Ultimate Journal of Legal Studies

Differences in Restorative Justice in Indonesia, New Zealand and Saudi Arabia Viewed from Comparative Criminal Law

Sun, 16 Jun 2024 00:00:00 +0700

Resolving criminal cases through the judiciary is considered successful if law enforcers are able to bring the perpetrators to justice and receive punishment. In certain cases, the public hopes that there will be no need for prosecution because the crime committed is not commensurate with the sentence imposed. Provisions about Restorative Justice in Indonesia, the civil law legal system is not yet clearly regulated in the law. New Zealand is a country Common Law who successfully implemented it Restorative Justice at the Correctional Institution. Meanwhile, Saudi Arabia is an Islamic country that most consistently applies Islamic criminal law which has a concept Restorative Justice. The aim of the research is to compare the concept of restorative justice between Indonesia, New Zealand and Saudi Arabia. Through these three different legal systems, which legal system is restorative justice most appropriate to apply? in Indonesia Restorative Justice guided by the internal provisions of the Police, Prosecutor's Office and Courts, which have not yet been stated in New Zealand Law Restorative Justice under the Parole Law of 2002, Saudi Arabia Restorative Justice relies on transcendental rules, namely the Qur’an and Hadits as well as the judge's discretion. The fact that it is applied in different countries is not certain that it will be useful if applied in one's own country or another country. Restorative justice must be in accordance with the social, economic and political conditions of a country.

Harmonious Industrial Relations in Increasing Company Productivity in The Era of Globalization

Rika Jamin Marbun, Agusmidah, Aloysius Uwiyono, Affila — Sun, 16 Jun 2024 00:00:00 +0700

The company plays a crucial role in driving Indonesia's economy, necessitating its sustainability for competitiveness in the global era. Company productivity, which hinges on worker welfare, is vital for maintaining a company's existence. Workers valued by their company will be more productive, as company productivity starts with work productivity. Achieving this requires tranquility and industrial peace in labor relations. This research explores the connection between worker and company productivity, and how company productivity can be achieved through harmonized industrial relations and strengthened communication in the globalization era. Using a normative juridical method, examining laws and regulations, the study highlights the importance of maintaining harmonious industrial relations for work and business peace. Equalizing perceptions between employers and workers and maintaining effective communication are crucial for this goal. Enhancing company productivity begins with business tranquility and aligns with improving workers' welfare. Such conditions are essential for sustaining the company as an economic driver in Indonesia. High productivity enables companies to exist and compete in the global era.

Legal Paradigm of The Discretion By Regionl heads in the management of Public Service

Steffi Seline Maryanne, Sukamto Satoto, Faisal Akbar, Affila — Sun, 16 Jun 2024 00:00:00 +0700

The discretion of regions holds particular urgency for implementing innovations in an area. Achieving optimal public services is the goal reported by central and regional governments to meet community needs. Law No. 30 of 2014 on Government Administration identifies discretion as a solution to concrete problems faced in government administration. This law addresses issues that are unregulated, incomplete/unclear, or result in government stagnation. However, these decisions/actions are often laden with power abuse. Discretion, as an action taken by regional heads, is highly subjective and depends on wisdom and case-by-case situations, which cannot be generalized. Despite this, there is no protection for regional heads when exercising discretion. This study discusses actual discretion for regional heads in supporting public interests to achieve expected public services. The research method uses normative juridical analysis, examining laws, regulations, books, legal rules, and literature related to the study's problem formulation. The data collection method is library research, involving tracing, reading, reviewing, or analyzing materials, theories, and concepts. Discretion by regional heads to improve good governance should not only be a regulated concept but must also create effective governance. Thus, the regulation in the Government Administration Law on discretion acts as a legal umbrella and an instrument to enhance the quality of government services to the community.

Establishment of BUMDes as a Strengthening of Sustainable Development Goals (SDGs) in Improving Village Economy during the Covid-19 Pandemic

Parlin Dony Sipayung, Tarsisius Murwadji, Hasim Purba, Detania Sukarja — Sun, 16 Jun 2024 00:00:00 +0700

Badan Usaha Milik Desa (BUMDes) as an instrument to drive the village-based economy has shown a significant role in achieving SDGs targets, which amounted to 74 percent before the Covid-19 pandemic hit the world. However, the situation changed during the Covid-19 pandemic, where the focus of the program was on the health and economic recovery process affected by the pandemic. This research was conducted with a descriptive-prescriptive approach that aims to get suggestions on what should be done to overcome the problems faced by BUMDes in the Covid-19 pandemic situation. From the results of this study, it is concluded that in the context of national economic recovery after the Covid-19 pandemic, the participation of all policy makers is needed to formulate the various needs needed to restore the economy at the village level which is also affected by the pandemic. The momentum of the Covid-19 pandemic can be used by the government to ensure the formation of BUMDes in villages while still paying attention to the potential and needs of the village, as well as optimizing the role and operations of BUMDes that have been formed.

A TERRITORIAL RIGHTS PROVISION ALLOWING FOR THE ENTRY OF FOREIGN INVESTMENTS

Jhon Tyson Pelawi, Ismansyah, Muhammad Yamin Lubis, Marlina, Rosmalinda — Sun, 16 Jun 2024 00:00:00 +0700

One of the main issues that arises when investors plan to make investments in Indonesia is the transfer of land rights to one of the five investment barriers, which are connected to obstacles to land certification, building licenses, and land zoning. This effort discusses how problems involving land transfers are handled by national criminal law and how giving foreign investors legal certainty is achieved by the effectiveness of criminal legislation against land transfers. The aim of this research is to find out whether criminal law can resolve disputes related to the transfer of land rights so as to provide certainty and security for foreign investors regarding the transfer of land rights. by investigating problems through normative legal research or legal research carried out in libraries using a jurisprudential approach and theory of legal objectives, we will get solutions to existing problems so that this research provides qualitative research results based on the data and theory used. The study's findings lead to the conclusion that Article 52, paragraphs (1) and (2) of the UUPA, which deals with criminal laws against the transfer of land rights, regulates the criminal law of land area for its infringement. The form of attained legal certainty in the transfer of land rights for investors is provided by the effectiveness of criminal law in enforcing the law against communities that occupy property over the subject matter.