bluuebunny/crossref_metadata_2025_split huggingface dataset:
Karakteristik Akad Mudharabah Pada Transaksi Penyimpanan Dana Nasabah di Bank Syariah
Authors: Siti Nur Shoimah  , Dyah Ochtorina Susanti  , Rahmadi Indra Tektona  
Published: August 2022

Many people assume that mudharabah savings in Islamic banks are the same as deposits in conventional banks. In contrast, mudharabah savings have their characteristics, one of which is adopting a revenue-sharing system in managing customer deposit funds. In this study, researchers used a normative method with a statutory approach and conceptual approach. The results of this study are the discovery of mudharabah contract characteristics in depositing customer funds in Islamic banks which can be seen from 6 things, namely investment deposits, legal subjects or parties, profit sharing, business risk distribution, guarantees, and fund withdrawals by the Customer.
Keywords: Mudharabah Agreement; Depositing Customer Funds; Islamic
Tanggung Jawab Sriwijaya Air Terhadap Penayangan Iklan Mengandung Janji Yang Belum Pasti Pada Promo SJ Travel Pass
Authors: Silmi Hanifa  , Hutabarat Sylvana Murni Deborah 
Published: August 2022

Consumer protection is a guarantee that should be obtained by every consumer using goods or services. Law No. 8 of 1999 concerning Consumer Protection explains that the main factor that causes violations of consumer interests is due to the less of consumer awareness of their rights. This explains that consumers are faced with weak awareness and lack of understanding of their rights. Consumer rights and responsibilities of the company are related. Through this research will explain Sriwijaya Air's responsibility for the SJ Travel pass promo which has been detrimental to consumers because the advertisement display is not in accordance with reality. The method used in this study is normative juridical that based on existing legislation. The results of this study indicate that the Sriwijaya Air does not grant all consumer demands as a form of compensation, such as the extension of the SJ Travel Pass promo period. Consumer protection regulated in the UUPK can be said to be quite complete because it regulates the rights and obligations of consumers and business actors. The existence of consumer rights regulated in the UUPK strengthens the position of consumers to defend and fight for their rights.

Keywords: Responsibility, Sriwijaya Air, Consumer Protection
Problematika Hukum Penerapan Presidential Threshold dalam Pemilihan Umum di Indonesia
Authors: Wijaya Asep , Rosmini  , Poppilea Erwinta  
Published: August 2022

Presidential Threshold is a problem because the dynamics of politics is dynamic. The number of votes gained by a political party in the last general elections will likely get the same number of votes at the time of the general elections. Moreover, the urgency of the diatity of this condition then reduce the right of everyone to get the same opportunity in the Government. Threshold of presidential nominations including open legal policy due to the source of attribution authority in the Constitution, especially in article 6A paragraph (2) and article 22E paragraph (6) of the Republic of the State law Indonesia year 1945 as a higher legal norm does not regulate or give limits to anyone who wants to run for presidential candidate and vice president.
Keywords: constitution, general election, submission of candidate pair, threshold
Pencabutan Hak Politik Pelaku Tindak Pidana Korupsi dalam Perspektif Hak Asasi Manusia
Authors: Dina Fajar Indah  , Haris Retno Susmiyati  , Rini Apriyani  
Published: August 2022

ABSTRACT
The judge took the progressive step. This step strongly supports the prevention and eradication of Corruption Crimes. However, in implementing the revocation of rights, the time limit for revocation must be explicitly given for the right to vote. This study aims to find out additional crimes in the form of revocation of rights to choose and be elected to public office if reviewed from the perspective of criminal law and to find out the compatibility between the decisions of the Supreme Court judge Number 537K / Pid.Sus / 2014 with human rights principles. This study uses doctrinal types. Namely, the authors collect material from the literature. These are hardcopy and softcopy that relate to the title of this study and by using an analysis of the object of research. The results obtained from this study are as follows: 1). Revocation of the right to choose and be chosen should be based on the crime rate, the impact caused to society, and the position of the position while doing the crime of corruption. Revocation of certain rights must be determined by a judge’s decision, and there is a time limit for revocation according to what has been stipulated in article 38 Criminal Code. However, Article 38 of the Criminal Code does not regulate specifically related time constraints for the removal of the right to vote and elected in public office. 2). Revocation of the right to be elected in public office complies with the principles of human rights. It can be said to be included in the category of degradable rights, or rights can be restricted. While the revocation of the right to vote who are not given the time constraints and repeal incompatible with the principles of human rights. Because the right to vote is a fundamental right of every citizen, who has been guaranteed by the constitution of 1945, besides, the time limit for the removal of the right to vote still needed due to respect of human rights offender criminal acts of corruption but to provide justice for victims of crime over the extraordinary crime then the period of revocation may be given more long, judging from the level of crimes committed.Keywords: rights; Human Rights; Revocation; Criminal; Corruption
Penegakan Hukum Terhadap Perdagangan Telur Penyu
Authors: Tarigan Apridyanita Pratiwi , La Syarifuddin  , Agustina Wati  
Published: August 2022

ABSTRACT
This study discusses a law enforcement against the trade of sea turtle eggs in Samarinda. Sea turtles emerge as part of endemic animals in Indonesia in which their existence is almost extinct based on the Government Regulation, Number 7 Year 1999. This study employed a socio-legal (socio-legal research/law in contex) approach, namely a case study on empirical legal research in the form of community legal behavior. The existence of the trade of sea turtle eggs in Samarinda can still be encountered in the area located on Jl. Pangeran Antasari. The results of this study indicated that the legal protection on the sea turtle population, due to the rampant trade of sea turtle eggs in Samarinda, was not completely carried out. It is shown by the fact that the turtle egg trade in Samarinda still exists. Additionally, the law enforcement against the perpetrators of the turtle egg trade is not optimally implemented in which it is proven by the fact that the court merely imposes a light sanction and does not perceive ecological aspects.

Keywords: Enforcement, Protection, Trade, Sea Turtle Eggs
Problematika Penanganan Pengungsi di Indonesia Dari Perspektif Hukum Pengungsi Internasional
Authors: Primadasa Cipta Primadasa , Mahendra Putra Kurnia  , Rika Erawaty  
Published: August 2022

A refugee is a person who, due to a well-founded fear of persecution, for reasons of race, religion, nationality, membership of a particular social group and membership of a particular political party, is outside his country of nationality and does not want protection from that country. The refugees, seeking protection in countries that have ratified the 1951 Refugee Convention and the 1967 Protocol or what is often referred to as a third country. This study describes and examines issues, first, regarding the handling of refugee flows in Indonesia according to the perspective of International Refugee Law. Second, Regarding the legal consequences when Indonesia did not ratify the 1951 Refugee Convention agreement and the 1967 Refugee Protocol regarding the status of Refugees to international Refugee law. This study is a descriptive doctrinal legal research. The source used is primary legal material consisting of legal products such as the 1945 Constitution, Laws, International Treaties and other Regulations relevant to Refugee Handling activities. The results of the research show that first, the action of handling refugees in Indonesia from the perspective of international refugee law has been able to realize some of the most important principles of the 1951 Convention and the 1967 protocol on refugee status that is not refoulment, non-expulsion, no differentiate (non discrimination) and also do not commit criminal offenses for refugees who enter Indonesian territory. Secondly, Indonesia as a transit country for asylum seekers and refugees experiences a buildup of refugee flows due to the process of granting an uncertain status of time from UNHCR and moreover, a third country limits the acceptance of refugees. Indonesia did not ratify the 1951 convention and the 1967 protocol and therefore Indonesia did not have the authority to grant refugee status because the granting of status was in the hands of the UNHCR, this was a legal consequence and consequences carried by Indonesia when it did not ratify the 1951 Convention and the 1967 Protocol.
Keywords: Conventions; Refugees; Indonesia Law.
Pertanggungjawaban Hukum Terhadap Tindakan Agen Diplomatik Dari Negara Pengirim Yang Melakukan Spionase Di Negara Penerima
Authors: Ahmad Sandy Dewana  , Akbar Kurnia Putra  
Published: August 2022

Abuse of authority by diplomatic officials from member countries of the 1961 Vienna Convention for personal gain or certain groups is still common. This situation is undoubtedly contrary to their duties and functions as representatives of their country. The formulation of the problem raised is how to form a legal settlement based on the 1961 Vienna Convention and the Optional Protocol concerning the Requirement to Settle Disputes. The research method used is a normative juridical type with a Legislative, Conceptual, and Case approach. The primary legal materials used are the Vienna Convention On Diplomatic Relations April 18, 1961, and the Optional Protocol Concerning the Compulsory Settlement Of Disputes Of Vienna Convention On Diplomatic Relations; Meanwhile, the secondary legal materials used are books, research journals, research reports, various scientific works, articles and various other sources that can support primary legal materials; Tertiary legal materials consist of dictionaries, internet, and so on that can support primary and secondary legal materials. The results of this study indicate that apart from Persona non-Grata, there are other ways to impose sanctions on diplomatic agents who abuse their authority, in this case, espionage activities.
Keywords: Diplomatic Agent; Espionage; Sending State
Pendekatan Problem Solving Bhabinkamtibmas Dalam Pembinaan Keamanan Dan Ketertiban Masyarakat Di Desa Bunder Kecamatan Susukan Kabupaten Cirebon
Authors: Wahid Abdul Wahid , Galih Rinenda Putra  
Published: August 2022

Forms of law violations that often occur are minor persecution, fights, and others. Violations of these laws can cause conflicts and disturbances for others and can lead to clashes between groups. This type of research is qualitative research, using a field research approach, producing descriptive data in the form of the Bhabinkamtibmas Problem Solving Approach in Community Security and Order Development. The purpose of this study was to determine the problem-solving approach of Bhabinkamtibmas in fostering security and public order in Bunder Village, Susukan District, Cirebon Regency. The results of this study are that Bhabinkamtibmas supervises the settlement of criminal acts of persecution through penal mediation at the Susukan Police Station and provides a place for the litigants to negotiate to obtain a peace agreement. The settlement of criminal acts of persecution through penal mediation at the Susukan Police, Cirebon Regency can only be done once. Perpetrators of criminal acts of persecution whose cases have been resolved by penal mediation and if they repeat the crime will be processed according to the applicable laws and regulations until the judicial stage, provided that investigators attach evidence of a statement made by the perpetrator of the crime.

Keywords: Approach; Problem Solving; Bhabinkamtibmas
Restitusi Sebagai Wujud Pemenuhan Hak Korban Tindak Pidana Kekerasan Seksual di Indonesia
Authors: Novita Apriyani Maria 
Published: August 2022

Sexual violence cases are rife in our environment. The current Criminal Code (KUHP) only focuses on punishing the perpetrators and has not considered the best legal remedies for victims of sexual violence. This study aims to determine the implementation of restitution to fulfill the rights of victims of sexual violence crime. This research is an empirical study by looking at the implementation of restitution of the laws and regulations run by the Witness and Victim Protection Agency (LPSK). The results of this study indicate that the victim's application for restitution can be submitted through the LPSK along with the criminal process, even starting from the beginning of the investigation. The challenges faced by LPSK as an institution that facilitates restit ution for victims of sexual violence include. The a limited number of psychologistsin some areas. Lack of support from the community. The fulfillment of restitution rights that have not been implemented effectively. The obstacle experienced by law enforce ment officers in implementing restitution for victims of sexual violence is that there has not been a coercive effort for perpetrators of sexual violence to pay restitution decided in court.

Keywords : Implementation; Restitution; Victim; Sexual Violence
Kewenangan PTUN dalam Memeriksa Surat Presiden tentang RUU Cipta Kerja dan Implikasi Putusannya
Authors: Pratama Surya Mukti , Rompis Adrian E. , Nurzaman R. Adi 
Published: August 2022

For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it.
Keywords: Administratif Court; authority; examine; presidential letter.
Sanksi Kepada Amerika Serikat Atas Tindakan Unilateralnya Terhadap Suriah Dengan Alasan Penggunaan Senjata Kimia
Authors: Mutiara  , Mahendra Putra Kurnia  , Rika Erawaty  
Published: August 2022

Amerika Serikat, Inggris dan juga Perancis melakukan tindakan unilateral berupa menembakkan rudal ke negara Suriah dengan alasan penggunaan senjata kimia yang dilakukan oleh pemerintah Suriah terhadap rakyatnya sendiri. Hal ini menimbulkan pertanyaan apakah tindakan yang dilakukan oleh Amerika Serikat tersebut merupakan suatu pelanggaran bagi hukum humaniter internasional dan bagaimana sanksi yang akan didapat oleh Amerika Serikat, Inggris dan juga Perancis jika perbuatan tersebut telah melanggar hukum humaniter internasional. Berdasarkan hasil penelitian yang dilakukan bahwa Sanksi Amerika Serikat atas tindakan unilateralnya terhadap Suriah dengan alasan penggunaan senjata kimia. Bahwa dalam hal tersebut Amerika Serikat melakukan tindakan sepihak kepada Suriah karna dugaan penggunaan senjata kimia yang dilakukan oleh Suriah yang hingga saat ini masih belum mendapatkan bukti yang kuat terkait kebenaran tersebut. Oleh karena itu Amerika Serikat telah melanggar ketentuan hukum internasional yaitu Piagam Perserikatan Bangsa-Bangsa (PBB), atas perbuatannya Amerika Serikat, Inggris dan Perancis harus bertanggungjawab sesuai prosedur dari Dewan Keamanan PBB dan diberikan sanksi sesuai Piagam PBB.
Keywords: unilateral action, chemical weapon, international law
Efektifitas Pengelolaan Retribusi Pasar Sebagai Sumber Pendapatan Asli Daerah Dan Upaya Penanggulangan Penyimpangan
Authors: Simangunsong Frans , Hervina Puspitosari  
Published: August 2022

Developments organized by these regions are regional in nature, as a realization of development planning in accordance with development priorities at the regional level as part of the implementation of autonomous government decentralization. In order to support the implementation of economic development goals in the regions, local governments are required to have the ability to meet the needs of these regional expenditures, namely by optimizing local revenue (PAD). is the establishment of a retribution policy through an accountable collection system with the use of information technology so that it is easily controlled and supervised by all parties and transparent that can be accountable to the public through the application of a book system that can be monitored by all parties, providing strict sanctions in accordance with the laws and regulations. applicable regulations as well as applicable regional regulations related to taxes and levies in order to provide a deterrent effect for those who abuse their authority. The need for supervision of officers in the field. Local governments that do not yet have electronic-based retribution services need to immediately prepare electronic services in collecting market retributions through e levies in the context of efficient, transparent and accountable management of market retributions. Increased supervision of the Regional Government in the management of user fees so that it is optimal in providing income for Regional Original Income and the realization of a prosperous society and good governance
Keywords: market levy, locally-generated income, deviation countermeasures
Pemisahan Penyelenggaraan Pemilu Serentak Tingkat Nasional dan Daerah
Authors: Asriana Sri , Rosmini  , Ventyrina Ine 
Published: August 2022

General election regulations simultaneously raise problems at the level of implementation, because they are considered not to show effectiveness and efficiency in the implementation of general elections in accordance with the purpose of the establishment of these regulations. Therefore, the implementation of the general election regulations simultaneously needs to be reviewed based on the initial objective of issuing the Constitutional Court Decision Number 14/PUU-XI/2013 concerning Simultaneous General Elections, and refers to the implementation of simultaneous general elections in 2019. The research method used in This research is doctrinal, which contains a normative character. There are implications for the implementation of simultaneous elections, it is necessary to construct a law to separate general elections simultaneously at the national and regional levels in 2024 with the implementation of two elections within five years, making it easier for voters to cast their votes, easing the burden on organizers, and optimizing the campaigns of political parties and candidates in the regions. The results of the national elections strengthen the presidential system at the national level, while the results of the regional elections will strengthen local government.
Keywords: Election, Simultaneous, Formulation
Perbedaan Penerapan Pendekaran Per se Illegal dan Rule of Reason dalam Putusan KPPU tentang Kartel Penetapan Harga
Authors: Aryadiputra Dimas , Slamet Pribadi Deny , Subroto Aryo 
Published: August 2022

The emergence of an economic impact analysis in the decision of the price fixing cartel case in Article 5 of the UULPM which should use the approach in that article is Per se Illegal, including Decision No. 08/KPPU-L/2018, Decision No. 04/KPPI-I/2016, Decision No. 32/KPPU-L/2008, Decision No. 26/KPPU-L/2007, and Decision No. 02/KPPU-I/2003 by analyzing the use of a single Per se Illegal approach in the decision of the price fixing cartel case in ensuring legal certainty. The approach in this study uses doctrinal research. From the results of the analysis of the decision related to the price fixing cartel in the consideration of the commission assembly, it has been found in the form of economic evidence/economic analysis which is a characteristic of the Rule of Reason approach to the reasons for the emergence of the economic analysis not being explained explicitly and clearly by the commission assembly, regarding the assessment that can be made. carried out by the KPPU regarding the agreement in Article 5 of the UULPM, economic evidence may appear if the requirement to prove the agreement is difficult to find. Legal considerations using the Per se Illegal approach as the sole approach in the KPPU's decision related to price fixing cartels in ensuring legal certainty, this has been in line with what is positively regulated in Article 5 of the UULPM wherein the provision contains the phrase "prohibited" on behavior and the resulting impact. must be wrong or illegal so that it does not need further analysis.
Keywords: per se illegal; rule of reason; price fixing cartel
Perbandingan Konstitusional Pengaturan Impeachment Presiden Antara Indonesia Dengan Jerman
Authors: Anindia Adella , Rosmini  , Poppilea Erwinta  
Published: August 2022

The impeachment system in Germany is implemented slightly differently from that applied in Indonesia. The impeachment system in Germany is executed by the Constitutional Court whose decision is final, which means that it does not receive a 2/3 proposal from the Bundestag and the Bundestraat regarding the dismissal of the President and Vice President as in Indonesia. The regulation of the impeachment system in a country needs to be studied by involving a comparison country to find out whether the impeachment system in a country runs optimally and ideally. Comparison of Impeachment between Indonesia and Germany, The mechanism for dismissing the president as regulated in the constitution is an affirmation that the Republic of Indonesia is a state of law, this is a step forward in a constitutional perspective so that impeachment of the president based on non-juridical factors alone does not happen again in the future. dismissal of the president as regulated in the 1945 Constitution, because in the impeachment mechanism, the decision of the Constitutional Court confirming the opinion of the DPR is not binding.
Keywords: president impeachment; constitutional law; comparative law.