Jurispro Law Review

Default In Leasing Committed By The Lessee And Its Law According To The Civil Law Code

Antonia Jacinda — Tue, 07 May 2024 00:00:00 +0700

Leasing is a form of providing funds for capital goods for entrepreneurs but in practice leasing companies often experience disputes in the form of defaults made by the lessee. The purpose of this article is to find out what things cause defaults by lessees and what legal protection for leasing companies. This research uses normative legal research. Protection is carried out through the clauses contained in the leasing agreement itself, through certain guarantees as legal guarantees for the lessor to repay the debt and the protection given to the lessor through general provisions regarding the law of ties regulated in book III of the Civil Code.

Is it Possible to Appeal the Recommendations of the Indonesian National Arbitration Board in Efforts to Achieve Justice

Herlina Manik, Irzan Mahari, Adha Nuraya — Tue, 07 May 2024 00:00:00 +0700

This research aims to find out whether it is possible to appeal against BANI recommendations in an effort to achieve justice. This research is normative legal research with descriptive research type. This data was collected through literature study, regulatory study and document study. The results of this research show that the BANI decision is final, meaning that the arbitration decision cannot be taken as legal action. Meanwhile, arbitration decisions are binding, meaning they bind the parties, especially the parties to the dispute. This final nature means that it is the first and final decision, which cannot be taken as cassation, appeal or judicial review, except for cancellation by the court. This means that if the party involved in the decision is not willing to carry out the decision, in the sense of being forced to carry it out, and if they are still unwilling to carry out the decision, sanctions can be imposed. This is in accordance with the aim of the law to regulate and coerce, to regulate those who are willing to be regulated, and to coerce those who are not willing to be regulated.

Harmonization Of Customary Law National Defense Law Related To Land Ownership In The Framework Of National Strategic Projects

Agus Rahmad, Alex Ramalus, Moh. Hasyim Asy'ari, Jerniati — Tue, 07 May 2024 00:00:00 +0700

The discussion on the harmonization of customary law with national defense law related to land ownership is becoming an increasingly important issue, especially in the context of implementing national strategic projects. Terminologically, the recognition of customary land rights by indigenous peoples has become a major focus in the context of legal regulation in Indonesia. This recognition, both politically and legally, reflects respect for the traditional rights of indigenous peoples by governments and the international community. This research aims to explore harmonization efforts between customary law and national defense law in the context of land ownership for national strategic projects. This research utilizes a normative juridical approach. Legal recognition of indigenous peoples in Indonesia has evolved through four stages since independence, including recognition in the constitution, laws, and government policies and Harmonization between customary law and national defense law is important to create a sustainable legal system and guarantee indigenous peoples' rights to their land and natural resources. The harmonization formulation of customary law and defense law in Indonesia needs to be strengthened to support the implementation of national strategic projects by taking into account national interests and the traditional rights of indigenous peoples.

Artificial Intelligence And Legal Challenges In Indonesia

Wawan Fransisco, Angga Aldilla Gussman, Budi Utomo — Tue, 07 May 2024 00:00:00 +0700

Law, ethics and humanity need to accompany every development of Artificial Intelligence and all applications based on Artificial Intelligence. This rapid development cannot be separated from complex legal challenges. This research aims to identify, analyze, and provide solutions to legal challenges that arise in the context of the development of Artificial Intelligence. The main focus of the issue of Artificial Intelligence on Criminal liability. Through this exploration, the research provides in-depth insight into recent legal developments, regulatory efforts, and recommendations to overcome these obstacles. As such, the research contributes to a further understanding of the legal dynamics relating to the development of AI technology and stimulates further discussion in this area.

Formulation Of The Separation Of Correctional Institutions From The Ministry Of Law And Human Rights To Realize Legal Expediency In The Governance Of Government Institutions

Riko Hamdan, Iyan Patmos, Vuzio Fernanda, Fahri Yahya — Tue, 07 May 2024 00:00:00 +0700

The discussion on the separation of correctional institutions from the Ministry of Law and Human Rights has become an increasingly important topic in the context of effective and efficient governance. This research aims to explore the formulation of the separation of correctional institutions from the Ministry of Law and Human Rights as an effort to realize legal expediency in the governance of government institutions. The approach used in this research is normative juridical. The normative juridical approach is an approach that is carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The results of the analysis show that the separation of correctional institutions from the Ministry of Law and Human Rights has the potential to increase effectiveness and accountability in the governance of government institutions, as well as strengthen the protection of human rights. However, the process is also faced with a number of challenges, including inter-agency coordination, resource allocation, and changes in organizational culture. This research makes an important contribution to understanding the importance of separating the penitentiary from the Ministry of Law and Human Rights in the context of realizing legal expediency in governance. The resulting policy implications can serve as a foundation for better decision-making in formulating and implementing future reforms to the governance of correctional institutions