agreement in working relations including the fulfillment of rights in compensation payments when there is a termination of employment.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42401250","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a19101
Suwinto Johan, A. Ariawan, L. Yuan
Introduction to The Problem : Symmetric information is an essential factor in the capital market. Symmetric information will create an efficient capital market. Insider trading is one of the things that makes asymmetric information. The regulations on the capital market determine the criteria for insider trading. Insider trading is people who have non-public information on the company and earn financial benefits from non-public information. Purpose/Objective Study : This research aims to determine the insider trading criteria on the Indonesian Capital Market Law Number 8 of 1995. Design/Methodology/Approach: This research uses the normative juridical method. The study utilizes several cases that occur in countries as a discussion. Findings : This research concludes that the definition of insider trading consists of stakeholders who have interests and non-public information on public companies. The scope of insider trading is also extended to family members of stakeholders. Stakeholders include management, related companies' employees, officials, suppliers, shareholders, and their family members. The definition of family members is the spouse, children, and parents. The definition of insider trading should be extended to the current regulations. The related individuals must carry out the obligation to report share ownership.
{"title":"Insider Trading: Law of the Republic of Indonesia Number 8 of 1995 on Capital Market from Typewriters to Digital Era","authors":"Suwinto Johan, A. Ariawan, L. Yuan","doi":"10.26555/novelty.v13i1.a19101","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a19101","url":null,"abstract":"Introduction to The Problem : Symmetric information is an essential factor in the capital market. Symmetric information will create an efficient capital market. Insider trading is one of the things that makes asymmetric information. The regulations on the capital market determine the criteria for insider trading. Insider trading is people who have non-public information on the company and earn financial benefits from non-public information. Purpose/Objective Study : This research aims to determine the insider trading criteria on the Indonesian Capital Market Law Number 8 of 1995. Design/Methodology/Approach: This research uses the normative juridical method. The study utilizes several cases that occur in countries as a discussion. Findings : This research concludes that the definition of insider trading consists of stakeholders who have interests and non-public information on public companies. The scope of insider trading is also extended to family members of stakeholders. Stakeholders include management, related companies' employees, officials, suppliers, shareholders, and their family members. The definition of family members is the spouse, children, and parents. The definition of insider trading should be extended to the current regulations. The related individuals must carry out the obligation to report share ownership.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45560979","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a18738
Ni Putu Rai Yuliartini, Ida Bagus Wyasa Putra, Gede Marhaendra Wija Atmaja, Dewa Gede Sudika Mangku
{"title":"Legal Protection for Women and Children as Victims of Human Trafficking in Indonesia","authors":"Ni Putu Rai Yuliartini, Ida Bagus Wyasa Putra, Gede Marhaendra Wija Atmaja, Dewa Gede Sudika Mangku","doi":"10.26555/novelty.v13i1.a18738","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a18738","url":null,"abstract":"","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42211248","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a19741
Fatimah Nuraini, N. Nasrullah, Abd Hamid Bin Abd Murad
Introduction to The Problem: In early 2019, the total data on Building Permits for Boarding Houses in Yogyakarta City reached more than 700 houses, and the local tax revenue for the category Boarding House did not reach 40 homes yearly. The urgency of enforcement of the boarding house tax regulation is relevant to increasing tax compliance rates and local revenue from boarding houses. Objective Study: This study examines the enforcement of the Regional Regulation of Number 1 of 2011 on Local Tax and the obstacles to its implementation using the law system components, the law enforcement factors and the law enforcement elements. Methodology: The data used are primary data and secondary data through a regulatory approach. Data collection uses a structured interview process by interviewing five interviewees who handled the enforcement of boarding house tax rules. Findings: The service quality of tax authority factor, law enforcement officers’ factor, and tax sanctions factor have adjusted the public needs (as a legal benefit) and legal certainty while does not provide justice to the community. Implications of the study for tax policy of the Boarding House category are the imposition of criminal sanctions and administrative sanctions against non-compliance boarding house taxpayers, the coordination between tax authorities and law enforcers to enforce boarding house tax rules, and the development of boarding house tax regulations relating to the tax sanctions theory. The urgencies of this legal research are to analyze the enforcement of the Regional Regulation of Yogyakarta City Number 1 of 2011 concerning Local Tax on boarding houses by the Local Government of Yogyakarta City and to analyze the obstacles to the enforcement of the regulation for increasing local revenue through boarding house tax. The contribution of this legal research would give suggestions for the Yogyakarta City Government on tax policy that the enhancement of local revenue could be obtained through the law enforcement of Regional Regulation of Yogyakarta City Number 1 of 2011 concerning Local Tax on boarding house tax.
{"title":"The Challenge of Local Revenue Enhancement through Boarding House Taxation Policy in Yogyakarta City","authors":"Fatimah Nuraini, N. Nasrullah, Abd Hamid Bin Abd Murad","doi":"10.26555/novelty.v13i1.a19741","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a19741","url":null,"abstract":"Introduction to The Problem: In early 2019, the total data on Building Permits for Boarding Houses in Yogyakarta City reached more than 700 houses, and the local tax revenue for the category Boarding House did not reach 40 homes yearly. The urgency of enforcement of the boarding house tax regulation is relevant to increasing tax compliance rates and local revenue from boarding houses. Objective Study: This study examines the enforcement of the Regional Regulation of Number 1 of 2011 on Local Tax and the obstacles to its implementation using the law system components, the law enforcement factors and the law enforcement elements. Methodology: The data used are primary data and secondary data through a regulatory approach. Data collection uses a structured interview process by interviewing five interviewees who handled the enforcement of boarding house tax rules. Findings: The service quality of tax authority factor, law enforcement officers’ factor, and tax sanctions factor have adjusted the public needs (as a legal benefit) and legal certainty while does not provide justice to the community. Implications of the study for tax policy of the Boarding House category are the imposition of criminal sanctions and administrative sanctions against non-compliance boarding house taxpayers, the coordination between tax authorities and law enforcers to enforce boarding house tax rules, and the development of boarding house tax regulations relating to the tax sanctions theory. The urgencies of this legal research are to analyze the enforcement of the Regional Regulation of Yogyakarta City Number 1 of 2011 concerning Local Tax on boarding houses by the Local Government of Yogyakarta City and to analyze the obstacles to the enforcement of the regulation for increasing local revenue through boarding house tax. The contribution of this legal research would give suggestions for the Yogyakarta City Government on tax policy that the enhancement of local revenue could be obtained through the law enforcement of Regional Regulation of Yogyakarta City Number 1 of 2011 concerning Local Tax on boarding house tax.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44935388","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}
Introduction to the Problem: The length of the criminal sencenting can create an intention in prisoners to stop using drugs. Psychologically, the intention is seen from how strong a person's desire to display behavior and how much effort is planned or will be made to display behavior. Objective: This study intends to determine the relationship between the length of the sentence and the intention to stop using drugs in Class I prisons of Bandar Lampung. The variables in this study were the length of the sentence and the intention to stop using drugs. The research samples in this study were the drug convicts in Class I Correctional Facility of Bandar Lampung, Methodology: Data collection method uses quantitative and combines with the qualitative method. The data analysis method of descriptive quantitative uses Linkert Scale approach accumulated with the Pearson Product Moment correlation technique by using the Statistical Packages for Social Sciences 20 application program. Data analysis method of qualitative descriptive uses empirical normative approach. Findings: The result in this study is that there is no relationship between the length of the sentence and the intention to stop using drugs in the Class I Correctional Facility in Bandar Lampung. Based on the correlation test results, the r value was -0.088 with significance = 0.381 where (p> 0.05). The data shows the relationship between the length of the sentence and the intention to stop using drugs in the Class I Correctional Facility in Bandar Lampung is not proven. It means that there are other aspects that more influencing the intention of drug use. Additionally, the effectiveness of imprisonment for drug users in the Class I prison in Bandar Lampung has not run optimally, namely supporting facilities and facilities such as overcapacity for prisoners and prisoners. Paper Type: Research Article
{"title":"The Correlation Between the Criminal Sentence Period and the Intention of Prisoners to Stop Using Drugs in Class I Correctional Facility of Bandar Lampung","authors":"Aditia Arief Firmanto, Prida Harkina, Vira Sandayanti","doi":"10.26555/NOVELTY.V12I2.A18927","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I2.A18927","url":null,"abstract":"Introduction to the Problem: The length of the criminal sencenting can create an intention in prisoners to stop using drugs. Psychologically, the intention is seen from how strong a person's desire to display behavior and how much effort is planned or will be made to display behavior. Objective: This study intends to determine the relationship between the length of the sentence and the intention to stop using drugs in Class I prisons of Bandar Lampung. The variables in this study were the length of the sentence and the intention to stop using drugs. The research samples in this study were the drug convicts in Class I Correctional Facility of Bandar Lampung, Methodology: Data collection method uses quantitative and combines with the qualitative method. The data analysis method of descriptive quantitative uses Linkert Scale approach accumulated with the Pearson Product Moment correlation technique by using the Statistical Packages for Social Sciences 20 application program. Data analysis method of qualitative descriptive uses empirical normative approach. Findings: The result in this study is that there is no relationship between the length of the sentence and the intention to stop using drugs in the Class I Correctional Facility in Bandar Lampung. Based on the correlation test results, the r value was -0.088 with significance = 0.381 where (p> 0.05). The data shows the relationship between the length of the sentence and the intention to stop using drugs in the Class I Correctional Facility in Bandar Lampung is not proven. It means that there are other aspects that more influencing the intention of drug use. Additionally, the effectiveness of imprisonment for drug users in the Class I prison in Bandar Lampung has not run optimally, namely supporting facilities and facilities such as overcapacity for prisoners and prisoners. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47297441","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 : 2021-10-05DOI: 10.26555/NOVELTY.V12I2.A18604
Yuda Anrova, Eman Suparman, Hazar Kusmayanti
Introduction to The Problem: Evidence is a process carried out by the parties in resolving disputes to prove the arguments presented before the judge who decides the legal dispute so that the judge can decide as fairly as possible. Evidence under the civil procedure law is regulated in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018 discusses documentary evidence in the form of an agreement to transfer and transfer land rights and states that the deed has no legal force. Purpose/Objective Study: The purpose of the study was to determine the legal considerations for the strength of authentic deed evidence in the Supreme Court Decision number 3591K/Pdt/2018, connected with civil procedural law. The research method used is a normative juridical approach to the research specification in descriptive-analytical analysis and qualitative normative. Design/Methodology/Approach: The method used in this research is normative juridical research which focuses on the applicable legal provisions. Findings: The research results that the authentic deed submitted by the Defendants in the Reconvention as evidence has external and formal evidentiary power. However, authentic deeds that are perfect and binding do not have a coercive or decisive character. Authentic deed evidence can be invalidated if there is evidence of the opponent which can prove otherwise. Based on the decision of the Supreme Court number 3591K/Pdt/2018, the Notarial Deed of the Transfer of Land Rights Agreement has no legal force because land rights have been transferred and building use rights are attached. Paper Type: Research Article
{"title":"Proof Power of Authentic Deed Transfer of Land Rights in Legal Perspective of Civil Procedures","authors":"Yuda Anrova, Eman Suparman, Hazar Kusmayanti","doi":"10.26555/NOVELTY.V12I2.A18604","DOIUrl":"https://doi.org/10.26555/NOVELTY.V12I2.A18604","url":null,"abstract":"Introduction to The Problem: Evidence is a process carried out by the parties in resolving disputes to prove the arguments presented before the judge who decides the legal dispute so that the judge can decide as fairly as possible. Evidence under the civil procedure law is regulated in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018 discusses documentary evidence in the form of an agreement to transfer and transfer land rights and states that the deed has no legal force. Purpose/Objective Study: The purpose of the study was to determine the legal considerations for the strength of authentic deed evidence in the Supreme Court Decision number 3591K/Pdt/2018, connected with civil procedural law. The research method used is a normative juridical approach to the research specification in descriptive-analytical analysis and qualitative normative. Design/Methodology/Approach: The method used in this research is normative juridical research which focuses on the applicable legal provisions. Findings: The research results that the authentic deed submitted by the Defendants in the Reconvention as evidence has external and formal evidentiary power. However, authentic deeds that are perfect and binding do not have a coercive or decisive character. Authentic deed evidence can be invalidated if there is evidence of the opponent which can prove otherwise. Based on the decision of the Supreme Court number 3591K/Pdt/2018, the Notarial Deed of the Transfer of Land Rights Agreement has no legal force because land rights have been transferred and building use rights are attached. Paper Type: Research Article","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47083049","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}