Explore publications.

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.  

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.