Pub Date : 2022-07-06DOI: 10.15294/pandecta.v17i1.35812
A. Widyawati, Dian Latifiani, Nurul Fibrianti, Ridwan Arifin, Rohmat Rohmat
Reforming the criminal application legislation in the national legal system is critical. This research uses the paradigm of legal constructivism and the type of research used is juridical-sociological. Criminal law enforcement regulations are currently still scattered in various laws and regulations, it is not impossible that they will disrupt the law enforcement system, especially in the implementation of criminal decisions/actions. Character building is an effort to establish a conservation value system to achieve the value of justice, the value of certainty and the value of benefit in law enforcement for the implementation of criminal law. Therefore, efforts are needed to enforce the law on the implementation of criminal law through a juridical-scientific-religious approach that is oriented (guided) on “science” (criminal implementation law) and “God’s guidance”. The juridical-scientific religious approach is realized as a concrete effort to reform the law through reforming the substance and culture of the law. In reforming the legal substance, the religious approach is carried out by making religious teachings a source of motivation, inspiration, and creative evaluation source in building legal people with noble character, so that concrete efforts must be developed in the content of national legal development policies.
{"title":"Application of The Juridic-Scientific Religious Approach Model in Execution of Penal Law Enforcement","authors":"A. Widyawati, Dian Latifiani, Nurul Fibrianti, Ridwan Arifin, Rohmat Rohmat","doi":"10.15294/pandecta.v17i1.35812","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.35812","url":null,"abstract":"Reforming the criminal application legislation in the national legal system is critical. This research uses the paradigm of legal constructivism and the type of research used is juridical-sociological. Criminal law enforcement regulations are currently still scattered in various laws and regulations, it is not impossible that they will disrupt the law enforcement system, especially in the implementation of criminal decisions/actions. Character building is an effort to establish a conservation value system to achieve the value of justice, the value of certainty and the value of benefit in law enforcement for the implementation of criminal law. Therefore, efforts are needed to enforce the law on the implementation of criminal law through a juridical-scientific-religious approach that is oriented (guided) on “science” (criminal implementation law) and “God’s guidance”. The juridical-scientific religious approach is realized as a concrete effort to reform the law through reforming the substance and culture of the law. In reforming the legal substance, the religious approach is carried out by making religious teachings a source of motivation, inspiration, and creative evaluation source in building legal people with noble character, so that concrete efforts must be developed in the content of national legal development policies.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81060848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.34948
Nyoman Mas Aryani, Ayu Putu Laksmi Danyathi, Bagus Hermanto
This article focused on the dynamics following the enactment of the Law on Job Creation. Pros and cons were raised publicly, with proponents arguing that the Omnibus Legislation method could be used to propose leaps and further forward steps for national economic acceleration with more effective and efficient investment and the creation of new job fields in Indonesia. However, the opposition argued that this law, enacted using the Omnibus Legislation method, was not prepared and did not involve workers or worker unions in the lawmaking process prior to its enactment. Furthermore, this law has crucial and controversial provisions that weaken workers’ rights fulfillment compared to the previous arrangement. This condition is the primary issue that created a chasm between workers with their rights and their employers, and it is the basis for further analysis of legal norms in the entirety of the Law on Manpower and the Law on Job Creation. With the use of a normative legal research method supported by a statutory law approach and a legal conceptual approach, as well as a legal material searching method and argumentative analysis, legal research is conducted. This article discovers and proposes fundamental principles, concept formulation, and concept proof comprehensively regarding Employment Law policy dynamics in Indonesia and pursues basic rights of workers protection after enactment of the Omnibus Law on Job Creation to ensure the realization of worker rights protection including industrial relations problem, and certainty guarantee that Employer must fulfill.
{"title":"Quo Vadis Protection of The Basic Rights of Indonesian Workers: Highlighting The Omnibus Legislation and Job Creation Law","authors":"Nyoman Mas Aryani, Ayu Putu Laksmi Danyathi, Bagus Hermanto","doi":"10.15294/pandecta.v17i1.34948","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.34948","url":null,"abstract":"This article focused on the dynamics following the enactment of the Law on Job Creation. Pros and cons were raised publicly, with proponents arguing that the Omnibus Legislation method could be used to propose leaps and further forward steps for national economic acceleration with more effective and efficient investment and the creation of new job fields in Indonesia. However, the opposition argued that this law, enacted using the Omnibus Legislation method, was not prepared and did not involve workers or worker unions in the lawmaking process prior to its enactment. Furthermore, this law has crucial and controversial provisions that weaken workers’ rights fulfillment compared to the previous arrangement. This condition is the primary issue that created a chasm between workers with their rights and their employers, and it is the basis for further analysis of legal norms in the entirety of the Law on Manpower and the Law on Job Creation. With the use of a normative legal research method supported by a statutory law approach and a legal conceptual approach, as well as a legal material searching method and argumentative analysis, legal research is conducted. This article discovers and proposes fundamental principles, concept formulation, and concept proof comprehensively regarding Employment Law policy dynamics in Indonesia and pursues basic rights of workers protection after enactment of the Omnibus Law on Job Creation to ensure the realization of worker rights protection including industrial relations problem, and certainty guarantee that Employer must fulfill.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76921924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.33299
B. Heryanti, A. Sihotang
The goal of this research is twofold: to investigate and evaluate the existing model for the resolution of disputes concerning customary rights in Indonesia and to devise a model for the resolution of such conflicts that is founded on participatory justice and is appropriate for use in an era in which sustainable development is a priority. The Juridical Empirical approach is employed as the methodology for this investigation. According to the study’s findings, the lack of instruments or mechanisms for resolving ulayat land disputes will make it difficult for indigenous peoples to gain access to the magical religious values of indigenous peoples related to the spiritual, social, and cultural values of indigenous peoples. These magical religious values are tied to indigenous peoples’ traditional ways of life. Indigenous peoples’ rights can be protected through participatory justice by exerting influence over the processes and policies involved in the resolution of ulayat land disputes. This ensures that indigenous peoples will continue to have access to social rights and human rights about preserving their values, spiritual, social, and cultural qualities sustainably.
{"title":"Model for Ulayat Land Dispute Resolution Based on Participatory Justice in the Era of Sustainable Development","authors":"B. Heryanti, A. Sihotang","doi":"10.15294/pandecta.v17i1.33299","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.33299","url":null,"abstract":"The goal of this research is twofold: to investigate and evaluate the existing model for the resolution of disputes concerning customary rights in Indonesia and to devise a model for the resolution of such conflicts that is founded on participatory justice and is appropriate for use in an era in which sustainable development is a priority. The Juridical Empirical approach is employed as the methodology for this investigation. According to the study’s findings, the lack of instruments or mechanisms for resolving ulayat land disputes will make it difficult for indigenous peoples to gain access to the magical religious values of indigenous peoples related to the spiritual, social, and cultural values of indigenous peoples. These magical religious values are tied to indigenous peoples’ traditional ways of life. Indigenous peoples’ rights can be protected through participatory justice by exerting influence over the processes and policies involved in the resolution of ulayat land disputes. This ensures that indigenous peoples will continue to have access to social rights and human rights about preserving their values, spiritual, social, and cultural qualities sustainably.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87250582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.31236
Ira Fadilla Rohmadanti, Febriansyah Ramadhan, Ilham Dwi Rafiqi
Domestic refining practices of minerals and coal in Indonesia have not run efficiently and provided provisions for the country. The challenge of realizing the purification policy comes in turn, one of which is the problem of regulation. Hence, this study aims to examine and analyze mineral and coal (referred to as minerba) refining policy in the country in the laws and regulations, ranging from the level of legislation to implementing regulations. The research method used is normative legal research using a statutory and conceptual approach. The results showed that domestic minerba refining policies stated in many rules tends to be not one-way and is flexible, indicated by frequent changes in domestic refining policy. As a result, it causes disharmony between the Minerba Bill and the implementing regulations. Some implementing regulations, particularly Ministerial Regulations, are not in accordance with the principle of the obligation to increase the value-add by carrying out processing and refining domestically. Moreover, the regulation is considered contradictory due to providing opportunities for exporting minerals that have not been processed and refined, leading to reduced state revenues and impact on state losses.
{"title":"Disharmony of Domestic Refining Provisons for Mineral and Coal in Indonesian Laws and Regulations","authors":"Ira Fadilla Rohmadanti, Febriansyah Ramadhan, Ilham Dwi Rafiqi","doi":"10.15294/pandecta.v17i1.31236","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.31236","url":null,"abstract":"Domestic refining practices of minerals and coal in Indonesia have not run efficiently and provided provisions for the country. The challenge of realizing the purification policy comes in turn, one of which is the problem of regulation. Hence, this study aims to examine and analyze mineral and coal (referred to as minerba) refining policy in the country in the laws and regulations, ranging from the level of legislation to implementing regulations. The research method used is normative legal research using a statutory and conceptual approach. The results showed that domestic minerba refining policies stated in many rules tends to be not one-way and is flexible, indicated by frequent changes in domestic refining policy. As a result, it causes disharmony between the Minerba Bill and the implementing regulations. Some implementing regulations, particularly Ministerial Regulations, are not in accordance with the principle of the obligation to increase the value-add by carrying out processing and refining domestically. Moreover, the regulation is considered contradictory due to providing opportunities for exporting minerals that have not been processed and refined, leading to reduced state revenues and impact on state losses.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78426424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.33036
Sultan Fauzan Hanif
Seriousness in eradicating KKN as a whole and not only focusing on eradicating corruption alone is in line with the regulations regarding collusion and nepotism in the Law on the Implementation of Clean and KKN-free Government. In the legislation, collusion and nepotism are formulated as criminal acts whose perpetrators are threatened with criminal sanctions. This means that collusion and nepotism are actions that are prohibited by the law. Indonesia has a Special Court to hear corruption cases, but these courts do not have the authority to try criminal acts of collusion and nepotism. The formulation of the problem raised in this paper is 1) What is the urgency of determining the court that is authorized to adjudicate criminal acts of collusion and nepotism? 2) What is the legal policy that should be related to the authority to adjudicate criminal acts of collusion and nepotism? The research method used `is normative legal research. The results of the study indicate that although juridically, the crime of collusion and nepotism should be tried in the general court, in this case the district court, in practice, the crime of nepotism has been tried and decided at the Corruption Court at the Class IA Bengkulu District Court in Decision Number 61/Pid. Sus-TPK/2016/PN.Bg. Therefore, it is necessary to clarify what court is authorized to adjudicate criminal acts of collusion and nepotism. The legal policy that related to the authority to adjudicate criminal acts of collusion and nepotism should be to expand as a step to strengthen the comprehensive eradication of KKN, if these steps are not taken, it is important to revoke the provisions for criminal acts of collusion and nepotism contained in the Law on the Implementation of Clean and KKN-free Government to ensure legal certainty .
{"title":"Broaden The Authority of The Corruption Criminal Act Courts in Order to Eradicate Corruption, Colusion and Nepotism","authors":"Sultan Fauzan Hanif","doi":"10.15294/pandecta.v17i1.33036","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.33036","url":null,"abstract":"Seriousness in eradicating KKN as a whole and not only focusing on eradicating corruption alone is in line with the regulations regarding collusion and nepotism in the Law on the Implementation of Clean and KKN-free Government. In the legislation, collusion and nepotism are formulated as criminal acts whose perpetrators are threatened with criminal sanctions. This means that collusion and nepotism are actions that are prohibited by the law. Indonesia has a Special Court to hear corruption cases, but these courts do not have the authority to try criminal acts of collusion and nepotism. The formulation of the problem raised in this paper is 1) What is the urgency of determining the court that is authorized to adjudicate criminal acts of collusion and nepotism? 2) What is the legal policy that should be related to the authority to adjudicate criminal acts of collusion and nepotism? The research method used `is normative legal research. The results of the study indicate that although juridically, the crime of collusion and nepotism should be tried in the general court, in this case the district court, in practice, the crime of nepotism has been tried and decided at the Corruption Court at the Class IA Bengkulu District Court in Decision Number 61/Pid. Sus-TPK/2016/PN.Bg. Therefore, it is necessary to clarify what court is authorized to adjudicate criminal acts of collusion and nepotism. The legal policy that related to the authority to adjudicate criminal acts of collusion and nepotism should be to expand as a step to strengthen the comprehensive eradication of KKN, if these steps are not taken, it is important to revoke the provisions for criminal acts of collusion and nepotism contained in the Law on the Implementation of Clean and KKN-free Government to ensure legal certainty .","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"1091 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76722762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.34048
Suwinto Johan, S. Sugiarto
Financial technology (fintech) has outgrown its capacity. Industry supervision and consumer protection have become a challenge. Until now, the Indonesian Financial Services Authority (OJK) has been considered responsible for supervising the financial technology industry. The purpose of this research is to determine whether the Indonesian Financial Services Authority is capable of leading the fintech industry and whether a separate agency to oversee the fintech industry is necessary. This study employs a normative juridical methodology. This study examines the entire financial industry. According to this research, the Indonesian Financial Services Authority lacks the authority to regulate the fintech industry. The government should enact special legislation and regulations to govern the fintech industry. The regulator must consider creating a separate agency to supervise the fintech industry, similar to the Indonesian Financial Services Authority. This particular agency is comprised of individuals with ties to the financial sector, the telecommunications industry, and other law enforcement personnel.
{"title":"Who Should Regulate The Industry of Financial Technology?","authors":"Suwinto Johan, S. Sugiarto","doi":"10.15294/pandecta.v17i1.34048","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.34048","url":null,"abstract":"Financial technology (fintech) has outgrown its capacity. Industry supervision and consumer protection have become a challenge. Until now, the Indonesian Financial Services Authority (OJK) has been considered responsible for supervising the financial technology industry. The purpose of this research is to determine whether the Indonesian Financial Services Authority is capable of leading the fintech industry and whether a separate agency to oversee the fintech industry is necessary. This study employs a normative juridical methodology. This study examines the entire financial industry. According to this research, the Indonesian Financial Services Authority lacks the authority to regulate the fintech industry. The government should enact special legislation and regulations to govern the fintech industry. The regulator must consider creating a separate agency to supervise the fintech industry, similar to the Indonesian Financial Services Authority. This particular agency is comprised of individuals with ties to the financial sector, the telecommunications industry, and other law enforcement personnel.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"163 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83234197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.35401
Agustianto Agustianto
Standard agreements have been applied to the current business world in Indonesia. Problem in this research is relating to the standard agreement contains an exoneration clause that may cause detrimental to consumers. The purpose of this study is to analyze the legal protection in Indonesia for consumers related to standard agreements. The method in this research is normative juridical and the use of the theory of legal protection by Philipus M. Hadjon and the theory of law as a tool of social engineering by Roscoe Pound. Based on the research results, Law Number 8 of 1999 concerning Consumer Protection has provided repressive approaches, namely the protection given at the end and preventive namely the protection provided when a violation occurs. Legal protection has not been able to become a tool in social engineering, changing people’s behavior and creating a civilized society. Therefore, the recommendation in this study is that Law Number 8 of 1999 concerning Consumer Protection should be amended by containing strict sanctions for business actors who apply standard agreements containing exoneration clauses in the hope that these sanctions can provide a deterrent effect and can change people’s behavior to obey the laws that have been regulated.
{"title":"An Exoneration Clause in Standard Agreements: Problems in Consumer Protection","authors":"Agustianto Agustianto","doi":"10.15294/pandecta.v17i1.35401","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.35401","url":null,"abstract":"Standard agreements have been applied to the current business world in Indonesia. Problem in this research is relating to the standard agreement contains an exoneration clause that may cause detrimental to consumers. The purpose of this study is to analyze the legal protection in Indonesia for consumers related to standard agreements. The method in this research is normative juridical and the use of the theory of legal protection by Philipus M. Hadjon and the theory of law as a tool of social engineering by Roscoe Pound. Based on the research results, Law Number 8 of 1999 concerning Consumer Protection has provided repressive approaches, namely the protection given at the end and preventive namely the protection provided when a violation occurs. Legal protection has not been able to become a tool in social engineering, changing people’s behavior and creating a civilized society. Therefore, the recommendation in this study is that Law Number 8 of 1999 concerning Consumer Protection should be amended by containing strict sanctions for business actors who apply standard agreements containing exoneration clauses in the hope that these sanctions can provide a deterrent effect and can change people’s behavior to obey the laws that have been regulated.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78300770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.34806
R. Bintoro, Noor Dzuhaidah Dzuhaidah, Antonius Sidik Maryono, S. Sanyoto, Weda Kupita
Regulation of the Minister of State for Agrarian Affairs/ Head of the National Land Agency No. 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration contains regulations regarding the classification of the population in the preparation of a certificate of inheritance. At present, such arrangements are considered irrelevant, especially since there are already regulations concerning citizenship and population administration in a law. Therefore, this article discusses the ontological basis for regulating population classification in Indonesia. In order to answer these problems, three normative research approaches are used, in the form of a statutory approach, a historical approach and a conceptual approach. This study uses primary and secondary sources of legal material, which after an inventory has been processed and analyzed using a qualitative approach. The classification of the Indonesian population, when viewed from an ontological study, was a policy of the Dutch East Indies government to divide the Indonesian nation and reduce the power of customary law and Islamic law that developed in society. However, if judging from the existence of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997, the classification of the population which has implications for the institution authorized to make certificates of inheritance is not due to the politics of dividing the Indonesian nation. This rule exists because it is still possible for people to submit to the law of inheritance of Burgelik Wetboek. This regulation in the statutory system is hierarchically positioned lower than the law. Even though this regulation is inferior and contradicts the Citizenship Law and the Population Administration Law, and therefore contradicts the principle of lex superior derogate legi inferiori, but to prevent a legal vacuum this Ministerial regulation is still in effect.
{"title":"Ontological Study of The Classification of People in The Transfer of Land Rights in Realizing Legal Certainty","authors":"R. Bintoro, Noor Dzuhaidah Dzuhaidah, Antonius Sidik Maryono, S. Sanyoto, Weda Kupita","doi":"10.15294/pandecta.v17i1.34806","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.34806","url":null,"abstract":"Regulation of the Minister of State for Agrarian Affairs/ Head of the National Land Agency No. 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration contains regulations regarding the classification of the population in the preparation of a certificate of inheritance. At present, such arrangements are considered irrelevant, especially since there are already regulations concerning citizenship and population administration in a law. Therefore, this article discusses the ontological basis for regulating population classification in Indonesia. In order to answer these problems, three normative research approaches are used, in the form of a statutory approach, a historical approach and a conceptual approach. This study uses primary and secondary sources of legal material, which after an inventory has been processed and analyzed using a qualitative approach. The classification of the Indonesian population, when viewed from an ontological study, was a policy of the Dutch East Indies government to divide the Indonesian nation and reduce the power of customary law and Islamic law that developed in society. However, if judging from the existence of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997, the classification of the population which has implications for the institution authorized to make certificates of inheritance is not due to the politics of dividing the Indonesian nation. This rule exists because it is still possible for people to submit to the law of inheritance of Burgelik Wetboek. This regulation in the statutory system is hierarchically positioned lower than the law. Even though this regulation is inferior and contradicts the Citizenship Law and the Population Administration Law, and therefore contradicts the principle of lex superior derogate legi inferiori, but to prevent a legal vacuum this Ministerial regulation is still in effect.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74811107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.34539
K. Umam, Vina Berliana Kimberly
Legal analysis are necessary to the general considerations for merging in order to create a national banking industry structure that is strong and competitive and responsive to future challenges and special considerations for the merger of PT BNI Syariah and PT Bank Syariah Mandiri into PT Bank Syariah Indonesia, namely as an effort to create new and contributing national development workers. Towards the welfare of the wider community and shows the performance of sharia banking in Indonesia which is modern, universal, and provides goodness for all nature (Rahmatan Lil ‘Aalamiin). This issue has significance to be studied based on law and sharia because it can be a legal reference in the future. The research was conducted based on normative legal research and qualitative analysis. The result of this research shows that the considerations and the merger process are based on statutory regulations and have complied with sharia principles in the sense of fulfilling the values and objectives of Islamic banks, as well as being in line with the function of law as a means of development in order to achieve the benefit of the people and all the people of Indonesia.
法律分析对于合并的一般考虑是必要的，以便创建一个强大的、有竞争力的、对未来挑战作出反应的国家银行业结构，以及将PT BNI Syariah和PT Bank Syariah Mandiri合并为PT Bank Syariah Indonesia的特殊考虑，即努力创造新的和有贡献的国家发展工作者。为了更广泛的社区的福利，并展示了伊斯兰教银行在印度尼西亚的表现，这是现代的，普遍的，并为所有自然提供了好处(Rahmatan Lil ' alamiin)。这一问题在法律和伊斯兰教法的基础上进行研究具有重要意义，可以为今后的法律研究提供参考。本研究是在规范法律研究和定性分析的基础上进行的。本研究的结果表明，考虑和合并过程是基于法定法规，并在履行伊斯兰银行的价值观和目标的意义上符合伊斯兰教法原则，以及符合法律作为一种发展手段的功能，以实现人民和印度尼西亚所有人民的利益。
{"title":"Analysis of The Merger of PT Bank Syariah Indonesia in Legal and Sharia Perspective","authors":"K. Umam, Vina Berliana Kimberly","doi":"10.15294/pandecta.v17i1.34539","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.34539","url":null,"abstract":"Legal analysis are necessary to the general considerations for merging in order to create a national banking industry structure that is strong and competitive and responsive to future challenges and special considerations for the merger of PT BNI Syariah and PT Bank Syariah Mandiri into PT Bank Syariah Indonesia, namely as an effort to create new and contributing national development workers. Towards the welfare of the wider community and shows the performance of sharia banking in Indonesia which is modern, universal, and provides goodness for all nature (Rahmatan Lil ‘Aalamiin). This issue has significance to be studied based on law and sharia because it can be a legal reference in the future. The research was conducted based on normative legal research and qualitative analysis. The result of this research shows that the considerations and the merger process are based on statutory regulations and have complied with sharia principles in the sense of fulfilling the values and objectives of Islamic banks, as well as being in line with the function of law as a means of development in order to achieve the benefit of the people and all the people of Indonesia.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73802999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-04DOI: 10.15294/pandecta.v17i1.32557
Suwarsit Suwarsit, Yoyo Arifardhani
Article 154 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining has regulated dispute resolution through domestic courts and arbitration. In fact, the dispute resolution such as the divestment cases of PT Newmont Nusa Tenggara and PT Kaltim Prima Coal was settled at the International Arbitration Institute. Furthermore, the resolution of the dispute over the divestment of mineral and coal mining shares against PT Newmont Nusa Tenggara and PT Kaltim Prima Coal through the International Arbitration Institute was accepted and some were rejected. The purpose of this research is to find the settlement of mineral and coal mining disputes and the implementation of international arbitration decisions. The results of the study show that in addition to resolving mineral and coal mining disputes, contracts made by mining business actors with the Government of Indonesia, both Contracts of Work and Coal Mining Concession Work Agreements, dispute resolution is carried out through International Arbitration institutions besides being regulated through courts and domestic arbitration. The implementation of international arbitral awards according to Indonesian law must meet several conditions, one of which is that the decision is handed down by an arbitrator or arbitral tribunal in a country with the Indonesian state bound by agreements, both bilaterally and multilaterally. Regarding the recognition and implementation of international arbitration awards, if the starting point is Article 3 in the New York Convention, a request for recognition and execution from one of the participating countries to a participant in another country must be executed, but Article 5 of the New York Convention provides the possibility for a participating country to refuse it.
2009年印度尼西亚共和国关于矿物和煤炭开采的第4号法第154条规定了通过国内法院和仲裁解决争端的办法。事实上，Newmont Nusa Tenggara和Kaltim Prima Coal的撤资案等争议解决都是在国际仲裁院解决的。此外，通过国际仲裁机构解决纽蒙特努沙登加拉矿业公司和卡蒂姆普里马矿业公司的矿物和煤炭开采股份的撤资争端得到了接受，有些被拒绝。本研究的目的是寻找解决矿产和煤炭开采纠纷和执行国际仲裁裁决。研究结果表明，除了解决矿物和煤炭开采争端、采矿企业行为者与印度尼西亚政府签订的合同、工作合同和煤矿特许工作协议之外，除了通过法院和国内仲裁加以管制外，还通过国际仲裁机构解决争端。根据印尼法律执行国际仲裁裁决必须满足几个条件，其中之一是裁决是由与印尼有双边和多边协议约束的国家的仲裁员或仲裁庭作出的。关于国际仲裁裁决的承认与执行，如果以《纽约公约》第3条为起点，一国向另一国的参与人提出的承认与执行请求必须执行，但《纽约公约》第5条为参与国提供了拒绝承认与执行的可能性。
{"title":"The Settlement of Mining Disputes and The Implementation of International Arbitration Awards","authors":"Suwarsit Suwarsit, Yoyo Arifardhani","doi":"10.15294/pandecta.v17i1.32557","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.32557","url":null,"abstract":"Article 154 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining has regulated dispute resolution through domestic courts and arbitration. In fact, the dispute resolution such as the divestment cases of PT Newmont Nusa Tenggara and PT Kaltim Prima Coal was settled at the International Arbitration Institute. Furthermore, the resolution of the dispute over the divestment of mineral and coal mining shares against PT Newmont Nusa Tenggara and PT Kaltim Prima Coal through the International Arbitration Institute was accepted and some were rejected. The purpose of this research is to find the settlement of mineral and coal mining disputes and the implementation of international arbitration decisions. The results of the study show that in addition to resolving mineral and coal mining disputes, contracts made by mining business actors with the Government of Indonesia, both Contracts of Work and Coal Mining Concession Work Agreements, dispute resolution is carried out through International Arbitration institutions besides being regulated through courts and domestic arbitration. The implementation of international arbitral awards according to Indonesian law must meet several conditions, one of which is that the decision is handed down by an arbitrator or arbitral tribunal in a country with the Indonesian state bound by agreements, both bilaterally and multilaterally. Regarding the recognition and implementation of international arbitration awards, if the starting point is Article 3 in the New York Convention, a request for recognition and execution from one of the participating countries to a participant in another country must be executed, but Article 5 of the New York Convention provides the possibility for a participating country to refuse it.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"237 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77079313","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：