ORIGINAL RESEARCH ARTICLE | Jan. 22, 2021
Performance Assessment of the Secretariat of the Electoral Commission of Tanah Bumbu Regency, South Kalimantan
Makhruri, Budi Suryadi, Jamaluddin
Page no 1-4 |
10.36348/sijlcj.2021.v04i01.001
Performance assessment of the secretariat apparatus of the regional election commission on operational implementing elements that have the task of carrying out some of the technical tasks of election operations based on The Electoral Commission Regulation No. 22 of 2008 on organizational structure and working procedures of the Secretariat of the Electoral Commission. The method used in this research is qualitative method. Data collection techniques are carried out using participatory observations, interviews and documentation studies. Data analysis is done with descriptive techniques through three flow of activities that are one unity, namely: data reduction, data presentation and conclusion drawing. The results showed that the performance assessment of the secretariat apparatus of the regional election commission tends to show performance on quantity, quality and timeliness despite constraints on employee discipline and efficiency of target achievement.
ORIGINAL RESEARCH ARTICLE | Jan. 29, 2021
Reconstruction of Legal Protection of Debtors in the Execution of Mortgage Guarantee Object Based on the Value of Pancasila Justice
Budi Supriyatno, Gunarto, Amin Purnawan, Hesti Kristi Wahyudi, Rais Firdaus Handoko
Page no 5-10 |
10.36348/sijlcj.2021.v04i01.002
The implementation of legal protection for debtors in the execution of the mortgage guarantee object in Indonesia is currently not able to realize justice, therefore it is necessary to conduct research to examine what its weaknesses are and how to reconstruct legal protection for debtors in executing the object of guarantee of mortgage rights based on Pancasila justice. The research method used in this article is a non-doctrinal method with a constructivist paradigm. Based on the research conducted, it was found that the execution of the object of the guarantee of mortgage is not yet fair, this is because the Parate execution as intended in Article 6 of the UUHT has resulted in loopholes for the occurrence of misuse of the situation by the creditor to the debtor which will ultimately harm the debtor which resulted from the weakness of the execution of the object of guarantee of mortgage rights in Indonesia currently is in the implementing regulations of Article 6 of the UUHT using implementing regulations in the form of Minister of Finance Regulation Number 27 / PMK.06 / 2016 which is not recognized in the UUHT and also contradicts the terms of execution according to HIR. in order to solve this, a reconstruction of law is needed in the form of a regulation which oblige them before conducting the auction, to transform the property rights in to collateral property.
ORIGINAL RESEARCH ARTICLE | Jan. 29, 2021
Reconstruction of Judge Authorities on Pretrial in Indonesia Based on Justice Value
Agus Setiawan, Mahmutarom, Sri Kusriyah, Alfi Nur Fata, Ade Adriansyah
Page no 11-18 |
10.36348/sijlcj.2021.v04i01.003
Among many problems that the Indonesian Judiciary practice has encountered, one problem that has been persistently discussed is regarding whether or not can the status of a suspect be used as a pretrial object outside of Article 77 letters (a) and (b) of the Criminal Procedure Code, either through pretrial judge decisions or decisions of the Constitutional Court. From these problems, the author formulated a study on what are the Impact of the Decision of the Judge Adjudicating the Pre-Trial Session outside the Reasons stipulated by law and how the reconstruction of regulations on the authority of judges in adjudicating justice-based pretrial applications can be realized. The research method used is juridical empirical combining doctrinal and non-doctrinal approaches, by operating legal principles and norms to see the normative dimensions of judge's decision, combined with the assumption approach that statutory regulations, including judge's decision, are not under empty space, but exists in a complex reality. The result shows that the legal function established by the Criminal Procedure Code is directed at realizing legal certainty rather than justice so that judges tend to obey conventional procedural law rather than having to be progressive. The limitations of pretrial authority and the lack of courage of judges to protect the rights of suspects have made pretrial institutions less able to protect suspects from possible violations of their juridical rights. To overcome these problems, reconstruction is carried out by clarifying and amending the joint decree (SKB) of the Chairman of the Supreme Court of the Republic of Indonesia and the Chair of KY RI No. .047 / KMA / SKB / IV / 2009 and 02 / SKB / P.KY / IV / 2009 in addition to add one provision between letter b) and letter c) to Article 82 paragraph (1) of the Criminal Procedure Code, and adding 2 (two) paragraphs in Article 1 number 10 in conjunction with Article 77 KUHAP jo. The Decision of the Constitutional Court No.21 / PUU-XII / 2015, by means of reasoning or interpreting a contrario (In Contrary) to the provisions of Article 1 point 10 jo. Article 77 KUHAP jo. The existing Constitutional Court Decision No.21 / PUU-XII / 2015.
ORIGINAL RESEARCH ARTICLE | Jan. 29, 2021
Reconstruction Regulation of Zonation Expansion of Notary Position in Indonesia Based on Justice Value
Erwin Riduan, Lazarus Tri Setyawan, Aryani Witasari
Page no 19-26 |
10.36348/sijlcj.2021.v04i01.004
The provisions for the formation of a Notary's position as regulated in Law Number 2 of 2014 concerning Notary Office basically need to be used as an additional requirement for the appointment of a Notary, so that it cannot create multiple interpretations between the terms of the appointment of a Notary and the provisions for the formation of a Notary's position. Therefore, it is necessary to make a study that examines the weaknesses of the zoning arrangement for notary positions in Indonesia at this time and how to reconstruct the zoning arrangements for a notary position in Indonesia that is just studied using the socio-legal approach method, namely by conducting reciprocal research between law and non-doctrinal institutions. is empirical/ social in analyzing legal principles that apply in society. The results showed that the arrangement of zoning expansion of notary positions in Indonesia has not been able to solve the problem of equal distribution of notaries. Permenkumham Number 27 of the Year 2016 concerning Formation of Notary Positions and Determination of Regional Categories. The minister's authority to appoint notaries in certain districts/ regions is limited according to the existing formation. Constraints and solutions in the arrangement of zoning for notary positions in Indonesia that the placement of Notaries is in accordance with their designation, due to the fact that the submission of work placements by Notaries is not evenly distributed, many Notaries ask for formations in big cities only, Notaries rarely apply for placements in small cities, To overcome this the Government issued a regulation, namely Decree No. M.01.HT.03.01, of the Year 2003, Concerning Notaries Article 5 in conjunction with Decree No.M.01.HT.03.01, of the Year 2006 concerning Terms and Procedures for the Appointment, Transfer and Dismissal of Notaries. Seeing these problems, the Reconstruction of zoning expansion arrangements for notary positions in Indonesia based on the value of justice is needed. Namely by realizing the distribution and distribution of notaries in every district or city that is good and correct according to the needs of the community.