The Legal Aspect of GPS Technology as Means of Safeguarding National Security
Ibrahim Shehu
Page Numbers : 178-181
DOI : 10.36348/sijlcj.2022.v05i04.004
The whole world is faced with different kind of insecurity challenges. To tackle the current insecurity and safeguarding the national security of a particular nation, there is the need to make effective use of GPS technology. For Nigeria to tackle the current insecurity problems, GPS technology must be fully utilized in tackling and destroying different types of security threat bedeviling the nation, ranging from the Boko Haram terrorist, the economic terrorist in the Niger Delta, kidnappers, Armed Robbers and the herdsmen and other criminal gangs around the country. The focal point of this paper is to examine the legal aspect of GPS technology on the development of national security. The paper will recommend possible ways of improvement.
Original Research Article
April 25, 2022
Law Enforcement of Corruption in the Police: Assessing Law Enforcers Integrity
Agus Rohmat, Eriyantouw Wahid, Gunawan Djajaputra
Page Numbers : 169-176
DOI : 10.36348/sijlcj.2022.v05i04.003
Corruption within the Police can be committed by anyone regardless of educational background, ethnicity, rank, or position. Starting from the lowest to the highest ranks and positions, even though they are not free from the temptation of corruption. The research uses a qualitative approach with case study research by collecting data through participant observation, in-depth interviews, and documentation. This research is descriptive-analytical. The results show that law enforcement that is conducted against police personnel who commit criminal acts of corruption is indeed carried out with the principle of “enforce the law using the law” through all existing regulations; however, the sanctions given are never or rarely as much as possible as stated in the law. This fact is law enforcement that does not wholeheartedly use the law. The implementation of law enforcement against police who commit corruption crimes is normatively carried out by combining the criminal sanctions and internal sanctions, such as dishonorable dismissals by Police institution. According to the existing laws and regulations, ideal law enforcement for police personnel who commit criminal acts of corruption must be carried out by prioritizing the combination of criminal sanctions, internal sanctions and widely publicized in Indonesian society as social sanctions.
Original Research Article
April 25, 2022
Principle of Prosecutors Independency in Deponering Criminal Cases for Public Interest in Indonesia
Didik Kurniawan, Heni Siswanto, Dini Nurina Chairani
Page Numbers : 161-168
DOI : 10.36348/sijlcj.2022.v05i04.002
The deponering of criminal cases is one of the Attorney General powers to not prosecute. Deponering is the implementation of the opportunity principle given by law to the Attorney General as a public prosecutor to deponering cases for public interest. The opportunity principle allows the public prosecutor not to prosecute an alleged criminal act with public interest as background because it is feared that by prosecuting it will cause more harm than not suing. This research wants to see whether the deponering of cases in the public interest based on the opportunity principle; what are the limitations in the public interest for the deponering of criminal cases (seponering); and what are the juridical consequences of deponering the case.
Original Research Article
April 13, 2022
Supervision of Establishment of Local Regulation
Erman Syarif
Page Numbers : 154-160
DOI : 10.36348/sijlcj.2022.v05i04.001
The Regional Regulation (Perda) is one of the regional regulations jointly determined by the Regional Head and DPRD to regulate regional affairs as stated in Law Number 23 of 2014 concerning Regional Government junto Law Number 11 of 2020 concerning Job Creation. Regional legal products in the form of stipulations and regulations, regional legal products in the form of regulations are regional regulations and regional head regulations. The problem that will be examined in this research is the authority in the formation of regional legal products in further regulating the provisions of other laws and regulations, the aspect of supervision is very necessary. In this regard, how is the supervision of regional legal products, both Perda and Perkada. The method used is doctrinal or normative legal research. The results of this study indicate that the Regional Regulation contains material for the implementation of regional autonomy and assistance tasks; and further elaboration of higher statutory provisions while the Regulation of the Regional Head is an elaboration of the regional regulation in the context of implementing the Regional Regulation, because the Regional Regulation expressly orders to make implementing regulations of the Regional Regulation in the form of the Regional Head Regulation. The implementation of supervision of regional regulations is carried out by means of preventive supervision and repressive supervision, that regional regulations and regional head regulations are prepared based on the authority and substance of their content that does not conflict with the public interest and higher laws and regulations.
Original Research Article
March 30, 2022
Legal Responsibilities of the Parties in Issuance of Commercial Paper Based on Bank Indonesia Regulation No: 19/9/PBI/2017
Kingkin Wahyuningdiah, Kasmawati
Page Numbers : 148-153
DOI : 10.36348/sijlcj.2022.v05i03.008
Commercial Papers (SBK) or often referred to as Commercial Paper (CP) are securities that are classified as promissory notes and appear in practice as an alternative to corporate funding. In 1995 Bank Indonesia issued Bank Indonesia Decree No: 28/52/KEP/DIR and Bank Indonesia Circular No: 28/49/UPG concerning Requirements for Issuance and Trading of Commercial Paper through Bank Indonesia. Then in 2017 Bank Indonesia revoked the decree and again issued Bank Indonesia Regulation (PBI) No: 19/9/PBI/2017 concerning the Issuance and Transaction of Commercial Securities in the Money Market. This study seeks to examine matters related to SBK or CP after the issuance of PBI NO: 19/9/PBI/2017, especially the problem of formal requirements for SBK as securities; the parties involved and their legal responsibilities in the SBK or CP transaction. This research is a normative legal research with a descriptive type that is sourced from legal materials, both primary, secondary and tertiary legal materials and analyzed qualitatively. The results of this study indicate that the formal requirements for SBK follow the provisions of the formal promissory note as stipulated in Article 174 and Article 175 of the KUHD. PBI No: 19/9/PBI/2017 does not stipulate other formal requirements, but stipulates the criteria for SBK (CP) to be issued for transactions through the Money Market. The parties involved are issuers, issuance support institutions, Bank Indonesia, transaction actors and transaction support institutions, administration and settlement of SBK transactions. Each of these parties has a legal responsibility, namely the issuer has legal responsibility in terms of payment of Commercial Securities issued. The issuance support institutions have legal responsibilities in protecting consumers (investors) while transaction actors, transaction support institutions, administration, and transaction settlements have the responsibility to create a credible SBK or CP market and trade.
Original Research Article
March 30, 2022
The Effectiveness of Partnership Programs and Environmental Development by State-Owned Enterprises (BUMN) in Empowering Micro and Small Businesses in Lampung
Article 88 of Law Number 19 of 2003 jo. SOE Minister Regulation Number PER-02/MBU/7/2017 stipulates that BUMN companies (State Owned Enterprises) are required to implement PKBL (Partnership and Community Development Programs). The obligation to implement PKBL is basically intended to be able to contribute in the effort to empower micro and small businesses in Indonesia. This study discusses the effectiveness of the implementation of PKBL at PT Jasa Raharja (Persero) Lampung Branch and the obstacles faced in implementing PKBL in an effort to empower micro and small businesses in Lampung. This research is an empirical normative legal research with a descriptive type of research as well as an applied normative approach (applied law approach). The results of the study indicate that in the context of empowering micro and small businesses, PT Jasa Raharja (Persero) Lampung Branch has implemented a Partnership Program (PK) which is distributed in 2 (two) forms, namely loans to finance business capital and guidance to fostered partners. Meanwhile, the Community Development Program (PBL) has also been implemented and distributed in 3 (three) forms, namely in the fields of education and training, community social assistance, and worship facilities. In the implementation of PKBL, obstacles were found, namely the problem of refunding funds from several fostered partners that were not smooth. Another obstacle is the distance between the place of business or the location of the program which is quite far from the office of PT Jasa Raharja (Persero) Lampung Branch so that it results in not being able to optimally carry out field surveys or provide guidance to each fostered partner or to all fostered partners.
Review Article
March 30, 2022
Protection of the Economic Rights of Geographical Indication Holders in the Indonesian Trademark and Geographical Indication Law
Almusawir, Kamsilaniah, Juliati
Page Numbers : 128-141
DOI : 10.36348/sijlcj.2022.v05i03.006
The research aimed at describing the legal protection concept geographical indication in supporting the economic right of geographical indication holders, the contribution of geographical indication in improving the prosperity of geographical indication holders, and the legal protection of the economic rights of geographical indication about the use of a sign that is similar to a registered geographical indication. This research encompasses the normative legal analysis and empirical research methods. The first problem statement used the normative legal research method, which analyses how the legal protection concept of geographical indication supports the economic rights of geographical indication holders. The empirical research method was used for the second problem statement, which analyses how registered geographical indication contributed to improving the prosperity of geographical indication holders and was also used for the third problem, which analyses the legal protection of the economic rights of geographical indication holders about the use of a sign that is similar a registered geographical indication. The research results indicate the following: (1) the legal protection concept of geographical indication that is integrated into the law of trademark and geographical indication has not supported the economic rights of geographical indication holders, either from the substance aspect or with regards to the stipulated legal sanction; (2) the economic rights of geographical indication holder relation to production monopoly right, sign use, and product marketing has not contributed to the improvement of their prosperity; (3) the legal protection of the economic rights of geographical indication holders about the use of a sign that is similar to a registered geographical indication is still weak, both in the private and public legal enforcement aspects.
