CiteNScope — Scholarly Index & Analytics
Discover RESEARCH INTELLIGENCE
CiteNScope discovery

Explore publications.

Search the participating collection. Refine by journal, year or data source.

Browse journals · Browse publishers

INDEXED PUBLICATIONS20
CROSSREF CITATIONS31
CROSSREF · CITED PUBLICATIONS55.0%
CROSSREF · MEAN CITATIONS1.55

Crossref citation coverage: 20 / 20 publications (100.0%). Latest observation: 21 Oct 2026, 07:22 UTC. Means and percentages use records with known counts.

Research collection

20 publications

JOURNAL ARTICLE

Legal protection for informal sector workers in employment development in Indonesia: challenges and opportunities

Adnan Hamid · Adilla Meytiara Intan

International Journal of Research in Business and Social Science · 2024

Read abstract

This research aims to investigate, rationalize and identify the issue of legal protection for informal workers which is in the critical category. Therefore, this article is entitled Legal Protection for Informal Sector Workers in Employment Development in Indonesia: Challenges and Opportunities. The research method used is a normative juridical approach, document study, using qualitative methods in analyzing data and using secondary data as the source. The results of this research found that Law Number 6 of 2023 concerning the Determination of Government Regulations instead of Law Number 2 of 2022 concerning Job Creation into Law (Undang-Undang Nomor 6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Menjadi Undang-Undang or UU 6/2023) does not regulate informal workers at all, so there is a vacuum in terms of legal protection for informal workers in Indonesia. Therefore, national legislation is needed regarding legal protection for informal workers, which essentially contains work agreements between employers and informal workers/labourers. In this way, the government and the legislature are expected to be able to establish regulations and legislation to protect informal and vulnerable workers amidst the increasing informalization of the labour market due to the impact of accelerated advances in information and communication technology.

DOI 10.20525/ijrbs.v13i5.36303 Crossref citations3 OpenAlex citations
JOURNAL ARTICLE

Developing the integrity of corruption crime judges: evidence in Indonesia

Andi Wahyu Wibisana

International Journal of Research in Business and Social Science · 2023

Read abstract

This research seeks to further investigate issues pertaining to enhancing the integrity of judges handling corruption cases in Indonesia. The research employs a normative juridical perspective and utilizes a qualitative method that is descriptive and analytical in character. This method aims to objectively describe the relationship between a phenomena, idea, data, or fact. The data collection methods involved conducting library research and analyzing primary, secondary, and tertiary legal sources, including scientific contributions published in academic research databases. Meanwhile, the research employs descriptive qualitative analysis for data analysis. Research indicates that it is imperative to cultivate the integrity of judges involved in corruption cases, as judges play a pivotal role in ensuring a fair and responsible legal system. A judge who possesses integrity in cases involving corruption is characterized by intellectual honesty, a commitment to prioritize their judicial responsibilities over personal interests, adherence to the law, astuteness in interpersonal interactions and other endeavors, adeptness in managing personal funds, and a rigorous and meticulous approach. Perform judicial responsibilities to establish an organizational culture rooted in the principle of absolute intolerance against criminal acts of corruption, bribery, and violations of laws and regulations. Thus, by enhancing the integrity of judges involved in corruption cases in Indonesia through the implementation of human resource management characteristics, it is expected that the impartiality and responsibility of judges in handling corruption cases would be considered to fulfill the standards of fairness and legal assurance. Therefore, it is anticipated that the results of this study will have a beneficial impact on upholding and enhancing the integrity and prestige of judges and the judicial system in Indonesia with regards to corruption offenses.

DOI 10.20525/ijrbs.v12i9.30603 Crossref citations3 OpenAlex citations
JOURNAL ARTICLE

The comparison of authority of marine management by regional governments according to legislation in Indonesia

Oksep Adhayanto · Fitri Kurnianingsih · Lamidi · Yudithia

International Journal of Research in Business and Social Science · 2022

Read abstract

The purpose of this study is to compare the marine management authority exercised by local governments based on the laws and regulations that have been in effect since the establishment of the local government law to the current local government law. This type of study is library research with a statutory, comparative, and historical approach. All information and data obtained are then collected and analyzed according to the topic of study. The conclusion of this study shows that the authority for marine management owned by local governments has only been in effect since Law No. 22 of 1999, Law No. 32 of 2004, and Law No. 23 of 2014. At the same time, the previous law did not specifically regulate local governments' authority in marine management.  

DOI 10.20525/ijrbs.v11i9.21800 Crossref citations0 OpenAlex citations
JOURNAL ARTICLE

The dispute settlement by the court institution between the foundation and its management: A judicial review

Ida Bagus Bayu Brahmantya · I Nyoman Suyatna · Dewa Gde Rudy

International Journal of Research in Business and Social Science · 2022

Read abstract

Foundation legal entities have organs that carry out the functions of the foundation. The management of the foundation has responsibility for the legal entity of the foundation. This study aims to find out about disputes between foundations and foundation administrators in internal conflicts including the dismissal, replacement and appointment of foundation administrators and procedures for resolving disputes between foundations and foundation administrators through the general judiciary and state administration. If a board member is found to have acted detrimental to the foundation, then based on the decision of the supervisor's meeting, the board can be dismissed, this is a trigger for disputes that occur within the foundation. The settlement of this dispute can be resolved by filing a lawsuit by the management which is dismissed on the basis of unlawful acts committed by the foundation. This research is normative legal research with qualitative analysis. This study concludes disputes between foundations and foundation management are caused by the implementation of foundation activities that are not in accordance with applicable laws and regulations and the implementation of the foundation's articles of association and the household itself. Settlement of disputes between foundations and foundation administrators through judicial institutions is one alternative dispute resolution that can be used and is stated in the provisions concerning foundations, depending on the type of dispute, and the object of the dispute for dispute resolution before the court.

DOI 10.20525/ijrbs.v11i8.21750 Crossref citations0 OpenAlex citations
JOURNAL ARTICLE

Legal reconstruction of shipping flow maintenance by port business entities (BUP) in the future

Muhammad Israyadi · Dhiana Puspitawati · Setyo Widagdo · Herman Suryokumoro

International Journal of Research in Business and Social Science · 2022

Read abstract

The port is a gateway to enter a region or country and as a liaison infrastructure between regions, between islands, and even between countries. One of the important factors in the port is the shipping lane. The shipping lane is used for the trajectory of ships that will enter the port pool. The Port Business Entity has the obligation to carry out maintenance of shipping lanes and port pools in the form of dredging, so that ship traffic flows and port pools can be maintained properly. However, there are obstacles to carrying out dredging, namely regulations related to the obligation of business actors to have at least one dredger unit to obtain a dredging and reclamation business permit. In addition, regarding funding from the State Revenue and Expenditure Budget (APBN), in particular the dredging of shipping lanes and port pools, the central government no longer allocates dredging funds. By using normative legal research, it is known that legal reconstruction in shipping lanes and port pools by port business entities (BUP) will be carried out in the future to realize the discourse on the transformation of port business entities. In addition, it is necessary to improve Law Number 17 of 2008 concerning Shipping; it is necessary to improve port regulations.

DOI 10.20525/ijrbs.v11i6.19180 Crossref citations1 OpenAlex citations
JOURNAL ARTICLE

Can business judgment rule be a justification reason in corruption cases in state-owned enterprises in the form of limited liability companies?

Andi Wahyu Wibisana

International Journal of Research in Business and Social Science · 2022

Read abstract

This study aims to obtain a scientific, legal construction regarding the position of the business judgment rule in cases of corruption in a State-Owned Enterprise in the form of a Limited Liability Company. This research is normative legal and uses qualitative methods to produce descriptive data. The documents used are secondary data in the form of primary legal materials and secondary legal materials published in the public domain. The findings of this study conclude that efforts are needed to harmonize the business judgment rule doctrine with the Indonesian legal system and criminal law. The Government of Indonesia and the Legislative Body to make a derivative of Law Number 40 of 2007 concerning Limited Liability Companies or Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas (UUPT No.40/2007) which regulates more clearly and in detail related to the business judgment rule and its derivatives so that there is a sense of justice and legal certainty and legal protection for stakeholders, law enforcers and directors. Thus, the Directors of State-Owned Enterprise s(SOE) or Badan Usaha Milik Negara Pesero (BUMN) in running the company have accountability rules related to business decisions made to optimize the company's performance achievements, which in turn can have a positive impact on the Indonesian economy.

DOI 10.20525/ijrbs.v11i6.19751 Crossref citations3 OpenAlex citations
JOURNAL ARTICLE

The urgency of labor law for informal sector workers in the welfare state concept: An evidence in Indonesia

Adnan Hamid · M.Rizky Aldila · Adila Meytiara Intan

International Journal of Research in Business and Social Science · 2022

Read abstract

This study aims to re-examine the issues that involve outreaching the urgency of labor law for informal sector workers in the concept of the welfare state in Indonesia. The research method used is a normative juridical approach or a study of documents or literature that only focuses on labor laws currently in force in Indonesia. The qualitative method approach that is descriptive-analytic is used to describe the relationship of a phenomenon, idea, data, or fact that is found objectively. This study found that the rights, dignity, standard of living, and even the working environment of informal sector workers are still neglected by labor law in Indonesia today. The national labor law has not accommodated legal protection, guarantees, and social security, so there is a legal vacuum for informal sector workers. This condition contradicts the philosophy of Pancasila and the constitution, the 1945 Constitution of the Republic of Indonesia. Thus, efforts to develop labor laws are expected to be carried out by the government together with the legislature to make all parties have the same position in the production process for the achievement of the company's progress. will have implications for national economic growth. On the other hand, this effort is expected to create legal harmonization in the field of employment in general and especially for informal sector workers in the welfare state in Indonesia.

DOI 10.20525/ijrbs.v11i6.20368 Crossref citations12 OpenAlex citations
JOURNAL ARTICLE

Tax dispute settlement mediation arrangements in the future tax court

Ruwaidah Afiyati · Sudarsono · Tunggul Anshari Setia Negara · Imam Koeswahyono

International Journal of Research in Business and Social Science · 2022

Read abstract

Tax Dispute Settlement in the Tax Court has not provided a sense of justice and legal certainty and is only through litigation that is win-lose (win-lose). Settlement of tax disputes through litigation is less useful because the process is long and lengthy, besides that tax disputes continue to increase. The existing tax dispute resolution methods do not reflect the dispute resolution process that is simple, fast, low cost, and does not provide a sense of justice and legal certainty. Alternative tax dispute resolution is through a mediation process, but in this process there is no norm that regulates it. The purpose of this study is to find out how the mediation arrangement for tax dispute settlement in the Tax Court should be in the future. The research method used is a normative legal research method with a statutory approach, a historical approach, a concept approach and a comparative approach. The legal materials used consist of primary, secondary, and tertiary legal materials with the technique of collecting legal materials, namely through library research. The technique of analyzing legal materials is carried out by qualitative juridical methods. The results of the study indicate that the settlement of tax disputes through mediation can be regulated in the Tax Court Law by examining the Ordinary Procedure prior to the examination of the subject matter of the dispute, and mediation can be carried out for certain types of tax disputes, so as to achieve a simple, fast and low-cost dispute resolution for the taxpayers. disputing parties, and can reduce the number of disputes that must be examined and decided by the Tax Court.

DOI 10.20525/ijrbs.v11i5.18671 Crossref citations1 OpenAlex citations
JOURNAL ARTICLE

Passive subjective novation in credit arrangement: Legal assurance and protection capability

Budi Her Utomo · Suhariningsih · Iwan Permadi · Yuliati

International Journal of Research in Business and Social Science · 2022

Read abstract

The legal vacuum regarding Passive Subjective Novation causes legal uncertainty and creates problems because there are no clear references in terms of understanding, implementing regulations, and standard operating procedures. The purpose of this research is to find out the right arrangement related to Passive Subjective Novation so that it can provide legal certainty and protection. This research is normative juridical research using an analytical approach and a conceptual approach as well as analysis techniques of grammatical interpretation, systematic interpretation and teleological interpretation to analyze primary, secondary and tertiary legal materials. The results of this study indicate that there are two ways of legal protection in the passive subjective Novation case, namely preventive and repressive legal protection. Preventive legal protection can be done by making a new statutory regulation or adding provisions to existing laws and regulations regarding passive subjective novation of credit agreements by using mortgage guarantees. Meanwhile, repressive legal protection can be carried out by giving sanctions to violators of the agreement that has been made related to passive subjective novation of credit agreements by using mortgage guarantees, namely in the form of compensation, fulfillment of achievements, and a combination of compensation and fulfillment of achievements.

DOI 10.20525/ijrbs.v11i3.16960 Crossref citations0 OpenAlex citations
JOURNAL ARTICLE

The implementation of labor strike rights: Between freedom and order in Indonesia

Adnan Hamid · Andi Wahyuni Wibisana

International Journal of Research in Business and Social Science · 2022

Read abstract

This research aims to investigate and know about the implementation of labor strike rights, between freedom and order in Indonesia. The methodology of this research is normative legal research using a qualitative descriptive approach, and data collection techniques using library research techniques. The results of the study indicate that a labor strike occurs when unjust labor practices occur in which workers/workers hold their jobs to protest against employers who are considered to have violated the applicable labor laws. Workers who strike because of unfair labor practices cannot be legally dismissed or replaced permanently and this is guaranteed by law in Indonesia. However, some efforts are needed to navigate the potential for a labor strike that can be carried out by improving the quality of working life in the company. Through the implementation of the quality of work-life, it is hoped that workers will feel involved in the workplace. If there is a problem at work, the workers/workers want to be heard by the company's leadership, and they want to know that there is a fair settlement process as regulated by the prevailing regulations and laws so that this is the best solution to prevent and deal with labors to strike rights.

DOI 10.20525/ijrbs.v11i3.17362 Crossref citations5 OpenAlex citations
JOURNAL ARTICLE

Arrangement model for the implementation of pledge of shares execution for a public company by private sale to create sustainable economic development

Putri Purbasari Raharningtyas Marditia · James Xaverius · Jeff Gerardo · Rya Terassa Manihuru

International Journal of Research in Business and Social Science · 2022

Read abstract

Since 2020, the pledge of shares has been re-recognized as one of the efforts for business development, as an example of which will be carried out by PT Pegadaian after the merger with PT Bank Rakyat Indonesia. This fact shows that Pledge of Shares has developed as a new trend in economic development, especially in limited liability companies. However, in Indonesia, this trend growth has not been matched by a regulatory system that guarantees legal protection for debtors, especially in the Pledge Of Shares Execution for a Public Company, which are carried out by private sale. This condition has created many legal vacuums, which have led to inconsistent court decisions regarding the pledge of shares execution in public companies. Therefore, according to the above, through this writing, the author aims to describe a regulatory pattern that can create a protection mechanism for debtors related to the Pledge of Shares Execution for a Public Company by private Sale—aiming to provide recommendations on regulatory patterns based on a comparison of the pledge of shares execution for public companies in several countries that have a frequency of active business transaction activities with Indonesia, namely Singapore and the United States of America, in the hope of providing a comprehensive reference to determine the regulatory pattern that suits the needs Indonesia to produce sustainable economic development. The preparation of this writing was made using a normative juridical method. So that through the results of this writing, it can be an alternative solution to the legal vacuum.

DOI 10.20525/ijrbs.v11i1.16850 Crossref citations0 OpenAlex citations
JOURNAL ARTICLE

Judicial pardon as perfection of the implementation of legality principle in sentencing

Albert Aries

International Journal of Research in Business and Social Science · 2022

Read abstract

For more than 75 years of enactment of the Dutch Criminal Code (KUHP), the legality principle contained in Article 1 Paragraph (1) of the Criminal Code is applied rigidly in Indonesia. This rigidity is now perfected with the model of the Judicial Pardon which can be imposed after examination and proof that leads to the conclusion that the defendant is legally and convincingly proven guilty of committing the crime charged by the Public Prosecutor. However, because there are several basic considerations as guidelines for sentencing, namely the lightness of the act, the personal circumstances of the perpetrator, the circumstances at the time of the commission of the crime, the aftermath, and incapacity that can be forgiven, as well as aspects of humanity and justice, grant judges the authority not to impose a crime or impose action against the defendant, so that the decision model perfects the principle of legality in modern sentencing, and is expected to solve the problem of the excess number of inmates from prisons. This research was conducted using the normative legal research (qualitative legal research) method by conducting a juridical study of data sources originating from the legal principles contained in the Criminal Code of several countries. This research is expected to find clearer arrangements and formulations of dictum decisions for fair legal certainty.

DOI 10.20525/ijrbs.v11i1.16700 Crossref citations1 OpenAlex citations
JOURNAL ARTICLE

Model of legal protection for aircraft property guarantee in Indonesia

Putri Purbasari Raharningtyas Marditia · Hans Sebastian Adiwinata

International Journal of Research in Business and Social Science · 2022

Read abstract

Airplanes are legal objects of high economic value (high valuable assets) so that airplanes can be used as assets to guarantee the risk of debt agreements. The regulatory provisions related to guarantees for aircraft are based on the provisions of Law Number 15 of 1992 concerning Aviation which stipulates that aircraft can be used as collateral through a mortgage guarantee institution, but in its development, the regulation was replaced by Law Number 1 of 2009 concerning Aviation, which in its latest arrangement eliminates the ability of aircraft to be subject to collateral. This condition creates a legal vacuum because it does not provide alternative settlements and adjustments to aircraft that have been and will become objects of guarantee. So based on these conditions, it is necessary to have a regulatory model that can be used as a reference in the formulation of regulations related to the continuation of aircraft as an object of guarantee. The regulatory model referred to in this paper is in the form of formulating a regulatory pattern that provides a comprehensive overview of the Guarantee Institution, Implementation Mechanism, Guarantee Execution Mechanism, and Guarantee Implementation Authority that adapts to the regulatory system in Indonesia. To describe the regulatory model, the research method used is a normative juridical method based on a statutory and conceptual approach. With the aim of being able to comprehensively present a form of a continuous pattern of arrangements that will form a protection system for creditors by focusing on the Guarantee Institution, the guarantee implementation mechanism, the guarantee execution mechanism, and the Guarantee Implementing Authority for aircraft.

DOI 10.20525/ijrbs.v11i1.16020 Crossref citations0 OpenAlex citations
JOURNAL ARTICLE

Safe deposit box regulatory model

Putri Purbasari Raharningtyas Marditia · Catherine Tania

International Journal of Research in Business and Social Science · 2022

Read abstract

Safe Deposit Box is a banking product that provides goods storage services, such as money, securities, and other valuables. This product guarantees the confidentiality of information related to its use. In this regard, the Safe Deposit Box is one of the services that is risky and vulnerable to being used by money laundering actors. Then, based on the recommendations of the Financial Action Task Force (FATF) it is stated that each country is obliged to identify, analyze, and evaluate the risks of money laundering and terrorism financing in that country. To follow up on these recommendations, Indonesia has established an Anti-Money Laundering and Prevention of Terrorism regime, as an effort to determine the direction and mitigate the risks of using financial services in money laundering practices. However, the need to protect Bank Secrecy cannot be ruled out. So it is necessary to make arrangements that can accommodate the need for a Safe Deposit Box Mechanism that can protect bank secrecy and prevent money laundering practices. Based on this research, the writing method used is a normative juridical method with a statutory and conceptual approach. The purpose of this study is to provide an overview and analysis related to the need for legal regulation and supervision of use related to Safe Deposit Boxes that can guarantee bank confidentiality, but can prevent money laundering practices, especially to identify user information, access data and information on money laundering practices and Politically Exposed Persons. (PEP) in Indonesia.

DOI 10.20525/ijrbs.v11i1.16030 Crossref citations0 OpenAlex citations
JOURNAL ARTICLE

Legal protection justice collaborators in corruption justice system

Mochamad Ali Asgar · I Nyoman Nurjaya · Bambang Sugiri · Tunggul Anshari

International Journal of Research in Business and Social Science · 2021

Read abstract

Corruption is a crime that is difficult to eradicate because the perpetrators of corruption usually have a strong economic and political position so that corruption is classified as a white-collar crime, crimes as business, economic crimes, official crime, and abuse of power. The purpose of this research is to know the urgency of providing legal protection for witnesses to perpetrators who are willing to cooperate with law enforcement in the investigation of Corruption Crimes. This research is normative legal research using the statute approach, philosophical approach, and case approach. The results can be explained that the urgency of providing legal protection for perpetrators of witnesses who are willing to cooperate with law enforcement in the investigation of Corruption Crimes because Justice Collaborator is the main actor who can help uncover a crime because it has the potential to have evidence to drag the main perpetrator and other suspects in. Third, the future arrangements for perpetrator witnesses who are willing to cooperate with law enforcement still cannot be used as a strong legal basis regarding the right of commutation of sentence for Justice Collaborators in criminal justice by law enforcement officers and many have weaknesses, especially in terms of commutation of sentences for Justice Collaborators for their testimonies in assisting law enforcement officers but are only used as considerations by judges without any binding power that obliges judges to provide leniency.

DOI 10.20525/ijrbs.v10i6.13401 Crossref citations2 OpenAlex citations
JOURNAL ARTICLE

A critical study of the Job Creation Law No. 11 of 2020 and its implications for labor in Indonesia

Adnan Hamid

International Journal of Research in Business and Social Science · 2021

Read abstract

This study aims to examine the Job Creation Law No. 11 of 2020 which contains the interpretation, position, and implications of the Act on employment in Indonesia. The research method used is normative legal research, and the findings of the research are the Job Creation Law No. 11 of 2020 is considered to have tended to ignore labor rights. This law was formed and ratified as a labor law, which is still considered far from the wishes of the people who adhere to democratic principles. This is due to the lack of optimal community involvement in the drafting process so that this law has very implications for workers. For example, workers do not have a strong bargaining position in labor law in Indonesia. Therefore, it is necessary to develop a manpower law that is in line with the mandate of the Preamble and the 1945 Constitution as a basis for the government and parliament in making laws and regulations and at the same time providing legal protection, especially for workers or laborers and employers simultaneously in order to create a society that is prosperous, and evenly distributed both materially and spiritually.

DOI 10.20525/ijrbs.v10i5.12717 Crossref citations14 OpenAlex citations
JOURNAL ARTICLE

The Implementation of criminal sanctions as ius puniendi

Adnan Hamid · Hasbullah Hasbullah

International Journal of Research in Business and Social Science · 2021

Read abstract

The purpose of this study is to investigate and assess and seek to answer comprehensively related to the implementation of criminal sanctions for entrepreneurs who pay below the minimum wage in Indonesia. As the object of research is manpower and criminal law which must be used as a tool for social control and as an obligation of the state to implement it, ius puniendi. This research is normative legal research using quantitative methods. The results of the study indicate that the implementation of criminal sanctions is very necessary and becomes a critical issue as a form of protection for workers to ensure the basic rights of workers to obtain a minimum wage. Efforts that must be made by the government are implementing criminal sanctions consistently, implementing literacy programs and sharing information, implementing socialization programs with a dialogical approach that involves the participation of the wider community, improving the quality of public services based on professional human resources and utilizing communication and information technology. to prevent and minimize the occurrence of various forms of violations of labor law and criminal law, especially with regard to the provisions of the minimum wage.

DOI 10.20525/ijrbs.v10i4.12593 Crossref citations5 OpenAlex citations
JOURNAL ARTICLE

The legal protection weakness of the directors board from the risk of losses due to business decisions

Kusmono Kusmono · Sihabudin Sihabudin · Iwan Permadi · Heru Ratno Hadi

International Journal of Research in Business and Social Science · 2021

Read abstract

Business is a risk. There is no guarantee the business is run By the board of Directors who will always bring profit. One day profit, no profit, and another time can lose. When business decisions are taken by the board of Directors losses especially in significant amounts can be ascertained will happen nervousness on the board of Directors of the Company. State-Owned Enterprises established for business purposes in the full operation of risk. Law No. 19 of 2003 concerning State-Owned Enterprises does not regulate the protection of the Board of Directors of the Company, meanwhile, Law No. 40 of 2007 on Limited Liability Companies regulation of the protection of the Board of Directors of its implementation gives rise to multi-interpretation. Business decisions made by the Board of Directors of the Company in accordance with the principles of Business Judgement Rule are business risk, should get legal protection. The purpose of this research is to find out the weaknesses of this legal protection. This research includes normative legal research with a statutory approach with The analysis technique in this research is investigation strategy. The results show that there is no legal certainty regarding business decisions taken by Directors who experience losses in business transactions so that the Government / DPR must amend the BUMN Law by adding articles on the legal protection of the Directors of Persero.

DOI 10.20525/ijrbs.v10i2.10381 Crossref citations2 OpenAlex citations
JOURNAL ARTICLE

Legis ratio of the Indonesian national army's authority arrangements to overcome armed separatism movements, armed insurgency, and the terrorism

Tri Ubayanto · Sudarsono Sudarsono · Iwan Permadi · Setyo Widagdo

International Journal of Research in Business and Social Science · 2020

Read abstract

The purpose of this study is to find out about the setting of the authority of the Indonesian National Army (TNI)  overcoming the armed separatist movement, armed insurgency, and acts of terrorism in Law NRI Number. This research is normative legal research using the statutory approach, historical approach, comparative approach, philosophical approach. The analysis technique is done by qualitative juridical analysis. The results showed that the legis ratio of regulating the authority of the Indonesian National Army in overcoming armed separatist movements, armed insurgency, and acts of terrorism in RI law number 34 of 2004 concerning the Indonesian National Army was departed from the desire to abandon the dual function model of ABRI, namely as a security and security forces and as a social-political force. As a social and political force, ABRI at that time had a role as a stabilizer, a dynamist, as a pioneer, and as an implementer of Pancasila democracy. With the enactment of RI law number 34 of 2004 concerning the Indonesian National Army, changing the Indonesian National Army as a means of defense of the Unitary State of the Republic of Indonesia, which is tasked with implementing a state defense policy to uphold national sovereignty, maintain territorial integrity, and protect national security, carry out military operations for war and military operations other than war, and actively participate in the task of maintaining regional and international peace

DOI 10.20525/ijrbs.v9i3.6860 Crossref citations2 OpenAlex citations
JOURNAL ARTICLE

Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011

Hendra Kurnia Putra · Sudarsono Sudarsono · Istislam Istislam · Aan Eko Widiarto

International Journal of Research in Business and Social Science · 2020

Read abstract

The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.

DOI 10.20525/ijrbs.v9i3.6851 Crossref citations4 OpenAlex citations