{"title":"Nicholas Addison Phillips","authors":"A. Macfarlane, Radha Béteille","doi":"10.4324/9781003246145-5","DOIUrl":"https://doi.org/10.4324/9781003246145-5","url":null,"abstract":"","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78594473","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}
{"title":"Product Renewal in the Field of Family Law in Indonesia","authors":"Arif Sugitanata","doi":"10.23917/laj.v6i1.10699","DOIUrl":"https://doi.org/10.23917/laj.v6i1.10699","url":null,"abstract":"","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"190 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74171791","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 attempts to analyze the execution of guarantee confiscation of objects carried out by the Islamic Financial Institutions (LKS) in Magelang. This study uses a statutory approach (statue approach) which is descriptive qualitative by collecting data using the depth interview method. The results of this study indicate that the Islamic Financial Institutions in Magelang in the process of executing collateral do not use litigation, but non-litigation processes. Non-litigation processes used by Islamic Financial Institutions in Magelang is negotiation (consensus) amicably to execute the guarantee. The main reasons for using non-litigation processes, because it is cheap, simple, does not take time, and is friendly. From the findings of this study, the principle of kinship in negotition is still very important and useful for alternative dispute resolution (ADS) which ends in an agreement for the execution of guarantees.
{"title":"Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang","authors":"A. Miswanto","doi":"10.23917/laj.v6i1.12651","DOIUrl":"https://doi.org/10.23917/laj.v6i1.12651","url":null,"abstract":"This study attempts to analyze the execution of guarantee confiscation of objects carried out by the Islamic Financial Institutions (LKS) in Magelang. This study uses a statutory approach (statue approach) which is descriptive qualitative by collecting data using the depth interview method. The results of this study indicate that the Islamic Financial Institutions in Magelang in the process of executing collateral do not use litigation, but non-litigation processes. Non-litigation processes used by Islamic Financial Institutions in Magelang is negotiation (consensus) amicably to execute the guarantee. The main reasons for using non-litigation processes, because it is cheap, simple, does not take time, and is friendly. From the findings of this study, the principle of kinship in negotition is still very important and useful for alternative dispute resolution (ADS) which ends in an agreement for the execution of guarantees.","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81569796","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 purpose of this research is to find out, analyze, and explain the certification of environmental judges in an effort to realize the concept of green legislation in Indonesia. This research is a normative or doctrinal legal research. The data analysis was carried out qualitatively, so it is hoped that the discussion can accurately answer the problem formulation. This research resulted in the following conclusions: first; Environmental judge certification is important in the effort to implement green legislation in Indonesia based on four considerations, namely: in the context of realizing the 1945 Indonesian Constitution as a green constitution, the strategic role of judges’ decisions in realizing human and environmental justice, contributing to the effectiveness of environmental law enforcement. as well as for the integrated exercise of judicial or judicial powers in the principles of trias politica. Second, that with regard to the application of environmental judge certification in an effort to realize green legislation, the government has issued the RI KMA Decree Number: 134/KMA/SK/IX/2011 which regulates Certification of Environmental Judges which is used as a reference point for legal development regarding the judge certification system. environment in the settlement of civil, criminal and state administration cases in the environmental field. At the same time, judges training and coaching are conducted every year so that the need for the number of certified environmental judges is met in each region. Third, that the direction of legal reform relating to the provisions of environmental judge certification in an effort to realize green legislation can be carried out through guarding the environmental judge certification policy by cooperating with various parties; increase the capability of judges in the field of environmental science; as well as strengthening the judges’ thinking paradigm so that it is pro-environment or pro-natura (green thinking) as a form of embodiment of environmental legal norms according to the green constitution and green legislation in Indonesia. The benefit of this research is in the context of gaining insight among legal experts and legislative parties in improving the substance of law, especially environmental law which represents the concept of green legislation. This research contains novelty and differences from other research in terms of discouraging ideas and models of public policy reform with the concept of green legislation which is used as a legal umbrella in the form of laws on legal substances related to environmental judge certification.
{"title":"Environmental Judge Certification in an Effort to Realize the Green Legislation Concept in Indonesia","authors":"Indah Nur Shanty Saleh, Bita Gadsia Spaltani","doi":"10.23917/laj.v6i1.13695","DOIUrl":"https://doi.org/10.23917/laj.v6i1.13695","url":null,"abstract":"The purpose of this research is to find out, analyze, and explain the certification of environmental judges in an effort to realize the concept of green legislation in Indonesia. This research is a normative or doctrinal legal research. The data analysis was carried out qualitatively, so it is hoped that the discussion can accurately answer the problem formulation. This research resulted in the following conclusions: first; Environmental judge certification is important in the effort to implement green legislation in Indonesia based on four considerations, namely: in the context of realizing the 1945 Indonesian Constitution as a green constitution, the strategic role of judges’ decisions in realizing human and environmental justice, contributing to the effectiveness of environmental law enforcement. as well as for the integrated exercise of judicial or judicial powers in the principles of trias politica. Second, that with regard to the application of environmental judge certification in an effort to realize green legislation, the government has issued the RI KMA Decree Number: 134/KMA/SK/IX/2011 which regulates Certification of Environmental Judges which is used as a reference point for legal development regarding the judge certification system. environment in the settlement of civil, criminal and state administration cases in the environmental field. At the same time, judges training and coaching are conducted every year so that the need for the number of certified environmental judges is met in each region. Third, that the direction of legal reform relating to the provisions of environmental judge certification in an effort to realize green legislation can be carried out through guarding the environmental judge certification policy by cooperating with various parties; increase the capability of judges in the field of environmental science; as well as strengthening the judges’ thinking paradigm so that it is pro-environment or pro-natura (green thinking) as a form of embodiment of environmental legal norms according to the green constitution and green legislation in Indonesia. The benefit of this research is in the context of gaining insight among legal experts and legislative parties in improving the substance of law, especially environmental law which represents the concept of green legislation. This research contains novelty and differences from other research in terms of discouraging ideas and models of public policy reform with the concept of green legislation which is used as a legal umbrella in the form of laws on legal substances related to environmental judge certification.","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"2010 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86288082","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}
Knowing the basis for implementing the use of village funds in providing Cash Direct Funds (BLT) in Kelet Village and examining the effectiveness and barriers to using village funds in providing Cash Direct Funds in Kelet Village as well as the criteria for Cash Direct Funds recipients in Kelet Village. Method: The research method used is a normative model with a statutory approach with descriptive analysis in nature. Types and sources of data were obtained from the results of an inventory of literature studies on official documents of laws and regulations related to Cash Direct Funds. The data collection method uses the literature study technique, which is carried out by searching, recording, taking inventory, and analyzing the material content data from the body and previews contained in the statutory regulations related to Cash Direct Funds. The data analysis model uses a deductive thinking pattern in order to draw a conclusion. Finding: In Kelet Village, a cash direct funds program has been implemented which has been legalized through Village Head Regulation No. 6/2020 About Village Cash Direct Funds to Beneficiary Families Due to the COVID-19 Pandemic. The Village Head Regulation applies because there is a regulatory order from Law No. 2/2020 concerning Stipulation of Government Regulation In Lieu of Law No. 1/2020 concerning State Financial Policy and State Financial System Stability for Handling the COVID-19 Pandemic and its derivatives which include: Minister of Finance Regulations, Village Government Regulations, and Ministry of Home Affairs Instructions for the implementation of Cash Direct Fund. Novelty: This research was conducted because of a policy that was passed by the government during the COVID-19 pandemic, which caused a lot of misunderstanding for the public in responding to applicable policies.
{"title":"Village Funds After the Emergence of the Village Law (Study of the Use of Village Funds in Providing Cash Direct Funds ‘BLT’ in Kelet Village during the Pandemic)","authors":"Rokhman Adi Putera Nugraha, Nuria Siswi Enggarani","doi":"10.23917/laj.v6i1.13409","DOIUrl":"https://doi.org/10.23917/laj.v6i1.13409","url":null,"abstract":"Knowing the basis for implementing the use of village funds in providing Cash Direct Funds (BLT) in Kelet Village and examining the effectiveness and barriers to using village funds in providing Cash Direct Funds in Kelet Village as well as the criteria for Cash Direct Funds recipients in Kelet Village. Method: The research method used is a normative model with a statutory approach with descriptive analysis in nature. Types and sources of data were obtained from the results of an inventory of literature studies on official documents of laws and regulations related to Cash Direct Funds. The data collection method uses the literature study technique, which is carried out by searching, recording, taking inventory, and analyzing the material content data from the body and previews contained in the statutory regulations related to Cash Direct Funds. The data analysis model uses a deductive thinking pattern in order to draw a conclusion. Finding: In Kelet Village, a cash direct funds program has been implemented which has been legalized through Village Head Regulation No. 6/2020 About Village Cash Direct Funds to Beneficiary Families Due to the COVID-19 Pandemic. The Village Head Regulation applies because there is a regulatory order from Law No. 2/2020 concerning Stipulation of Government Regulation In Lieu of Law No. 1/2020 concerning State Financial Policy and State Financial System Stability for Handling the COVID-19 Pandemic and its derivatives which include: Minister of Finance Regulations, Village Government Regulations, and Ministry of Home Affairs Instructions for the implementation of Cash Direct Fund. Novelty: This research was conducted because of a policy that was passed by the government during the COVID-19 pandemic, which caused a lot of misunderstanding for the public in responding to applicable policies.","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82101105","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 first objective of this study is to determine the extent to which the government has made efforts to prevent and eradicate corruption, the second is to determine the effectiveness of the imposition of the death penalty for corruption perpetrators as a solution for handling corruption during the COVID-19 pandemic. This study uses a juridical-normative approach where the main data source is secondary data in the form of written materials about the law which are then analyzed quantitatively with the aim of producing descriptive analytical data. From this research, it is found that efforts to prevent and eradicate the criminal act of corruption in Indonesia are carried out through prevention and prosecution efforts. Indonesia has entered the state level in a state of danger as regulated in the explanation of Article 2 subsection (2) of the Law on criminal act of corruption regarding certain circumstances due to various kinds of policies issued by the government regarding the COVID-19 pandemic, so that the implementation of the death penalty for corruption perpetrators, especially in the COVID-19 pandemic situation, has a preventive effect on public officials who will commit corruption.
{"title":"The Effectiveness of Imposing the Death Penalty for Corruption Perpetrators as a Solution for Handling Corruption during the Covid-19 Pandemic","authors":"Marisa Kurnianingsih, M. Attirmidzi","doi":"10.23917/laj.v6i1.14048","DOIUrl":"https://doi.org/10.23917/laj.v6i1.14048","url":null,"abstract":"The first objective of this study is to determine the extent to which the government has made efforts to prevent and eradicate corruption, the second is to determine the effectiveness of the imposition of the death penalty for corruption perpetrators as a solution for handling corruption during the COVID-19 pandemic. This study uses a juridical-normative approach where the main data source is secondary data in the form of written materials about the law which are then analyzed quantitatively with the aim of producing descriptive analytical data. From this research, it is found that efforts to prevent and eradicate the criminal act of corruption in Indonesia are carried out through prevention and prosecution efforts. Indonesia has entered the state level in a state of danger as regulated in the explanation of Article 2 subsection (2) of the Law on criminal act of corruption regarding certain circumstances due to various kinds of policies issued by the government regarding the COVID-19 pandemic, so that the implementation of the death penalty for corruption perpetrators, especially in the COVID-19 pandemic situation, has a preventive effect on public officials who will commit corruption.","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88602374","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}
Although medical malpractice is not really new phenomenon in Indonesia, nevertheless dealing with medical malpractice cases is confusing to some extent. The absence of statutory definition of medical malpractice lead to confusion on how to handle it. This paper aims at elaborating the concept of medical malpractice and its liability. In addition, misconception on medical malpractice liability will also be evaluated. This normative legal research relies on secondary data and employes both statutory and comparative approaches. It is found that there has been misconception on medical malpractice in Indonesia. The misconception takes place not only to the lay persons, but also among academician and law enforcement agencies. This misconception lead to confusion on how to establish medical malpractice liability. Kata
{"title":"Malpraktik Medik dan Pertanggungjawaban Hukumnya: Analisis dan Evaluasi Konseptual","authors":"M. E. Susila","doi":"10.23917/laj.v6i1.11425","DOIUrl":"https://doi.org/10.23917/laj.v6i1.11425","url":null,"abstract":"Although medical malpractice is not really new phenomenon in Indonesia, nevertheless dealing with medical malpractice cases is confusing to some extent. The absence of statutory definition of medical malpractice lead to confusion on how to handle it. This paper aims at elaborating the concept of medical malpractice and its liability. In addition, misconception on medical malpractice liability will also be evaluated. This normative legal research relies on secondary data and employes both statutory and comparative approaches. It is found that there has been misconception on medical malpractice in Indonesia. The misconception takes place not only to the lay persons, but also among academician and law enforcement agencies. This misconception lead to confusion on how to establish medical malpractice liability. Kata","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"262 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74519373","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 intends to elaborate the model of corruption crimes resolved in a system of restorative justice that occurs in the State of Indonesia. This article emphasizes that efforts to eradicate corruption are not merely to provide punishment for those who are proven with the most severe punishment, but so that all countries that are caused by acts of corruption prevention can be returned in a short time. Technically, this study finds that there are 3 (three) conditions that cause the loss of the unlawful nature of a criminal act of corruption, namely: the suspect or defendant is disadvantaged; the state is not disadvantaged; community served. Based on the three conditions illustrate if the criminal act of corruption has returned the entire proceeds of the criminal act of corruption along with all the profits obtained from the results of the criminal act of corruption by the criminal act of corruption then basically the perpetrator is disadvantaged, the country does not suffer financial losses and the public can be served through returning all proceeds of corruption and all the benefits thereof. As a consequence, in order to create a restoring judicial process, this article desires to reduce the socio-economic burden of the state and law enforcement energy in handling cases of corruption.
{"title":"Restorative Justice in Criminal Acts of Corruption","authors":"V. Pratama","doi":"10.23917/laj.v6i1.12541","DOIUrl":"https://doi.org/10.23917/laj.v6i1.12541","url":null,"abstract":"This article intends to elaborate the model of corruption crimes resolved in a system of restorative justice that occurs in the State of Indonesia. This article emphasizes that efforts to eradicate corruption are not merely to provide punishment for those who are proven with the most severe punishment, but so that all countries that are caused by acts of corruption prevention can be returned in a short time. Technically, this study finds that there are 3 (three) conditions that cause the loss of the unlawful nature of a criminal act of corruption, namely: the suspect or defendant is disadvantaged; the state is not disadvantaged; community served. Based on the three conditions illustrate if the criminal act of corruption has returned the entire proceeds of the criminal act of corruption along with all the profits obtained from the results of the criminal act of corruption by the criminal act of corruption then basically the perpetrator is disadvantaged, the country does not suffer financial losses and the public can be served through returning all proceeds of corruption and all the benefits thereof. As a consequence, in order to create a restoring judicial process, this article desires to reduce the socio-economic burden of the state and law enforcement energy in handling cases of corruption.","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86492782","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}
{"title":"Autonomous Vehicle Decision-Making Algorithms, Interconnected Sensor Networks, and Big Geospatial Data Analytics in Smart Urban Mobility Systems","authors":"","doi":"10.22381/crlsj13220217","DOIUrl":"https://doi.org/10.22381/crlsj13220217","url":null,"abstract":"","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68356884","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}
{"title":"Connected Vehicle Technologies, Autonomous Driving Perception Algorithms, and Smart Sustainable Urban Mobility Behaviors in Networked Transport Systems","authors":"","doi":"10.22381/crlsj13220213","DOIUrl":"https://doi.org/10.22381/crlsj13220213","url":null,"abstract":"","PeriodicalId":38241,"journal":{"name":"Contemporary Readings in Law and Social Justice","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68357093","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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