Ultimate Journal of Legal Studies

The Implementation of the Presumption of Innocence in Law Enforcement Coverage by the Mass Media

Ronald Fredy Christian Sipayung, Elwi Danil, Mahmud Mulyadi, Edi Yunara — Mon, 11 Dec 2023 00:00:00 +0700

The application of the presumption of innocence in the press has long been a subject of attention and debate, both within the legal community and among journalists themselves. However, until now, the debate has not reached a consensus. Debates have started to arise regarding how the provisions in the Constitution (1945 Constitution) should be interpreted regarding applying the presumption of innocence in the press field. The debate continues to the level of analyzing how the legal regulations on the presumption of innocence should be applied in the field of press, and even the technical implementation in reporting. This paper utilizes normative legal research with a descriptive-analytical approach. Secondary data is sourced from legal regulations in the field of the press. Through qualitative analysis, the research yields the following results: Firstly, the presumption of innocence is incorporated into the Journalistic Code of Ethics with the hope that mass media, in their reporting, will not fall into the trap of "trial by the press," which involves reporting that tends to "judge" someone, violating the principles of a fair trial. Reporting that tends to express opinions on the guilt of a suspect not only violates the fundamental principles of the rule of law, namely judicial independence but also infringes upon an individual's human rights by diminishing their right to a legal defense.

Public Service Through Online Single Submission: Efforts to Simplify Investment Licenses in Improving Public Service

Tommy Aditia Sinulingga, Sukamto Satoto, Ningrum Natasya Sirait, Affila — Mon, 11 Dec 2023 00:00:00 +0700

Public service is a form of service that is principally the responsibility of and implemented by Government Agencies. One form of public service carried out by the government is related to investment licensing, namely through Online Single Submission (OSS). Online Single Submission (OSS) is a Business License issued for and on behalf of the minister, head of institution, governor, or regent/mayor to Business Actors through an integrated electronic system. However, the concern is whether Online Single Submission (OSS) will facilitate investment licenses or instead make it difficult in public services and whether Online Single Submission (OSS) is sufficiently safe, reliable and protected by law.This research is a normative juridical research, which is a legal research method carried out by examining library materials or secondary materials such as laws and regulations, books, legal rules and literature related to the formulation of this research problem. The data used is secondary data, which is obtained from primary legal materials, secondary legal materials and tertiary legal materials. The data collection method used in this research is library research by tracing, reading, studying or analyzing materials, theories and concepts. The making and issuance of investment license decree is a legal action of the government. As a legal action, there must be authority granted by legislation or it must be based on the principle of legality. The matter of investment license is regulated in Law No. 23 Year 2014 on Local Government, Law No. 25 Year 2007 on Investment is obtained. Online Single Submission has been categorized as providing improvements in public services but still must receive attention from the government.

An Overview of Intellectual Property Rights as Waqf in Indonesia and Malaysia

Cheryl Patriana Yuswar, Runtung, Insan Budi Maulana, T. Keizerina Devi Azwar — Mon, 11 Dec 2023 00:00:00 +0700

This paper aims to get an overview of Intellectual Property Rights as waqf in Indonesia and Malaysia. To achieve these goals, the research uses a normative legal writing method with descriptive-analytical specifications. The findings reveal, both Indonesia and Malaysia permit IPR being waqf. Unfortunately, there are no implementing regulation or specific guidelines regarding how and what to waqf from IPR in both states. The absence of implementing regulation or guideline will have implication not only for confusion in the community, but also for the lack of applicability of IPR being waqf in the community.

The Role of Law in Improving Financial Literacy in Online Lending in the Context of Development Economic Law

Nurhilmiyah, Hasim Purba, Zulkarnain Sitompul, T. Keizerina Devi Azwar — Mon, 11 Dec 2023 00:00:00 +0700

Law is believed to be able to provide changes towards improving the nation's economy, and can also be a tool to engineer people's behavior in achieving their welfare. One of them is by increasing financial literacy in the field of online loans in the context of development economic law. In recent years since the mushrooming of information technology-based lending and borrowing service providers (LPB2TI) in Indonesia, there have been many legal events related to this online lending and borrowing transaction. Starting from the imposition of loan interest that exceeds the upper limit as determined by the strategic partner of the Financial Services Authority in this case appointed is the Indonesian Fintech Joint Funding Association (APFI), to the low public knowledge about their rights and obligations in the legal relationship of creditors or investors, information technology-based lending and borrowing service providers, and debtors or online loan customers. This is what makes writing this topic very important to pay attention to. In order to elaborate the role of law in increasing inclusive financial literacy in online loans in the context of Economic Development Law.

Reversal of Burden Proof as a Reform of Criminal Law Eradicate Money Laundering

Hanifah Azizah, Topo Santoso, Yunus Husein, Mahmud Mulyadi — Mon, 11 Dec 2023 00:00:00 +0700

One of the efforts of the Indonesian government in reducing money laundering is to pay special attention in terms of proof, namely with the reverse proof system. Over time, the reversed proof system in the Corruption Law is still regulated even though the Corruption Law has undergone many changes. Although it has been included in positive law, in practice this proof is not applied thoroughly and there are still obstacles in its application. This research seeks to answer in what cases the reverse burden of proof is applied and what are the obstacles in its application. This type of research is normative juridical. The results of the study resulted in the merging of corruption cases with money laundering can be considered to provide its own advantages in handling corruption cases. More actors are ensnared including corporations. Maximum punishment, streamlining the return of state assets can impoverish corruptors. Legal culture that has not adapted to the new system, reverse evidence is not clearly regulated in the law.