PRANATA HUKUM

REVIEW OF ISLAMIC LAW AND THE CIVIL CODE ON DEBTS AND RECEIVABLES USING COLLATERAL

Depri Liber Sonata, Deni Achmad, Firganefi — Wed, 31 Jul 2024 00:00:00 +0800

Pawning is a category of debt-receivable agreement, where for the trust of the person who owes the debt, the debtor pawns his goods as collateral for the debt. This practice is carried out without any written agreement but only verbal agreement and based on mutual trust. This research answers the questions stated in the problem formulation, namely: How is Islamic Law and the Civil Code reviewed regarding debts and receivables using collateral? The research results show that according to Islamic law, in Islamic law, the definition of pawning is similar to the Civil Code, that pawning is a guarantee resulting from debts and receivables. Islam allows pawning based on arguments originating from the Koran, Sunnah and ijma'. In Islamic law and civil law in Indonesia, collateral can be used in receivables or debt transactions. The Civil Code also explains that this practice is not valid because the goods used as collateral must be tangible movable objects and intangible movable objects.

LEGAL PROTECTION ASPECTS OF PRICE GOUGING PRACTICES IN TOURIST DESTINATIONS FROM A CONSUMER PROTECTION LAW PERSPECTIVE

Enrique Martin Rustandi, Bernadetta Tjandra Wulandari — Wed, 31 Jul 2024 00:00:00 +0800

The phenomenon of the practice of price gouging by culinary business actors - especially in tourist destination areas - is currently increasingly common and is starting to disturb the public. The practice of price gouging is an event when a food or drink seller sets the price of his product above what is reasonable. This is often done by business actors who have bad intentions to gain profits fraudulently. This practice of price gouging can occur as a result of prices not being included in the food menu list or a mismatch between the price information on the menu list and the price at which food is paid, which is of course very detrimental to consumers. The analysis of legal issues related to the practice of price gouging in this paper uses normative juridical methods. With a focus on studying forms of legal protection for consumers who experience price gouging practices by culinary business actors in tourist destination areas according to Law Number 8 of 1999 concerning Consumer Protection and related regulations as well as legal action that can be imposed on culinary business actors in tourist destination areas. who practice price gouging. This is based on the understanding that consumer protection cannot be separated from trading activities, therefore, in trading activities, it is hoped that there will be a balance of rights and obligations between business actors and consumers, so as to create a business world climate that fulfills a sense of justice and legal certainty through existing legal instruments.

ANALYSIS OF CORPORATE CRIME PUNISHMENT IN ENVIRONMENTAL CASES IN INDONESIA

Ahmad Nahwiy, Triono Eddy, Onny Medaline — Wed, 31 Jul 2024 00:00:00 +0800

Industrial progress has led to various impacts on increased production and economy, but also poses significant challenges related to hazardous and toxic waste (B3). The criminal act of B3 waste disposal refers to legal violations related to the handling and disposal of waste containing hazardous and toxic substances. This research uses a normative juridical research type, which means it is a library law research because normative legal research is conducted by examining library materials or secondary data only. The approach uses a statute approach. This approach is carried out by reviewing all legislation and regulations related to the legal issues being discussed. The research results reveal that criminal liability carried out by corporations individually (corporate criminal liability) still invites debate. Many parties do not support the notion that artificially formed corporations can commit crimes and have criminal intent, thereby leading to criminal liability. The punishment of corporate crime cases refers to the legal process encompassing several steps, including investigation, prosecution, trial, legal decision, law enforcement, corporate responsibility, and recovery/prevention.

VERDICT FOR ACQUITTAL IN CRIMINAL LAW PERSPECTIVE

Zulkarnain Hasibuan, Syahril, Bandaharo Saifuddin, Marwan Busyro — Wed, 31 Jul 2024 00:00:00 +0800

The examination through a criminal process, the judge's decision must always be based on the case assignment letter that contains all indictment defendant's mistakes. Beside of that, the judge's decision must not be regardless of the result of evidence based as long as examination in court. Therefore based on these interests, before stating a position to assess the case on face, there must be an inspection to prove the truth of the indictment of the accusation of the prosecutor to the defendant. Thus, if we see from the function of indictment letters, this is the basis point for inspection. The court’s decision that has legal force in criminal cases is carried out by the prosecutor. It can be said that the official who is given the authority to carry out court decisions is the prosecutor. The method of research is qualitative, because the qualitative method is easier to adapt in the field. This research aims to find out directly how the juridical review of acquittal verdict based on the Criminal Procedure Code is due to the lack of evidence in the Padangsidimpuan District Court. The research object is to obtain clear data and this object can become a target for researchers so that the problems to be researched will not become widespread.

ANALYSIS OF THE AUTHORITY OF THE CONSTITUTIONAL COURT IN GENERAL ELECTION RESULT DISPUTE CASES (STUDY OF CONSTITUTIONAL COURT RULING NUMBER 1/PHPU.PRES-XXII/2024 AND 2/PHPU.PRES-XXII/2024)

Dora Mustika, Dani, sayyidah sekar dewi kulsum — Wed, 31 Jul 2024 00:00:00 +0800

This study serve analysis deep about authority Court Constitution (MK) in handle case The General Election Results Dispute (PHPU) is based on two decisions related , ie Court Constitution Numbers 1/PHPU.PRES-XXII/2024 and 2/PHPU.PRES-XXII/2024. Research methods use approach descriptive analytical with collect primary data from Constitutional Court decisions and secondary data from literature related . Analysis results show that the Constitutional Court uses his authority with careful and thorough in assess the selection process general and results , as well ensure obedience to provision constitution and applicable laws. Second decision the give description about how the Constitutional Court considers evidence and arguments submitted by the parties to the dispute , as well as drop decisions based on principle sovereignty law and democracy . Implications from the Constitutional Court's decision against enforcement democracy and sovereignty law is very important in strengthen the integrity of the political process and safeguarding balance power between state institutions . In conclusion , handling PHPU case by MK plays vital role in guard stability politics , strengthen democracy , and ensuring obedience to rule law in system Indonesian politics.

FAMILY RESILIENCE IN BANDAR LAMPUNG CITY

Riza Yudha Putria, Winda Yunita — Wed, 31 Jul 2024 00:00:00 +0800

A family will have resilience if the family can play an optimal role in realizing all the family's potential. Family resilience describes sufficient and sustainable access to income and resources to meet basic needs including adequate access to food, clean water, health services, educational opportunities, housing, time to participate in society, and social integrity. Family resilience also includes the family's ability to manage resources and problems to achieve prosperity. Building family resilience is carried out through two paths, namely building physical resilience and building non-physical resilience. Family resilience is the family's resilience to live independently and the family's ability to protect the family from various threats. Family resilience carried out by respondents is in accordance with 5 (five) indications of the level of family resilience. Five indications that describe the level of family resilience are the attitude of serving each other as a sign of nobility, closeness between husband and wife leading to a good quality marriage, parents who teach and train their children with various creative challenges, consistent training and developing skills, husband and wife who leads all family members with great affection, children who obey and respect people.

THE ROLE OF REGULATIONS IN ENSURING LEGAL PROTECTION FOR NURSING PERSONNEL

Wed, 31 Jul 2024 00:00:00 +0800

This article examines the role of regulations in ensuring legal protection for nursing personnel through a literature review approach. In nursing practice, healthcare workers often face various legal challenges that require effective regulations to protect their rights and obligations. Adequate legal protection is crucial for maintaining the well-being of nursing personnel and improving the quality of healthcare services. This study aims to analyze the various laws and policies applicable in the context of legal protection for nursing personnel in Indonesia. The research method used in this article is a literature review with a descriptive analysis technique. Data were collected by reviewing relevant literature on healthcare regulations, nursing law, and academic journals. The analysis was conducted by examining and comparing various legal sources and policies to identify gaps and challenges in the implementation of regulations. The results of this study are expected to provide insights into the importance of strengthening regulations and the role of the government in ensuring legal protection for nursing personnel, as well as offering recommendations for policy improvements in the future.

REFLECTION OF POLITICAL LAW ON JOB CREATION IN REALIZING ENVIRONMENTAL JUSTICE

Malicia Evendia, Ahmad Saleh , Ade Arif Firmansyah — Wed, 31 Jul 2024 00:00:00 +0800

Environmental protection is an important aspect of the state. The regulation of environmental protection and management is currently regulated in Law Number 32 of 2009, and has been amended through the Job Creation Law. The presence of the Job Creation Law has caused polemics in society, some are pro and some are contra, including the issue of the spirit of environmental protection which is in conflict with economic aspects. This study aims to reflect the legal politics of the Job Creation Law in an effort to realize environmental justice. This research uses doctrinal research methods as well as legal and conceptual approaches. The results of this study are first, the 1945 Constitution as the Indonesian constitution has adopted the concept of a green constitution. The constitutionalization of environmental norms provides space for protection in an effort to realize environmental justice. Second, the reflection of the legal politics of the Job Creation Law on the basis of a green constitution towards environmental justice has created the potential for a decrease in environmental protection, this condition on the basis of the green constitution concept requires strengthening at the constitutional level as a foundation. The low commitment to green nuances in the 1945 Constitution has the potential to cause bias in guaranteeing environmental law enforcement and the substance of the law at the green legislation level.