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The Southeast Asia Law Journal
Published by Universitas Jayabaya
ISSN : 24774081     EISSN : 25025503     DOI : -
Core Subject : Social,
The Southeast Asia Law Journal (SALJ) The Southeast Asian Law Journal (SALJ) is a scholarly journal dedicated to presenting a broad perspective on law justice issues within the domestic Indonesia. SALJ provides a forum for social scientists to report research findings for informed policy making with respect to crime and justice through innovative and advanced methodologies. The journal provides an overview of law and crime and justice within the Indonesia. It focuses on any aspect of crime and the justice system and can feature local, state, or national concerns.
Arjuna Subject : -
Articles 18 Documents
Parate Execution Secured Assets of Bad Credit In Indonesian Banking System Saputera, Januar Agung; Hasan, Djuhaendah; Sitompul, Zulkarnain; Muliadi, Ahmad
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (348.62 KB) | DOI: 10.31479/salj.v1i1.3

Abstract

Parate execution carried out by the bank as a repayment on credit cus- tomers are executions carried out solely by the holder of a security in- terest (the bank) without the assistance or intervention of the District Court, but directly through the Office of State Auction. In the execution of the auction debtors seek legal shortcomings with the proposition less sense of fairness. To analyze the problem is to use a grand theory of the welfare state, middle range theory legal justice and applied theory of development, because who wants to be resolved how the relationship between banks and customers to jointly provide welfare are not detri- mental to either side, as well as on the legal certainty guaranteed by the legislation in carrying out the execution parate to the bank and ftnd the concept of law in the resolution of bad loans for the purpose of legal development in the future. The Research method is normative legal research, to obtain the necessary data in connection with the period is- sues. The data used secondary data. Data analysis be done with juridical analysis of qualitative. From the research results can be obtained dispute bad credit not provide legal justice and certainty for creditors as they occur rejection of the auction by KPKNL result of the conftscation of the object of mortgage.
Policy Criminal Fines and Imprisonment Substitute Fines Wibisono, Eddy
The Southeast Asia Law Journal Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1769.488 KB) | DOI: 10.31479/salj.v1i2.10

Abstract

This research is motivated problems in policy implementation criminal fines and imprisonment substitute fines for criminal narcotics which are still being debated in the community. The method used in this study is a normative legal research conducted in an attempt to obtain the necessary legal materials in connection with the problem. Legal materials used are the primary legal materials, which consist of the Act and the judges decision. Narcotics Act and court decisions relevant to the formulation of research problems have been studied to answer the formulation problems, and analysis using juridical methods. This study founded substitutes for policy implementation imprisonment penalty as a penal policy for the convict in the case of narcotic because it is a legal dictation.
The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System Maryano, .; Yuhelson, .
The Southeast Asia Law Journal Vol 2, No 2 (2017)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (221.062 KB) | DOI: 10.31479/salj.v2i1.67

Abstract

Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the companys reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.Keywords: Corporate crime of law politics, legal standing, subject crime of law.        
Alignment of Outsourcing Agreement on Protection Law and Justice Sinaga, Niru Anita; Wibowo, Basuki Rekso; Hatta, Sri Gambir Melati; Hasibuan, Fauzie Yusuf
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (334.832 KB) | DOI: 10.31479/salj.v1i1.4

Abstract

One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty.
Law Enforcement on Ordinary Crimes in Minor Motive using Restorative Justice: Perspective Criminal Law Reform Purba, Jonlar
The Southeast Asia Law Journal Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (415.181 KB) | DOI: 10.31479/salj.v1i2.12

Abstract

The disparity by judges in decisions led to the inability of people facing criminal offenses. Laws are not grounded to small communities, the judicious use of a crime in Indonesia as well as the strength of spider webs in which only able to ensnare minor crimes, but are not able to touch the major crimes that occurred in Indonesia. This study uses normative juridical. The results of this study found that completion ordinary crime patterned petty can be reached with a restorative justice approach, so it can focus on the direct participation of the offender, victim and community.
The Shifting of Burden of Proof on Corruption Offences in Indonesia After The Ratification of United Nations Convention Against Corruption (UNCAC) 2003 Mulyadi, Lilik; Ismail
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (558.527 KB) | DOI: 10.31479/salj.v2i1.77

Abstract

This article describes the result  of a research  regarding  the shifting of burden  of proof  on corrup-  tion offenses in the Indonesia after the ratification of United Nations Convention Against Corruption (UNCAC) 2003. T he article uses normative research which regulation, conceptual, case and compar- ative approach. Such research emphasizes interpretation and legal construction to obtain some legal norms, conception, regulation list and its implementation in concerto cases. Regulation  and concep-  tual approach to used how to know, existences, consistency and harmonization regarding the shifting of burden of proof upon corruption offenses in legislation body. The cases approach uses comparative law regarding the reversal burden of proof upon corruption offender between Indonesia and the other countries. This research shows that the shifting of burden of proof has never yet applied for in the corruption cases Indonesia. The Indonesian corruption regulation policy, especially  article 12B, 37, 37A, 38B apparently it’s not cleaq and disharmony to norm of sudden charge of fortune the shifting of burden of proof formulation in connection with United Nations Convention Against Corruption 2003 (KAK 2003). So, necessary (needs) of modification sudden charge of fortune shifting of burden of proof formulation which preventive, represive and restorative characteristic.Keywords: Corruption; The Shifting of Burden of Proof; Balanced Probability of Principles         
The Legal Certainty of Execution of the Death Penalty in Indonesian Criminal Justice System Tanjaya, Willy; Prasetyo, Teguh; Muhadar, Muhadar; Mulyadi, Lilik
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (342.088 KB) | DOI: 10.31479/salj.v1i1.5

Abstract

This study aims to answer three main problems, namely: (1) How the provisions of the deadline for execution on the death row prisoners in the Indonesian justice system?; (2) What method of execution on death row prisoners in the Indonesian justice system?; and (3) How is the policy of capital punishment in Indonesia in the future?. This research uses the primary, secondary and tertiary legal materials. The research methods being used in this research is normative method with the application of the statute approach, the case approach and the comparative approach. The results of this study shows the following conclusions: (1) the criminal law system in Indonesia is not set the deadline for execution on death row prisoner who had obtained a court decision that is legally binding and or the clemency petition has been rejected signal by the president; (2) The method of execution that has been implemented in Indonesia is a method of firing squad the u.s. stipulated in Law No. 2/Pnps/1964; (3) The policy the SE for the death penalty law in Indonesia in the future will not be shifted away from the current state.
Supervisory Function on Judges: Prevent Corruption Context Hasmi, Edy
The Southeast Asia Law Journal Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (409.242 KB) | DOI: 10.31479/salj.v1i2.14

Abstract

The purpose of this research was to determined the effectiveness of the supervision of the Supreme Court judges in Indonesia. Supervision the code of ethics and code of conduct of judges can be seen from the number of public complaints on judges are immoral and detention of judges by the Corruption Eradication Commission. The method used in this research was normative legal research/normative juridical, the data were analyzed descriptively qualitative. The research founded that The Supreme Court’s role in the framework of the supervision of judges has not been effective. This research suggested that judges should have high integrity, visionary, and also understanding for law and social sciences, and also should have the intellectual character, thus judges feel protected by the presence of the Supreme Court.
The Settlement of Disputes over Syariah Banking in the Religious Court Utoyo, Bambang; Santosa, Budi
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/salj.v2i1.74

Abstract

Law No. 7/1992, the law No. 10 /1998 and the law No. 23/ 1990 actually has become a strong legal basis for holding syariah banks in Indonesia, although there are still some things that still need to be perfected, including the need for arranging and enhancements to the terms of the legislation regarding be syariah banks separately so that when there was a dispute in this relation with syariah banking can be resolved by reference to the applicable law. At the beginning which become the problems of the law for the settlement of disputes of syariah banking is about to be brought where the solution, because the Court did not use the syariah as the legal basis for the settlement of the matter, while under the jurisdiction of the Court when it according to Act No. 7 1989 only limited to judge things marriage, inheritance, guardianship, grants, endowments and shadaqoh. So then to anticipate emergency condition then established Convenient Arbitration Indonesia (BAMUI) established jointly by the office of the General Attorney ofthe Republic of Indonesia and the MUI.Keywords: The settlement of Disputes, Convenient Arbitration Indonesia
The Independence Judge Verdict in Tax Dispute Resolution Sartono, Sartono; Tumanggor, Tumanggor; Soemantri, Sri; Ahmadi, Wiratni; Arinanto, Satya
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (350.476 KB) | DOI: 10.31479/salj.v1i1.6

Abstract

Tax tribunal as a specialized court exercising judicial powers to investigate and adjudicate tax disputes still using a system of dualism coaching, because until now there has been no revision or amendment of Law No. 2 of 2002 on the Tax tribunal. Independence and freedom of the Tax tribunal judge in deciding tax disputes must uphold justice, and not subject to and bound by any party. This research using theory of Justice based on the Pancasila. Grand Theory, theory of the State of Law as the Middle Range Theory and an Independent Judicial Power Theory. Applied Theory. This research was conducted using a normative juridical. Based on the research results show that the Tax tribunal judge in examining and deciding tax disputes has been carrying out its obligations which reflect the independence and the independence of judges and impartially and has fulfilled the principles of independent judicial power, in accordance with the provisions of Article 24 of the 1945 Constitution.

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