Vol. 4 No. 2 (2024): Focus Journal Law Review (Author: Australia, Indonesia, China)

Artikel

• Analysis of Legal Protection for Consumers in Trading Through Electronic Systems Based on Minister of Trade Regulation Number 31 of 2023

  I Made Rai Buda Tantra Yoga Suarsawan, I Nyoman Prabu Buana Rumiartha, Ni Putu Adhya Pradnyaswari

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  DOI : https://doi.org/10.62795/fjl.v4i2.278
  

  Trading Through Electronic Systems (PMSE) is a type of trading that is different from conventional trading because it uses an electronic systems. With the rapid advancement of technology, PMSE continues to grow with the emergence of various types of electronic trading. The purpose of this research is to analyze the types of trading through electronic systems and the legal protection provided to consumers engaging in PMSE based on Minister of Trade Regulation Number 31 of 2023. The method used in this research is normative legal research. Normative research involves a literature review with a statutory approach. The results of this study identify various types of PMSE according to Minister of Trade Regulation Number 31 of 2023, as well as several forms of legal protection for consumers participating in PMSE. However, the legal protection offered under this regulation still refers to the Consumer Protection Act. This aspect requires updating, considering the diverse types and forms of PMSE that have emerged.

  Abstract : 44 views | PDF : 34 downloads

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• The Essence of the Public Interest Principle in Petroleum Mining According to the Constitution

  I Gede Janitra Rad Winatha, Meliana

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  DOI : https://doi.org/10.62795/fjl.v4i2.262
  

  Indonesia is a country that has abundant natural resources, but Indonesia faces challenges in regulating petroleum mining so that it can always improve people's welfare. Therefore, this research will focus on examining the actual role of the state in implementing the principle of public interest in the field of petroleum mining as mandated by the 1945 Constitution of the Republic of Indonesia. This principle of public interest is intended to ensure that petroleum resources are considered strategic. by the state can be managed for the greatest prosperity of the people so that it is in line with the objectives of the constitution, namely justice, expediency and legal certainty. To achieve this, the state must be able to provide parameters regarding the extent to which the regulation concerns the public interest so that it can be used as a guide in interpreting state control over natural resources and ensuring their utilization for the greatest prosperity of the people. stated in the law. constitution. This principle has actually been tested and enforced through various legal frameworks and Constitutional Court decisions, thereby further emphasizing the role of the state in prioritizing community welfare in petroleum mining activities.

  Abstract : 21 views | PDF : 18 downloads

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• Corporate Crime Liability: Beyond Rule Reform on Indonesia Criminal Policy

  I Dewa Made Suartha, Jared Ivory

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  DOI : https://doi.org/10.62795/fjl.v4i2.281
  

  The acceptance of the corporation as the subject of a criminal act, causing problems in the accountability of corporate criminal acts, because of the existence of vague norms that cause injustice and uncertainty in its application. In this study, there are two main problems, namely regulation of corporate criminal liability in criminal law in Indonesia and the prospect of criminal law on the liability of corporate criminal acts in Indonesia from the perspective of ius constituendum. The research method used is a normative legal research method with a statutory approach, comparison study and legal concepts analysis. The results of the study are: (1) As a vague norm in the regulation of corporations as the subject of criminal acts that can be accounted for in the Criminal Code and several laws outside the Criminal Code have regulated corporations as the subject of criminal acts that can be accounted for in criminal law, (2) The prospect of regulating corporate criminal liability in the 2019 Draft Criminal Code has completely and firmly regulated corporations as the subject of criminal acts and can be accounted for in criminal law and accepts absolute criminal liability and certain substitute criminal liability.

  Abstract : 11 views | PDF : 15 downloads

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• The Honorary Board of Election Organizers (DKPP) as an Ethical Judicial Institution for Election Organizers

  Wein Arifin, A. Zarkasi, Sukamto Satoto

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  DOI : https://doi.org/10.62795/fjl.v4i2.274
  

  The Honorary Board of Election Organizers (DKPP) is an election organizing body tasked with handling violations of the code of ethics of election organizers. DKPP is a state institution established by law. As a state institution that organizes elections, DKPP has the authority to examine, call, sanction and decide on violations of the code of ethics of election organizers. This authority is implemented through a judicial process such as in general courts, namely the process of examining reporting witnesses, reported witnesses, expert statements, validation of evidence, and reading of the verdict. The DKPP's decision is final and materially binding. The trial of violations of the code of ethics held by the DKPP and added to having the nature of a final and binding decision makes the DKPP in several judicial body decisions referred to as a quasi public court, while in the Constitutional Court decision the DKPP is interpreted as a single function of organizing the Election together with the KPU and Bawaslu, meaning that the DKPP is an election organizing institution.Based on this, this study formulates the problem formulation, namely how is the position and authority of the DKPP as a state institution that organizes elections that functions as a quasi public court? This research is a normative legal research whose nature is descriptive and from the perspective of its form is a prescriptive research. This research uses a legislative, conceptual, historical, conceptual, and comparative approach. The research results conclude that the DKPP is an election organizer in the form of an auxiliary state organ that is independent. The DKPP has the authority to enforce the code of ethics of election organizers which in character is almost the same as a general court. The DKPP's decision is final and materially binding. Based on this, the DKPP as a state institution that organizes elections can be called quasi ethical court of  public nature.

  Abstract : 27 views | PDF : 18 downloads

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• The Role of Local Wisdom in the Governance of Nunkurus Village

  Filmon Mikson Polin

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  DOI : https://doi.org/10.62795/fjl.v4i2.282
  

  This research, entitled "The Role of Local Wisdom in the Governance of Nunkurus Village," addresses the issue of how local wisdom influences the governance of Nunkurus Village. The objective of this study is to ascertain the role of local wisdom in the governance of the village. The research employs an empirical legal study approach, utilizing both primary and secondary data sources. Data collection techniques include document studies and interviews, with data analysis conducted through descriptive qualitative methods. The findings reveal that local wisdom plays a dual role: for the community, it functions as an unwritten rule or law, while for the village government, it acts as a social norm regulating community behavior concerning livestock, and as a sociological/anthropological legal source in the formation of village regulations.

  Abstract : 18 views | PDF : 13 downloads

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