Hammurabi Code: Journal of Law and Human Rights

The Politics of Flat Ownership Law on the Regulation of Flats Laws in Indonesia

Kiki Trianggono — 2023-08-10

The 5th precept states that social justice is for all Indonesian people and in Article 28 letter H paragraph (1) it is stated that everyone has the right to live in inner and outer prosperity, to live and get a good and healthy living environment and the right to obtain health services. After a life of inner and outer prosperity, followed by the right to reside, and then talk about the right to a good environment and health. Flats are a good residential choice, in addition to answering the backlog of housing needs, it is also the embodiment of the concept of a livable and affordable home in a healthy, safe, harmonious, and sustainable environment and creating an integrated settlement to build economic, social, and cultural resilience. Based on the above background, problems arise related to the benefits of the construction of flats built in Indonesia for the people of Indonesia. Is UU No. 20 of 2011 following the welfare of the people and how should the arrangement of flats result from the integration of Indonesian law. This study aims to analyze and determine the existence of the Flats Act has or has not been aligned with the welfare of the people of Indonesia. This study is doctrinal legal research that provides an assessment of the regulatory model of the flats act. The arrangement of flats in Indonesia is a form of responsibility of the government which aims to prosper the community in the form of habitable houses as mandated in Article 28 H paragraph (1) of the 1945 Constitution. However, in practice, there is still an overlap between the owners of apartment units and the developers of commercial flats or apartments. Thus, there needs to be a special explanation related to the ownership of flats, so that the owners of flats get legal certainty and legal protection

Application of Unidroit Hardsip Principles to Renegotiate International Contracts Due to COVID-19

Deddy Effendy — 2023-09-30

The Covid 19 pandemic is a tough challenge for human life, including in the implementation of international contracts. What is of concern is UNIDROIT's role in arranging international contracts during the COVID-19 pandemic and UNIDROIT's arduous principle in international contracts during the COVID-19 pandemic. This study uses normative juridical research with secondary legal data. UNIDROIT as a harmonization of international contract law plays an important role in providing legal certainty for the parties, so UNIDROIT is actively trying to provide a way out of the problems caused by the pandemic. The principle of hardship which forms the general foundation in international contracts is the best solution to survive this pandemic by renegotiating

The Application of Restorative Justice Approach by Law Enforcement in Resolving Criminal Cases within the Criminal Justice System

Wadi Sa’Bani — 2023-09-30

This study investigates the implementation of restorative justice within the police domain, specifically focusing on its potential to halt and conclude criminal case proceedings at both the investigative and prosecutorial stages. The application of restorative justice principles is limited to non-recidivist offenders and encompasses all categories of criminal offences, with the exception of those outlined in article 5 letters d, e, and f of Police Regulation Number 8 of 2021, which pertains to the handling of crimes based on restorative justice. The primary aim of this thesis is to examine and evaluate the application of a restorative justice approach by law enforcement agencies in resolving criminal cases, with a specific focus on the cessation of such cases. Additionally, this study seeks to investigate and analyse the extent to which a restorative justice approach employed by the police contributes to legal certainty. The present study uses a normative juridical approach that places emphasis on conducting library research. This study used various approaches, including the statutory approach, the conceptual approach, the case approach, and the philosophical approach, in conjunction with qualitative analysis of legal materials. The findings of the research indicate that the implementation of a restorative justice approach in the police's handling of criminal cases has been observed at both the investigation and investigative stages, in accordance with the guidelines outlined in Police Regulation Number 08 of 2021, which pertains to the handling of crimes based on restorative justice principles.