Mahadi: Indonesia Journal of Law

Legal Study of the Failure of Mediators in Resolving Disputes on the Division of Collective Property After Divorce (Study in Medan Religious Courts)

2024-02-23T11:29:00+07:00

In Article 1 of the Marriage Law, marriage reflects the spiritual and physical bond between a man and a woman with the aim of forming a happy and lasting family based on faith in the Almighty God. In legally valid marriages, the role of assets is crucial in building a household, both as individual and joint assets. Issues related to marital assets often arise, affecting the well-being and comfort within the marriage. Reasons for divorce include invalid marriages, domestic violence, neglect of responsibilities, and prolonged disputes. When both parties seek divorce, mediation is utilized as a means to resolve conflicts, guided by a mediator seeking resolution options. This study identifies factors contributing to the failure of mediation in resolving disputes over joint property. These factors include parties' knowledge, absence, cultural and character differences, reluctance to compromise, prolonged and complex conflicts, ill intentions, external influences, lack of understanding of rights and obligations, and materialistic tendencies. The success of mediation in the Medan Religious Courts depends on the mediator's ability, derived from knowledge, education, training, and experience, which serves as a tool to effectively assist parties in resolving their disputes.

Legal Review of the Authority of Financial Services Authorities in Crime Practicesinsider Trading in Capital Markets in the Development of Information Technology

2024-02-24T23:14:59+07:00

The practice of insider trading constitutes a violation or crime within the Indonesian capital market, necessitating a legal role to safeguard investors against frequent violations in the market. This research delves into the legal role in addressing insider trading practices within the Indonesian capital market. The objectives include identifying the characteristics of insider trading in the Indonesian capital market and discerning the legal responsibilities associated with such practices. The research addresses the following issues: First, the characteristics of insider trading in the Indonesian capital market; and second, legal responsibilities concerning insider trading practices in the Indonesian capital market. This study employs a deductive-analytic juridical-normative approach. The analysis reveals that, firstly, the provisions on insider trading in capital markets law have not effectively ensured maximum protection for investors in Indonesia. Secondly, there are hindrances to offering comprehensive legal protection to investors in light of insider trading practices within the capital market.

Implementation of the State of Law Principles from the Constitutional Law Perspective: A Case Study of Legislative Aspects in Law Enforcement in Indonesia

2024-02-25T12:24:28+07:00

The Fourth Amendment to the 1945 Constitution of the Republic of Indonesia, enacted in 2002, officially established the concept of the State of Law, or "Rechtsstaat," which was previously only mentioned in the Explanation of the 1945 Constitution. This concept was solidified in Article 1, paragraph (3), which states, "The State of Indonesia is a State of law." This study utilizes a normative legal research method, focusing on document analysis using various secondary data sources such as legal literature, court decisions, legal doctrines, and expert opinions. The research's analysis centers on the implementation of the rule of law principles within the constitutional framework, with a specific focus on legislation and law enforcement in Indonesia, particularly in the legislative domain. Despite efforts to reform legislation, there are still deficiencies in the legislative process that may hinder the effective implementation of the rule of law principles. Some challenges include inconsistencies in laws, the intricate nature of the legislative process, and potential political interventions that could compromise the independence of legislative bodies.

Optimizing Sustainability: Exploring the Intersection of Carbon Trading and Social Forestry Initiatives

2024-02-25T12:31:32+07:00

Carbon trading has emerged as a novel approach to mitigating climate change impacts and promoting sustainable development. The emphasis on social forestry enhances this strategy by involving local communities in forest management and carbon trading. In the context of the climate crisis, this study examines how the combination of carbon trading and social forestry can promote sustainability. The adoption of social forestry practices, such as empowering communities and managing forests sustainably, aims to reduce carbon emissions and preserve ecosystem health. This approach offers dual benefits by fostering local economic growth through carbon trading and safeguarding biodiversity while addressing climate change impacts. The research delves into the opportunities and obstacles of integrating carbon trading into social forestry, laying the groundwork for comprehensive solutions to sustainability and climate change adaptation.

Rights of Restitution to Child Victims Under Law No. 35 of 2014 Concerning Child Protection

2024-02-25T12:58:52+07:00

Restitution is the compensation paid by a perpetrator, as determined by a court with a final legal decision, to cover the material and/or immaterial losses suffered by the victim or their heirs. In cases involving child victims, restitution becomes obligatory for the perpetrator to compensate the victim for their losses. This demonstrates the perpetrator's responsibility for actions that have harmed the victim, their family, or heirs, in accordance with Article 71 D Paragraph (2) of Law Number 35 of 2014, which amends Law number 23 of 2002 concerning Child Protection. Restitution, as a form of compensation for victims of crimes, aligns with the Principle of Restoration to its Original Condition (restitutio in integrum), aiming to restore victims to their state before the crime, although complete restoration may not be possible. It emphasizes a holistic recovery approach, addressing various aspects resulting from the crime's consequences. Through restitution, victims can recover their freedom, legal rights, social status, family life, citizenship, residence, employment, and assets. The research will be conducted at the Belawan Police, Medan LPSK, and Bagan Deli Belawan Village.

Navigating Legal Awareness in the Digital Era: Cultivating A Digital Culture in Indonesia

2024-02-25T12:19:04+07:00

This research investigates the various impacts of digital transformation on legal culture and societal norms in present-day Indonesia. By examining the convergence of legal changes, technological progress, and cultural shifts, the study underscores the significance of maintaining traditional values in the face of rapid digital advancements. Emphasizing the importance of legal literacy, the paper advocates for innovative educational initiatives, such as those utilizing film and podcasts, to improve public comprehension of legal concepts. The analysis highlights the careful equilibrium needed for Indonesia to embrace digital culture while preserving its diverse cultural legacy.

Analysis of Governance System and Authority Distribution in DKI Jakarta: a Study of Government Structure and Electoral System

2024-02-24T21:56:16+07:00

Local government is the implementation of government affairs by the provincial government and the Regional People's Representative Council according to the principle of autonomy and duties assistance with the principle of the broadest possible autonomy within the system and regulations of the Unitary State of the Republic of Indonesia as intended in the 1945 Constitution of the Republic of Indonesia. In Indonesia itself, several autonomous regions have their specialties, one of which is the Provincial Government of the Special Capital Region of Jakarta, which carries out government affairs according to the principles of autonomy and assistance duties with the broadest economic principles as intended in the 1945 Constitution of the Republic of Indonesia. The research method employed in this study is the juridical normative method, which analyzes the applicable laws and norms related to the structure of regional government and the electoral system.

Resolution of Land Disputes Through Mediation

2024-02-24T23:34:30+07:00

This study delves into mediation as a means of dispute resolution, particularly outside the courtroom, contrasting with the prevalent use of courts, especially in land dispute cases. It highlights mediation as a direct process with enduring positive effects, aiming to achieve peace and mutually beneficial solutions while ensuring no party is harmed. The resulting agreement from mediation holds legal weight and is considered final, bolstered by a peace agreement signed between the involved parties and the mediator. The study aims to evaluate the efficacy of mediation as a conflict resolution tool outside the courtroom, culminating in a documented agreement. Employing normative legal research methods with a statutory approach, the study meticulously examines all relevant laws and regulations. Data collection utilizes literature review methods, providing a comprehensive reference base to support research on the role of mediators in dispute resolution. The gathered information is systematically compiled and analyzed using descriptive methods. In conclusion, mediation has demonstrated its effectiveness as an alternative to court proceedings in settling disputes. The mediator, acting as a facilitator, helps the parties reach an agreement. The outcomes of mediation, documented in the peace agreement, are registered in court, providing legal validity and conclusiveness to the agreed-upon terms.

The Role of Victimology in the Protection of Crime Victims in Indonesian Criminal Justice System

2024-02-23T10:33:36+07:00

Crime victims often find themselves in a consistently disadvantaged position, suffering physically, psychologically, and materially due to the crimes they endure. Unfortunately, the state's attention to victims lacks the intensity given to criminals, with a predominant focus on the legal position and human rights of offenders. Striking a balance between justice for perpetrators and protection for victims is essential. Presently, victims are predominantly considered supplementary to the sufferer, serving as witnesses solely to establish the guilt of the perpetrator. This research uses legal normative methods and employs a descriptive-analytical approach to explore victim guarantees in the Indonesian criminal justice system. The study scrutinizes statutory regulations, emphasizing the role of victimology in safeguarding crime victims. Historically, victim protection primarily centered on the right to compensation. However, Law Number 13 of 2006 concerning Witness and Victim Protection, in conjunction with Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Witness and Victim Protection, significantly expanded victims' rights. Despite this progress, the integration of victim rights into the criminal justice system remains incomplete. The Indonesian criminal justice system must prioritize and safeguard victims' interests, acknowledging the crucial role of victimology in advocating for the rights of those harmed by perpetrators.

The Position of the Principle of Legality vs the Principle of Opportunity in the Accemination of the Prosecutor's Demands in the Replic Agenda (Valencya Case Study at the Karawang State Attorney)

2024-02-25T13:01:32+07:00

Withdrawing criminal charges against Valencya during a trial's replication stage has generated debate, seemingly balancing the principles of legality and opportunity. This issue is significant because the Prosecutor in the Valencya Case has effectively assumed the role of Legal Advisor. This study presents a descriptive analysis of normative research within the criminal procedure system. By detailing the placement of legal charges in the Valencya case, a thorough analysis is conducted regarding the Public Prosecutor's authority in determining the legality and the discretion to discontinue prosecution. The Principle of Opportunity justifies discontinuation efforts in charge acquisition, even when clearance requirements are conducted in the replica agenda. While prioritizing legal interests to achieve justice for victims, the principle of legality can be waived, aligning with the concept of restorative justice in the Prosecutor's Office agenda.