Alauddin Law Development Journal

Exploring Employment Rights for Individuals with Disabilities: A Cross-National Comparative Analysis in The Context of Fair Competition and Sustainable Development Goals

Rianda Dirkareshza, Sahda Saraswati Akbar, Gilang Abi Zaifa — Fri, 30 Aug 2024 06:22:23 +0000

Disabilities are defined as people who show functional difficulties along with the obstacles present from the social environment so as to limit their participation in society. This research aims to provide insight for policy makers, practitioners, and organizations that care about the rights of workers with disabilities in developing and improving existing regulations and policies. This study uses a comparative legal research method that compares existing regulations in Germany, Canada, Australia, Japan, and the US with existing regulations in Indonesia through a statutory law research and a conseptual approach. The novelty in this writing is to conduct a comparative study of the rights of workers with disabilities from 4 continents, especially with 6 different countries to create ideal regulatory and policy concepts that can be implemented in Indonesia. However, Indonesia itself has created a Disability Vocational Training Center (PPVD) which aims to empower disabled workers to welcome an inclusive Indonesia.

Effectiveness of Assessment in Law Enforcement Offenses of Narcotics Abusers

Salman Alfarisi , Orin Gusta Andini, Alfian — Fri, 30 Aug 2024 06:38:18 +0000

This study aims to describe the implementation of Integrated Assessment and assess the effectiveness of the assessment of criminal acts of narcotics abuse. The research method used is normative research method, supported by field data and in-depth interviews with respondents and sources relevant to the research topic. The results showed that not all cases involving narcotics offenders were given assessment recommendations due to differences in perception among law enforcement, and the high cost of assessment. The implementation of the assessment of narcotics abusers has not been effective because its implementation has encountered various obstacles. This article recommends that a review of the legal basis for handling narcotics is needed to ensure legal certainty in the implementation of assessments and the need for the government to take a health approach in handling narcotics in Indonesia.

Legal Protection for Buyers Against Cancellation of The Certificate of Land Rights Due to Administrative Defects

Moch Januar Ramadani, Yani Pujiwati, Yenni Yunithawati Rukmana — Fri, 30 Aug 2024 06:49:24 +0000

The purpose of this research is to analyze the position of land rights certificates which were canceled by BPN due to administrative defects related to the status of land rights and legal protection for buyer. This research makes use of a normative juridical approach as its methodology. In this research, it is stated that Land Rights established on Management Rights and then transferred to third parties/buyers without permission from the Management Rights holder can be categorized as genuine but fake certificates (asphalt), so that such certificates are declared administratively defective and must be cancelled. Regarding protection for buyers whose certificates are later cancelled, legal protection can be implemented repressively, namely by the buyer getting compensation for the canceled certificate which should be the buyer's right.

Political Education Law Determination of Political Parties in Indonesia

Adham Feridiansyah, Azamat Darkhan — Fri, 30 Aug 2024 07:13:06 +0000

The political party system in Indonesia often causes confusion among the local populace, as political parties are the primary actors in a democratic society. Political participation is crucial for a substantive democracy state, and the public needs to understand the importance of political parties through political education. Two main concerns are designing an ideal political education model to encourage political participation and reconciling with parties that do not engage in political education. The study suggests discussing a political education model for the public and promoting campaigns to encourage political parties to provide political education. The results of political parties should be evaluated through the efforts of the BPK and inspectorates, and their results should be made publicly available. The article is written using first- and second-class legal materials, using the method of defiance known

The Nature of Law Enforcement of Illegal Fishing in Indonesia After The Establishment of The Employment Law

Muhammad Fauzi Ramadhan, Muhammad Fachri Said, Syawal Amirul Syah — Fri, 30 Aug 2024 07:25:06 +0000

This research aims to analyze and find out the reality of the enforcement of illegal fishing law in Indonesia as well as the enforcement of illegal fisheries law in indonesia after the introduction of the Ciptaker Act. The type of research used is normative research, i.e. research with legislative approaches and supporting literature as research source material. The results of the study indicate that (1) the enforcement of the law of illegal fishing in Indonesia as well as enforcing the law on illegal fisheries in Indonesia after the creation of the Ciptaker Act, is basically aimed at protecting fishing resources,ining the sustainability of the marine environment, and ensuring that seafood can be sustainably utilized by future generations. (2) The enforcement of illegal fishing laws in Indonesia after the introduction of the Ciptaker Act, there are some changes in regulations that affect the enforcing of illegal fisheries law in Indonesia.

Application of Restorative Justice Against Oil Palm Theft: Analysis of Islamic Criminal Law Case Study Medan Labuhan District

Nurul Muhairina, Zulkarnain — Fri, 30 Aug 2024 07:41:12 +0000

Palm oil theft is a common crime in Indonesia, regulated by positive law. However, in the case of theft crimes in Medan Labuhan District, the use of restorative justice and Islamic criminal law is used to resolve these cases. This study aims to analyze the role of restorative justice in handling oil palm theft cases in Medan Labuhan sub-district from the perspective of Islamic criminal law. Restorative justice focuses on restoring relationships between victims and the community through dialogue and mutual attestation, compared to a retributive approach that focuses on providing punishment. This qualitative research, using empirical juridical approaches and field research techniques, concludes that restorative justice in the Islamic criminal law system can be an effective alternative in handling theft cases, especially in the community of Medan Labuhan District. This approach aligns with the principles of shura (deliberation), which prioritize peaceful settlement and the restoration of social relations.

The Influence of Trademark Bullying on Brand Owners of Large Businesses and UMKM Actors Based on Positive Law in Indonesia

Shilfa Lainun Hilmansyah, Rika Ratna Permata, Tasya Safiranita — Sat, 31 Aug 2024 00:58:48 +0000

This study analyzes the impact of Trademark Bullying in influencing business competition in Indonesia on business owners and efforts can be made in the event of legal uncertainty for business actors who own UMKM brands in the event of Trademark Bullying based on the applicable positive law. The stidy used juridical normative method. Trademark Bullying practices also involve threats of litigation or legal reporting to the authorities. Where if this happens small business brand owners will be greatly disadvantaged because of the large costs required if this takes place in the litigation process because small business brand owners do not have the financial capacity to fight legally, so in the end they give up using the brand they own. legally due to the lawsuit process filed by the perpetrator of Trademark Bullying.

Legal Protections for Limited Liability Company Shareholders with Mental Health Disorders

Rivaldo Fakhri M — Sat, 31 Aug 2024 01:11:37 +0000

Minority shareholders, including those suffering from mental illness, frequently encounter numerous obstacles in securing adequate legal protection. The study employs a normative juridical method with a statutory approach to address its objectives. The results showed that the shareholders can file direct lawsuits against the company or derivative lawsuits on behalf of the company if the directors or management engage in unlawful activities that infringe on their rights, as outlined in the corporation law. They can also initiate lawsuits against the company in cases of loss or psychological harm. In situations where the company suffers a loss, the right to sue belongs to the company itself, not to the minority shareholders, reinforcing a bias towards the directors over minority shareholders, including those with mental disorders, since the directors are authorized to represent the company in legal matters.

Legal Protection for Victims of Crimes of Abuse That Result in Serious Injuries: A Human Rights Perspective

Naufal Ismail, M. Gary Gagarin Akbar, Muhamad Abas — Sat, 31 Aug 2024 01:21:34 +0000

Human Rights (HAM) are inherent rights that every person possesses from birth and must be respected by all individuals. In the case of decision number 467/Pid.B/2022/PN.Dpk., the victim of the abuse did not receive their due rights for the suffering and losses endured. This study employs a normative legal research method with a juridical normative approach to analyze human rights theories and relevant legislation concerning legal protection for victims of criminal acts in Indonesia. The findings reveal that such acts of abuse violate human rights values enshrined in both national and international regulations. The state plays a crucial role in restoring the human rights of victims to ensure legal protection and justice. Legal protection should include judges' understanding of victims' rights, including the application for restitution and compensation, as well as the merging of criminal and civil cases.

The Analysis of The Verdict Against Perpetrators of Criminal Acts of Narcotics in the State Court Sungguminasa

Indah Fajarwati, Ahkam Jayadi — Sat, 31 Aug 2024 01:30:35 +0000

Drug crime is a serious threat with far-reaching repercussions, mainly due to its transnational nature. Indonesia, including one of the countries famous for the circulation of narcotics, is not only a target but also a transit area for perpetrators of this crime before reaching the final destination. Narcotic abuse is not a legitimate and often uncontrollable behavior, but rather is carried out in order to obtain disordered psychotropic effects. As a result, it not only damages physical and mental health, but also has serious social repercussions. Therefore, the handling of drug crime is an important priority in order to maintain the safety and welfare of the community.

The Legal Protection in The Use of Authentic Deeds in The Patent License Agreements

Silvia Sofiatunnisa Mulyana, Ranti Fauza Mayana, Elisatris Gultom — Sat, 31 Aug 2024 01:50:59 +0000

This research examines the urgency of incorporating authentic deeds in patent licensing agreements and formulating such documents to establish legal safeguards that enhance the effectiveness of patent licensing ventures. This study employed a normative juridical approach with analytical descriptive methods. The results showed that the integration of authentic deeds in patent licensing agreements ensures legal certainty for the involved parties, as these deeds serve as conclusive evidence to validate legal actions taken by the parties. Furthermore, authentic deeds act as a deterrent against bad faith actions by preventing parties from disavowing the agreement's contents. Additionally, there are no specific government-mandated formulations for patent licensing agreements. To achieve optimal legal protection, the formulation of an authentic deed in a patent license agreement should encompass aspects such as license exclusivity, limitations on patent usage, annual patent fees, information disclosure clauses, the equilibrium of patent use, sanctions, and dispute resolution.

The Use of Oath Evidence and Its Implementation (Study in Surakarta Religious Court)

Muhammad Kurniawan Budi Wibowo , Aditya Fajri Kurnia Pradana — Sat, 31 Aug 2024 02:25:35 +0000

The evidence of the oath considering that the oath is directly related to God, then all the risks and consequences that arise will be felt alone to the reciter of the oath. What makes the most basic problem is that oath evidence is set at the end of various other evidence. The method of approach in this research is normative juridical, which is legal research conducted by examining library materials / secondary data as a basis for research by conducting a search for regulations related to the issues discussed. The results of research on oaths in Islamic law are the fulfilment of Allah's commandments that have a strong foundation. The oath by which one party binds the other party to the decision of a case, which is made orally in the presence of the opposing party and before the judge in the ongoing trial, is called the deciding oath/dicissoir.

A Comparison of Liability Between Partners in a Civil Partnership and Partners in a Firm

Nurul Hulwanita Sharfina — Sat, 31 Aug 2024 02:41:40 +0000

The research aims to examine the distinctions in liability between partners in civil partnerships and those in firms, while exploring the legal implications of the partnership establishment from the Civil Code perspective. The research was a normative juridical approach with legislative and used the qualitative analysis. The research found that the necessity for civil partnerships to adhere to the guidelines outlined in Regulation No. 17 of 2018. While aligning a civil partnership's name with Regulation No. 17 of 2018 does not alter partners' liability towards third parties to mimic that of firm partners, it highlights the unique management and liability characteristics distinguishing civil partnerships from firms. Consequently, there exist discrepancies in partner liability towards third parties: in civil partnerships, liability pertains solely to members involved in legal actions and is personal, whereas in firms, liability is shared among all partners.

The Adoption of The Law Against the Perpetrators of Pimps

Jabal Nur Gallarang, Maria Priscalia — Sat, 31 Aug 2024 03:00:24 +0000

This study aims to explore the settlement of prostitution cases focused on the role of pimps in the city of Makassar and the steps that have been and will be done by the police in preventing the practice. The results showed that Polrestabes Makassar has implemented a strategy in accordance with Perkapolri number 14 of 2012 on Investigation Management. This approach includes planning, organizing, and conducting investigations consisting of Investigation, forced effort, examination, case title, settlement of Case Files, submission of suspects and evidence, until the termination of the investigation. Meanwhile, efforts to prevent and eradicate human trafficking, especially in sexual exploitation are realized through preventive and repressive actions by the Makassar Polrestabes. This reflects the commitment of the police in dealing with prostitution cases comprehensively, from investigation to prevention

Normative Review of The Dissolution of Limited Companies Proposed by Shareholders

Erlangga Dana Arta, Aju Putri, Janti — Sat, 31 Aug 2024 03:21:03 +0000

This study explains the legal framework governing the dissolution of Limited Liability Companies in Indonesia based on the Limited Liability Company Law (UUPT), with an emphasis on proposals encouraged by the General Meeting of Shareholders (GMS). Acknowledging the multifaceted nature of dissolution, this research emphasizes its far-reaching impact on employees, creditors, and society at large. The normative juridical approach is a methodological framework based on primary legal sources, which includes a comprehensive review of theories, concepts, legal principles and statutory regulations related to the subject matter under study. The legal consequence for a Limited Liability Company (PT) that does not undergo a liquidation process is that the company's continued existence remains, so that it is subject to ongoing legal obligations and administrative requirements which can result in sanctions and fines, while the inability to terminate legal entity status can complicate taxation issues. , licensing, and corporate governance.

Constitutional Court Decision Influence on The Role of Notaries in Legalisation of Marriage Agreements and Third Parties

Kirana Edenela, Ery Achmad Busro — Sat, 31 Aug 2024 03:41:10 +0000

The Constitutional Court Decision Number 69/PUU-XIII/2015 has changed the norms. The agreement is valid from the start of the marriage if the husband or wife do not decide when it takes effect. The notary has additional authority to ratify marriage agreements that conflict with Article 16 (1) UUJN. The research uses qualitative research with normative juridical research, collecting data from laws, books, theses, and journals. The results showed that the third parties who make marriage agreements in the form of a notarial deed, ensuring the contents do not conflict with applicable norms and cannot be changed at will by the husband or wife. The notary is expected to request an inventory list of assets acquired in the marriage bond and make a statement that these assets have never been transacted in any way or form.

Criminological Analysis of Banking Crimes in Makassar City

Nur Fadhilah Mappaselleng, Andar Siddik — Sat, 31 Aug 2024 03:53:02 +0000

This research aims to analyze the factors causing banking crime in Makassar City and the prevention efforts of the South Sulawesi Regional Police. Data was gathered from direct interviews with 20 respondents, including 10 investigators, 5 bank employees, and 5 victims of banking crime. The findings indicate that supervision, technological, economic, and opportunity factors are the main causes of banking crime in Makassar City. The police's preventive measures include legal counseling, patrols, routine supervision, community policing, and investigations. The research recommends revising the Banking Law to adapt to the banking industry's changes and challenges in the digital era. Additionally, improving police resources' quality and training in knowledge, skills, and integrity are crucial for future action.

The Comparative Analysis of Consumer Dispute Resolution in The Karawang Court and Consumer Dispute Resolution Agency (BPSK)

Wulan Sri Rahayu, Yuniar Rahmatiar — Sat, 31 Aug 2024 04:07:20 +0000

Indonesian Consumer Protection Law which controls the assurance of shoppers affirms in Article 1 passage (1) that shopper security is any exertion that ensures the presence of legitimate certainty to supply security to shoppers. This study method was qualitative and juridical approach. The results showed that the debate determination in court settlement of buyer debate in court or regularly called determination by case. Debate determination exterior the shopper debate determination court as directed in Law Number 8 of 1999 concerning customer assurance can be taken by making a complaint to the BPSK. It can be concluded that the legal certainty of the BPSK decision is the resolution of disputes that are still not in accordance with the expectations of the community. The process in BPSK is often more informal and more confidential than this process in court can make the parties involved feel more comfortable because their privacy is protected.

Analysis of The Prospects for The Implementation of The Customary Land Registration System: Benefits and Legal Issues

Sat, 31 Aug 2024 04:26:51 +0000

The existence of Permen ATR/KBPN No. 14 of 2024 regulates the customary land registration system in Indonesia. The purpose of this research is to analyses the customary land registration system and conceptually analyses the legal certainty of the issuance of customary land certificates. This type of research is normative legal research. The approaches used in analyzing in this research are legislative approach, case approach and concept approach. The results showed that the customary land registration system has been regulated in Permen ATR / KBPN No. 14 of 2024, in this legal provision it is regulated that customary land can be controlled in the form of management rights decisions and property rights certificates while the legal certainty of the issuance of customary land certificates according to Permen ATR / KBPN No. 14 of 2024 still encounters problems in terms of legal concepts.