Lareh Law Review

Pertanggung jawaban Pidana Korporasi Pada Tindak Pidana Perbankan Dalam Rangka Pembaruan Hukum Pidana

2023-11-28T10:56:40+07:00

Previously banking crimes committed by corporations tended to be difficult to enforce, because corporations weren’t the subject of criminal law, either according to the Criminal Code or the Banking Law. In order to reform the national criminal law, the government then promulgated the National Criminal Code and the PPSK Law which introduced a renewal of thought in the Indonesian criminal law regime. The reform led to a shift in the position of corporations as subjects of banking crimes. The issues raised are: 1) How does the position of corporations shift as the subjects of banking crime after the National Criminal Code and the PPSK Law?; 2) How is corporate criminal liability in banking crimes after the National Criminal Code and the PPSK Law? This research uses normative juridical methods through statue approach, and conceptual approach. The results obtained from this study include that after the National Criminal Code and the PPSK Law, the position of corporations as subjects of banking crimes has shifted from previously not recognized in the Criminal Code or Banking Law, now it has been recognized as a subject of banking crimes, so that the principle of delinquere non potest university used by the previous Criminal Code is no longer relevant in the new Indonesian criminal law paradigm. Then the National Criminal Code and the PPSK Law basically use three forms of corporate criminal liability, namely: criminal liability is imposed on corporations only, criminal liability is imposed on individual only, or liability is imposed on both (corporation and individual).

Perbandingan Penegakan Aturan Lalu Lintas Antara Penerapan Tilang Manual Dan Electronic Traffic Law Enforcement (ETLE) Di Kota Padang

2023-11-27T09:07:19+07:00

Enforcement of traffic rules is regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation and Government Regulation No. 80 of 2012 concerning Procedures for Inspecting Motorized Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations. The development of an electronic-based law enforcement system gave birth to Electronic Traffic Law Enforcement as an innovation to overcome obstacles in the application of manual fines. However, in its application, ETLE was also not free from various problems, so the urgency was born to conduct research to find out and compare the procedures for applying manual and ETLE tickets and how to apply future tickets in Indonesia, especially in the city of Padang as a research location. This study uses empirical juridical methods, the data used is primary data from interviews with Padang Police TMC operators and secondary data is in the form of document studies. The result of the research is that manual poles are directly imposed on violators by officers. Meanwhile, ETLE is a modern ticket system used by the police to monitor and prosecute traffic violations electronically with camera and sensor technology to identify vehicles that violate traffic rules, such as violating a red light or crossing the speed limit. Obstacles that occur in manual ticketing are low legal awareness from both law enforcers and the public. The obstacles that occur in ETLE are the limitations of static and mobile camera devices so that the application is not comprehensive. The application of fines in the future will still use a combination of manual and electronic ticketing due to the low level of public legal awareness and the uneven distribution of electronic ticketing devices in the city of Padang.

Perspektif Hukum Penyelenggaraan Hak Pilih Penyandang Disabilitas Mental Pada Pemilu 2019

2024-06-28T22:34:45+07:00

Indonesia is a democratic country with one characteristic, that is, sovereignty is in the hands of the people. One of the manifestations of a democratic country is through a general election. Every citizen has the same rights and opportunities in general elections, namely the right to vote. Even so, the granting of voting rights for persons with mental disabilities has only been implemented evenly in the 2019 elections. This is of course guaranteed through Law Number 7 of 2017 concerning General Elections. There are still many things that need to be evaluated from the 2019 Election both in terms of implementation and legal guarantees provided for groups of people with disabilities. The writing of this law uses a normative juridical method in which the approach is based on the main legal material by examining theories, concepts, legal principles related to the right to vote for persons with mental disabilities. Because the KPU has just registered persons with mental disabilities on the final voter list in the 2019 elections, the implementation is still not perfect. There are still many people with mental disabilities who have not been able to exercise their right to vote or vote in the 2019 election. Therefore, it is necessary to carry out an update for the upcoming elections in addition to increasing voter participation as well so that the democratic party can be felt by all Indonesian citizens without exception. It is the responsibility of the state to guarantee the rights of its citizens and create non-discriminatory regulations.

Pengadaan Tanah Untuk Pembangunan Pembangkit Listrik Tenaga Panas Bumi Di Solok Selatan

2024-07-02T14:47:57+07:00

Utilization of natural resources in Indonesia for the greatest prosperity of the people is a necessity. One of the safe resources that can be utilized and has great potential is geothermal energy. However, its use requires land. The results of this research refer to land acquisition for geothermal exploitation in South Solok by providing information to the community regarding development plans, initial location data collection and public consultation. In the process of buying and selling, exchanging, or other methods agreed voluntarily by interested parties, it is carried out with a compensation mechanism and scheme determined by a committee formed by the company which will then be submitted and determined in deliberation. The conclusion in this research is that the provision of land needs carried out by PT Supreme Energy Muara Laboh refers to Presidential Decree No. 36 of 2005, Presidential Decree 36 of 2006 and the RTRW of South Solok Regency. Apart from that, in terms of the implementation of the sales and purchase process carried out by PT Supreme Energy Muara Laboh through a compensation mechanism, the name of the scheme created is "profit compensation" presented by the company.

Politik Hukum Batas Minimum Usia Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017

2024-07-01T12:08:35+07:00

Abstract

Regulations regarding the minimum age for marriage in Indonesia have basically gone through a long history and dynamics starting from the pre-Dutch Colonial government until the New Order era when Law Number 1 of 1974 concerning Marriage was born and was most recently revised into Law Number 16 of 2019 concerning Amendments. Based on Law Number 1 of 1974 concerning Marriage. This research discusses two problem formulations, First, how is the minimum age limit for marriage regulated before the Constitutional Court Decision Number 22/PUU-XV/2017?, Second, what are the legal politics of the minimum age limit for marriage after the Constitutional Court Decision Number 22/PUU-XV/2017 ? To be able to discuss this problem, a normative juridical research method with a historical and statutory approach is used, where the data source used is a secondary data source. From the research and discussions that have been carried out, the following results were obtained: First, the history of setting the minimum age limit for marriage in Indonesia has started since pre-Dutch Colonial times where at that time the applicable marriage law was the respective religious law which was then enforced during the Dutch occupation. Classification is based on ethnicity and each group has its own rules. In the old order era, Law Number 22 of 1946 concerning Marriage Registration, Divorce and Reconciliation (hereinafter referred to as NTR) was born, in the new order era Law Number 1 of 1974 concerning Marriage was born, which was followed by its first revision in the reform era to become Law. Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Second, the will (political will) of the state authorities is a determining factor in where the law will be directed, including in the issue of determining the minimum age limit for marriage. This can be seen from the development of marriage law in Indonesia starting from the Dutch colonial period, the post-independence period, and the New Order period where marriage law experienced a very strong influence from the interests of the authorities.

AKIBAT HUKUM PERMBERLAKUAN PERJANJIAN KERJA BERSAMA YANG HABIS MASA BERLAKUNYA

2024-07-02T13:17:37+07:00

The form of working relationship between employers and employees is an interdependent relationship. In this relationship, there is an imbalance in the bargaining position between workers and employers, so government intervention is needed to protect workers' rights. So, the government established regulations that require workers and employers to make collective bargaining agreements (PKB). This study uses a normative juridical method with a conceptual approach and a legal synchronization approach. The results of the study found that historically, there has been no clear regulation regarding the way out of expired collective bargaining agreements, and new collective bargaining agreements have not been agreed upon or ratified, both according to Permenaker No. 28 of 2014 and Article 123 of UU No. 13/2003. The legal consequences of the extension of the implementation of the expired Collective Labor Agreement are still valid in its enforcement because, in its implementation, it is in accordance with the rules in Permenaker No. 28 of 2014. However, it will cause potential problems with the renewal of the PKB, which will cause legal uncertainty. This will cause weak legal protection for workers and employers because there is no clarity regarding the maximum limit of enforcement of expired PKB, resulting in the degradation of the guarantee of rights and protection for workers. This uncertainty indicates the need for harmonization and synchronization in the arrangements related to the PKB, and if there is a dispute over industrial relations related to the PKB, it will be resolved quickly and effectively in accordance with the principle of dispute resolution itself.

Judicial Order Sebagai Penguatan Sifat Final Dan Mengikat Putusan Mahkamah Konstitusi Dalam Perkara Pengujian Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum

2024-06-28T22:37:50+07:00

The authority of the Constitutional Court in the judicial review against the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) is stated in Article 24C paragraph (3). One of the most frequently proposed judicial review is Law Number 7 of 2017 about General Elections (Election Law). The result of this review is the Constitutional Court's decision which is final, so no other legal action can be taken after the decision is issued. However, in reality the Constitutional Court's decision regarding the Judicial review of Election Laws experienced various problems in its execution which were referred to as constitutional disobedience . In other countries such as Germany, the Federal Constitutional Court uses the concept of judicial order to resolve this problem. The judicial order is an important message for the future Legislature to implement the Constitutional Court's decision through concrete follow-up. Formulation of the problem raised in this research First, what is the urgency of using a judicial order in the Constitutional Court Decision in the Election Law judicial Review? Second, what are the differences in the implementation of Constitutional Court Decisions containing judicial orders in judicial reviewing of the Election Law? The type of research used is normative juridical. Data collection techniques use library research. Data will be analyzed using qualitative analytical descriptive methods. The research results explain that in order to realize legal certainty in order to carry out direct, public, free, secret, honest and fair elections, this Constitutional Court Decision needs to be implemented immediately. For that reason, judicial orders that have been implemented by the Indonesian Constitutional Court and other countries prove its function in strengthening the final and binding effect of its decisions. Differences in the implementation of Constitutional Court decisions that contain judicial orders can be seen in several non-self-executing decisions, there are decisions that are fully implemented, partially implemented, not implemented and also implemented differently from orders from Constitutional Court decisions