Muzahhirin, Lalu Said Ruhpina, Crisdianto Eko Purnomo

Abstract:

This study aims to find out and understand the authority of the Election Supervisory Body which can act as an Adjudicator institution against the occurrence of electoral administrative violations and the authority to issue decisions of the Election Supervisory Board (Bawaslu) in the administrative legal system in Indonesia and to know and analyze legislation. Election Law and the Law on State Administrative Courts (PTUN). The research method used is a normative legal research method, with a regulatory approach, a conceptual approach, and a case approach.

The results of the study show that: First, Bawaslu in its position in the court of electoral administration is given the authority as an institution that can provide a verdict against the occurrence of violations of electoral administration. In this case, the Election Supervisory Body (Bawaslu) in giving a decision can be done through the Adjudication process. Secondly, the Judicial Adjudication of Bawaslu is considered to still have legal strength weaknesses in the administrative justice system because even though the verdict has the authority to be appealed, the appeal filed by the KPU institution is submitted to the first instance, namely the State Administrative Court. Appeal appeals submitted by the KPU normatively based on Law Number 48 of 2009 concerning Judicial Power were submitted to the State Administrative High Court (PT TUN).

Keywords: Bawaslu, administrative court

Full Text: PDF

Dewi Jayanti, Gatot Dwi Hendro Wibowo

Abstract:

This study aims to find out how the binding behavior and power of North Lombok Regent Regulation No. 34 of 2017 concerning Financing Systematic Land Registration Preparation, in accordance with the perspective of Law Number 12 of 2011 concerning Establishment of Legislation; What are the implications of the stipulation of North Lombok Regent Regulation Number 34 of 2017 concerning Financing Systematic Land Registration Preparation and What are the obstacles faced in preparing North Lombok Regent’s Regulation Number 34 of 2017 concerning Financing Systematic Land Registration Preparation and how to overcome these obstacles. This research is a type of normative and empirical research. The approach method used in this research is the Statute Approach, Concept Approach, Historical Approach, and Case Approach. After the information is collected, then analyzed descriptively analysis to get answers to research problems. The results of this study are in accordance with the provisions of Article 87 of Law 12 of 2011 concerning the Establishment of Legislation that laws and regulations come into force and have binding powers on the date of promulgation; the emergence of differences in perceptions between Law Enforcement Officials and the North Lombok District Government towards its implementation; lack of socialization, weak function of guidance and supervision by the Provincial Government and weak capacity of the State Civil Apparatus in the District.

Keywords: regent regulations, systematic land registration, formation of regulations

Full Text: PDF

Andik Sudarmawan, H. L. Sabardi

Abstract:

This research was conducted to find out what is the form of authority of Civil Servant Investigators in the process of investigating shipping crimes under Law No. 17 of 2008 concerning Shipping and What is the mechanism for examining Suspects of shipping crimes by Civil Servant Investigators according to Law No. 17 of 2008 concerning Shipping?. The research uses a normative approach, although it does not rule out the possibility of an empirical approach, especially as a supporter. The results obtained are that investigators of civil servants in the investigation process of shipping crimes have quite extensive authority as stated in Article 283 of Law No. 17 of 2008. Examination mechanisms include a) Investigation or supervision; b) Investigating criminal acts of shipping, and filing cases and submission of case files. In this paper, it is suggested: For Civil Servant Investigators (PPNS) Shahbandar to continue to coordinate and collaborate continuously and continuously between the Directorate General of Civil Service Investigators in this case Shahbandar Civil Servant Investigator (PPNS), Nusa Tenggara Barat with the Indonesian Police investigator. It is always necessary to carry out monitoring and supervision that is inherent from the internal institutions of the Directorate General of Transportation designated for that.

Keywords: authority, Shahbandar, investigation, shipping crime

Full Text: PDF

Sulistyanta, Nur Salam, Sebastianus Adi Santoso Mola, Fredyk M. Haba Djingi, Yossie M. L. Jacob, Fatma Ayu Jati Putri

Abstract:

The results of previous studies have detected the great budget needed by a number of State Judiciaries in the archipelagic areas such as NTT in prosecuting 1 (one) case in the Corruption Court of Kupang. These costs generally exceed the limit cost for predetermined prosecution of Rp. 190,000,000,-. In order to deduct this cost through research, there are 2 (two) models of corruption court resulted tentatively-theoretically. They are IT-based corruption courts and conventional sub-region-based corruption court. Each of which has a significant advantage if compared in terms of cost, time and technology. However,the IT-based corruption court model relatively saves more time and money. Therefore, the IT-based sub-region corruption court model is more appropriate to the fast, cheap, and simple judicial principle. These alternative models of corruption court in addition to contributing to the theoretical level for the future development of a justice system, is expected to be a model for the development of the justice system in other archipelagic areas in Indonesia. Trials of IT-based sub-region justice models have been conducted. The results of the trial are concluded to be sufficient to meet the standards of the trial process implementation. There are 2 (two) important obstacles to note: Firstly, infrastructure in terms of bandwidth provision, which is related to the upstream guarantee (data upload speed) and downstream (data download speed). This factor is influenced by the use of radio from transmitters in the region to the user although there is a connection connected from the center through the optical fiber. Secondly, the IT-based sub-region justice process is still debatable (each being debated) regarding its normative juridical basis as well as the accuracy of the judges and participants of the judicial process in attending the trial. The failure to provide the number of HD-Logitechcamera is the significant reason of inaccurate judiciary. This can lead to misinterpretation by the judge in giving a good evaluation of the accused, witnesses and public prosecutors, especially reading “gestures” whether witnesses and defendants have been honest or lying in expressing their testimony and / or their detention before the panel of judges.

Keywords: corruption court, archipelagic area, IT, model

Full Text: PDF

Erry Prihantono, Zainal Asikin, Djumardin

Abstract:

This research was conducted to find out How the Implementation of the Default Concept According to the Jakarta Automatic Trading System (JAT) in Law Number 8 of 1995 concerning Capital Markets and How to Resolve Default Protest in the Capital Market According to Law Number 8 of 1995 concerning Capital Markets. This research is normative juridical research, the approach method used in the research is the conceptual approach (conceptual approach), statutory approach (statute approach). Legal material collection techniques are carried out by means of documentation studies, and then will be analyzed using qualitative descriptive data analysis techniques. The implementation of securities transactions is distinguished between securities transactions in the primary market and the secondary market. In the primary market, transactions are carried out directly by the issuer’s company, while in the secondary market transactions are carried out on the trading floor and are settled by institutions involved in the capital market. The legal consequences if after a transaction, one of the parties defaults and the settlement is the party that caused the loss must replace the loss in accordance with the rules of the Civil Law. Settlement of default disputes in the capital market in the perspective of Law Number 8 of 1995 concerning Capital Market, places criminal policies through criminal law against violations of capital market violations in Article 103 paragraph 2, namely violations of Article 23, Article 105, and article 109. Violations the capital market referred to in article 103 paragraph 2 are a violation of Article 32, namely “a person who conducts activities as a securities guarantor representative. Deputy securities broker or investment manager representative without obtaining BAPEPAM permission the threat to the perpetrator is a maximum of 1 (one) year imprisonment and a fine of Rp. 1000,000,000 (one billion rupiah).

Keywords:  default, capital market

Full Text: PDF

Yonatan Yudistira, Sri Wahyu Lelly Hana Setyanti, Sudaryanto

Abstract:

The success of the company is inseparable from the role of employees who have motivation, organizational commitment, work productivity, and training. This study aims to examine the effect of work motivation and training on work productivity through organizational commitment to implementing employees. The research was conducted at PT. Bank Mandiri (Persero) Tbk, branch of Jember Alun-Alun. The employee population is 87 people who can also be used as samples. Data collection is done using a questionnaire. The data analysis used is Partial Least Square (PLS). The results showed that motivation and training had an effect on organizational commitment and productivity, both directly and indirectly through organizational commitment. Based on the results of these studies raises several suggestions, including management must pay more attention to motivation and training for employees because both are important and affect organizational commitment and work productivity directly. Whereas organizational commitment and work productivity greatly influence the continuity of the company.

Keywords: motivation, training, organizational commitment, work productivity, PLS

Full Text: PDF

Lalu Nugraha Adi Utama, Rodliyah, Lalu Sabardi

Abstract:

This study aims to examine and analyze the considerations of Constitutional Court Judges in the Decision of the Constitutional Court Number 46 / PUU-XIV / 2016 concerning Single and LGBT Courts. This research is a type of normative research (Normative Legal Research), with the approach used is the Statute Approach and the conceptual approach.

The results of this study are: 1). That the decision of MK No. 46 / PUU-IX / 2016 concerning Expansion of Zina and LGBT Meanings rejected due to testing of lawsuit material related to article 284 paragraph 1,2,3,4 and 5 related to Zina (adultery), Article 285 related to Rape and Article 292 related to sexual harassment are not contradictory with the Constitution of the Republic of Indonesia in 1945 so that it was deemed necessary to make new regulations on this matter so that there were clear arrangements. With no regulation regarding the expansion of the meaning of Zina (adultery) and LGBT, there have been several acts of criminalization of the community against single adulterers and LGBT due to the vacuum of norms. 2). The judge’s basic consideration in deciding is that the Constitutional Court’s authority is not valid to form a law, that is entirely the authority of the legislator through its criminal policy which is part of the politics of criminal law. Therefore, the reform ideas offered by the Petitioners must be submitted to the legislators and this must be an important input for the legislators in the process of completing the new Criminal Code formulation.

Keywords: juridical analysis, Zina, LGBT

Full Text: PDF

Anriyadi Iktamalah, Hirsanuddin, Muhaimin

Abstract:

Cooperatives are business entities engaged in financial institutions in addition to running conventionally shaped operations also operating operations in the form of sharia. With the development of sharia-compliant financial institutions, of course, they must be followed by regulations in accordance with Indonesian legislation. This study aims to analyze the form of regulation of sharia cooperatives in Indonesia and the ideal reconstruction model of Islamic cooperative arrangements according to positive law in Indonesia. This type of research is conducted normatively using the Legislation approach method and conceptual approach. The results showed First, the form of regulation of sharia cooperatives in Indonesia is still in the form of a Ministerial Regulation (PERMEN), namely Minister of Cooperatives and Small and Medium Enterprises Republic of Indonesia Regulation Number 16 / Per / M.KUKM / IX / 2015 concerning Implementation of Savings and Loans Business Activities and Financing Sharia by Cooperatives. Secondly, the ideal model for the reconstruction of sharia cooperative arrangements according to positive law in Indonesia is regulated simultaneously in the Cooperative Law or regulated in the form of laws that are specific to sharia cooperatives so that there is no legal vacuum in the form of laws relating to cooperative arrangements sharia.

Keywords: reconstruction, cooperatives, sharia cooperatives

Full Text: PDF

I Gede Semara Jaya, Zainal Asikin, Hirsanuddin

Abstract:

The legal principle is a basic norm that is described from positive law and which by law is not ascribed to the more general rules. The principle of general law is more about the deposition of positive law in a society meant in terms of imposition of Dwangsom (forced money) which is a form of forced effort in the implementation of the decision of the State Administrative Court. The formulation of the problem in this paper is first. What relevant principles are used as the basis for imposing Dwangsom (forced money) in implementing the Decision of the State Administrative Court, Second? Country. The method used in this paper is a normative legal research method. The results of the study are as follows: relevant principles in the imposition of Dwangsom (forced money), namely the principle of fixed execution, namely the execution of State Administrative decisions submitted to the Judiciary namely State Administrative Courts in terms of imposition of sanctions, dominus litis principle, namely that judges play an active role both in terms of evidence up to the implementation of State Administrative decisions, the principle of balance, namely the principle used to balance the position of the parties in terms of sanctions in accordance with the level of error, erga omnes principle, namely that the State Administrative court ruling applies to anyone. The role and function of the bailiff is as a supporting / executing institution so that the TUN verdict can be implemented. The recommendation of this study is that State Administrative Judges in terms of deciding cases must always pay attention to the principles relevant to the imposition of Dwangsom (forced money), the role and function of the bailiff need to be regulated in the provisions of further legislation, the government must immediately implement implementing regulations in the implementation of Dwangsom (forced money).This research is normative research, the approach used is the approach to legislation (statute approach) and conceptual approach. In analyzing legal material, the analysis of legal interpretation and legal arguments is used so that it can be concluded that the existing legal material can be described qualitatively. The results of this study are as follows legal protection for franchisees in the event of late payment of Royalty fees by franchise recipients in a franchise agreement carried out by sanctioning the closing of outlets. The franchise recipient who defaults and if a dispute occurs, it will be resolved through an alternative dispute resolution path through negotiations in accordance with Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In addition, legal protection is also provided with the right of the franchisor to claim compensation to the franchisee who defaults on paying the Royalty fee for actual losses suffered and the benefits that should be obtained without the need to prove the loss by the franchisor.

Keywords: protection, franchise, royalty fee

Full Text: PDF