University Of Bengkulu Law Journal

The Existence of Policy Regulations (Beleidsregel) in the Indonesian Legislative System

Sat, 05 Oct 2024 00:00:00 +0000

The phenomenon of many types of statutory regulations being formed, there is the formation of a number of policy regulations. The main issue related to policy regulations is the issue of accountability and supervision. Because its formation is based on "free" authority, this policy regulation is vulnerable to abuse even though the accountability mechanism is not clear. The problems are: (1) What is the existence of policy regulations related to legal force and the implications that arise from their implementation? (2) How is policy regulation carried out to ensure that there is no abuse of power? This research uses normative legal research methods. Research results: The existence of policy regulations (beleidsregel) was formed not based on attribution or delegation authority from the Constitution and Laws, but was formed on one's own initiative (discretion) in order to resolve the government administration problems faced. Policy regulations are not statutory regulations and are not directly legally binding. The unclear status of policy regulations has the implication that the supervision carried out over them is still not optimal because there are no explicit regulations regarding the supervision mechanisms that can be carried out. To clarify the scope of supervision of policy regulations, there needs to be a revision of Law no. 30 of 2014 concerning Government Administration so that supervision of the use of discretion is not only aimed at decisions and/or actions of Government Officials but also includes supervision of the use of discretion which results in policy regulations. Apart from that, a monitoring mechanism through the judiciary must be sought where the Supreme Court must have consistency in its decisions and provide criteria related to policy regulations that can be tested to control them so that they are not misused.

Keywords: discretion; policy regulations; supervision

Juridical Study of The Establishment of Community Land as a Natural Tourist Park Seblat Jurisdiction Air Rami Mukomuko District

Deyan Ajian Putra, Herawan Sauni — Thu, 10 Oct 2024 00:00:00 +0000

Legal issues that occur in the community are related to land tenure issues. On the one hand, land rights are protected by legislation, especially customary rights and property rights. On the other hand, the designation of an area as a Nature Tourism Park must have a certain landscape uniqueness. However, empirical facts show that the designation of Dusun Pulau village community land into the Seblat TWA area is not in accordance with and does not meet the criteria for natural resources determined by law and allegedly does not pay attention to land rights owned by the community. This research examines the validity of the determination of community land into a natural tourist park, especially in the jurisdiction of Mukomuko district. The method used in this research is empirical law and supported by normative legal research with qualitative methods and utilising data collected through primary and secondary sources, literature reviews and interviews both directly and via telephone. The results showed that the Seblat TWA area in the jurisdiction of Mukomuko district did not have natural uniqueness that met the criteria contained in the applicable regulations, besides that the determination was allegedly carried out unilaterally without regard to land rights owned by the community.

Keywords: Land rights, Nature Tourism Park (TWA), Validity.

Inkonsistensi Penerapan Pasal 70 UU ADR dalam Pembatalan Putusan Arbitrase di Indonesia

Husni Kurniawati, Salma Nur Hanifah — Thu, 24 Oct 2024 00:00:00 +0000

The arbitration award results in a final and binding decision. However, an annulment attempt can be made based on Article 70 of the ADR Law which is directed at the District Court. This is contrary to the principle of non-intervention of the court in Articles 3 and 11 of the ADR Law. The urgency of this study is to determine the authority of the court and the use of the provisions of Article 70 in the annulment of an arbitration award after the issuance of the Constitutional Court Decision Number 15/PUU-XIII/2015 and Supreme Court Regulation number 3 of 2023. This study uses a normative legal approach with analytical descriptive research specifications. The sources and types of data used are secondary data collected through literature which are analyzed descriptively qualitatively. The results of the study indicate that the District Court only has the authority to cancel based on the elements of Article 70 of the ADR Law without being accompanied by an act of trying it itself. The use of the provisions of Article 70 of the ADR Law still has different opinions even though the Constitutional Court has issued a decision Number 15/PUU-XIII/2015, as in the Semarang District Court Decision No. 01/Arbitrase/2016/PN.Smg and the Supreme Court Decision No. 480B/Pdt-Sus-Arb/2017. The follow-up to the Constitutional Court decision was then made by Supreme Court Regulation number 3 of 2023 to regulate further. However, the regulation still does not clearly regulate the use of the provisions of Article 70 of the ADR Law which contains criminal elements but is carried out in a civil manner. The ambiguity in terms of evidence related to the norms contained in Article 70 will potentially cause legal uncertainty for justice seekers.

Replikasi Fungsi Wali Amanat Pada Layanan Pendanaan Bersama Berbasis Teknologi Informasi (Peer To Peer Landing) Dan Penawaran Efek Bersifat Utang/Sukuk Melalui Layanan Urun Dana Berbasis Teknologi Informasi (Securities Crowdfunding)

Ziffany Firdinal — Sat, 12 Oct 2024 00:00:00 +0000

This paper tries to compare the Public Offering in Capital Market activities with Crowdfunding activities (Peer to Peer Lending and Securities Crowdfunding on Bond/Sukuk) which are basically identical because the wider community can access offers from borrowers and make funding through platforms that can be accessed by the public. According to the results of research by the Financial Services Authority of Indonesia in 2017, there are inherent risks in the Crowdfunding base on Peer-to-Peer Lending services, namely the risk of default and lack of information for investors, therefore it is proposed to replicate the Bond Trustee Institution which plays a role in protecting the interests Bond/Sukuk offered in a Public Offering in Crowdfunding activities of Peer-to-Peer Lending and Securities Crowdfunding on Bond/Sukuk.

Keyword: Crowdfunding, trustee, Securities