Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)最新文献

This research is socio-legal research with an ethnographic approach regarding the resolution of maritime resource conflicts in the Kei Islands and the conditions of current state laws and regulations. This article discusses how the overlapping of laws and regulations occurs in law enforcement on marine resource management and how customary law is an alternative for resolving conflicts over marine resources in the Kei Islands. This study found that so many laws and regulations besides helping to create legal order can also have an impact in the form of overlapping authorities between state agencies. On the other hand, the resolution of maritime resource conflicts in practice does not always depend on the positive law of the state alone. Another fact is often found that the community and even the state apparatus also accommodate customary law in resolving conflicts that occur. However, this form of settlement developed into a hybrid form.

Constitutional Court decision Number 18/PUU-XVII/2019 degrades the existence of executorial rights and execution parate institutions in the UUJF. Melements of the substance of the law in rangka this execution resulted in the purpose of the law can not be met. PeneThis research is a normative juridical research that will answer several questions. First, what is the essence of the position of eksekutorial rights, execution parate, promise injury clause in fiduciary security rules. Second, how the juridical analysis of the Constitutional konstitusi tersebutCourt decision. This study produced several results, first the decision of the Constitutional Court contradicts the essence of the existence of executorial rights and the institution of Parate execution. executorial rights and execution parate institutions arise from the existence of special guarantees granted privileges through executorial rights institutions and execution parate institutions. The article of promise injury in the main agreement essentially serves as clause naturalia. The naturalia clause means that althoughthis clause is not expressly stated, theinjury clause promises to remain. The nature pelaksanaanof execution is because there is no voluntary act of implementing a decision that has permanent legal force. Thus, establishing the validity of the executorial right when there is a voluntary surrender is contrary to the nature of the execution itself. Second, in making a decision, the judge should put forward the principle of legal mind, namely legal certainty, justice and usefulness. In the Constitutional Court ruling amar judge's decision does not reflect the certainty, justice and kemanfaatn

Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector amended the provisions relating to the Deposit Insurance Corporation revised clauses related to the Deposit Insurance Corporation. Earlier clauses covered bank customer deposits, it broadened to encompass insurance policies. This research delves into understanding how roles, responsibilities, powers of the Deposit Insurance Corporation bolstered with the introduction of this Law, aiming to better safeguard depositors and insurance policyholders. Normative juridical approach forms the backbone of this research. Secondary data is the primary source of information, with primary legal documents like laws, regulations supplemented by secondary legal resources such as books, literature, academic journals. Findings indicate this Law provides depositors with assurance regarding security of their deposits in the event a bank is deemed to be resolute, deposit repayments process are more transparent. Insurance policyholders benefit as the law now clearly outlines the claim repayment.