JOURNAL ARTICLEResmen · Abdul Madjid · Faidzin Sulistyo · Reka Dewantara
International Journal of Research in Business and Social Science · 2022
Read abstract
Bribery is a form of corruption, but under Indonesian corruption law, bribery from private actors and other private actors (private to private) is not categorized as a criminal act of corruption. The purpose of this study is to analyze the regulation of bribery as a criminal act of corruption in the future. This research applies normative legal research, using a normative juridical approach, using legal material analysis techniques obtained from the research, examined, to be compiled systematically and presented in descriptive sentences. The results of the study indicate that based on the economic analysis of the law theory approach, it can be seen that Law No. 11 of 1980 has not been able to provide harmony between economic principles and the objectives of the law itself; in economic principle, the existence of Law No. 11 of 1980 1980 does not have the value of efficiency, balance and maximum so that sanctions against perpetrators who commit this crime need to be renewed so that they can get legal benefits with the existence of these corruption legal norms. With the conceptualization of the corruption law, there is a renewal of criminal law related to corruption where there is no longer a difference between private bribery and public actors in the future, thus the accountability carried out by public to private, or private to public actors will be a means to prevent criminal acts of corruption, using the theory of economic analysis of law from Richard Phosner indicates that there are severe sanctions resulting in private-to-private actors prefer not to take bribes, because they are seen as corruption so that there is a fear of loss of profits for themselves both present benefits and future benefits, thus this law becomes the optimal legal norm for preventing private sector corruption.
DOI 10.20525/ijrbs.v11i6.19360 Crossref citations1 OpenAlex citations
JOURNAL ARTICLEI Nyoman Renaldi Mahardika · I Made Suwitra · I Made Pria Dharsana
International Journal of Research in Business and Social Science · 2022
Read abstract
The National Land Agency (BPN) as the agency in charge of land registration has an important role in preventing overlapping certificates. However, if there is an overlapping of certificates, BPN can only be a consultant and witness who is being questioned until the overlapping certificates can be issued. The purpose of this research is to find out the legal protection of ownership of land rights against the emergence of overlapping certificates. The research method used is empirical legal research. The analysis used is descriptive analysis, namely the data that has been collected is processed for the formulation of research conclusions. Then the research data were analyzed in depth. The results show that the legal protection of ownership of land rights against overlapping certificates is that the owner of the certificate can file a lawsuit because of the existence of the same certificate in the same field and provide evidence in court for the disputing parties. The authority of BPN is to carry out land administration activities starting from land collection to the issuance of certificates. In addition, BPN also acts as a mediator or witness when there is a certificate overlapping dispute because BPN only issues 3 certificates after the data is completely valid. BPN will wait for the far a court decision which has permanent legal force (inkrah) to subsequently cancel the issuance of the disputed certificate in court.
DOI 10.20525/ijrbs.v11i3.17030 Crossref citations3 OpenAlex citations
JOURNAL ARTICLEVenny Indria Maria · Imam Koeswahyono · Suhariningsih · Satria Amiputra
International Journal of Research in Business and Social Science · 2022
Read abstract
Flats are multi-storey buildings that will be inhabited by many people, so it is necessary to guarantee the security, safety, and enjoyment of the residents. Sales of flats (apartments) with a pre-project selling system, it is certain that the flats (apartments) have not been built so that PPJB in pre-project selling is considered a savior for developers, while for consumers it will be proof of ownership that will be held by consumers before building flats (apartment) finished building. This paper, it is aimed to develop a normative juridical approach to conceptualize the consumer’s legal protection in the sale and purchase of flats in the pre-project selling system. The approach of the study for answering the problem is based on a set of approaches including statutory and conceptual, case, and finally a comparative one.
DOI 10.20525/ijrbs.v11i2.16900 Crossref citations0 OpenAlex citations
JOURNAL ARTICLEPutri Purbasari Raharningtyas Marditia · Andrew David Hasiholan · Valencia Wijaya
International Journal of Research in Business and Social Science · 2022
Read abstract
Housing is a basic necessity, yet land availability is limited. This phenomenon urges residents to resort to vertical living and developers to provide vertical housing. The escalation of the vertical housing market has raised potential issues, particularly the use of strata titles in commercial properties advertisement. Strata title is proof of apartment unit ownership which has been widely recognized in the common law system. Meanwhile, Indonesia as a country that adheres to the civil law system regulates apartment ownership based on SHMSRS or Certificate of Apartment Ownership. This practice will result in legal consequences in the ownership status. Hence, this research is carried out by comparing the concept of strata title in the civil law and common law legal systems through a normative juridical methodology based on a statutory and conceptual approach. This study strives to differ strata title and SHMSRS concept to provide a comprehensive knowledge of apartment ownership and prevent legal problems from surfacing in the future.
DOI 10.20525/ijrbs.v11i1.16840 Crossref citations0 OpenAlex citations
JOURNAL ARTICLEIdris Wasahua · Istislam Istislam · Abdul Madjid · Setyo Widagdo
International Journal of Research in Business and Social Science · 2022
Read abstract
The criminal policy of returning state financial losses to corporations as perpetrators of corruption in state financial losses is regulated as additional criminal sanctions in the form of confiscation of goods and payment of replacement money in Article 18 paragraph (1) letter a and letter b of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The purpose of this study is to find out how the legal implications of the criminal policy of returning state financial losses by corporations as perpetrators of criminal acts of corruption are. This research includes normative legal research with several approaches, namely; Historical approach, statutory approach, case approach, and conceptual approach. The results of this study show that the existing criminal policy for recovering state financial losses still has various legal implications which result in non-optimal efforts to recover state financial losses due to corruption in state financial losses committed by corporations.
DOI 10.20525/ijrbs.v10i8.14641 Crossref citations1 OpenAlex citations
JOURNAL ARTICLEDielasy Budiarti · Sudarsono Sudarsono · Bambang Sugiri · Abdul Rachmad Budiono
International Journal of Research in Business and Social Science · 2021
Read abstract
Forest and land fires often occur in Indonesia. The effects of fires are far-reaching and have significant impacts on the environment, economy, heritage and social structure of rural areas, as well as nearby cities and neighboring countries. Often the community is the victim of forest and land fires. The community expects benefits in the implementation of law enforcement. However, based on the ideals and objectives of the law, there is not a single legal umbrella or legislation that accommodates the interests of victims of forest and land fires. The purpose of this study is to find out how the government's authority in providing protection to the rights of people who are victims of forest and land fires. This research is normative legal research with a statutory approach, a comparative approach and a historical approach. The legal materials used are primary, secondary, and tertiary with the technique of analyzing legal materials using Systematic, Grammatical, Extensive and Historical interpretation methods. The results of the study indicate that the government's authority in providing protection for the rights of the victims of forest and land fires is to provide preventive legal protection in the form of laws and regulations made based on the authority of the government as a legislator.
DOI 10.20525/ijrbs.v10i5.13020 Crossref citations1 OpenAlex citations
JOURNAL ARTICLERudi Margono · I Nyoman Nurjaya · Tunggul Anshari Setia Negara · Heru Hadi
International Journal of Research in Business and Social Science · 2020
Read abstract
Law Number 16 of 2009 concerning General Provisions and Tax Procedures (UU KUP), regulates administrative sanctions and criminal sanctions. The KUP Law method does not yet regulate how to save the loss of state revenue because it does not regulate the implementation of criminal fines, the legal implications of different decisions that cause legal uncertainty, injustice and have not provided benefits, especially in an effort to collect taxes. The purpose of this paper is to find out, analyze, and find the urgency of regulating criminal sanctions for the deprivation of assets in tax crime. This study is normative legal research with a legislation approach, historical approach, comparative law approach, conceptual approach, and case approach. The legal materials used are primary and secondary legal materials. Analysis of legal material is done with a descriptive perspective. The results of this study indicate that the inclusion of fine sanctions in the KUP Act turns out to lead to different interpretations resulting in legal uncertainty and does not provide economic benefits for the state in law enforcement, because the sanctions for fines are not complemented by implementing sanctions in the form of additional criminal sanctions in the form of confiscation of assets belonging to the defendant or an act (maatregel) in the form of requiring improvement of corporate governance in accordance with good corporate governance or placement of a legal company, where an economic crime is committed under a certain period of time, so that in the future the KUP Act, additional sanctions or actions to strengthen / complete in the future criminal sanctions for fines.
DOI 10.20525/ijrbs.v9i5.8021 Crossref citations4 OpenAlex citations
JOURNAL ARTICLESamsul Huda · Prija Djatmika · Bambang Sugiri · Siti Hamidah
International Journal of Research in Business and Social Science · 2020
Read abstract
The purpose of this research is to find out how to resolve corruption on the basis of the value of state loss with an economic approach to the law. This research is normative juridical research with a statute approach, comparative approach, case approach and conceptual approach. This research shows research on the philosophy of eradicating corruption, restoring state losses, and high efficiency in order to realize economic growth and national development through an economic analysis approach to the application of its law. The results showed that the PTPK Law was made for economic stability, therefore, solving the problem of corruption cannot be separated from the consideration of the country's economy, and the costs that pose a relative risk to state expenditure affecting the country's economy. The juridical reality, the regulation of additional criminal charges, namely the penalty of paying as much as the amount of corrupt compensation as stated in Article 18 paragraph 1 letter (b) of the PTPK Law, if it is related to empirical facts about the imbalance between costs and the recovered economic value, is the reality is that the series of state expenses have increased.
DOI 10.20525/ijrbs.v9i3.6740 Crossref citations1 OpenAlex citations