Jurnal Supremasi

Analisis Kritis Terhadap Penerapan Presidential Threshold dalam Pemilihan Umum 2024: Perspektif Hukum Normatif di Indonesia

Alex Cahyono — 2023-09-13

The minimum requirements for presidential and vice presidential nominations (presidential threshold) in Indonesia ahead of the 2024 General Election (Pemilu) continue to be a source of debate in the context of Constitutional Law. This debate arose due to factors such as allegations that the previous regime which won the election wanted to ensure its position as the determinant of presidential candidates in the next election. Through normative legal research methods, research was produced that this threshold was applied to the 2019 Election through Article 222 of Law Number 7 of 2017 concerning General Elections. This article stipulates that candidate pairs must be proposed by political parties or combinations of political parties participating in the election that succeeded in winning at least 20% of the total seats in the House of Representatives or 25% of the valid national votes in the previous election. This has the potential for the emergence of transactional politics in the formation of political party coalitions that are not based on shared ideology. Empirical facts and experience from the last election show that due to the presidential nomination threshold, the 2019 election produced the same two pairs of candidates as the 2014 election. This indicates that the implementation of the presidential threshold effectively eliminates competitors or potential challengers in the presidential and vice presidential elections, violating the general election principles of honesty and fairness. If this threshold remains, it is likely that the threshold for presidential and vice presidential candidacy will become even higher in the future, strengthening the dominance of transactional politics.

Social Justice’s Manifestation: The Relation Between Limited Companies and Small and Medium Enterprises

I Gede Agus Kurniawan — 2023-09-13

Social justice is an important pillar of Indonesia's constitutional identity. In this case, every law relating to the Indonesian economy is required to reflect the substance of social justice. One aspect that must pay attention to aspects of social justice is related to the formation of a Limited Liability Company or Perseroan Terbatas (PT). This research aims to find the urgency of the manifestation of social justice in the formation of PT before and after revision. This research is normative legal research which has an orientation towards the study of legal norms and rules. This research is based on legal issues, namely the social justice aspect in the legal policy of facilitating Small and Medium Enterprises (SMEs) in establishing PT. The legal materials in this research include primary legal materials and secondary legal materials, as well as non-legal materials. The approaches in this research are the statutory regulatory approach and the conceptual approach. The research results confirm that the essence of the revised PT provisions in the Job Creation Law is to allow PTs to be formed by business, micro, and small business legal entities. The essence of social justice seeks to improve the welfare of all levels of Indonesian society. In fact, this has been facilitated by the revision of the provisions of the Job Creation Law and its derivative regulations so that PTs are not only dominated by investors but can also empower SMEs.

Foreign Investment Policy in Renewable Energy Post Job Creation Law

Aswin Pasaribu — 2023-09-13

Legal certainty in foreign investment in renewable energy is a priority factor and the most relevant for investment. Considering this, the Job Creation Law was born to overcome the problem of overlap and over-regulation. Through a normative juridical approach that is descriptive in analysis, research has produced that the policy of foreign investment in the field of renewable energy after the Job Creation Law has undergone significant changes in terms of foreign investor requirements, types of business fields that are closed for investment, investor facilities, and simplification of investment provisions, as a strategy to facilitate the entry of foreign investment in order to improve the investment ecosystem in Indonesia.

Keadilan Distributif Atas Pembagian Harta Bersama yang Digunakan Sebagai Sompa Perkawinan Bugis Secara Sepihak

Lisha Trie Caesarani — 2023-09-13

Joint assets are in the continuity of marriage until the marriage ends due to divorce, death, or because of a court decision, as well as the end of the marriage as regulated in Article 38 of the Marriage Law. Joint assets give the impact that ownership is jointly owned by husband and wife. The purpose of this study is to analyze the application of the theory of distributive justice to the division of joint property that is used as sompa unilaterally in Decision Number 276/Pdt/2020/PT Mks. Through legal research with normative juridical research methods, the following research is produced. In terms of the theory of distributive justice, the distribution of joint assets used as dowry sompa unilaterally with a portion of ½ for men and ½ for women do not fully contain the value of justice, because in this distribution it is necessary to consider the size of the business of the parties in the acquisition of the assets so that the parties get rights based on what they earn.

Penyalahgunaan Keadaan Pada Asas Itikad Baik dalam Perjanjian Kerja Sama Bagi Hasil

Muhammad Adhi Utomo — 2023-09-13

One of the cooperative systems in business that is commonly practiced is the profit-sharing cooperation system. In cooperation, it is common for two or more parties to enter into an agreement. One of the legal principles of the agreement is the principle of good faith as stated in Article 1338 paragraph (3) of the Civil Code which emphasizes the necessity for the parties to carry out the agreement in good faith. Through normative legal research with qualitative analysis techniques, a study is produced that the abuse of circumstances is one of the causes of the production sharing agreement being canceled. Misuse of conditions in a profit-sharing cooperation agreement is an act motivated by an imbalance between the parties to the agreement, with an indication that a strong party takes advantage of the position of a weak party.

Penerapan Asas Terang dan Tunai dalam Jual Beli Hak Atas Tanah yang Hendak Dibatalkan Sepihak

Stella Defany Muslim — 2023-09-13

Agrarian Law or National Land Law in Indonesia adheres to Customary Law. One of them is the principle of cash and carry in the sale and purchase of land rights. People who have problems in the sale and purchase of land rights often want to cancel unilaterally without knowing about the application of the principle of cash and carry in the sale and purchase of land rights. This research method uses a form of normative legal research using a statutory approach with legal material collection techniques using literature studies and secondary data. The results of this study indicate that the carry principle of buying and selling land rights in Indonesia cannot be canceled unilaterally if it has fulfilled the cash and carry principles adopted by national land law from customary law in Indonesia.

Analisa Perlindungan Hukum Terhadap Konsumen Pemalsuan Merek Produk Gula di Daerah Banyumas

Ismiyati Riri Puji Lestari — 2023-09-13

The growth of the goods and services industry provides positive impacts and alternative choices for consumers, but counterfeit products can threaten the health and cause long-term losses. This is due to the existence of business actors who seek profits by using shortcuts that aim to profit from the products they sell, trying to gain profits by unethical means, such as selling counterfeit products. This research aims to protect consumers from counterfeit products and examine legal efforts to make business actors responsible for losses. The results of the research using normative research methods show that business actors must be responsible for harming consumers, legal sanctions for fraudulent actors include imprisonment of up to 5 years or a fine of up to Rp 2 billion.

Pemahaman Auditor dalam Audit Konstruksi Jalan: Analisis Hukum Normatif

Baren Sipayung — 2023-09-13

This research discusses the auditor's responsibility in understanding the examination criteria and assessment standards, especially in construction audits, as well as the importance of complying with the guidelines set by the Ministry of Public Works and Public Housing (PUPR) regarding road construction audits. The normative legal research reveals that the PUPR Ministry has issued Circular Letter Number: 02/SE/Db/2018 on the 2018 Bina Marga General Specifications for Road and Bridge Works, which was later revised with Circular Letter Number: 16.1/SE/Db/2019 in October 2020. Government contractors must comply with the rules issued by the government as a condition for the validity of the agreement, even though it is not in the form of legislation. In construction inspection by the Supreme Audit Agency (BPK), the main concern is on quantity testing of thickness, length, and width. Good communication with suppliers, supervisory consultants, and the government is very important in the measurement and payment methods of construction work to avoid overpayments that can harm the state or region due to volume deficiencies in physical inspection. The results of this study provide a foundation for auditors and the government to understand the importance of complying with applicable guidelines and rules in road construction audits.

Keberatan Pidana Perihal Kepemilikan Narkotika

Muhammad Djaelani — 2023-09-13

This research aims to provide a prescription regarding criminal objections regarding possession of narcotics. This research is normative research with a statutory approach and a case approach. Legal materials are laws, court decisions, and other official legal publications. The results of this research answer that legal advisors need efforts to build legal arguments based on 2 (two) things, namely existing facts and the application of the law. First, the existing facts attached to Rusdiadi must be tested again. Second, in the application of the law, there is a discrepancy in the application of Article 185 of the Criminal Procedure Code, the absence of Article 127 of the Narcotics Law, and a discrepancy in the application of Article 55 of the Criminal Code. Finally, reconstruction before taking legal action is very necessary for the defendant to examine the facts and the application of the law.

Pertanggungjawaban Pelaku Tindak Pidana Penggelapan Uang Angsuran Leasing (Studi Putusan Nomor 67/Pid.B/2021/Pn.Met)

Almaida Pubiana Mustika — 2023-09-13

The crime of embezzlement, which is regulated in Article 372 of the Criminal Code, is a criminal offense that spans various sectors and is committed by various groups of society. Both low and high levels of society have the potential to commit this crime. One of the important issues is how to deal with the responsibility of the perpetrators of embezzlement of leasing installments. This research using the normative legal research method analyzes Decision Number 67/Pid.B/2021/PN.Met and explored the basis for the judge's consideration in reaching a verdict in the case of embezzlement of leasing installment money. The results showed that in Decision Number 67/Pid.B/2021/PN.Met, the perpetrator of the crime of embezzlement of leasing installment money was proven guilty and violated Article 372 of the Criminal Code. As a result, the perpetrator was sentenced to imprisonment for 1 year and 7 months. The judge's reasoning in this decision involved several factors, including the evidence presented, witness testimony, the testimony of the defendant, the indictment and charges of the public prosecutor, as well as the elements contained in the prosecutor's charges. In addition, the judge's consideration also included aggravating and mitigating aspects of the defendant's actions. The decision provides guidance on how the various elements of evidence and testimony can form the basis of the judge's reasoning in deciding this type of case. In addition, this research underscores the importance of a comprehensive understanding of criminal law and applicable legal principles to ensure fairness in handling similar cases in the future.