Pub Date : 2022-12-21DOI: 10.24090/volksgeist.v5i2.7066
Arzetta Zahra Metthania, Siti Nurul Intan Sari Dalimunthe
This study aimed to analyze the regulation concerning transactions of buying and selling virtual objects in Indonesia and find out the legal protection for the parties in the event of default in such transactions. This study was normative juridical research using secondary data and statute approach. Virtual objects are intangible objects that, referring to Article 499 of the Civil Code, can be claimed, can be of property rights, and have economic value. The regulation concerning transactions for virtual objects refers to arrangement of buying and selling transactions in the Civil Code, specifically in Articles 1457 to Article 1540 there of. Legal protection for the parties in buying and selling virtual objects refers to the agreement made by the parties. However, in buying and selling virtual objects, there is no written agreement except an agreement made based on conversations via social media of the parties, such as WhatsApp or E-mail. Therefore, any default committed by either party can only be proven by the provisions made by the parties in their conversations. On this matter, referring to Law No. 8 of 1999 concerning Consumer Protection, business actors are entitled to receive payments or goods, while the consumers are entitled to receive compensation if the goods received are not in accordance with the agreement.
{"title":"Legal Protection for Parties in Sale and Purchase Transactions of Virtual Objects","authors":"Arzetta Zahra Metthania, Siti Nurul Intan Sari Dalimunthe","doi":"10.24090/volksgeist.v5i2.7066","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.7066","url":null,"abstract":"This study aimed to analyze the regulation concerning transactions of buying and selling virtual objects in Indonesia and find out the legal protection for the parties in the event of default in such transactions. This study was normative juridical research using secondary data and statute approach. Virtual objects are intangible objects that, referring to Article 499 of the Civil Code, can be claimed, can be of property rights, and have economic value. The regulation concerning transactions for virtual objects refers to arrangement of buying and selling transactions in the Civil Code, specifically in Articles 1457 to Article 1540 there of. Legal protection for the parties in buying and selling virtual objects refers to the agreement made by the parties. However, in buying and selling virtual objects, there is no written agreement except an agreement made based on conversations via social media of the parties, such as WhatsApp or E-mail. Therefore, any default committed by either party can only be proven by the provisions made by the parties in their conversations. On this matter, referring to Law No. 8 of 1999 concerning Consumer Protection, business actors are entitled to receive payments or goods, while the consumers are entitled to receive compensation if the goods received are not in accordance with the agreement.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"136 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76736908","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 : 2022-12-21DOI: 10.24090/volksgeist.v5i2.6842
Ryo Crysna Ramli Koro
This study's purpose is to examine and analyze legal protection for consumers who have housing loans and to examine and analyze the liability of insurance companies against the risk of loss due to the length of the development process. This research uses a normative juridical method whose research source is library data. This is descriptive-analytic research, which describes something in words or sentences, and then the categories are separated to obtain conclusions. Its approach is a legal approach and a conceptual approach. Its primary legal materials are Law Number 8 of 1999 concerning Consumer Protection, Law Number 40 of 2014 concerning Insurance, and Law Number 10 of 1998 concerning Banking. As a result, this study concluded that there is legal protection for consumers who have housing loans in the event of a natural disaster risk. Namely, consumers who own housing loans have bound themselves to housing developers, banks, and insurance companies to transfer all unexpected risks that occur in the future, such as natural disasters. The transfer of risk in the form of guaranteeing the property and goods belonging to consumers of housing loans is the government's responsibility because its role as an institution that protects the community is very important and does not only refer to the law but is the obligation. In this case, the government does not only plays role as a policy initiator but also as a party that overshadows the community. Even citizens, as set out in the second precepts of the Pancasila, have the responsibility.
{"title":"Protection for Housing Loan Consumers in Building Insurance toward the Risk of Natural Disaster Loss during the Construction Process","authors":"Ryo Crysna Ramli Koro","doi":"10.24090/volksgeist.v5i2.6842","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6842","url":null,"abstract":"This study's purpose is to examine and analyze legal protection for consumers who have housing loans and to examine and analyze the liability of insurance companies against the risk of loss due to the length of the development process. This research uses a normative juridical method whose research source is library data. This is descriptive-analytic research, which describes something in words or sentences, and then the categories are separated to obtain conclusions. Its approach is a legal approach and a conceptual approach. Its primary legal materials are Law Number 8 of 1999 concerning Consumer Protection, Law Number 40 of 2014 concerning Insurance, and Law Number 10 of 1998 concerning Banking. As a result, this study concluded that there is legal protection for consumers who have housing loans in the event of a natural disaster risk. Namely, consumers who own housing loans have bound themselves to housing developers, banks, and insurance companies to transfer all unexpected risks that occur in the future, such as natural disasters. The transfer of risk in the form of guaranteeing the property and goods belonging to consumers of housing loans is the government's responsibility because its role as an institution that protects the community is very important and does not only refer to the law but is the obligation. In this case, the government does not only plays role as a policy initiator but also as a party that overshadows the community. Even citizens, as set out in the second precepts of the Pancasila, have the responsibility.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75777330","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 : 2022-12-20DOI: 10.24090/volksgeist.v5i2.6847
I. Kurniawan
The digitalization of business law is one of the impacts of the development of technology and information. The development of technology and information is identical to the phenomenon of digitization, especially in the context of legal practice. This research gap is the existence of voids and overlapping legal rules related to technological developments in business where there should be legal rules that are general in nature and can accommodate business developments. This study aims to analyze the urgency and orientation of business law in the midst of the development of technology and information, especially with the development of the industrial revolution 4.0 and society 5.0. This research is a normative legal research. The results of the study confirm that the urgency of digitizing business law is by establishing laws and regulations that are in accordance with the needs of digitizing business law as well as the need for harmonization and revision of various existing regulations so that the law. In this case, the law can meet the demands of digital business practices in society. Laws in this case are regulations made by the central government to regulate and anticipate developments in business law so that one law with another may not overlap which has an impact on legal uncertainty in society. The orientation of business law in treading the era of the industrial revolution 4.0 and society 5.0 is that business law, especially business contracts, will become an instrument that is often used, especially digital business contract instruments. Furthermore, it is necessary to harmonize and even establish various laws and regulations using the omnibus law method to facilitate various overlapping laws and regulations as well as efforts to facilitate business development.
{"title":"Digitalization of Business Law: Urgency and Orientation of the Industrial Revolution 4.0 and Society 5.0","authors":"I. Kurniawan","doi":"10.24090/volksgeist.v5i2.6847","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6847","url":null,"abstract":"The digitalization of business law is one of the impacts of the development of technology and information. The development of technology and information is identical to the phenomenon of digitization, especially in the context of legal practice. This research gap is the existence of voids and overlapping legal rules related to technological developments in business where there should be legal rules that are general in nature and can accommodate business developments. This study aims to analyze the urgency and orientation of business law in the midst of the development of technology and information, especially with the development of the industrial revolution 4.0 and society 5.0. This research is a normative legal research. The results of the study confirm that the urgency of digitizing business law is by establishing laws and regulations that are in accordance with the needs of digitizing business law as well as the need for harmonization and revision of various existing regulations so that the law. In this case, the law can meet the demands of digital business practices in society. Laws in this case are regulations made by the central government to regulate and anticipate developments in business law so that one law with another may not overlap which has an impact on legal uncertainty in society. The orientation of business law in treading the era of the industrial revolution 4.0 and society 5.0 is that business law, especially business contracts, will become an instrument that is often used, especially digital business contract instruments. Furthermore, it is necessary to harmonize and even establish various laws and regulations using the omnibus law method to facilitate various overlapping laws and regulations as well as efforts to facilitate business development.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90396163","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 : 2022-12-20DOI: 10.24090/volksgeist.v5i2.6939
Ismail Koto, Taufik Hidayat Lubis, Soraya Sakinah
The purpose of this study is to find out how to provide legal protection for victims of terrorism crimes in order to realize constitutional orders. The type of this research is descriptive analytical. This research is carried out by examining theories, concepts, legal principles, the systematics of laws, legal comparisons and legal history, and synchronization of laws and regulations. Terrorism can happen anytime, anywhere, and happen to anyone indiscriminately. The damage caused by acts of terrorism is enormous. The rise of terror that occurred with many victims has proven that terrorism is a crime against human values. Terror has proven as a matter of fact as a tragedy over human rights. The physical impact caused by terrorism is not only on those who are targeted but also on victims who do not know and are not related to the target of the terrorist. Article 35A, paragraph 1 under Act No. 5 of 2018 stated that “Victims are state responsibility”. By the presence of state to handle terrorism’s victim, it is hoped that more targeted and equitable rights of all victims affected by an act of terrorism.
{"title":"Provisions of Legal Protection for Terrorism Victim in Order to Realize Constitution Order","authors":"Ismail Koto, Taufik Hidayat Lubis, Soraya Sakinah","doi":"10.24090/volksgeist.v5i2.6939","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6939","url":null,"abstract":"The purpose of this study is to find out how to provide legal protection for victims of terrorism crimes in order to realize constitutional orders. The type of this research is descriptive analytical. This research is carried out by examining theories, concepts, legal principles, the systematics of laws, legal comparisons and legal history, and synchronization of laws and regulations. Terrorism can happen anytime, anywhere, and happen to anyone indiscriminately. The damage caused by acts of terrorism is enormous. The rise of terror that occurred with many victims has proven that terrorism is a crime against human values. Terror has proven as a matter of fact as a tragedy over human rights. The physical impact caused by terrorism is not only on those who are targeted but also on victims who do not know and are not related to the target of the terrorist. Article 35A, paragraph 1 under Act No. 5 of 2018 stated that “Victims are state responsibility”. By the presence of state to handle terrorism’s victim, it is hoped that more targeted and equitable rights of all victims affected by an act of terrorism.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73995580","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 : 2022-12-19DOI: 10.24090/volksgeist.v5i2.6826
Dyah Mustika Prasetyaningsih, E. Hendarto, N. Anwar, Khalid Eltayeb Elfaki
Environmental permits or approvals as part of environmental law enforcement have a strategic role as instruments for preventing environmental pollution and damage. To determine the effectiveness of environmental law enforcement, it is necessary to measure the extent to which legal regulations are complied with or not complied with. This study aims to determine the level of compliance of business actors/activities in environmental management and monitoring based on environmental permit/approval commitments. The research method used is descriptive quantitative research; with type of research is empirical juridical. The research location is focused on the Kebumen Regency, Central Java. The number of samples in this study were 34 business actors from various sectors and were taken using the Herry King Nomogram with an error rate of 10%. Determination of the level of obedience using the scoring of each indicator. There are 17 indicators measured and modified from the Regulation of the Minister of Environment and Forestry Number 1 of 2021. The study results show the level of obedience of business actors or activities in the Kebumen Regency is dominated by the non-compliant and disobedient category with a percentage of 62% or 21 business actors/activities. The business/activity sectors in the disobedient and disobedient categories include trade, industry, mining, energy, health service facilities and tourism facilities. Business actors in the obedient category own 38% or 13 business actors/activities. The business/activity sectors in the compliant category include health service facilities, industry and energy. The government can determine priority steps in environmental monitoring based on the level of compliance of business actors. Monitoring efforts can then be followed up with strict and sustainable enforcement of environmental law.
环境许可或批准作为环境执法的一部分，作为防止环境污染和破坏的工具，具有战略作用。要确定环境执法的有效性，必须衡量法律法规的遵守程度或不遵守程度。这项研究的目的是根据环境许可证/批准承诺，确定商业行为者/活动在环境管理和监测方面的遵守程度。本研究采用描述性定量研究方法;研究的类型是实证法学。研究地点集中在中爪哇的Kebumen摄政。本研究的样本数量是来自不同部门的34个商业行为者，使用Herry King Nomogram，错误率为10%。使用每个指标的得分来确定服从程度。根据2021年第1号环境和林业部长条例，对17项指标进行了衡量和修改。研究结果显示，科布门摄政的商业行为者或活动的服从水平由不服从和不服从类别主导，占62%或21个商业行为者/活动。不服从和不服从类别中的商业/活动部门包括贸易、工业、采矿、能源、卫生服务设施和旅游设施。顺从类别的业务参与者拥有38%或13个业务参与者/活动。符合标准的商业/活动部门包括卫生服务设施、工业和能源。政府可以根据商业行为者的遵守程度来确定环境监测的优先步骤。监测工作之后，可以严格和可持续地执行环境法。
{"title":"Effectiveness of Environmental Law Implementation: Compliance and Enforcement","authors":"Dyah Mustika Prasetyaningsih, E. Hendarto, N. Anwar, Khalid Eltayeb Elfaki","doi":"10.24090/volksgeist.v5i2.6826","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6826","url":null,"abstract":"Environmental permits or approvals as part of environmental law enforcement have a strategic role as instruments for preventing environmental pollution and damage. To determine the effectiveness of environmental law enforcement, it is necessary to measure the extent to which legal regulations are complied with or not complied with. This study aims to determine the level of compliance of business actors/activities in environmental management and monitoring based on environmental permit/approval commitments. The research method used is descriptive quantitative research; with type of research is empirical juridical. The research location is focused on the Kebumen Regency, Central Java. The number of samples in this study were 34 business actors from various sectors and were taken using the Herry King Nomogram with an error rate of 10%. Determination of the level of obedience using the scoring of each indicator. There are 17 indicators measured and modified from the Regulation of the Minister of Environment and Forestry Number 1 of 2021. The study results show the level of obedience of business actors or activities in the Kebumen Regency is dominated by the non-compliant and disobedient category with a percentage of 62% or 21 business actors/activities. The business/activity sectors in the disobedient and disobedient categories include trade, industry, mining, energy, health service facilities and tourism facilities. Business actors in the obedient category own 38% or 13 business actors/activities. The business/activity sectors in the compliant category include health service facilities, industry and energy. The government can determine priority steps in environmental monitoring based on the level of compliance of business actors. Monitoring efforts can then be followed up with strict and sustainable enforcement of environmental law.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86500241","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 examines how important it is to determine the halal fatwa of MUI for food, beverage, pharmaceutical and cosmetic products. Given that there are still many fraudulent practices committed by business actors or producers in the product manufacturing process, causing harm to consumers. While Law no. 8 of 1999 concerning Consumer Protection has guaranteed the safety of every citizen as a consumer. Then what is the form of legal protection by the state for consumers? And how important is the determination of the MUI's halal fatwa for consumer protection? This type of research is qualitative research with a normative juridical approach. Data collection techniques through exploration and documentation, namely collecting data regarding the establishment of halal fatwas, legal protection and Law no. 8 of 1999 concerning Consumer Protection. The results of this study indicate that the form of legal protection for consumers in Indonesia includes preventive, repressive and juridical legal protection as well as institutions whose role is to audit products such as LPPOM MUI, BPOM and other inspection agencies. The halal certification process can be carried out when a business actor applies for a halal certificate, then verification and validation, inspection by the LPPOM MUI halal auditor, the process of meeting the MUI fatwa commission, issuing a halal decree and issuing a halal certificate. Determination of MUI halal fatwa for each product is very important because it is ensured that it has passed the stages and procedures designed to provide protection to consumers. So that in the context of product transactions that occur in the field, no party benefits or is harmed and has applied the principle of balance and the principle of justice.
{"title":"The Urgency of MUI Halal Fatwa about Food, Beverage, Medicine and Cosmetic Products for the Consumer Protection","authors":"Diky Faqih Maulana, Makhrus Makhrus, Hamidatul Hasanah","doi":"10.24090/volksgeist.v5i2.6421","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6421","url":null,"abstract":"This study examines how important it is to determine the halal fatwa of MUI for food, beverage, pharmaceutical and cosmetic products. Given that there are still many fraudulent practices committed by business actors or producers in the product manufacturing process, causing harm to consumers. While Law no. 8 of 1999 concerning Consumer Protection has guaranteed the safety of every citizen as a consumer. Then what is the form of legal protection by the state for consumers? And how important is the determination of the MUI's halal fatwa for consumer protection? This type of research is qualitative research with a normative juridical approach. Data collection techniques through exploration and documentation, namely collecting data regarding the establishment of halal fatwas, legal protection and Law no. 8 of 1999 concerning Consumer Protection. The results of this study indicate that the form of legal protection for consumers in Indonesia includes preventive, repressive and juridical legal protection as well as institutions whose role is to audit products such as LPPOM MUI, BPOM and other inspection agencies. The halal certification process can be carried out when a business actor applies for a halal certificate, then verification and validation, inspection by the LPPOM MUI halal auditor, the process of meeting the MUI fatwa commission, issuing a halal decree and issuing a halal certificate. Determination of MUI halal fatwa for each product is very important because it is ensured that it has passed the stages and procedures designed to provide protection to consumers. So that in the context of product transactions that occur in the field, no party benefits or is harmed and has applied the principle of balance and the principle of justice.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81255332","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 : 2022-12-19DOI: 10.24090/volksgeist.v5i2.6740
Muhammad Ruhly Kesuma Dinata, Irhammudin Irhammudin, Della Monica, Ruetaitip Chansrakaeo
The legal certainty of out-of-court settlements through customary law is still questionable in the Indonesian legal system, even though restorative justice is an approach that aims to build a criminal justice system that is sensitive to the problems of victims. Restorative justice which means a glorification of relationships and making amends that the perpetrator of the crime (his family) wants to make to the victim of the crime outside the court with the intention and purpose that the legal problems arising from the criminal act can be resolved properly by reaching an agreement and agreement between the parties. how is the enforcement of good governance and local wisdom in law enforcement in the North Lampung resort police? This research uses qualitative research methods with a Socio Legal approach. Socio-legal is a legal research approach that uses the help of social sciences as a single approach. Because of this approach, the socio-legal goal is to integrate as a whole the knowledge, skills, and forms of research experience of two (or several) disciplines in an effort to overcome some of the theoretical and methodological limitations of the disciplines concerned. As in the case of Wari Gunawan bin Ngatimin as a suspect for allegedly committing the crime of Fraud Article 378 of the Criminal Code. The result of the research is that in solving problems in the community, the existence of Ippun Aneg is intended as a guideline in handling and/or resolving problems that arise in the community. The settlement of criminal offenses through restoration justice in this case cannot be carried out because the unfinished return of losses received by the victim is the main obstacle to the settlement of this case through restoration justice at the level of investigation and investigation even though peace has been made between the perpetrator and the victim. In addition, the letter of request from the perpetrator, victim and related parties has not been made and submitted, which is an obstacle to the settlement through restoration justice.
尽管恢复性司法是一种旨在建立一个对受害者问题敏感的刑事司法制度的办法，但在印度尼西亚的法律制度中，通过习惯法实现庭外和解的法律确定性仍然值得怀疑。恢复性司法是指犯罪行为人(其家属)在法庭外对犯罪受害人所希望作出的关系美化和补偿，其意图和目的是通过当事人之间的协议和约定，使犯罪行为所产生的法律问题得到妥善解决。在北楠榜度假胜地警察的执法中，善治和地方智慧的执行情况如何?本研究采用社会法学方法的定性研究方法。社会法学是一种使用社会科学作为单一方法的法律研究方法。由于这种方法，社会法学的目标是将两个(或几个)学科的知识、技能和研究经验形式整合为一个整体，以努力克服有关学科的一些理论和方法局限性。就像Wari Gunawan bin Ngatimin作为涉嫌犯有《刑法》第378条欺诈罪的嫌疑人的案件一样。研究的结果是，在解决社区问题时，Ippun Aneg的存在旨在作为处理和/或解决社区中出现的问题的指导方针。在这种情况下，通过恢复性司法解决刑事犯罪是无法实施的，因为受害者所收到的损失尚未得到补偿是通过调查和调查层面的恢复性司法解决这种案件的主要障碍，尽管加害人与受害者之间已经达成了和平。此外，加害人、受害人和有关各方的请求书尚未提出和提交，这是通过恢复司法解决的障碍。
{"title":"Good Governance and Local Wisdom in Law Enforcement","authors":"Muhammad Ruhly Kesuma Dinata, Irhammudin Irhammudin, Della Monica, Ruetaitip Chansrakaeo","doi":"10.24090/volksgeist.v5i2.6740","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6740","url":null,"abstract":"The legal certainty of out-of-court settlements through customary law is still questionable in the Indonesian legal system, even though restorative justice is an approach that aims to build a criminal justice system that is sensitive to the problems of victims. Restorative justice which means a glorification of relationships and making amends that the perpetrator of the crime (his family) wants to make to the victim of the crime outside the court with the intention and purpose that the legal problems arising from the criminal act can be resolved properly by reaching an agreement and agreement between the parties. how is the enforcement of good governance and local wisdom in law enforcement in the North Lampung resort police? This research uses qualitative research methods with a Socio Legal approach. Socio-legal is a legal research approach that uses the help of social sciences as a single approach. Because of this approach, the socio-legal goal is to integrate as a whole the knowledge, skills, and forms of research experience of two (or several) disciplines in an effort to overcome some of the theoretical and methodological limitations of the disciplines concerned. As in the case of Wari Gunawan bin Ngatimin as a suspect for allegedly committing the crime of Fraud Article 378 of the Criminal Code. The result of the research is that in solving problems in the community, the existence of Ippun Aneg is intended as a guideline in handling and/or resolving problems that arise in the community. The settlement of criminal offenses through restoration justice in this case cannot be carried out because the unfinished return of losses received by the victim is the main obstacle to the settlement of this case through restoration justice at the level of investigation and investigation even though peace has been made between the perpetrator and the victim. In addition, the letter of request from the perpetrator, victim and related parties has not been made and submitted, which is an obstacle to the settlement through restoration justice.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82911400","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 : 2022-12-18DOI: 10.24090/volksgeist.v5i2.6838
M. Iqbal, M. Mujib, Yuliannova Lestari
This paper examined the polemic of Indonesian omnibus Law that affect the international market interest in Indonesia, especially for the Chinese investor. On the one hand, this act and its implementation act give hope for a more conducive climate for foreign investment. On the other hand, it also invites resistance from various components of the nation due to the non-transparent procedure of its formation. It substantively degrades the interests of the wider community and is more in favour of the interests of investors. This research comes up with the liberal institutionalism theory; when state elites do not predict self-interested benefits from cooperation, it means no expectation of cooperation to occur, nor the institutions that facilitate cooperation to develop. On the other hand, when states can jointly benefit from cooperation, governments expect to attempt to establish such an institution. . As a result, Omnibus Law affects ambiguity and uncertainty for foreign investor especially for Chinese. However Omnibus Law is still uncertain and ambiguous; in reality the foreigner investment especially Chinese Investments in Indonesia is still run well and tend to increase. It is because Constitutional Court's decision did not invalidate 47 government regulations and 4 presidential regulations derived from the Job Creation Law. In addition, from the perspective of liberal Institutionalism, it has been long time Indonesia and China has built diplomacy for continuous mutual cooperation.
{"title":"Does Omnibus Law Affect the Indonesian Investment Regulations towards Chinese Investors?","authors":"M. Iqbal, M. Mujib, Yuliannova Lestari","doi":"10.24090/volksgeist.v5i2.6838","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6838","url":null,"abstract":"This paper examined the polemic of Indonesian omnibus Law that affect the international market interest in Indonesia, especially for the Chinese investor. On the one hand, this act and its implementation act give hope for a more conducive climate for foreign investment. On the other hand, it also invites resistance from various components of the nation due to the non-transparent procedure of its formation. It substantively degrades the interests of the wider community and is more in favour of the interests of investors. This research comes up with the liberal institutionalism theory; when state elites do not predict self-interested benefits from cooperation, it means no expectation of cooperation to occur, nor the institutions that facilitate cooperation to develop. On the other hand, when states can jointly benefit from cooperation, governments expect to attempt to establish such an institution. . As a result, Omnibus Law affects ambiguity and uncertainty for foreign investor especially for Chinese. However Omnibus Law is still uncertain and ambiguous; in reality the foreigner investment especially Chinese Investments in Indonesia is still run well and tend to increase. It is because Constitutional Court's decision did not invalidate 47 government regulations and 4 presidential regulations derived from the Job Creation Law. In addition, from the perspective of liberal Institutionalism, it has been long time Indonesia and China has built diplomacy for continuous mutual cooperation.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81016350","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 : 2022-12-17DOI: 10.24090/volksgeist.v5i2.6901
Jauhar Nashrullah, Georges Olemanu Lohalo
The presence of four new autonomous regions (DOB) in Papua completes the number of provinces in Indonesia to 38. This study examines the formation of the new autonomous region in Papua from the perspective of state administrative law. This type of research is juridical normative with a statutory, concept, and case approach. The study results show Law Number 2 of 202,1, which eliminates preparation areas, even though the preparation areas are crucial in forming a new autonomous region. With asymmetric decentralization, special autonomy will be imposed on the new autonomous regions in Papua, which have specificity regarding authority, finance, and institutions. However, there are several notes, such as the Governor and DPRP formed from the results of the 2024 simultaneous elections & regional election; as a result, the acting governor is equipped with crucial authority that is prone to conflict of interest. This article also provides ideas and recommendations regarding the formation of the Papua new autonomous region as follows: 1) The implementation of primary areas in the process of forming the Papua new autonomous region; 2) The government immediately issued government regulation of Desartada; 3) Maximizing the participation of indigenous Papuans in the establishment of the new autonomous region in Papua.
{"title":"The Establishment of a New Autonomous Region of Papua in State Administrative Law Perspective","authors":"Jauhar Nashrullah, Georges Olemanu Lohalo","doi":"10.24090/volksgeist.v5i2.6901","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6901","url":null,"abstract":"The presence of four new autonomous regions (DOB) in Papua completes the number of provinces in Indonesia to 38. This study examines the formation of the new autonomous region in Papua from the perspective of state administrative law. This type of research is juridical normative with a statutory, concept, and case approach. The study results show Law Number 2 of 202,1, which eliminates preparation areas, even though the preparation areas are crucial in forming a new autonomous region. With asymmetric decentralization, special autonomy will be imposed on the new autonomous regions in Papua, which have specificity regarding authority, finance, and institutions. However, there are several notes, such as the Governor and DPRP formed from the results of the 2024 simultaneous elections & regional election; as a result, the acting governor is equipped with crucial authority that is prone to conflict of interest. This article also provides ideas and recommendations regarding the formation of the Papua new autonomous region as follows: 1) The implementation of primary areas in the process of forming the Papua new autonomous region; 2) The government immediately issued government regulation of Desartada; 3) Maximizing the participation of indigenous Papuans in the establishment of the new autonomous region in Papua.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75657559","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 : 2022-12-17DOI: 10.24090/volksgeist.v5i2.6690
Endrianto Bayu Setiawan, Lintang Charahena Mustofa, Tia Rizki Febrianti, Luvieandra Pratama
This article aims to analyze the development of the sexual assault regulation which comes from various sectoral acts in Indonesia. This research is a normative juridical research that uses primary legal materials in the form of laws and regulations and secondary legal materials in the form of legal books and legal articles. The analysis used is descriptive qualitative. The result of this study indicates that the massive cases of sexual assault that occur in private and public spaces have made it a serious crime that has to ben handled with approriate legal instruments. In Indonesia, sexual assault is a form of crime which its perpetrator can be convicted. Prior to the creation of The Sexual Assaults act Number 12 of 2022, the sexual assault regulation is already regulated in various separates acts. It caused disharmony of the regulation which implicates to non-optimal law enforcement. After the establishment of The Sexual Assaults act Number 12 of 2022, currently, Indonesia has a main legal protection in providing the handling, protection, and law enforcement of sexual assault. Since the passage of The Sexual Assaults act Number 12 of 2022, all the various separates acts have been regulated in a way that is more unified in a form of special law (lex specialis) which contains material and formal criminal arrangements.
{"title":"The Indonesian Criminal Law System's Progression in Sexual Assaults Regulation","authors":"Endrianto Bayu Setiawan, Lintang Charahena Mustofa, Tia Rizki Febrianti, Luvieandra Pratama","doi":"10.24090/volksgeist.v5i2.6690","DOIUrl":"https://doi.org/10.24090/volksgeist.v5i2.6690","url":null,"abstract":"This article aims to analyze the development of the sexual assault regulation which comes from various sectoral acts in Indonesia. This research is a normative juridical research that uses primary legal materials in the form of laws and regulations and secondary legal materials in the form of legal books and legal articles. The analysis used is descriptive qualitative. The result of this study indicates that the massive cases of sexual assault that occur in private and public spaces have made it a serious crime that has to ben handled with approriate legal instruments. In Indonesia, sexual assault is a form of crime which its perpetrator can be convicted. Prior to the creation of The Sexual Assaults act Number 12 of 2022, the sexual assault regulation is already regulated in various separates acts. It caused disharmony of the regulation which implicates to non-optimal law enforcement. After the establishment of The Sexual Assaults act Number 12 of 2022, currently, Indonesia has a main legal protection in providing the handling, protection, and law enforcement of sexual assault. Since the passage of The Sexual Assaults act Number 12 of 2022, all the various separates acts have been regulated in a way that is more unified in a form of special law (lex specialis) which contains material and formal criminal arrangements.","PeriodicalId":34760,"journal":{"name":"Volksgeist","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75360459","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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