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Journal of Morality and Legal Culture
ISSN : 27464555     EISSN : 27464563     DOI : 10.20961
ournal of Morality and Legal Culture is a peer-reviewed journal published by the Doctoral of Legal Science Program, Faculty of Law, University of Sebelas Maret. It published twice times a year (July and December). This Journal aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal systems. It provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. Published exclusively in English and/or Bahasa Indonesia (will be considered), the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. Novelty and recency of issues, however, are a priority in publishing. The scope of the articles published in this journal deals with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Anthropological Law, Health Law, Law and Economics, Sociology of Law and another section related contemporary issues in Law (Social science and Political science). Journal of Morality and Legal Culture is an open-access journal which means that all content is freely available without charge to the user or his/her institution (for libraries or individuals). Users (for libraries or individuals) are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Articles 19 Documents
Implementation of Criminal Case Trials Through a Teleconference by Prosecutors with a Progressive Legal Approach Wijaksana, Muhamad Mahrus Setia
Journal of Morality and Legal Culture Vol 1, No 2 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i2.46519

Abstract

The development of technology in the era of the 4.0 industrial Revolution, characterized by digitalization until covering the realm of criminal law, was affected by the activity of law enforcement. Moreover, this time crowded about criminal trials through teleconference in the middle increasingly the mass of pandemic spread covid-19 which of course also affects the duties and authority of the prosecutor. The study focuses on analyzing the implementation of the trial in a teleconference by prosecutors with a progressive legal approach, highlighting the law as "not only rules and logic but also behavior." This research uses the socio-legal approach. The results showed that the legal arrangements related to criminal proceedings through the teleconference were still scattered in various regulations and the double implications of prosecutors. As for the implementation of the trial teleconference by prosecutors from the legal side of progressive measured from two things, first behavior seen in the trial that met many challenges, second is measured from an understanding of a progressive order/following the dynamics of community development. But the future also needs to be re-evaluated every weakness of existing current and formulated standard operational procedures and detailed legal provisions of the proceedings through the teleconference selectively.
Institutionalization of the Approval Principle of Majority Creditors for Bankruptcy Decisions in Bankruptcy Act Reform Efforts Saputra, Rian; Luthviati, Resti Dian
Journal of Morality and Legal Culture Vol 1, No 2 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i2.46880

Abstract

This study aims to determine the urgency of institutionalizing the principle of bankruptcy decisions that must be approved by the majority creditors with a test stone in the form of a bankruptcy decision Number: 04/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst then also to analyze the opportunities for institutionalizing the principle. mentioned in Indonesian law. This research is a normative legal research with an approach in the form of a conceptual approach, and a statute approach and a case approach. The results show that the urgency of applying the principle of "Approval of Bankruptcy Decisions Must be approved by Majority Creditors" in Indonesia is based on the Bankruptcy Decision Number: 04/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst, in addition to following the development of global bankruptcy law. , also in order to provide justice to fellow creditors so that no creditor feels aggrieved in any future bankruptcy decisions. The principle itself requires that each bankruptcy decision be approved by at least 50% of the majority of creditors according to the number of claims (receivables), not the majority according to the number of people. Even though, the application for a bankruptcy statement was made by the Debtor himself, the bankruptcy decision should not have been taken by the court without the approval of the creditors or the majority of creditors. Also, the opportunity to apply this principle in Indonesia is very possible considering that the principle is in accordance with the character of the nation which clearly makes consensus & deliberation as an alternative in every problem that exists within the Indonesian nation, it is not wrong if this is also applied in the concept of the Bankruptcy Law in the future (das sein).
Limitation of Application of Sharia Principles in Sharia Economic Dispute Resolution in Religious Courts Rosidah, Zaidah Nur
Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i1.44749

Abstract

This paper aims to find the basis for the philosophical rationality of applying sharia principles in resolving sharia economic disputes in religious courts as well as the prerequisites required by religious court judges to apply sharia principles in resolving sharia economic disputes. The type of research used is normative legal research to find philosophical rationality and the institutionalization of sharia principles in resolving sharia economic disputes. The approach used is a conceptual approach. Secondary data were collected through literature study. The research results obtained first, the philosophical rationality of the application of sharia principles in sharia economic dispute resolution in line with the first and third principles of Pancasila. Second, the institutionalization of sharia principles becomes effective if there are prerequisites that must be met, firstly enough information for judges to understand sharia principles, secondly the obstacles that come from the judges themselves who are still oriented towards the flow of legism / positivism will have an effect on providing legal basis and third the speed of instilling the institutionalization of sharia principles can be done through education and training organized by the Supreme Court for Religious Court judges.
The Problems of Controlling the Transparency of the Financial Budget Use of Corona Virus 19 Karjoko, Lego; Handayani, I Gusti Ayu Ketut Rachmi; Jaelani, Abdul Kadir
Journal of Morality and Legal Culture Vol 1, No 2 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i2.46569

Abstract

This study aims to analyze and illustrate the problem of monitoring the transparency of the use of the Corona Virus 19 financial budget. Transparency is one of the important elements in the realization of good governance. This research is a normative study with a statutory approach. The data of this research uses secondary data with primary, secondary and tertiary legal materials. The results show that first, the Covid-19 pandemic has caused a decline in the economy and activities in various sectors. Second, supervision of the use of covid funds is very weak considering Law Number 2 of 2020 gives absolute power to change budget postors and remove checks and balances and gives immunity authority to the government in managing state finances so that they cannot be corrected and are immune to the law.   
Implementation of Prudential Principles in the Use of Disinfectants as an Effort to Prevent Covid-19 Pandemic for Legal Protection of Ecosystems Handayani, Otih
Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i1.46496

Abstract

The Covid-19 pandemic spreads almost all over the world, including Indonesia. The rapid spread of many fatalities resulted in the government using various means to overcome the pandemic, among others, with preventive efforts through massive disinfectant spraying. This research aims to lysis on applying the principle of prudence in the use of a disinfectant. This research is doctrinal/normative legal research with a statutory approach. Data is collected with literature studies, qualitatively analyzed. The results describe the use of large and inappropriate disinfectants that cause environmental pollution and adverse effects on public health. Environmental law analysis using Law No. 32 of 2009 and the regulations below can protect legal certainty and protect everyone's right to a good and healthy environment to protect the entire ecosystem.
The Philosophical Foundation of the Coherence of Regulations Concerning Apartment in Indonesia Yuniyanti, Salma Suroyya
Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i1.44745

Abstract

A state holds constitutional responsibility of embodying physical, psychological welfare, and social justice for all of its citizens. Developing apartments is one of the Indonesian government's policy to ensure the embodiment of these responsibilities. Regulation on apartment that adheres to horizontal separation principle (Horizontale scheiding beginnsel) still often leads to a range of legal issues. Accordingly, it is necessary to find out and comprehend the philosophical foundation of the coherence of regulations concerning apartment. The present study applied normative legal method with statutory and conceptual approaches. In practice, horizontal separation principle is not well-implemented and is not in line with the Basic Agrarian Law (BAL). Right of Ownership of an apartment unit (HMSRS) is a personal right and is separated from common right upon shared objects, parts, and land. This phenomenon can lead to legal issues, particularly when the secondary rights (i.e., right to use building or right to use upon the state land and right to use building or right to use upon the right to manage) are no longer extended. The implementation of horizontal separation has not provided a legal certainty for the community regarding apartment unit ownership. Accordingly, in order to provide legal certainties, the government should enact Government Regulation as further stipulation of Law no. 20 of 2011.
The Law Due to Authentic Degradation of Assets Against the Parties Leonard, Tommy
Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i1.46480

Abstract

Degraded authentic deeds may cause losses to the parties. Notary as an official who is authorized by law has the responsibility for violations that cause the authentic deed to be degraded. In maintaining the professionalism of a notary, a notary who commits a violation can be given a sanction as a form of responsibility but also can file a lawsuit by the parties who suffer a loss. This thesis aims to determine the legal consequences of authentic deed degradation on the parties. The writing of this thesis uses a normative juridical research method or uses a statutory approach. Normative legal research is used to obtain rules, legal regulations and the application of the law. The notary's responsibility is given by imposing sanctions on the notary who commits the violation according to the level of the violation so that the notary can fulfill his responsibilities as a notary who has good morals and ethics in order to create justice for both the injured party and the notary itself.
Juridical Analysis of the Amendment of Law of the Corruption Eradication Commission in Eradicating Corruption from Legal and Economic Perspective Siregar, Hulman
Journal of Morality and Legal Culture Vol 1, No 2 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i2.46524

Abstract

In this case, the efforts to eradicate corruption by law enforcement officials, prosecutors of the Republic of Indonesia, and Indonesian police, have not been significant. To make the eradication of corruption useful corresponding to the mandate of law, then the Corruption Eradication Commission (KPK) was formed; this institution is known as the super body institution. The method used in this research is combining normative juridical methods with empirical facts to analyze the effectiveness of corruption eradication in legislation. Over time, the role of the KPK in eradicating corruption received intense attention from the public, both pro, and contra. The legislature wants to revitalize the implementation of the KPK's duties with several considerations, to prioritize prevention efforts through the revision of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission  
Implementation of Business Competition Violation Norms in the Decision of the Business Competition Supervision Commission Ma’ruf, Arifin; Setiyawan, Wahyu Beny Mukti; Widiatama, Widiatama
Journal of Morality and Legal Culture Vol 1, No 2 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i2.47127

Abstract

This paper analyzes the application of norms concerning violations of business competition in KPPU decisions. The case study in this paper is in the case of violations of business competition conducted by PT Forisa Nusapersada in Case Decision Number 14/KPPU-L/2015. As a comparison, this study also compares the application of norms in cases that are almost similar, namely the Decision of the Case KPPU Number 14/ KPPU-L/ 2015 with the Decision of the Case KPPU Number: 06/KPPU-L/2004. The results of the research show that in addition to Article 19 and Article 25 above, KPPU should also apply Article 52 paragraph (2) letter a and Article 15 paragraph (3) of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition in the case of PT Forisa Nusapersada. 
Criminal Policy Formulation on Regulation of Death Penalties for Criminal Actors Suartha, I Dewa Made
Journal of Morality and Legal Culture Vol 1, No 1 (2020): Journal of Morality and Legal Culture
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jmail.v1i1.44743

Abstract

This article is encouraging this problem solving with finding and analyzing the formulation of the criminal offense criteria to punishable by death in Indonesian criminal law and reformulation of setting the criminal offender measurement that sentenced to death from the perspective of ius constituendum. The article based on normative legal research by examining primary and secondary legal materials by collecting legal-materials using a card system. The analytical approach uses legislation, concepts, and comparisons. The research analysis was present in the form of descriptive analysis with evaluative, systematic, formulating, and argumentative techniques in this article. The results of this research that conducted are the Indonesian criminal law does not regulate the criminal act criteria that punishable by death so that the execution of the death penalty results in injustice to both the perpetrator, the victim, and the community. The reformulation of Indonesian criminal law shall focus on the objectives and guidelines for the punishment of perpetrators of criminal offenses punishable by death refers to the Draft Criminal Code and the involvement of the victim and the community in their interests if in the execution of capital punishment there is a change to imprisonment or life imprisonment

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