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Publisher: Universitas Islam Bandung (Total: 3 journals) [Sort alphabetically]

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Syiar Hukum
Number of Followers: 0

This is an Open Access Journal

Open Access journal
ISSN (Print) 2086-5449 - ISSN (Online) 2549-6751
Published by Universitas Islam Bandung

[3 journals]

Supervision Of The Financial Services Authority's (OJK) Strategy In
Counteracting Illegal Investment In The Community
- Authors: Komala Sridewi Lestari, Rani Apriani
  Pages: 115 - 130
  Abstract: This study aims to find out the duties, functions, and authorities of the financial services authority and how the role of the financial services authority in supervising and preventing illegal investment fraud that is rife in the community. Using normative juridical research methods, investment in society in general is often known as investment. Another thing with illegal investment is business activities in the form of collecting funds from the community. Therefore, supervision of the financial services authority is needed to monitor and inform important information about good and correct investment requirements.
  PubDate: 2023-05-30
  DOI: 10.29313/shjih.v20i2.7856
  Issue No: Vol. 20, No. 2 (2023)
Administrative Sanctions For Abuse Of Authority In The Field Of
Environmental Licensing
- Authors: Zahra Malinda Putri
  Pages: 131 - 153
  Abstract: Every government action in implementing government administration must be based on the applicable laws and regulations. One of them is in making a state administrative decision, namely Permit. However, often the issuance permits issued by government agencies or officials are contrary to laws and regulations, such as environmental permits. This is a form of abuse of authority in the form of exceeding the authority based on Article 18 paragraph (1) of Law Number 30 of 2014 concerning Government Administration. This study aims to determine the administration of administrative sanctions against acts of abuse of authority in the field of environmental licensing based on positive law in Indonesia. This research uses a normative juridical approach with a qualitative normative analysis method. The results of the study conclude that administrative sanctions against government agencies or officials in committing acts of abuse of authority in the field of environmental licensing are not regulated in Law Number 32 of 2009 concerning Environmental Protection and Management but are regulated in the Government Administration Act, namely receiving administrative sanctions heavy.
  PubDate: 2023-05-30
  DOI: 10.29313/shjih.v20i2.9889
  Issue No: Vol. 20, No. 2 (2023)
Criminal Law Policies In Overcoming Corruption In Indonesia Through Death
Penalty In Relation To The Principle Of Justice
- Authors: Herman Suherman
  Pages: 154 - 178
  Abstract: Law of the Republic of Indonesia Number 31 of 1999 Juntco Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption Crimes still contains weaknesses in regulating death penalty. This research is a normative juridical research with the starting point of Article 2 paragraph (2) of the Corruption Crime Act. The approach in this writing uses a statutory approach (statute appoach). This study uses secondary legal materials with data collection methods used in literature studies. The results of the research found various reasons that make the implementation of death penalty stiff against perpetrators of corruption in Indonesia, therefore through criminal law policies it is necessary to reform the law. This legal renewal through a collaborative approach is based on the fact that law enforcement is a system that complements one another. These three are the legal substance aspect, the legal structure aspect, and the legal culture aspect.There are four reform models that can be carried out to deal with criminal acts of corruption, namely first, reforming legal institutions. Here, it is necessary to strengthen the authority and strengthen the professionalism of the apparatus that fills the legal institution, the police, prosecutors and the KPK must be able to work together and haveunified legal opinionregarding corruption cases, the most overt nature and sectoral ego in eradicating corruption must be eliminated. The main thing is the realization of a framework and a unified view of corruption cases. Second, reforming the legislation in the sense of re-evaluating, reorienting and reformulating the applicability of the Corruption Crime Law, both the formulation of the act and the system of sanctions, especially related to death penalty. Third, improvement in the community legal culture sector. It is no longer a legal secret that the Indonesian people are people who like to circumvent the law. With these three models of legal renewal, it is hoped that it is hoped that the handling of criminal acts of corruption through death penalty that fulfills a sense of justice can be realized.
  PubDate: 2023-05-30
  DOI: 10.29313/shjih.v20i2.9994
  Issue No: Vol. 20, No. 2 (2023)
Abuse Of Authority By Police Commander In Djoko Tjandra Case
- Authors: Ismi Tri Septiyani, Rida Nabila, Muhammad Rifqi, Citra Oki Wijaya Kusuma
  Pages: 179 - 193
  Abstract: In one of the Indonesian law enforcement agencies, where the three army generals Indonesia polices, Brigadier General Prasetijo Utomo, Inspector General Napoleon Bonaparte, and Brigadier General Slamet Nugraha Wiwoho have committed a gross abuse of power. The three of them helped djoko tjandra commit the corruption of the Bali bank and other crimes in trying to escape the legal process, such as helping him get a covid release letter and helping him escape the country. Djoko Tjandra bribed law enforcement officials, along with the three generals, and Djoko Tjandra's bribes to the prosecutor on the case of prosecutor Pinangki. What an irony in a nation of law. Its law enforcement taints the name, as did the three former high-ranking police officers. Perhaps not only those who took bribes from Djoko Tjandra but with the arrest of law enforcement opened the eyes of Indonesians that there was nothing to believe in, that law enforcement was lax in its duty.
  PubDate: 2023-05-30
  DOI: 10.29313/shjih.v20i2.9247
  Issue No: Vol. 20, No. 2 (2023)
Trademark Registration As A Legal Protection Effort For MSME Products
- Authors: Asep Hakim Zakiran, Mentari Jastisia, Belardo Prasetya Mega Jaya
  Pages: 194 - 222
  Abstract: MSMEs in Indonesia have enormous potential to support economic growth. It is because the number of MSMEs in Indonesia reaches 99.9% of all businesses operating in Indonesia. However, the high number of MSMEs in Indonesia has not been followed by the level of awareness of MSME actors to register their business brands. The purpose of this study is to determine the legal protection that MSMEs can obtain for their trademark registration. The method used in this research is normative juridical. The results of this study indicate that there are various benefits of registration, both preventive and repressive legal protection.
  PubDate: 2023-05-31
  DOI: 10.29313/shjih.v20i2.11883
  Issue No: Vol. 20, No. 2 (2023)
Legal Consequences Of Land Nominee Agreements Related To Foreign Ownership
(Decision Analysis Of Gianyar State Court Number 259/Pdt.G/2020/Pn.Gin)
- Authors: Khairunnisa Khairunnisa, Mohamad Fajri Mekka Putra
  Pages: 223 - 247
  Abstract: Under the Basic Agrarian Law No. 5 of 1960 article 21 paragraph 1 stated that only Indonesia citizen may have the right of ownership and it is the main principle of right of ownership in Indonesia. However, it would not be a problem for foreign citizen to have the right of land ownership in Indonesia with the use of Nominee Agreement. Nominee agreement is a form of legal smuggling towards the right of ownership by foreign citizen. The research method that will be used in this article is a juridical-normative approach by using primary and secondary legal material. As for the approach that will be used is the study documents through library research derived from statutes, publications, and related legal articles. The result shows the use of nominee agreement in right of ownership towards foreign citizen is null and void. The legality of this agreement is dubious because it does not fulfill the requirements for the validity of agreements, that is a legal cause. There is no legal protection towards the notary who create this agreement.
  PubDate: 2023-06-02
  DOI: 10.29313/shjih.v20i2.9612
  Issue No: Vol. 20, No. 2 (2023)