This article discusses legal issues related to the history and process of the formation of the principle of legality which is a fundamental principle in criminal law in various countries, including Indonesia. Tracing the history and development of the principle of legality shows that the principle of legality is much influenced by the thoughts of philosophers from various countries. The purpose of the principle of legality is to provide guarantees and protection of human rights for citizens from the arbitrariness of the authorities in applying the provisions of criminal law. This research is a normative legal research using a conceptual approach that is grounded in theories / doctrines of legal experts used to answer legal issues / issues in this article. The analysis technique used in the writing of this article is a deductive analysis technique, and uses legal material collection techniques in the form of library research (library research) and internet search (cyber-research). The results of this study are a common thread among philosophers' thoughts which form the basis of the formation of the principle of legality, including in Indonesia which is still valid today in Article 1 paragraph (1) of the Criminal Code.
{"title":"ASAS LEGALITAS DALAM PERSPEKTIF FILSAFAT HUKUM","authors":"Vincentius Patria Setyawan","doi":"10.24002/jep.v37i1.3276","DOIUrl":"https://doi.org/10.24002/jep.v37i1.3276","url":null,"abstract":"This article discusses legal issues related to the history and process of the formation of the principle of legality which is a fundamental principle in criminal law in various countries, including Indonesia. Tracing the history and development of the principle of legality shows that the principle of legality is much influenced by the thoughts of philosophers from various countries. The purpose of the principle of legality is to provide guarantees and protection of human rights for citizens from the arbitrariness of the authorities in applying the provisions of criminal law. This research is a normative legal research using a conceptual approach that is grounded in theories / doctrines of legal experts used to answer legal issues / issues in this article. The analysis technique used in the writing of this article is a deductive analysis technique, and uses legal material collection techniques in the form of library research (library research) and internet search (cyber-research). The results of this study are a common thread among philosophers' thoughts which form the basis of the formation of the principle of legality, including in Indonesia which is still valid today in Article 1 paragraph (1) of the Criminal Code.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41373360","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}
Pancasila is the ground fundamental norm as the ultimate source of law in Indonesia. Based on that concept, the establishment of National Legal System shall be based on values contained in the Pancasila. One of the reforms of legal system is the establishment of restorative justice. Restorative justice is the concept where in solving criminal law matters, all related parties shall be involved. Restorative justice is the implementation of Pancasila values in the criminal justice system. The problems discussed in this paper is the urgency restorative justice concept in criminal justice system in reflecting Pancasila values. In terms of existing regulation, restorative justice is merely regulated in The Act of Juvenile Justice System (UU SPPA), the Police Commissioner’s Regulation Number 6 of 2019, and the General Attorney Regulation Number 5 of 2020. However, the implementation in practices, restorative justice still has many weaknesses, including the diversion provision. By discussion restorative justice and Pancasila, it can be stated that restorative justice aims to create social justice for everyone involved in a criminal law case and form a cultural mediation in the system. In short, restorative justice is one of crucial concepts in implementing Pancasila values.
{"title":"KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA SEBAGAI PERWUJUDAN NILAI-NILAI PANCASILA","authors":"Muhammad Fatahillah Akbar","doi":"10.24002/jep.v37i1.3821","DOIUrl":"https://doi.org/10.24002/jep.v37i1.3821","url":null,"abstract":"Pancasila is the ground fundamental norm as the ultimate source of law in Indonesia. Based on that concept, the establishment of National Legal System shall be based on values contained in the Pancasila. One of the reforms of legal system is the establishment of restorative justice. Restorative justice is the concept where in solving criminal law matters, all related parties shall be involved. Restorative justice is the implementation of Pancasila values in the criminal justice system. The problems discussed in this paper is the urgency restorative justice concept in criminal justice system in reflecting Pancasila values. In terms of existing regulation, restorative justice is merely regulated in The Act of Juvenile Justice System (UU SPPA), the Police Commissioner’s Regulation Number 6 of 2019, and the General Attorney Regulation Number 5 of 2020. However, the implementation in practices, restorative justice still has many weaknesses, including the diversion provision. By discussion restorative justice and Pancasila, it can be stated that restorative justice aims to create social justice for everyone involved in a criminal law case and form a cultural mediation in the system. In short, restorative justice is one of crucial concepts in implementing Pancasila values.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44366630","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 and analyze the provisions of Islamic Law in buying and selling transactions in electronic contracts as well as legal protection of the parties in buying and selling transactions via electronic. Normative legal research is used in this study, because this research will examine and analyze various laws and regulations concerning sale and purchase agreements made via electronic based on positive law and Islamic law. The results of the research, namely agreements or transactions electronically in Indonesia, have generally been regulated by positive law, in particular the provisions regarding the engagement set out in Book III of the Civil Code and the Agreement in general, and are regulated in the electronic information and transaction regulation. Whereas in the applicable Islamic law in Indonesia, although this electronic transaction is not specifically regulated, the rules contained in Islamic law can be accommodated in terms of electronic transactions. However, in practice in the field there may be deficiencies related to electronic transaction activities, for example regarding legal protection for consumers / buyers. For this reason, it is necessary to make more specific regulations related to legal protection in terms of electronic transactions, considering that the electronic trading system is always increasing its transaction activities and it is necessary to establish an association of merchants / sellers electronically, especially sellers who use social networking media, so that parties merchand is more detectable.
{"title":"PERBANDINGAN KONTRAK JUAL BELI ELEKTRONIK MENURUT HUKUM POSITIF DAN HUKUM ISLAM","authors":"Dimas Dwi Arso, Edytiawarman Edytiawarman, Slamet Muljono","doi":"10.24002/jep.v37i1.3278","DOIUrl":"https://doi.org/10.24002/jep.v37i1.3278","url":null,"abstract":"The purpose of this research is to find out and analyze the provisions of Islamic Law in buying and selling transactions in electronic contracts as well as legal protection of the parties in buying and selling transactions via electronic. Normative legal research is used in this study, because this research will examine and analyze various laws and regulations concerning sale and purchase agreements made via electronic based on positive law and Islamic law. The results of the research, namely agreements or transactions electronically in Indonesia, have generally been regulated by positive law, in particular the provisions regarding the engagement set out in Book III of the Civil Code and the Agreement in general, and are regulated in the electronic information and transaction regulation. Whereas in the applicable Islamic law in Indonesia, although this electronic transaction is not specifically regulated, the rules contained in Islamic law can be accommodated in terms of electronic transactions. However, in practice in the field there may be deficiencies related to electronic transaction activities, for example regarding legal protection for consumers / buyers. For this reason, it is necessary to make more specific regulations related to legal protection in terms of electronic transactions, considering that the electronic trading system is always increasing its transaction activities and it is necessary to establish an association of merchants / sellers electronically, especially sellers who use social networking media, so that parties merchand is more detectable.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47417490","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 research shows the importance of an interdisciplinary approach in examining legal issues. Apart from that, legal issues also need to be examined more critically and not to see them as a product of a vacuum without the influence of non-legal factors. This paper explains the development of critical legal geography discourse as well as the theory of social space production and spatial justice associated with this discourse. The study of spatial law has developed an interdisciplinary approach with these critical theories with a critical legal geography framework. However, studies of spatial law in Indonesia have not developed much of this discourse in examining urban problems. Only a few researches on spatial law in Indonesia uses a critical legal geography perspective based on the tracing described in this paper. In fact, urban problems in Indonesia are similar to the phenomena that underlie the emergence of discourse on critical legal geography. Therefore, the study of spatial law in Indonesia requires a more philosophical and critical approach. Various new approaches developed in legal philosophy, one of which is critical legal studies, can be an analytical method for analyzing the influence of economy and power on spatial planning in Indonesia.
{"title":"PENDEKATAN GEOGRAFI HUKUM KRITIS DALAM KAJIAN HUKUM TATA RUANG INDONESIA: SEBUAH WACANA FILSAFAT HUKUM DAN INTERDISIPLIN","authors":"Victor Imanuel W. Nalle","doi":"10.24002/jep.v37i1.4175","DOIUrl":"https://doi.org/10.24002/jep.v37i1.4175","url":null,"abstract":"The development of legal research shows the importance of an interdisciplinary approach in examining legal issues. Apart from that, legal issues also need to be examined more critically and not to see them as a product of a vacuum without the influence of non-legal factors. This paper explains the development of critical legal geography discourse as well as the theory of social space production and spatial justice associated with this discourse. The study of spatial law has developed an interdisciplinary approach with these critical theories with a critical legal geography framework. However, studies of spatial law in Indonesia have not developed much of this discourse in examining urban problems. Only a few researches on spatial law in Indonesia uses a critical legal geography perspective based on the tracing described in this paper. In fact, urban problems in Indonesia are similar to the phenomena that underlie the emergence of discourse on critical legal geography. Therefore, the study of spatial law in Indonesia requires a more philosophical and critical approach. Various new approaches developed in legal philosophy, one of which is critical legal studies, can be an analytical method for analyzing the influence of economy and power on spatial planning in Indonesia.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49596080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Malpractice still occurs a lot, both by hospitals and doctors, although there are several legal instruments that regulate hospitals, as well as medical practice with sanctions for violators of health laws. The purpose of this study is to explore the deficiencies that exist in legal policies, and to propose new legal policies in order to optimally prevent and overcome hospital malpractice. The research method used is a normative research method by examining aspects of criminal law in health law concerning malpractice, as well as theories and expert opinions for better legal policy proposals. From the qualitative analysis of primary and secondary legal material data, the following results were obtained: first, there are weaknesses in the health law policy so that it cannot prevent and overcome malpractice optimally, namely incompleteness and lack of clarity regarding the formulation of malpractice and its strict sanctions, as well as a turn towards acts against the law and the limitations of the hospital's responsibility for malpractice committed by doctors or medical personnel. Second, a new legal policy that can be proposed, namely by clearly formulating and detailing the limits of hospital malpractice in health law, accompanied by strict sanctions or accountability both criminal, civil, and administrative, the hospital is also responsible for malpractice committed by doctors with conditions in certain conditions, procedural law must be lex specialis by, for example, imposing strict liability.
{"title":"KEBIJAKAN HUKUM PIDANA TERHADAP MALPRAKTIK MEDIS PADA RUMAH SAKIT","authors":"Anny Retnowati, E. Sundari","doi":"10.24002/jep.v37i1.3303","DOIUrl":"https://doi.org/10.24002/jep.v37i1.3303","url":null,"abstract":"Malpractice still occurs a lot, both by hospitals and doctors, although there are several legal instruments that regulate hospitals, as well as medical practice with sanctions for violators of health laws. The purpose of this study is to explore the deficiencies that exist in legal policies, and to propose new legal policies in order to optimally prevent and overcome hospital malpractice. The research method used is a normative research method by examining aspects of criminal law in health law concerning malpractice, as well as theories and expert opinions for better legal policy proposals. From the qualitative analysis of primary and secondary legal material data, the following results were obtained: first, there are weaknesses in the health law policy so that it cannot prevent and overcome malpractice optimally, namely incompleteness and lack of clarity regarding the formulation of malpractice and its strict sanctions, as well as a turn towards acts against the law and the limitations of the hospital's responsibility for malpractice committed by doctors or medical personnel. Second, a new legal policy that can be proposed, namely by clearly formulating and detailing the limits of hospital malpractice in health law, accompanied by strict sanctions or accountability both criminal, civil, and administrative, the hospital is also responsible for malpractice committed by doctors with conditions in certain conditions, procedural law must be lex specialis by, for example, imposing strict liability.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47475153","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}
Mergers and acquisitions have been the driving force of the world economy and have played an important role in the strategies of many companies. To create a healthy, strong, and competitive banking structure, several steps are needed to consolidate banking sector. To realize this vision, Financial Services Authority (OJK) encourages investors and the banking industry to consolidate, including through a merger, one of those is the Merger of BTPN and SMBCI. The purpose of this article is to examine legal aspects in the merger process and procedure as well as the main issues relating to the application of principles in the protection of employees and minority shareholders. The method used to address the problems in this article is normative legal research, which shows that the merger is a horizontal merger by applying the principles of fair dealing and appraisal rights and not forgetting to apply the principle of employee protection.
{"title":"LEGAL ASPECTS OF MERGER STUDY ON PT BANK TABUNGAN PENSIUNAN NASIONAL TBK","authors":"Jesslyn Jesslyn","doi":"10.24002/jep.v37i1.3313","DOIUrl":"https://doi.org/10.24002/jep.v37i1.3313","url":null,"abstract":"Mergers and acquisitions have been the driving force of the world economy and have played an important role in the strategies of many companies. To create a healthy, strong, and competitive banking structure, several steps are needed to consolidate banking sector. To realize this vision, Financial Services Authority (OJK) encourages investors and the banking industry to consolidate, including through a merger, one of those is the Merger of BTPN and SMBCI. The purpose of this article is to examine legal aspects in the merger process and procedure as well as the main issues relating to the application of principles in the protection of employees and minority shareholders. The method used to address the problems in this article is normative legal research, which shows that the merger is a horizontal merger by applying the principles of fair dealing and appraisal rights and not forgetting to apply the principle of employee protection.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47725832","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 legal paper writing discusses the use of GPS review by online transportation drivers in Sleman Regency. The formulation problem is how to the use of GPS review by online transportation drivers in Sleman Regency. This study uses a normative legal research method supported by interviews with resource persons. Regulations using GPS on online transportation drivers while driving is fulfilling philosophically and juridically. Unfortunately, this arrangement is not sociologically recognized by the community, so it has not to be accepted and implemented. The prohibition of using GPS for online transportation drivers while driving is not optimally implementing. This is because investigators have difficulty in cracking down on online transportation drivers who see GPS while driving.
{"title":"TINJAUAN PENGGUNAAN GPS SAAT MENGEMUDI OLEH PENGEMUDI TRANSPORTASI ONLINE DI KABUPATEN SLEMAN","authors":"E. Wijaya","doi":"10.24002/jep.v37i1.3599","DOIUrl":"https://doi.org/10.24002/jep.v37i1.3599","url":null,"abstract":"This legal paper writing discusses the use of GPS review by online transportation drivers in Sleman Regency. The formulation problem is how to the use of GPS review by online transportation drivers in Sleman Regency. This study uses a normative legal research method supported by interviews with resource persons. Regulations using GPS on online transportation drivers while driving is fulfilling philosophically and juridically. Unfortunately, this arrangement is not sociologically recognized by the community, so it has not to be accepted and implemented. The prohibition of using GPS for online transportation drivers while driving is not optimally implementing. This is because investigators have difficulty in cracking down on online transportation drivers who see GPS while driving.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44464870","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}
Diah Imaningrum Susanti, Rini Susriyani, Albertus Herwanta
The objectives of this research are to describe the implementation of the rights and duties of the owners of cultural properties (Cagar Budaya) in Malang City, especially the buildings of Cor Jesu School and Kayutangan Church, as well as to describe the responsibilities of the local government in protecting the buildings stipulated as cultural properties as stated in the Law Number 11 of 2010 on Cultural Properties. The status as “cultural property” is stipulated by local government through a recommendation by a Team of Experts in Cultural Property. After the stipulation, the rights and liabilities of the owner of such cultural property take effect and the protection of the property becomes the responsibility of the local government. The approach of this research is empirical, conducted by doing in-depth interviews with the owners of cultural properties, some informants such as the Cultural and Tourism Department of Malang City, and with the Assessor of Cultural Property for those buildings. This approach is done after identifying the rights, duties, and responsibilities dealing with the cultural proprties as stipulated in the Law Number 11 of 2010 on Cultural Property. It is concluded that the law as it is written in the Law still takes great efforts to be implemented in reality, in order to fulfill the requirements stated in the Law.
{"title":"HAK DAN KEWAJIBAN PEMILIK BANGUNAN CAGAR BUDAYA DI KOTA MALANG","authors":"Diah Imaningrum Susanti, Rini Susriyani, Albertus Herwanta","doi":"10.24002/jep.v36i2.2561","DOIUrl":"https://doi.org/10.24002/jep.v36i2.2561","url":null,"abstract":"The objectives of this research are to describe the implementation of the rights and duties of the owners of cultural properties (Cagar Budaya) in Malang City, especially the buildings of Cor Jesu School and Kayutangan Church, as well as to describe the responsibilities of the local government in protecting the buildings stipulated as cultural properties as stated in the Law Number 11 of 2010 on Cultural Properties. The status as “cultural property” is stipulated by local government through a recommendation by a Team of Experts in Cultural Property. After the stipulation, the rights and liabilities of the owner of such cultural property take effect and the protection of the property becomes the responsibility of the local government. The approach of this research is empirical, conducted by doing in-depth interviews with the owners of cultural properties, some informants such as the Cultural and Tourism Department of Malang City, and with the Assessor of Cultural Property for those buildings. This approach is done after identifying the rights, duties, and responsibilities dealing with the cultural proprties as stipulated in the Law Number 11 of 2010 on Cultural Property. It is concluded that the law as it is written in the Law still takes great efforts to be implemented in reality, in order to fulfill the requirements stated in the Law. ","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47377286","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":"Subject Index Volume 36 Nomor 2 Desember 2020","authors":"Manager Justitia Et Pax","doi":"10.24002/jep.v36i2.4346","DOIUrl":"https://doi.org/10.24002/jep.v36i2.4346","url":null,"abstract":"","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42266855","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":"Author Index Volume 36 Nomor 2 Desember 2020","authors":"Manager Justitia Et Pax","doi":"10.24002/jep.v36i2.4345","DOIUrl":"https://doi.org/10.24002/jep.v36i2.4345","url":null,"abstract":"","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43251839","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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