Authors:Serlika Aprita Pages: 1 - 18 Abstract: The formulation of a bankruptcy moratorium policy and Postponement of Debt Payment Obligations (PKPU) is not an urgent matter to be enacted in the form of a Perppu because it has been regulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. If this policy is enforced, then legally the legal authority for the application for filing for bankruptcy and the application for Postponement of Debt Payment Obligations (PKPU) is in the hands of the Government. And the tendency of this which initially aims to provide opportunities for debtors to be able to resolve debt problems within a certain period of time will actually lead to losses experienced by other parties, such as the banking industry. It is not only a loss, but this pattern also leads the interested parties to use this as a momentum to benefit themselves through the moral hazard mode. PubDate: 2022-12-08 DOI: 10.29313/shjih.v20i1.9679 Issue No:Vol. 20, No. 1 (2022)
Authors:Alfons Alfons, Mujiati Mujiati, Dian Aries Mujiburohman Pages: 19 - 35 Abstract: Criminal provisions in land law/UUPA have not been regulated explicitly, on the other hand, the land authority does not have the authority to enforce the law for people or legal entities that do not use land according to their obligations. Based on this, this research aims to examine the criminal provisions in Article 52 of the UUPA which regulates the obligation to maintain land for individuals or legal entities. The research method used is normative legal research. The findings of this study are that the implementation of Article 52 of the UUPA is not applied and generally administrative sanctions are used such as revoking or canceling land rights, but the revocation or cancellation of land rights has the consequence of filing a lawsuit in court by the right holder, the provisions for sanctions for violating confinement or fines are not applied. The lack of firm regulation and enforcement of the law has resulted in the concentration of land tenure for both investment and personal interests increasing, resulting in the non-fulfillment of a sense of justice, welfare, and productive and efficient use of land, and unmaintained soil fertility resulting in land damage. PubDate: 2022-12-08 DOI: 10.29313/shjih.v20i1.9650 Issue No:Vol. 20, No. 1 (2022)
Authors:Agustono Agustono, Siti Rochmiyatun, Yazwardi Yazwardi Pages: 36 - 56 Abstract: The assertion that the Indonesian state is based on law has proven that the law is placed at the most important level in the life of the state as a manifestation of the rule of law as commander in chief. Therefore, every attitude, decision, policy, behavior, act of state apparatus and citizens in the life of the nation and state must obey the applicable legal rules and norms, and this applies equally to every citizen so that they get equality before the law. The President and/or Vice President who carry out the mandate of the people as the Head of State and government, can be dismissed for reasons stipulated by the 1945 Constitution. The process of dismissing the President and/or Vice President from office has undergone various changes since the pre-amendment of the 1945 Constitution and Post-amendment, with its various characteristics, the 1945 Constitution has now provided space for the Constitutional Court to examine and adjudicate the opinion of the DPR in the context of dismissing the President and/or Vice President if it is suspected that they have committed unlawful acts or are no longer fit to serve as President. The 1945 Constitution also mandates that the process of dismissing the President and/or Vice President is taken through the parliamentary political process and then submitted to the legal process through the Constitutional Court, then returned to the political process at the MPR which determines the dismissal in the Plenary Session. Although the political process appears to be more dominantly put forward, so that constitutional debates arise in addressing the impeachment process in Indonesia, the crime responsibility of a President and/or Vice President must be processed thoroughly in accordance with the legal system in force in Indonesia, as a consequence of an act that violates the law. PubDate: 2022-12-09 DOI: 10.29313/shjih.v20i1.9384 Issue No:Vol. 20, No. 1 (2022)
Authors:Sania Puspita Anggraini, Hardian Iskandar, Dodi Jaya Wardana Pages: 57 - 77 Abstract: With the development of technology in the payment system, electronic money has various forms: Paylater. Paylater is now in great demand by the public because it can make it easier for them to make transactions and complete payments later. In addition, the interest provided is quite affordable. This study aims to find out and explain the form of legal standing, legal protection, and legal consequences for Shopeepaylater users. The study results found that the parties' legal position in Shopeepaylater is that the user acts as the recipient of the loan, and the Shopee acts as the lender. Legal protection in shopeepaylater uses repressive or settlement protection methods generally. This protection is in fines, imprisonment, and other additional penalties. The legal consequences when performing a Default following the agreed agreement that the Shopeepaylater service user will have their Shopeepaylater limit reduced, record late payments in the OJK SLIK (Financial Information Service System of the Financial Services Authority), etc. PubDate: 2022-12-09 DOI: 10.29313/shjih.v20i1.9573 Issue No:Vol. 20, No. 1 (2022)
Authors:Silviantinur Halimy, Yessy Dinasari, Danis Khalisa, Kristian Kristian Pages: 78 - 99 Abstract: The ease of a series of processes offered online that lead to criminal acts by debt collectors with threats to customers. The purpose of the study is to determine the criminal liability of debt collectors online who collect with threats. The research method is normative juridical and the nature of the research is descriptive analysis. The results of the study are that debt collectors who commit criminal acts of threatening customers can be charged with the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. That criminal liability imposed on debt collectors who threaten customers can have a deterrent effect. PubDate: 2022-12-09 DOI: 10.29313/shjih.v20i1.9640 Issue No:Vol. 20, No. 1 (2022)
Authors:Eti Koerniati Pages: 100 - 114 Abstract: Judge's decision-making often invites problems because it is considered less transparent and justice seekers often question accountability issues besides the extent of their position in influencing sanctions in determining verdicts. This study aims to analyze the implementation of the effect of dissenting opinion on determining the weight of sanctions in making transparent judge decisions and determining the position of dissenting opinions in making rational judge decisions in the context of strengthening transparency and fair accountability. This research method uses a normative juridical approach that analyzes secondary data and with qualitative analysis techniques that produce conclusions. The results showed that the implementation of the inclusion of dissenting opinions in the formulation of judge's decision-making encountered various problems such as the varying quality of judges' abilities, the problem of guaranteeing the safety of judges, the culture of seniority so that it had little influence on the severity of the sanctions (strafmaat) that the defendant had to accept. The position of dissenting opinion in making transparent and accountable judge decisions is a means for judges to assess and explore case material with their own knowledge so that the public can evaluate the decision (exst-post). The inclusion of different opinions from minority judges in the decision is useful as a reference material for justice seekers (justitiabelen) if they are not satisfied with the decision to take legal action and put these different opinions into the memory of appeal/cassation so that the correction curve for the decision is quite large. PubDate: 2022-12-09 DOI: 10.29313/shjih.v20i1.9810 Issue No:Vol. 20, No. 1 (2022)
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