Elli Ruslina - Academia.edu (original) (raw)
Papers by Elli Ruslina
Seminar Nasional Pengabdian Kepada Masyarakat (PKM), Dec 24, 2018
Sociological jurisprudence journal, Aug 7, 2020
The process of bankruptcy general confiscation sometimes clashes with criminal confiscation proce... more The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators' authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators' authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require the court to prioritize the criminal confiscation. Once it is resolved, bankruptcy assets/estate are returned to the curator. This study recommends that there should be an effort to legally synchronize and harmonize Article 39 Point (2) of KUHAP (Indonesian Law of Criminal Procedure) with Article 31 Point (2) of Law No. 37 Year 2004 Concerning Bankruptcy and PKPU (Suspension of Payment/Debt Moratorium). One of the solutions offered in this study is by implementing E-Court, as is the case in Indonesia's Constitutional Court, especially in Commercial Court whose habitat is digital and that handles legal problems pertaining to creative economy.
Jurnal Konstitusi
Article 33 of the 1945 Constitution serves as the basis for Indonesian Economy. It contains the ... more Article 33 of the 1945 Constitution serves as the basis for Indonesian Economy. It contains the principle of togetherness and brotherhood. Therefore, in the development of Indonesian Economic Law, Article 33 of the 1945 Constitution is imperative in nature that it is asserted in the laws and regulations concerning the economy, “...it is the prosperity of the society that should be prioritized...not the welfare of individuals”.
Jurnal Hukum Sasana, 2020
Penelitian ini diawali adanya temuan dalam perundang-undangan bidang hukum ekonomi, bahwa asas k... more Penelitian ini diawali adanya temuan dalam perundang-undangan bidang hukum ekonomi, bahwa asas kebersamaan dan kekeluargaan yang tercantum dalam Pasal 33 Undang Undang Dasar 1945 belum direalisasikan secara substansial di dalam pasal-pasalnya, akan tetapi baru dituangkan di dalam konsideran saja. Di dalam substansi pasal bahkan mengarah ke asas kapitalistik/liberalistik yang lebih mengutamakan kepentingan individu atau kelompok. Tujuan penelitian model asas kebersamaan dan kekeluargaan dalam pembangunan hukum ekonomi Indonesia, adalah mencari dan menetapkan kembali nilai-nilai asas kebersamaan dan kekeluargaan yang terkandung di dalam Pasal 33 Undang Undang dasar 1945 sebagaimana ditetapkan oleh para pounding father bangsa, sebagai amanat konstitusi. Selain itu tujuannya adalah agar dapat dipahami oleh pihak- pihak terkait bahwa asas kebersamaan dan kekeluargaan ini penting karena mengandung konsep atau prinsip lebih mengutamakan kepentingan orang banyak (daulat-rakyat). Metode pe...
Law and Humanities Quarterly Reviews
The people's economy is one of the principle instruments of Indonesian economic democracy. To... more The people's economy is one of the principle instruments of Indonesian economic democracy. To overcome economic conditions during the Covid-19 pandemic, people are motivated to overcome problems to meet their needs for life independently. Communities and digital-based small and medium enterprises have unwittingly formed a mutually beneficial relationship between business transactions. The concept of populist economy is re-actualized in their economic activities. This study aims to examine the reconstruction of the populist economic model as the development of small and medium-sized businesses based on digital transformation in a post-covid-19 pandemic. This research is a literature study with descriptive-analytic research specifications. The results of the study show that the concept of a populist economy and digital transformation in small businesses is a model for strengthening the populist economy during the COVID-19 pandemic, but it has not yet been measured regarding the su...
Law and Humanities Quarterly Reviews
Even though the Covid-19 outbreak caused anxiety, it must be interpreted as having brought positi... more Even though the Covid-19 outbreak caused anxiety, it must be interpreted as having brought positive things to economic life. One of them is the emergence of Micro, Small and Medium Enterprises (UKKM) whose business activities are facilitated by information technology. The business relationships that have been built are characterized by family values, mutual cooperation values, and efforts to deal with the epidemic period, as well as being forward-looking after the outbreak ends. This social phenomenon is to actualize the people's economy in digital economic transactions. This study assumes a people's economy paradigm based on mutualism and the principle of kinship in digital economic transactions. The paradigm of economic development based on the values of local wisdom and Indonesianness is a new hope for the people's economy in realizing the constitutional mandate that prioritizes the interests of the people. The role of technology in the economy during the Covid-19 era...
The State of Indonesia is a country that has abundant natural wealth, among which are related t... more The State of Indonesia is a country that has abundant natural wealth, among which are related to the traditional culture of Indonesia society. Traditional culture among others in the popular traditional food that is the result of creations and characteristics of traditional societies in Indonesia. Traditional food can be used as a means of business to improve the economy of the Region, namely by providing protection against Intellectual Property Rights. Intellectual Property Rights which are divided into 7 regimes, Patents, Trademark Rights, Copyright, Trade Secret, Industria Design, Layout Design of Integrated Circuit and Plant Variet. One regime about the only 3 articles. The three articles are Article 63, Article 64, and Article 65 of Law no. 20 of 2016, on Trademark and Geographical Indication as well as Government Regulation no. 50 Year 2007 on Geographical Indications. Both regulations can be used as a model to provide protection to business actors who produce traditional fo...
Sociological Jurisprudence Journal, 2020
The process of bankruptcy general confiscation sometimes clashes with criminal confiscation proce... more The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators’ authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators’ authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require th...
Buku ini menjelaskan bahwa Dasar Perekonomian Indonesia sebagaimana tercantum dalam Pasal 33 Unda... more Buku ini menjelaskan bahwa Dasar Perekonomian Indonesia sebagaimana tercantum dalam Pasal 33 Undang-Undang Dasar Negara Tahun 1945 yang merupakan mandat konstitusi dalam implementasinya telah disimpangi. Penyimpangan terhadap mandat konstitusi dibuktikan dengan 20 (dua puluh) peraturan perundang-undangan di bidang ekonomi makin kapitalistik menjauh dari paham kebersamaan dan asas kekeluargaan dan lebih mencerminkan asas individualisme dan liberalisme sebagai dasar dari sistem ekonomi pasar bebas.
E-commerce in the internet is growing rapidly, ranging from e-banking, pay pal, to virtual curren... more E-commerce in the internet is growing rapidly, ranging from e-banking, pay pal, to virtual currencies, like Bitcoin. Bitcoin transactions are considered very profitable; therefore, it can be considered as a transaction method. However, in some countries, bitcoin has not gained legality, and it triggers Bitcoin users to get legal protection in transactions. Similarly, in Indonesia, any transactions using bitcoin are increasing well, but there has not been any legality. Even from the officials of Bank Indonesia prohibits the use of Bitcoin with the consideration that it is not a legal currency or payment instrument in Indonesia. The issues that arise are identified as follows; what legal aspects can be used as the basis for bitcoin users in e-commerce transactions and what is the role of the state in providing legal protection for bitcoin users. The method used is normative juridical which means testing the existing legislation associated with the discussion of legal protection of Bit...
Proceedings of the International Conference on Law Reform (INCLAR 2019), 2020
One The imperative of economic democracy mandated by the constitution through Article 33 of the 1... more One The imperative of economic democracy mandated by the constitution through Article 33 of the 1945 Constitution, the reality is not a legal foundations appreciation to economic activities, but even shifts to a free-market economy (laissez-faire). This is confirmed in the constitution "permanent position" of Article 33 of the 1945 Constitution the which relies on the notion of "mutualim and brotherhood" and Article II of the Transitional Rules of the 1945 Constitution roomates are temporary. The retention of the individual principle is a legal reason and at the same time a legal source that is Easily dictated by economic forces, from outside based on individual principles. The aim of this paper is 1) to analyze how the understanding of cooperative principles (cooperation based on mutualism) is manifested as the legal basis on the thought of economic democracy, 2) To analyze how the implementation of Article 33 of the 1945 Constitution into Indonesian economic law tends to lead to free competition. The approach used is normative and descriptive analysis Juridical type. The Conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamentals for economic democracy. The Conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamentals for economic democracy. The Conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamentals for economic democracy.
Seminar Nasional Pengabdian Kepada Masyarakat (PKM), Dec 24, 2018
Sociological jurisprudence journal, Aug 7, 2020
The process of bankruptcy general confiscation sometimes clashes with criminal confiscation proce... more The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators' authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators' authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require the court to prioritize the criminal confiscation. Once it is resolved, bankruptcy assets/estate are returned to the curator. This study recommends that there should be an effort to legally synchronize and harmonize Article 39 Point (2) of KUHAP (Indonesian Law of Criminal Procedure) with Article 31 Point (2) of Law No. 37 Year 2004 Concerning Bankruptcy and PKPU (Suspension of Payment/Debt Moratorium). One of the solutions offered in this study is by implementing E-Court, as is the case in Indonesia's Constitutional Court, especially in Commercial Court whose habitat is digital and that handles legal problems pertaining to creative economy.
Jurnal Konstitusi
Article 33 of the 1945 Constitution serves as the basis for Indonesian Economy. It contains the ... more Article 33 of the 1945 Constitution serves as the basis for Indonesian Economy. It contains the principle of togetherness and brotherhood. Therefore, in the development of Indonesian Economic Law, Article 33 of the 1945 Constitution is imperative in nature that it is asserted in the laws and regulations concerning the economy, “...it is the prosperity of the society that should be prioritized...not the welfare of individuals”.
Jurnal Hukum Sasana, 2020
Penelitian ini diawali adanya temuan dalam perundang-undangan bidang hukum ekonomi, bahwa asas k... more Penelitian ini diawali adanya temuan dalam perundang-undangan bidang hukum ekonomi, bahwa asas kebersamaan dan kekeluargaan yang tercantum dalam Pasal 33 Undang Undang Dasar 1945 belum direalisasikan secara substansial di dalam pasal-pasalnya, akan tetapi baru dituangkan di dalam konsideran saja. Di dalam substansi pasal bahkan mengarah ke asas kapitalistik/liberalistik yang lebih mengutamakan kepentingan individu atau kelompok. Tujuan penelitian model asas kebersamaan dan kekeluargaan dalam pembangunan hukum ekonomi Indonesia, adalah mencari dan menetapkan kembali nilai-nilai asas kebersamaan dan kekeluargaan yang terkandung di dalam Pasal 33 Undang Undang dasar 1945 sebagaimana ditetapkan oleh para pounding father bangsa, sebagai amanat konstitusi. Selain itu tujuannya adalah agar dapat dipahami oleh pihak- pihak terkait bahwa asas kebersamaan dan kekeluargaan ini penting karena mengandung konsep atau prinsip lebih mengutamakan kepentingan orang banyak (daulat-rakyat). Metode pe...
Law and Humanities Quarterly Reviews
The people's economy is one of the principle instruments of Indonesian economic democracy. To... more The people's economy is one of the principle instruments of Indonesian economic democracy. To overcome economic conditions during the Covid-19 pandemic, people are motivated to overcome problems to meet their needs for life independently. Communities and digital-based small and medium enterprises have unwittingly formed a mutually beneficial relationship between business transactions. The concept of populist economy is re-actualized in their economic activities. This study aims to examine the reconstruction of the populist economic model as the development of small and medium-sized businesses based on digital transformation in a post-covid-19 pandemic. This research is a literature study with descriptive-analytic research specifications. The results of the study show that the concept of a populist economy and digital transformation in small businesses is a model for strengthening the populist economy during the COVID-19 pandemic, but it has not yet been measured regarding the su...
Law and Humanities Quarterly Reviews
Even though the Covid-19 outbreak caused anxiety, it must be interpreted as having brought positi... more Even though the Covid-19 outbreak caused anxiety, it must be interpreted as having brought positive things to economic life. One of them is the emergence of Micro, Small and Medium Enterprises (UKKM) whose business activities are facilitated by information technology. The business relationships that have been built are characterized by family values, mutual cooperation values, and efforts to deal with the epidemic period, as well as being forward-looking after the outbreak ends. This social phenomenon is to actualize the people's economy in digital economic transactions. This study assumes a people's economy paradigm based on mutualism and the principle of kinship in digital economic transactions. The paradigm of economic development based on the values of local wisdom and Indonesianness is a new hope for the people's economy in realizing the constitutional mandate that prioritizes the interests of the people. The role of technology in the economy during the Covid-19 era...
The State of Indonesia is a country that has abundant natural wealth, among which are related t... more The State of Indonesia is a country that has abundant natural wealth, among which are related to the traditional culture of Indonesia society. Traditional culture among others in the popular traditional food that is the result of creations and characteristics of traditional societies in Indonesia. Traditional food can be used as a means of business to improve the economy of the Region, namely by providing protection against Intellectual Property Rights. Intellectual Property Rights which are divided into 7 regimes, Patents, Trademark Rights, Copyright, Trade Secret, Industria Design, Layout Design of Integrated Circuit and Plant Variet. One regime about the only 3 articles. The three articles are Article 63, Article 64, and Article 65 of Law no. 20 of 2016, on Trademark and Geographical Indication as well as Government Regulation no. 50 Year 2007 on Geographical Indications. Both regulations can be used as a model to provide protection to business actors who produce traditional fo...
Sociological Jurisprudence Journal, 2020
The process of bankruptcy general confiscation sometimes clashes with criminal confiscation proce... more The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators’ authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators’ authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require th...
Buku ini menjelaskan bahwa Dasar Perekonomian Indonesia sebagaimana tercantum dalam Pasal 33 Unda... more Buku ini menjelaskan bahwa Dasar Perekonomian Indonesia sebagaimana tercantum dalam Pasal 33 Undang-Undang Dasar Negara Tahun 1945 yang merupakan mandat konstitusi dalam implementasinya telah disimpangi. Penyimpangan terhadap mandat konstitusi dibuktikan dengan 20 (dua puluh) peraturan perundang-undangan di bidang ekonomi makin kapitalistik menjauh dari paham kebersamaan dan asas kekeluargaan dan lebih mencerminkan asas individualisme dan liberalisme sebagai dasar dari sistem ekonomi pasar bebas.
E-commerce in the internet is growing rapidly, ranging from e-banking, pay pal, to virtual curren... more E-commerce in the internet is growing rapidly, ranging from e-banking, pay pal, to virtual currencies, like Bitcoin. Bitcoin transactions are considered very profitable; therefore, it can be considered as a transaction method. However, in some countries, bitcoin has not gained legality, and it triggers Bitcoin users to get legal protection in transactions. Similarly, in Indonesia, any transactions using bitcoin are increasing well, but there has not been any legality. Even from the officials of Bank Indonesia prohibits the use of Bitcoin with the consideration that it is not a legal currency or payment instrument in Indonesia. The issues that arise are identified as follows; what legal aspects can be used as the basis for bitcoin users in e-commerce transactions and what is the role of the state in providing legal protection for bitcoin users. The method used is normative juridical which means testing the existing legislation associated with the discussion of legal protection of Bit...
Proceedings of the International Conference on Law Reform (INCLAR 2019), 2020
One The imperative of economic democracy mandated by the constitution through Article 33 of the 1... more One The imperative of economic democracy mandated by the constitution through Article 33 of the 1945 Constitution, the reality is not a legal foundations appreciation to economic activities, but even shifts to a free-market economy (laissez-faire). This is confirmed in the constitution "permanent position" of Article 33 of the 1945 Constitution the which relies on the notion of "mutualim and brotherhood" and Article II of the Transitional Rules of the 1945 Constitution roomates are temporary. The retention of the individual principle is a legal reason and at the same time a legal source that is Easily dictated by economic forces, from outside based on individual principles. The aim of this paper is 1) to analyze how the understanding of cooperative principles (cooperation based on mutualism) is manifested as the legal basis on the thought of economic democracy, 2) To analyze how the implementation of Article 33 of the 1945 Constitution into Indonesian economic law tends to lead to free competition. The approach used is normative and descriptive analysis Juridical type. The Conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamentals for economic democracy. The Conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamentals for economic democracy. The Conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamentals for economic democracy.