One of the important points of criminal law reform in the Criminal Code is the regulatory provision regarding living law. The Criminal Code authentically determines that living law is customary criminal law, which is declared valid and further regulated through Local Regulations. The absence of limitations related to customary criminal law standards that can be qualified as a living law has the potential to cause injustice. This study aims to analyze the urgency and the formulation of limitations on living law arrangements in the Criminal Code in realizing justice. The results of the study show that the urgency regarding limitations on living law arrangements in the Criminal Code is meant to protect human rights while at the same time preventing potential criminalization. The formulation of limitations of the living law arrangements in the Criminal Code is to realize justice. Therefore, the limitations of customary criminal law can be categorized as a living law according to the Criminal Code, that are: indigenous people still practice the law; these customary crimes do not conflict with the principles of the rule of law; they do not conflict with Pancasila values; and the crimes are further formulated by local regulations.
{"title":"The Limitations of Living Law in Indonesian Criminal Law Reform: An Effort to Realize Justice","authors":"Yenny Febrianty, Ade Sathya Sanathana Ishwara, Bintara Sura Priambada, Hikam Hulwanullah","doi":"10.29303/ius.v11i2.1232","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1232","url":null,"abstract":"One of the important points of criminal law reform in the Criminal Code is the regulatory provision regarding living law. The Criminal Code authentically determines that living law is customary criminal law, which is declared valid and further regulated through Local Regulations. The absence of limitations related to customary criminal law standards that can be qualified as a living law has the potential to cause injustice. This study aims to analyze the urgency and the formulation of limitations on living law arrangements in the Criminal Code in realizing justice. The results of the study show that the urgency regarding limitations on living law arrangements in the Criminal Code is meant to protect human rights while at the same time preventing potential criminalization. The formulation of limitations of the living law arrangements in the Criminal Code is to realize justice. Therefore, the limitations of customary criminal law can be categorized as a living law according to the Criminal Code, that are: indigenous people still practice the law; these customary crimes do not conflict with the principles of the rule of law; they do not conflict with Pancasila values; and the crimes are further formulated by local regulations.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135607738","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}
Muhammad Akbar, None Maisa, Mohamad Didi Permana, Hazmi Rusli
The absence of special arrangements regarding customary law has the potential to cause inferiority in the position of customary law compared to the substance of national law in customary disputes relating to natural resources. This study seeks to analyze and formulate the idea of resolving customary disputes over the management of natural resources in a progressive legal perspective to achieve justice. The results of the study confirmed that the problems of customary disputes related to the management of natural resources, especially those that occurred in the territories of indigenous peoples, made the position of customary law weaker compared to national law. This happens because regulations regarding indigenous peoples have not been ratified. Legal efforts to settle natural resource customary disputes to achieve justice in a progressive legal perspective need to be regulated through the establishment of a Perppu (Government Regulation in Lieu of Law) to facilitate the position of customary law in resolving customary disputes in the field of natural resource management. In the Perppu, it is hoped that there will be confirmation regarding the enactment of the conception of legal pluralism so that customary law has an equal position with national law in customary disputes over natural resource management.
{"title":"The Progressive Legal Perspective of Legal Justice in Customary Dispute Resolution Related to Natural Resources","authors":"Muhammad Akbar, None Maisa, Mohamad Didi Permana, Hazmi Rusli","doi":"10.29303/ius.v11i2.1252","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1252","url":null,"abstract":"The absence of special arrangements regarding customary law has the potential to cause inferiority in the position of customary law compared to the substance of national law in customary disputes relating to natural resources. This study seeks to analyze and formulate the idea of resolving customary disputes over the management of natural resources in a progressive legal perspective to achieve justice. The results of the study confirmed that the problems of customary disputes related to the management of natural resources, especially those that occurred in the territories of indigenous peoples, made the position of customary law weaker compared to national law. This happens because regulations regarding indigenous peoples have not been ratified. Legal efforts to settle natural resource customary disputes to achieve justice in a progressive legal perspective need to be regulated through the establishment of a Perppu (Government Regulation in Lieu of Law) to facilitate the position of customary law in resolving customary disputes in the field of natural resource management. In the Perppu, it is hoped that there will be confirmation regarding the enactment of the conception of legal pluralism so that customary law has an equal position with national law in customary disputes over natural resource management.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135607739","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}
Malpractice in medical practice is a common thing that occurs because the unprofessionalism and negligence of medical personnel and . In practice, medical malpractice is resolved through a convoluted criminal justice system that does not reflect a substantive justice orientation. This study aims to formulate the idea of applying plea bargaining in the settlement of criminal acts related to medical malpractice in order to realize substantive justice. The results of the study confirm that the settlement of criminal acts related to medical malpractice does not reflect substantive justice and is not oriented toward efforts to provide compensation for victims. Therefore, in the future, efforts are needed to apply the concept of a plea bargain in the settlement of criminal acts related to medical malpractice in order to ensure substantive justice for victims of medical malpractice.
{"title":"The Plea Bargain Concept Related to Medical Malpractice Crimes to Realize Substantive Justice: An Idea for the Future","authors":"I Made Wirya Darma, Mahamadaree Waeno","doi":"10.29303/ius.v11i2.1245","DOIUrl":"https://doi.org/10.29303/ius.v11i2.1245","url":null,"abstract":"Malpractice in medical practice is a common thing that occurs because the unprofessionalism and negligence of medical personnel and . In practice, medical malpractice is resolved through a convoluted criminal justice system that does not reflect a substantive justice orientation. This study aims to formulate the idea of applying plea bargaining in the settlement of criminal acts related to medical malpractice in order to realize substantive justice. The results of the study confirm that the settlement of criminal acts related to medical malpractice does not reflect substantive justice and is not oriented toward efforts to provide compensation for victims. Therefore, in the future, efforts are needed to apply the concept of a plea bargain in the settlement of criminal acts related to medical malpractice in order to ensure substantive justice for victims of medical malpractice.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135607737","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}
This study aims to know the implementation of competency development for Civil Servants (PNS) in West Sumatra. As an element of the state apparatus, civil servants have the right to participate in the development so that their competence in providing public services can possibly be carried out in a professional and qualified manner. The results of this study are expected to contribute to local government policies in managing the ASN. Based on Article 70 of Law Number 5 of 2014 concerning State Civil Apparatus (UU ASN) which states that every ASN employee has the right and opportunity to develop their competency, each Government Agency is required to prepare an annual competency development plan that is included in the annual work plan of the respective agency's budget. This can have an impact on the competence of less effective personnel, causing their responsibilities to be carried out inefficiently and negatively impacting the quality of public services. The issues in this study: 1. How is the management of civil servants in West Sumatra Province? 2. How is the competency development of civil servants in West Sumatra Province implemented? The research method used is a sociological juridical (empirical) approach. This research is descriptive and analytical. The data are collected through interviews and document studies. This research aligns with the strategic research plan set by Andalas University for 2020 – 2024, which is focused on the issue of political and social law. The results of the study show that the management of PNS in West Sumatra Province has not been based on a comparison of the competencies and qualifications required by positions with the competencies and qualifications held by the PNS, owing to the merit system’s ineffective implementation in PNS management. Implementation of PNS Competency Development in West Sumatra Province, from the data obtained, only 1,168 out of 18,614 civil servants in West Sumatra Province participated in PNS competency development, and the annual competency development plan document was not prepared, this shows that it is still not optimal and the implementation is not yet appropriate between civil servant competency development and applicable regulations.
{"title":"The Implementation of Competency Development of State Civil Apparatus in The Framework of Fulfilling The Rights of Civil Servants In West Sumatra Province","authors":"Khairani, Sri Artnetti, Fikri Hasan","doi":"10.29303/ius.v11i1.1210","DOIUrl":"https://doi.org/10.29303/ius.v11i1.1210","url":null,"abstract":"This study aims to know the implementation of competency development for Civil Servants (PNS) in West Sumatra. As an element of the state apparatus, civil servants have the right to participate in the development so that their competence in providing public services can possibly be carried out in a professional and qualified manner. The results of this study are expected to contribute to local government policies in managing the ASN. Based on Article 70 of Law Number 5 of 2014 concerning State Civil Apparatus (UU ASN) which states that every ASN employee has the right and opportunity to develop their competency, each Government Agency is required to prepare an annual competency development plan that is included in the annual work plan of the respective agency's budget. This can have an impact on the competence of less effective personnel, causing their responsibilities to be carried out inefficiently and negatively impacting the quality of public services. The issues in this study: 1. How is the management of civil servants in West Sumatra Province? 2. How is the competency development of civil servants in West Sumatra Province implemented? The research method used is a sociological juridical (empirical) approach. This research is descriptive and analytical. The data are collected through interviews and document studies. This research aligns with the strategic research plan set by Andalas University for 2020 – 2024, which is focused on the issue of political and social law. The results of the study show that the management of PNS in West Sumatra Province has not been based on a comparison of the competencies and qualifications required by positions with the competencies and qualifications held by the PNS, owing to the merit system’s ineffective implementation in PNS management. Implementation of PNS Competency Development in West Sumatra Province, from the data obtained, only 1,168 out of 18,614 civil servants in West Sumatra Province participated in PNS competency development, and the annual competency development plan document was not prepared, this shows that it is still not optimal and the implementation is not yet appropriate between civil servant competency development and applicable regulations.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"67 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90751981","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}
For a legal entity, legality is the most important element, because it indicates a state of legality or legitimacy so that it is recognized by law and society as a legal subject. Limited Liability Company, requires a special establishment procedure to legalize legal entity status, as stated in Article 109 number 2 Law Number 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law which has changed the arrangements regarding the establishment of a Limited Liability Company which was previously regulated in Article 7 of the Law Number 40 of 2007 concerning Limited Liability Companies. After the amendment, the arrangement regarding the acquisition of Limited Liability Company legal status is “after being registered with the Minister and obtaining proof of registration”. The Research Team sees a legal issue, namely whether changing the arrangement meets the principle of clarity of formulation as stipulated in Article 5 letter f of Law Number 12 of 2011 Concerning the Establishment of Legislation. Furthermore, the Research Team also analyzed the proper legal reconstruction in the regulation regarding the acquisition of Limited Liability Company Legal Entity status, so that the principle of clarity of formulation was fulfilled as one of the principles for the Formation of good Legislation. This research is a type of normative juridical research using statutory and conceptual approaches. Based on the analysis of the Research Team, the arrangement regarding the time of acquiring the legal status of a Limited Liability Company does not meet the clarity principle of the formulation. While the proper legal reconstruction is to provide a formulation that uses a choice of words or terms, as well as the clarity of legal language in which understandable so that it minimizes the excessive interpretations in its implementation.
{"title":"The Fulfillment of The Clarity Principle Towards the Formulation Arrangement in The Recognition of Statutory Bodies Within the Limited Liability Company","authors":"Amelia Sri Kusuma dewi, Anindita Purnama Ningtyas","doi":"10.29303/ius.v11i1.1206","DOIUrl":"https://doi.org/10.29303/ius.v11i1.1206","url":null,"abstract":"For a legal entity, legality is the most important element, because it indicates a state of legality or legitimacy so that it is recognized by law and society as a legal subject. Limited Liability Company, requires a special establishment procedure to legalize legal entity status, as stated in Article 109 number 2 Law Number 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law which has changed the arrangements regarding the establishment of a Limited Liability Company which was previously regulated in Article 7 of the Law Number 40 of 2007 concerning Limited Liability Companies. After the amendment, the arrangement regarding the acquisition of Limited Liability Company legal status is “after being registered with the Minister and obtaining proof of registration”. The Research Team sees a legal issue, namely whether changing the arrangement meets the principle of clarity of formulation as stipulated in Article 5 letter f of Law Number 12 of 2011 Concerning the Establishment of Legislation. Furthermore, the Research Team also analyzed the proper legal reconstruction in the regulation regarding the acquisition of Limited Liability Company Legal Entity status, so that the principle of clarity of formulation was fulfilled as one of the principles for the Formation of good Legislation. This research is a type of normative juridical research using statutory and conceptual approaches. Based on the analysis of the Research Team, the arrangement regarding the time of acquiring the legal status of a Limited Liability Company does not meet the clarity principle of the formulation. While the proper legal reconstruction is to provide a formulation that uses a choice of words or terms, as well as the clarity of legal language in which understandable so that it minimizes the excessive interpretations in its implementation.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"56 49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76960012","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}
This article explains the importance of structuring the relationship between local government and local business entities from the perspective of state administrative law in Batam City, Riau Archipelago. This study used a qualitative research method, in which several relevant sources obtained were analyzed using descriptive analysis to be able to explain and answer the research questions as a whole. The findings of this study indicate that the dynamics of the dualism of authority that occurs between the Batam City Government and the Batam Concession Agency have violated several principles of good governance, namely those relating to the principle of legal certainty, the principle of not mixing authority, and the principle of implementing the public interest. In the process, to overcome the dualism of authority that occurs, it is necessary to integrate the Free Trade Areas (FTA) of Batam, Bintan, and Karimun with the Free Port Concession Agency (FPCA) by placing the authority of the FPCA under the control of the Governor of the Riau Archipelago Province. Therefore, to adopt a better possibility of the findings of this study, it is very important to immediately amend Government Regulation Number 46 of 2007 concerning the Free Trade Zone and Free Harbor of Batam as amended several times, most recently by Government Regulation Number 62 of 2019 concerning the Second Amendment on Government Regulation Number 46 of 2007 concerning Free Trade Zones and Free Ports.
{"title":"The Importance of Structuring Relationships Between Local Governments and Business Entities in The Perspective of State Administrative Law in Batam City, Riau Islands","authors":"M. Indra, Fadhilah Fauzan","doi":"10.29303/ius.v11i1.1146","DOIUrl":"https://doi.org/10.29303/ius.v11i1.1146","url":null,"abstract":"This article explains the importance of structuring the relationship between local government and local business entities from the perspective of state administrative law in Batam City, Riau Archipelago. This study used a qualitative research method, in which several relevant sources obtained were analyzed using descriptive analysis to be able to explain and answer the research questions as a whole. The findings of this study indicate that the dynamics of the dualism of authority that occurs between the Batam City Government and the Batam Concession Agency have violated several principles of good governance, namely those relating to the principle of legal certainty, the principle of not mixing authority, and the principle of implementing the public interest. In the process, to overcome the dualism of authority that occurs, it is necessary to integrate the Free Trade Areas (FTA) of Batam, Bintan, and Karimun with the Free Port Concession Agency (FPCA) by placing the authority of the FPCA under the control of the Governor of the Riau Archipelago Province. Therefore, to adopt a better possibility of the findings of this study, it is very important to immediately amend Government Regulation Number 46 of 2007 concerning the Free Trade Zone and Free Harbor of Batam as amended several times, most recently by Government Regulation Number 62 of 2019 concerning the Second Amendment on Government Regulation Number 46 of 2007 concerning Free Trade Zones and Free Ports.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79056603","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}
Globalization has a dominant role in the trade of goods/services, people, technologies, and information. The globalization targets are cultural, economic, and political globalization. Unintentionally, problems arise in society, such as transnational rights issues (transnational crime) caused by globalization. The most common transnational crime is sexual exploitation, which occurs in both men and women. Therefore, regarding the handling of TIP in Indonesia, complementary and correlated regulations or legislation are needed to eradicate TIP. Considering that currently, there are regulations that overlap with each other. As happened in the criminal act of trafficking in persons and the law on the protection of Indonesian migrant workers, the two laws should synergize to prevent, handle, and eradicate TIP. Thus, law enforcers can also be maximal in carrying out their duties, especially in taking action against TIP perpetrators.
{"title":"Effects of Legislation Overlapping Regarding Transnational Crime","authors":"Imam Prasetio, Nathalina Naibaho, Dhianti Afifah Nabila Yudhy","doi":"10.29303/ius.v11i1.1145","DOIUrl":"https://doi.org/10.29303/ius.v11i1.1145","url":null,"abstract":"Globalization has a dominant role in the trade of goods/services, people, technologies, and information. The globalization targets are cultural, economic, and political globalization. Unintentionally, problems arise in society, such as transnational rights issues (transnational crime) caused by globalization. The most common transnational crime is sexual exploitation, which occurs in both men and women. Therefore, regarding the handling of TIP in Indonesia, complementary and correlated regulations or legislation are needed to eradicate TIP. Considering that currently, there are regulations that overlap with each other. As happened in the criminal act of trafficking in persons and the law on the protection of Indonesian migrant workers, the two laws should synergize to prevent, handle, and eradicate TIP. Thus, law enforcers can also be maximal in carrying out their duties, especially in taking action against TIP perpetrators.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86488109","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}
Rachman Maulana Kafrawi, Mohammad Zamroni, Antonino Pedro Marsal
Law enforcement containing the proportional principle is how law enforcement runs in such a way, so that it does not only enforce the normative rules (aspects of legal certainty) but also the philosophical aspects (aspects and values of justice). Functional differentiation causes law enforcement practices by law enforcement officers to be fragmented and fragmentary because each component of law enforcement has different perceptions and meanings. This has an impact on the difficulty of realizing an integrated and integrated criminal justice system because there are often conflicts of interest and differences in interpretation between law enforcement components so that the products of the judiciary have not been able to meet the expectations of the people seeking justice. So in this systematic framework, the actions of one body will affect the other bodies. Research purposes namely analyzing the harmonization between investigators and advocates in the law enforcement process and analyzing the harmonization and synchronization between law enforcers. The research method in this case combines elements of normative law which are then supported by additional data or empirical elements. The system in the criminal justice system so that in practice it will have an effect on the implementation of the criminal justice system as a whole.
{"title":"Harmonization between Investigators and Advocates in the Law Enforcement Process","authors":"Rachman Maulana Kafrawi, Mohammad Zamroni, Antonino Pedro Marsal","doi":"10.29303/ius.v11i1.1174","DOIUrl":"https://doi.org/10.29303/ius.v11i1.1174","url":null,"abstract":"Law enforcement containing the proportional principle is how law enforcement runs in such a way, so that it does not only enforce the normative rules (aspects of legal certainty) but also the philosophical aspects (aspects and values of justice). Functional differentiation causes law enforcement practices by law enforcement officers to be fragmented and fragmentary because each component of law enforcement has different perceptions and meanings. This has an impact on the difficulty of realizing an integrated and integrated criminal justice system because there are often conflicts of interest and differences in interpretation between law enforcement components so that the products of the judiciary have not been able to meet the expectations of the people seeking justice. So in this systematic framework, the actions of one body will affect the other bodies. Research purposes namely analyzing the harmonization between investigators and advocates in the law enforcement process and analyzing the harmonization and synchronization between law enforcers. The research method in this case combines elements of normative law which are then supported by additional data or empirical elements. The system in the criminal justice system so that in practice it will have an effect on the implementation of the criminal justice system as a whole.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"35 S1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72415543","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}
The positive fictitious principle in the Law No. 11 of 2020 concerning Job Creation (CK Law) exists to facilitate investment and simplify licensing. However, the provisions in the CK Law, which exclude the role of the Administrative Court in fictitious applications have the potential to cause injustice and legal uncertainty in society. That research focuses on examining the positive fictitious principle's existence after the CK Law's enactment in the paradigm of prophetic law. The paradigm of prophetic regulation was chosen in this study as an effort to explore the theological (divine) and human dimensions in positive fictitious formulations as in CK Law. This research is a normative legal type of research with a concept and statutory approach. The results of the study confirm that in terms of the three aspects of prophetic law, namely transcendence, liberation, and humanization, the provisions of the CK Law, which no longer involve the role of the Administrative Court and have not issued Presidential Regulations regarding positive fiction can cause uncertainty and injustice in society. That makes the substance of the prophetic law in the positive fictitious provisions in the CK Law not be realized optimally. Orientation based on the prophetic legal paradigm in regulating the positive fictitious principle after regulation in the CK Law, according to the author, can be done by revising the positive fictitious provisions in the CK Law by returning the competence of the State Administrative Court.
{"title":"The Positive Fictional Principle After the Implementation of The Job Creation Law: A Prophetic Legal Paradigm","authors":"Edi Pranoto, Kukuh Sudarmanto","doi":"10.29303/ius.v11i1.1168","DOIUrl":"https://doi.org/10.29303/ius.v11i1.1168","url":null,"abstract":"The positive fictitious principle in the Law No. 11 of 2020 concerning Job Creation (CK Law) exists to facilitate investment and simplify licensing. However, the provisions in the CK Law, which exclude the role of the Administrative Court in fictitious applications have the potential to cause injustice and legal uncertainty in society. That research focuses on examining the positive fictitious principle's existence after the CK Law's enactment in the paradigm of prophetic law. The paradigm of prophetic regulation was chosen in this study as an effort to explore the theological (divine) and human dimensions in positive fictitious formulations as in CK Law. This research is a normative legal type of research with a concept and statutory approach. The results of the study confirm that in terms of the three aspects of prophetic law, namely transcendence, liberation, and humanization, the provisions of the CK Law, which no longer involve the role of the Administrative Court and have not issued Presidential Regulations regarding positive fiction can cause uncertainty and injustice in society. That makes the substance of the prophetic law in the positive fictitious provisions in the CK Law not be realized optimally. Orientation based on the prophetic legal paradigm in regulating the positive fictitious principle after regulation in the CK Law, according to the author, can be done by revising the positive fictitious provisions in the CK Law by returning the competence of the State Administrative Court.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88696671","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}
Early January 2023, the President of the Republic of Indonesia ratified the R-KUHP to become Law Number 1 of 2023 concerning the Criminal Code. The new Criminal Code will be enforced in three years, with the agenda of socializing it to all law enforcement officials, and also to all Indonesian people. This study wants to explore the use of the Criminal Code with the various problems that accompany it, during an independent nation. The enactment of the Criminal Code raises its own problems for Indonesian religious people based on the first precepts of Pancasila and having an eastern culture. The method used in this research is doctrinal research or normative legal research and is supported by empirical legal research. The novelty of this study is an analysis of the problems with the application of the Criminal Code so far to strengthen the enforceability of the new Criminal Code which will be implemented in the next three years. Research results are, the problem with the application of the Criminal Code as a form of material criminal law has an impact on all aspects. First, the aspect of legal education where knowledge about criminal law reform is not beneficial due to the maintenance of the Criminal Code, from the judicial or law enforcement aspect, the Criminal Code also continues to be used and even becomes the basis for considering the general rules of Book I of the Criminal Code, as long as it is not regulated in laws and regulations outside the Criminal Code. The validity of the Criminal Code from the perspective of religious law and customary law has gaps that cause problems, such as the adultery article in the Criminal Code which has different meanings and principles from those stipulated in religious law and customary law. The principle of “no excuse”, which is implied in the Criminal Code, does not reflect the religious and cultural character of the Indonesian people by prioritizing the concept of forgiveness.
{"title":"Problems of Criminal Applications Law in The Life of Indonesian Communities and Cultures","authors":"Rina Rohayu Harun, M. Sahid, Bahri Yamin","doi":"10.29303/ius.v11i1.1144","DOIUrl":"https://doi.org/10.29303/ius.v11i1.1144","url":null,"abstract":"Early January 2023, the President of the Republic of Indonesia ratified the R-KUHP to become Law Number 1 of 2023 concerning the Criminal Code. The new Criminal Code will be enforced in three years, with the agenda of socializing it to all law enforcement officials, and also to all Indonesian people. This study wants to explore the use of the Criminal Code with the various problems that accompany it, during an independent nation. The enactment of the Criminal Code raises its own problems for Indonesian religious people based on the first precepts of Pancasila and having an eastern culture. The method used in this research is doctrinal research or normative legal research and is supported by empirical legal research. The novelty of this study is an analysis of the problems with the application of the Criminal Code so far to strengthen the enforceability of the new Criminal Code which will be implemented in the next three years. Research results are, the problem with the application of the Criminal Code as a form of material criminal law has an impact on all aspects. First, the aspect of legal education where knowledge about criminal law reform is not beneficial due to the maintenance of the Criminal Code, from the judicial or law enforcement aspect, the Criminal Code also continues to be used and even becomes the basis for considering the general rules of Book I of the Criminal Code, as long as it is not regulated in laws and regulations outside the Criminal Code. The validity of the Criminal Code from the perspective of religious law and customary law has gaps that cause problems, such as the adultery article in the Criminal Code which has different meanings and principles from those stipulated in religious law and customary law. The principle of “no excuse”, which is implied in the Criminal Code, does not reflect the religious and cultural character of the Indonesian people by prioritizing the concept of forgiveness.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86873263","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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