ijcs
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Abstract: The existence of the Constitutional Court Decision Number 18/PUU-XVII/2019, made problems in society related to the implementation of the fiduciary guarantee execution. This study aims to determine and analyze the implementation of the Constitutional Court Decision Number 18/PUU-XVII/2019. The research method used is normative juridical by conducting document studies of legal principles, legal regulations and legal norms in Indonesia and interviews with civil law experts. The results showed that the decision of the Constitutional Court Number 18/PUU-XVII/2019, caused disagreements in its implementation. Prior to the Constitutional Court Decision, the execution of the Fiduciary Guarantee was based on the Fiduciary Guarantee Law, if the debtor in default, the Fiduciary Recipient can execute on the basis of the fiduciary recipient's own power to sell the object of fiduciary security, but with a Constitutional Court Decision it must go through a court. This creates confusion for creditors and is against the principle of material security. This is detrimental to creditors, because creditors cannot immediately sell their own fiduciary collateral objects if the debtor defaults. This phenomenon can lead to a lack of legal certainty and legal protection for fiduciary recipients and contradicts the nature of fiduciary guarantees which should have strong guarantee rights and are easy to implement. Keywords: Fiduciary Guarantee, Execution, Default Clauses, Implementation. |
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Abstract: Background: Though there are vigorous efforts made to fight corruption attitude and behavior, in Indonesia the judiciary sector is still characterized by the existence of rampant widespread corruption acts of crime. For instance, there are many judges who have been caught being bribed across the country. From the available data, of the 19 judges at the Corruption Eradication Commission, 53% are those who make up the Corruption Adhoc judges, while the remaining 47% are career judges. Objective: This research was conducted to determine the corrupt behavior of judges in relation to carrying out their duties and authority in upholding justice. Method: The study applied a normative juridical research method, which established that corruption behavior exhibited by judges in handling cases is still prone to criminal acts of corruption, is detrimental to justice seekers. Conclusion: Thus, the judge's corrupt behavior as the foremost law enforcer can be prevented as early as possible, if justice is to be upheld at a national level. Keywords: Behavior, Crime, Corruption, Judiciary, Judge and Law Enforcement. |
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Abstract: This study aims to promote multicultural values in the culture of Sintuwu Maroso the Poso community through the transformation of education which is integrated with Islamic religious subjects based on animated image media as prevention of radicalism in the school and community environment. Research methods is a qualitative descriptive study in the form of writing and oral words from people who are the object of research, in conducting research, researchers as the main instrument whose role is to observe observations of documents and conduct interviews with informants, analyze data, interpret data and interpret data compiled a report on tracking the value of local wisdom on the multicultural value of Sintuwu Maroso in the Poso community. Islamic religious education learning that is integrated between Islamic religious material and cultural material of the Poso Sintuwu Maroso community can produce students who are always obedient to their God, behave well with others and are far from understanding religion and radical religious behavior in multicultural / change communities. student characters. Islamic religious education learning that is integrated between Islamic religious material and cultural material of the Poso Sintuwu Maroso community can produce students who are always obedient to their God, behave well with others and are far from understanding religion and radical religious behavior in multicultural / change communities. student characters Keywords: Multicultural Values, Islamic Religious, Media Animation, Prevention Radicalism. |
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Abstract: This study is directed to examine the issue of child marriage from the perspective of criminal politics. Criminal political perspective child marriage is a perspective that not only sees the problem of child marriage solely as a matter of criminal law, but also tries to look at the problem of child marriage from a non-legal perspective. By using normative and juridical approach, the results showed that the perspective of politics of criminal law of child marriage is to see the problem of child marriage solely as a matter of criminal law, but also tries to look at the problem of child marriage from a non-legal perspective. The politics of criminal law with a penal approach can be done by using integrative formulation, revision, criminalization, penalization of child marriage, law enforcement against criminal acts related to child marriage, encouraging the making of Regional Regulations, Governor Regulations or Regulations of Regents. On other hand, the non-penal approach is by empowering the role of parents by conducting education, education and self-esteem; empowering the role of religious leaders, community leaders, traditional leaders; family economic empowerment, education empowerment and integral policy models Keywords: Penal and non-penal approaches, legal enforcement, child marriage, politics of law, criminal law. |
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Abstract: The development of business in Indonesia accompanies legal needs in the community, especially when triggered by the pandemic period of 2020, breakthroughs of business people to anticipate obstacles have made innovative clauses to be put in the agreement. The birth of the “business as usual” clause needs to be observed in this paper to study the legal impacts that may arise from its positive and negative aspects. This paper aims to analyze the impact of the agreement on the placement of a business as a usual clause on force majeure conditions and to examine the relevance of responsibility as good faith, its validity is limited so that risks can be minimized. This research paper use a random sampling method, normative-empirical legal research, socio-legal research tool types, data software through legal observations, analysis descriptions, modern or traditional agreement law reviews, and primary and secondary data collection. The results of this paper's research manifest the dispute resolution of the parties due to the agreement if it is not proven in good faith. This paper provides solutions and studies of the agreement law of business actors in an effective manner of responsibility and justice. Keywords: Effective law, clauses, agreements, responsibility. |