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All Journal Jurnal Ilmiah Penegakan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Law, Poliitic and Humanities
Malie, Adi Muliawansyah
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Bagi Para Nasabah Asuransi Pasca Terbentuknya Lembaga Penjamin Polis (LPP) Malie, Adi Muliawansyah; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.11068

Abstract

This research aims to determine the legal certainty of the role of insurance supervisory institutions and the form of legal protection for insurance customers after the formation of the Policy Guarantee Institution (LPP). This has become urgent, considering that recently there have been many cases of failure to pay insurance claims to customers. This research method is normative, with an approach to statutory regulations and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The method for collecting legal materials is carried out through literature study with the analysis method using analytical descriptive and systematic interpretation. The research results found that legal certainty regarding the role of insurance supervisory institutions is inherent in the Financial Services Authority (OJK) with its juridical basis being Law Number 21 of 2011 concerning the Financial Services Authority and Law Number 40 of 2014 concerning Insurance. OJK plays a role in risk mitigation and legal protection. The form of legal protection is preventive (prevention) and repressive (control). The policy guarantor is the authority of the Deposit Insurance Corporation (LPS). However, it is known that the minimum and maximum nominal limits of the policy guarantee that will be guaranteed are not regulated, thus indicating that legal certainty as well as legal protection for insurance customers has not been realized as it should be.
Ratio Decidendi of Supreme Court Decision No. 23 P/HUM/2024 on Judicial Review of Age Requirements for Candidates for Governor Yensi Prasilia; Rustan, Ahmad; Nashriani Jufri, Nur; Malie, Adi Muliawansyah
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1220

Abstract

Regional elections are a means of exercising popular sovereignty that allows citizens to directly elect leaders at the regional level while providing legitimacy to democratically elected governments. In their journey, political elites often use various methods to become contestants or to prevent their political opponents from competing by changing various legal rules that are considered ‘obstructing’ their political goals through judicial review (JR) at the Supreme Court against regulations under the law. This study aims to analyse the ratio decidendi of Supreme Court Decision No. 23 P/HUM/2024 which changes the age requirement for nominating regional head candidates from the age when they are determined as candidates by the KPU to the inauguration requirement. This research is a type of legal research using 2 (two) types of legal approaches, namely statute approach and conceptual approach. The results showed that the ratio decidendi in the case considered the importance of providing opportunities for the younger generation to participate in the political process and the human rights aspect that age restrictions can be considered a violation of individual political rights.This consideration is a real mistake considering that the position of the judge in deciding JR cases at the Supreme Court acts as a Negative Legislator who is limited to making an assessment of whether the regulation that is the object of the test is contrary to the law as the touchstone?Textually, the KPU regulation that is the object of the test is still in line with the Law so that the petition should be rejected.
LEGAL STRATEGY FOR EMPOWERING CUSTOMARY INSTITUTIONS THROUGH CUSTOMARY LAND REGISTRATION Tira, Andi; Zulkifli; Juliati; Malie, Adi Muliawansyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5825

Abstract

Customary institutions have an important position for indigenous peoples both as cultural symbols and as a means of controlling the lives of indigenous peoples so it is important to be legally protected. Customary institutions need legal certainty through normative recognition from the government. The purpose of this research is first, to analyze the existence of indigenous peoples through three indicators: (1) there is a customary law community (2) there is an area or customary land (3) there is a customary legal order. Second, to analyze the registration of customary land rights as a legal strategy to empower customary institutions. The type of research used is qualitative with a normative-empirical approach. The normative approach uses the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities. While the empirical approach is through a survey of the existence of indigenous peoples. There are two types of data used, namely primary data obtained through interviews and secondary data obtained through the review of laws and regulations, journals and legal literature. The results showed that first, the existence of Patongloan customary law communities fulfills the indicators: (1) There is a group of people who have an attachment to hereditary traditions adhered to as guidelines for daily life including in dispute resolution, (2). There is a customary area occupied by the community to fulfill the needs of life together, called customary land. (3), There is a customary legal order inherited by the Patongloan community. Second, the strategic step to empower Patongloan customary institutions is through the registration of customary land rights at the Enrekang Regency Land Office. This study recommends that Patongloan customary institutions register their customary land in the form of management rights and/or as joint property rights.
Co-Authors Ahmad Rustan Andi Tira, Andi Bambang Sugeng Ariadi Subagyono Juliati Nashriani Jufri, Nur Yensi Prasilia Zahry Vandawati Chumaida Zulkifli