Pub Date : 2023-07-31DOI: 10.15294/ipmhi.v3i2.67018
Zulwisman Zulwisman, Muhammad Haikal Diegio
This study aims to examine and analyze the issuance of government regulations in lieu of law (Perppu) no. 2 of 2022 in the political perspective of forming laws. PERPPU is in the form of a Government Regulation (PP), the substance of which is the same as the Law. As a legal product in a material sense, the House of Representatives is tasked with closely monitoring the PERPPU that is issued and enforced. The research method used is normative juridical with statutory, conceptual and comparative approaches. The results of the discussion of this research are based on the Constitutional Court Decision Number 91/PUU XVIII/2020, the conditions listed in the preamble, taking into account the Government Regulation in Lieu of Perppu Law Number 2 of 2022 Concerning Job Creation, and the political climate considering the tiered stages of the 2024 Pilkada , it is determined that with the issuance of PERPPU Number 2 of 2022 Concerning Job Creation, the three conditions set forth in the Constitutional Court Decision have been fulfilled.
{"title":"Analysis of the Issuance of Government Regulation in Lieu of Law (PERPPU) Number 2 Year 2022 in the Perspective of Law Formation Politics","authors":"Zulwisman Zulwisman, Muhammad Haikal Diegio","doi":"10.15294/ipmhi.v3i2.67018","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67018","url":null,"abstract":"This study aims to examine and analyze the issuance of government regulations in lieu of law (Perppu) no. 2 of 2022 in the political perspective of forming laws. PERPPU is in the form of a Government Regulation (PP), the substance of which is the same as the Law. As a legal product in a material sense, the House of Representatives is tasked with closely monitoring the PERPPU that is issued and enforced. The research method used is normative juridical with statutory, conceptual and comparative approaches. The results of the discussion of this research are based on the Constitutional Court Decision Number 91/PUU XVIII/2020, the conditions listed in the preamble, taking into account the Government Regulation in Lieu of Perppu Law Number 2 of 2022 Concerning Job Creation, and the political climate considering the tiered stages of the 2024 Pilkada , it is determined that with the issuance of PERPPU Number 2 of 2022 Concerning Job Creation, the three conditions set forth in the Constitutional Court Decision have been fulfilled.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313748","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 development of legal product shows its influence with the occurrence of a tug-of-war pattern between responsive legal products and conservative legal products. The formal legal policy of Law Number 11 of 2020 concerning Job Creation (UUCK) starts from the government's political will, which is expected to be able to break the chain of bureaucracy and harmonize government policies to support the investment climate. One of the efforts is a change in legal products in agrarian affairs related to Hak Milik and Hak Pengelolaan. Hak Milik can be issued on Hak Pengelolaan land, but the nature of Hak Milik as the strongest and most complete right over the land will experience ambiguity if issued on Hak Pengelolaan land as a state-controlled right that does not result in the cancellation or release of Hak Milik. This results in a lack of legal certainty regarding the position of Hak Milik. This study examines how Government Regulation Number 18 of 2021 concerning Hak Pengelolaan, Hak Atas Tanah, Condominium Units, and Land Registration as a derivative of UUCK provides legal certainty for Hak Milik standing on Hak Pengeloaan. The results of the study show that Hak Milik, Hak Guna Bangunan and Hak Pakai issued on Hak Pengelolaan do not result in the cancellation of the legal relationship with the holder of Hak Pengelolaan. Hak Pengelolaan can be released through a mechanism of releasing rights, the process of which is reported to the Ministry of Agrarian and Spatial and then released as state land for subsequent application for the issuance of Hak Milik to eligible right applicants and Hak Pengelolaan will automatically be cancelled if Hak Milik have been issued on Hak Pengelolaan based on a letter of approval from the holder of Hak Pengelolaan
{"title":"Legal Certainty on Land Ownership Rights Above Management Rights","authors":"Alwaahab Agirda Nugraha Effendi, Akhmad Darajati Setiawan","doi":"10.15294/ipmhi.v3i2.67824","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67824","url":null,"abstract":"The development of legal product shows its influence with the occurrence of a tug-of-war pattern between responsive legal products and conservative legal products. The formal legal policy of Law Number 11 of 2020 concerning Job Creation (UUCK) starts from the government's political will, which is expected to be able to break the chain of bureaucracy and harmonize government policies to support the investment climate. One of the efforts is a change in legal products in agrarian affairs related to Hak Milik and Hak Pengelolaan. Hak Milik can be issued on Hak Pengelolaan land, but the nature of Hak Milik as the strongest and most complete right over the land will experience ambiguity if issued on Hak Pengelolaan land as a state-controlled right that does not result in the cancellation or release of Hak Milik. This results in a lack of legal certainty regarding the position of Hak Milik. This study examines how Government Regulation Number 18 of 2021 concerning Hak Pengelolaan, Hak Atas Tanah, Condominium Units, and Land Registration as a derivative of UUCK provides legal certainty for Hak Milik standing on Hak Pengeloaan. The results of the study show that Hak Milik, Hak Guna Bangunan and Hak Pakai issued on Hak Pengelolaan do not result in the cancellation of the legal relationship with the holder of Hak Pengelolaan. Hak Pengelolaan can be released through a mechanism of releasing rights, the process of which is reported to the Ministry of Agrarian and Spatial and then released as state land for subsequent application for the issuance of Hak Milik to eligible right applicants and Hak Pengelolaan will automatically be cancelled if Hak Milik have been issued on Hak Pengelolaan based on a letter of approval from the holder of Hak Pengelolaan","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313301","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 : 2023-07-31DOI: 10.15294/ipmhi.v3i2.67503
Afif Farhan
This research is motivated by the rise of early marriage that has occurred recently, marriage at age is a national and international problem, where this study aims to find out what are the factors that make underage marriage still common in Indonesia. The method used by the author in compiling this article is the normative method, namely by collecting secondary legal material that is in harmony with the writing of this article. The factors that influence the occurrence of early childhood marriage arise from internal and external factors, besides that the empty space in the provisions of Article 7 of Law 16/2019 is also used by those who are already married, the government and elements of society including religious tokhs, traditional leaders, and students should take part in improving the mindset of the community towards underage marriage, In addition, the author also suggests revising the provisions of articles in the marriage law because underage marriage is very vulnerable for the bride and groom.
{"title":"Factors Causing The Rise Of Early Childhood Marriage In Indonesia In Terms Of The Marriage Law","authors":"Afif Farhan","doi":"10.15294/ipmhi.v3i2.67503","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67503","url":null,"abstract":"This research is motivated by the rise of early marriage that has occurred recently, marriage at age is a national and international problem, where this study aims to find out what are the factors that make underage marriage still common in Indonesia. The method used by the author in compiling this article is the normative method, namely by collecting secondary legal material that is in harmony with the writing of this article. The factors that influence the occurrence of early childhood marriage arise from internal and external factors, besides that the empty space in the provisions of Article 7 of Law 16/2019 is also used by those who are already married, the government and elements of society including religious tokhs, traditional leaders, and students should take part in improving the mindset of the community towards underage marriage, In addition, the author also suggests revising the provisions of articles in the marriage law because underage marriage is very vulnerable for the bride and groom.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313306","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 : 2023-07-31DOI: 10.15294/ipmhi.v3i2.68216
Muhammad Wafa Abdurrozaq, Hazlam Roy Mahendra
Students is an entity of agent of change. The role of students in carrying out legal assistance is one of service in the community, considering that students are agents of change. Legal, both written and unwritten, of course, is to bring justice in the body of society. The problem factor that is often an obstacle in the realization of justice in society is limitation or limited access to legal services, in this case lawyers or advocates due to economic factors and the factor of the public's grain of legal assistance. This must certainly be addressed to students as an agent of change who is able to bring change by becoming a legal assistant or legal companion in providing legal services to the community. If justice in society is realized, it will allow each layer of society to get the opportunity to develop its entire potential. Based on this, this article aims to review (1) How the role of students as Legal Assistants in community assistance activities; (2) What is expected from litigation assistance activities in the community from the perspective of students and the community. Where in relation, law students can participate in serving the community and have the opportunity to develop the potential they have in the field of law, as well as applying the knowledge they get during the classroom learning process.
{"title":"The Role of Students as Legal Assistants in Litigation Assistance Activities in the Community","authors":"Muhammad Wafa Abdurrozaq, Hazlam Roy Mahendra","doi":"10.15294/ipmhi.v3i2.68216","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.68216","url":null,"abstract":"Students is an entity of agent of change. The role of students in carrying out legal assistance is one of service in the community, considering that students are agents of change. Legal, both written and unwritten, of course, is to bring justice in the body of society. The problem factor that is often an obstacle in the realization of justice in society is limitation or limited access to legal services, in this case lawyers or advocates due to economic factors and the factor of the public's grain of legal assistance. This must certainly be addressed to students as an agent of change who is able to bring change by becoming a legal assistant or legal companion in providing legal services to the community. If justice in society is realized, it will allow each layer of society to get the opportunity to develop its entire potential. Based on this, this article aims to review (1) How the role of students as Legal Assistants in community assistance activities; (2) What is expected from litigation assistance activities in the community from the perspective of students and the community. Where in relation, law students can participate in serving the community and have the opportunity to develop the potential they have in the field of law, as well as applying the knowledge they get during the classroom learning process.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313312","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 : 2023-07-31DOI: 10.15294/ipmhi.v3i2.67370
Muhamad Nafi Uz Zaman
Citizen lawsuit as a form of lawsuit in enforcing environmental law has already been applied several times in judicial practice in Indonesia. However, the citizen lawsuit mechanism does not yet have specific rules, so the detailed provisions have not been determined either. This raises questions about the development and application of citizen lawsuits in environmental law enforcement in Indonesia and their relevance to citizen participation in environmental preservation. This paper aims to analyze and provide an overview of the challenges and opportunities for citizen lawsuits in Indonesia by taking into account existing practices. The results of the study show that citizen lawsuits are a concrete form of public participation in enforcing environmental law, because they are based on the public interest. In addition, there are challenges to implementing citizen lawsuits that must be studied in more depth, including: the scope which is still limited in the absence of regulations or negligence of government action, the maximum period of time when CLS can be filed, the effect of government lawsuits/indictments on matters being sued in CLS and the executive power of the CLS decision.
{"title":"Citizens Lawsuit: Development And Its Implementation In Environmental Law Enforcement In Indonesia (Case Study: High Court Decision No. 549/Pdt/2022/PT DKI Concerning Citizens Lawsuit for DKI Jakarta Air Pollution)","authors":"Muhamad Nafi Uz Zaman","doi":"10.15294/ipmhi.v3i2.67370","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67370","url":null,"abstract":"Citizen lawsuit as a form of lawsuit in enforcing environmental law has already been applied several times in judicial practice in Indonesia. However, the citizen lawsuit mechanism does not yet have specific rules, so the detailed provisions have not been determined either. This raises questions about the development and application of citizen lawsuits in environmental law enforcement in Indonesia and their relevance to citizen participation in environmental preservation. This paper aims to analyze and provide an overview of the challenges and opportunities for citizen lawsuits in Indonesia by taking into account existing practices. The results of the study show that citizen lawsuits are a concrete form of public participation in enforcing environmental law, because they are based on the public interest. In addition, there are challenges to implementing citizen lawsuits that must be studied in more depth, including: the scope which is still limited in the absence of regulations or negligence of government action, the maximum period of time when CLS can be filed, the effect of government lawsuits/indictments on matters being sued in CLS and the executive power of the CLS decision.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313596","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 : 2023-07-31DOI: 10.15294/ipmhi.v3i2.71165
Toni Toni, Winanda Kusuma, A Cery Kurnia, Muhamad syaiful Anwar, Rafiqa Sari
The sea as an important area in a country must be able to be maintained both for state sovereignty and respect for sovereign rights. This is regulated in the jurisdiction of the territorial sea regime which applies sovereignty and the EEZ regime which applies sovereign rights. This research analyzes the background of agreements on international regulation of the sea and the utilization of fisheries which are also regulated in international law. The current international law of the sea only strictly regulates regional regimes and territorial jurisdiction, while the nature of fisheries cannot follow this. This research method is normative where international fisheries law arrangements still do not exist. The vacuum of international norms is only filled by weak international agreements and their implementation cannot be forced. The history of the current international law of the sea shows that the basis of the agreement is only related to territory and respect for maritime law in the form of international customs. It needs to be understood that the sea as a natural area must be used in a sustainable manner and also must not violate, so the marine potential, especially fisheries, needs to be agreed with strict sea area regulations and optimal utilization within the framework of the welfare and sustainability of marine ecosystems.
{"title":"Exclusive Economic Zone: Contemporary Law of the Sea Fisheries Regulations","authors":"Toni Toni, Winanda Kusuma, A Cery Kurnia, Muhamad syaiful Anwar, Rafiqa Sari","doi":"10.15294/ipmhi.v3i2.71165","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.71165","url":null,"abstract":"The sea as an important area in a country must be able to be maintained both for state sovereignty and respect for sovereign rights. This is regulated in the jurisdiction of the territorial sea regime which applies sovereignty and the EEZ regime which applies sovereign rights. This research analyzes the background of agreements on international regulation of the sea and the utilization of fisheries which are also regulated in international law. The current international law of the sea only strictly regulates regional regimes and territorial jurisdiction, while the nature of fisheries cannot follow this. This research method is normative where international fisheries law arrangements still do not exist. The vacuum of international norms is only filled by weak international agreements and their implementation cannot be forced. The history of the current international law of the sea shows that the basis of the agreement is only related to territory and respect for maritime law in the form of international customs. It needs to be understood that the sea as a natural area must be used in a sustainable manner and also must not violate, so the marine potential, especially fisheries, needs to be agreed with strict sea area regulations and optimal utilization within the framework of the welfare and sustainability of marine ecosystems.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313441","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}
Government Regulation instead of Law No. 2 of 2022 concerning Job Creation (Perppu Cipta Kerja) narrows the community's space for movement and injustice in preparing an Environmental Impact Analysis (AMDAL). To answer this, the principle is reduced Sustainable Development Goals, which is believed to be able to answer various problems and challenges of environmental development and development. This study aims to determine the nature of community participation in the EIA process according to the principles of sustainable Development Goals. This research process will use a normative juridical method, with an approach statute approach and a conceptual approach. The presence of the Job Creation Perppu places limitations on the role of the community in preparing the EIA, which is contrary to the concept of Sustainable Development Goals.
{"title":"Sustainable Development Goals: Polemic Study of Analysis of Environmental Impacts After Perppu Cipta Kerja","authors":"Abdhy Walid Siagian, Habib Ferian Fajar, Rozin Falih Alify","doi":"10.15294/ipmhi.v3i2.67091","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67091","url":null,"abstract":"Government Regulation instead of Law No. 2 of 2022 concerning Job Creation (Perppu Cipta Kerja) narrows the community's space for movement and injustice in preparing an Environmental Impact Analysis (AMDAL). To answer this, the principle is reduced Sustainable Development Goals, which is believed to be able to answer various problems and challenges of environmental development and development. This study aims to determine the nature of community participation in the EIA process according to the principles of sustainable Development Goals. This research process will use a normative juridical method, with an approach statute approach and a conceptual approach. The presence of the Job Creation Perppu places limitations on the role of the community in preparing the EIA, which is contrary to the concept of Sustainable Development Goals.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313309","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 Legislation of Indonesian New Energy and Renewable Energy Law (RUU EBET) received a negative response from various circles of society and academia. Main concept of the EBET Bill as green legislation is expected could encourage the energy transition and low-carbon development by reducing fossil energy and increasing the role of renewable energy. However, the internalization of new energy sources in the formulation of the EBET Bill, which is a product of fossil energy derivatives, is considered to hinder the energy transition process, so it is encouraged to be abolished. Nevertheless, the academic paper of the EBET Bill actually reveals that there is a national interest that is also urgent to be regulated in the EBET Bill, which is state control of new energy sources whose governance is still unclear. Therefore, this paper aims to explain the juridical conflict in the position of the EBET Bill as green legislation and at the same time as an instrument of state control over natural resources. The method used is normative juridical with statutory and conceptual approaches. The results of the research show that the EBET Bill should have two complementary goals, namely mitigating climate change through accelerating the energy transition and managing new energy sources that are still not organized in an orderly manner. The two goals are not to contradict one another, but serve as mutually reinforcing roadmaps.
Keywords EBET Bill, Green Legislation, New Energy Source, New Energy, State Control.
{"title":"The Legal Challenges to Regulate New Energy in Indonesia :A Context of Green Legislation Vs State Control","authors":"Rahadyan Fajar Harris, Indria Wahyuni, Wilda Prihatiningtyas","doi":"10.15294/ipmhi.v3i2.67513","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67513","url":null,"abstract":"The Legislation of Indonesian New Energy and Renewable Energy Law (RUU EBET) received a negative response from various circles of society and academia. Main concept of the EBET Bill as green legislation is expected could encourage the energy transition and low-carbon development by reducing fossil energy and increasing the role of renewable energy. However, the internalization of new energy sources in the formulation of the EBET Bill, which is a product of fossil energy derivatives, is considered to hinder the energy transition process, so it is encouraged to be abolished. Nevertheless, the academic paper of the EBET Bill actually reveals that there is a national interest that is also urgent to be regulated in the EBET Bill, which is state control of new energy sources whose governance is still unclear. Therefore, this paper aims to explain the juridical conflict in the position of the EBET Bill as green legislation and at the same time as an instrument of state control over natural resources. The method used is normative juridical with statutory and conceptual approaches. The results of the research show that the EBET Bill should have two complementary goals, namely mitigating climate change through accelerating the energy transition and managing new energy sources that are still not organized in an orderly manner. The two goals are not to contradict one another, but serve as mutually reinforcing roadmaps.
 Keywords EBET Bill, Green Legislation, New Energy Source, New Energy, State Control.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313311","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 : 2023-07-31DOI: 10.15294/ipmhi.v3i2.71410
Muhammad Wahyu Saiful Huda, Syahlila Umaya Astrovanapoe, Tia Amalia, Dian Latifiani
The law that regulates all lines of life is included in regulating legal aid. Indonesia as a rule of law country certainly regulates the implementation of legal aid. However, in practice, legal aid in Indonesia is considered not to have run optimally because many people find it difficult to get legal assistance when they experience problems related to law from a civil-criminal perspective as well as state administration. This of course causes misery to the community and it can be judged that the community does not experience prosperity. Therefore, the author wants to examine this problem using normative juridical research methods. And found that there are problems juridically from Law Number 16 of 2011 Concerning Legal Aid, the community, and executors providing legal aid. especially oversight of funds for the provision of legal aid. Therefore it is necessary to change from a juridical and implementation perspective to be regulated again in order to meet the needs of the Indonesian people.
{"title":"Implementation of Law Number 16 of 2011 Concerning Legal Aid as a Form of Implementation of the Welfare Law State Concept","authors":"Muhammad Wahyu Saiful Huda, Syahlila Umaya Astrovanapoe, Tia Amalia, Dian Latifiani","doi":"10.15294/ipmhi.v3i2.71410","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.71410","url":null,"abstract":"The law that regulates all lines of life is included in regulating legal aid. Indonesia as a rule of law country certainly regulates the implementation of legal aid. However, in practice, legal aid in Indonesia is considered not to have run optimally because many people find it difficult to get legal assistance when they experience problems related to law from a civil-criminal perspective as well as state administration. This of course causes misery to the community and it can be judged that the community does not experience prosperity. Therefore, the author wants to examine this problem using normative juridical research methods. And found that there are problems juridically from Law Number 16 of 2011 Concerning Legal Aid, the community, and executors providing legal aid. especially oversight of funds for the provision of legal aid. Therefore it is necessary to change from a juridical and implementation perspective to be regulated again in order to meet the needs of the Indonesian people.
","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313313","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 : 2023-01-01DOI: 10.15294/ipmhi.v3i1.57585
Billa Ratuwibawa Nyimasmukti, Mustika Setianingrum Wijayanti, Dewi Bella Juniarti
Virtual land as a blockchain-based digital asset in the metaverse is becoming popular and is considered to have high investment potential. There are no ordinance governing the ownership and the trading transaction (buying and selling) of virtual land in Indonesia, giving rise to debates regarding the fulfillment of the essential elements of trading virtual land which consists of objects and prices. Consider, the determination of a thing included in the object is based on the provisions in the law of objects conforming to the Civil Code which is closed. In addition, the price used in trading is stated in cryptocurrency, even though based on Article 35 of Central Bank of Indonesia Regulation Number 18/40/PBI/2016 and Article 8 paragraph 2 of Central Bank of Indonesia Regulation Number 19/12/PBI/2017 have explained the prohibition on payment with cryptocurrency or virtual currency. Whether or not the essential elements in a transaction can result in the transaction being declared null and void. The normative-juridical method uses secondary data, including: primary, secondary and tertiary legal materials. In addition, this research utilizes the legal and conceptual approach used by this research. The results indicated that the object element in the virtual land trading transaction in the metaverse has been fulfilled, but the price element is not fulfilled thus the framework of the agreement that should be embedded in the virtual land transfer transaction using cryptocurrency is swap assets, not trading.
{"title":"An Essential Elements in Virtual Land Buying Transactions as Digital Asets in Metaverse Based onn Indonesian Positive Law","authors":"Billa Ratuwibawa Nyimasmukti, Mustika Setianingrum Wijayanti, Dewi Bella Juniarti","doi":"10.15294/ipmhi.v3i1.57585","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i1.57585","url":null,"abstract":"Virtual land as a blockchain-based digital asset in the metaverse is becoming popular and is considered to have high investment potential. There are no ordinance governing the ownership and the trading transaction (buying and selling) of virtual land in Indonesia, giving rise to debates regarding the fulfillment of the essential elements of trading virtual land which consists of objects and prices. Consider, the determination of a thing included in the object is based on the provisions in the law of objects conforming to the Civil Code which is closed. In addition, the price used in trading is stated in cryptocurrency, even though based on Article 35 of Central Bank of Indonesia Regulation Number 18/40/PBI/2016 and Article 8 paragraph 2 of Central Bank of Indonesia Regulation Number 19/12/PBI/2017 have explained the prohibition on payment with cryptocurrency or virtual currency. Whether or not the essential elements in a transaction can result in the transaction being declared null and void. The normative-juridical method uses secondary data, including: primary, secondary and tertiary legal materials. In addition, this research utilizes the legal and conceptual approach used by this research. The results indicated that the object element in the virtual land trading transaction in the metaverse has been fulfilled, but the price element is not fulfilled thus the framework of the agreement that should be embedded in the virtual land transfer transaction using cryptocurrency is swap assets, not trading.
","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358651","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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