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”.
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 pendekatan penelitian yang dilakukan secara yuridis normatif dengan mengkaji data sekunder berupa perundang-undangan dan literatur, didukung oleh data primer melalui observasi dan interview kepada pihak-pihak terkait. Penelitian ini sejalan dengan Renstra Universitas Pasundan dengan visi dan misi antara lain mengembangkan budaya, termasuk di dalamnya mengandung nilai-nilai budaya gotong royong, kebersamaan, dan kekeluargaan. Luaran yang ditargetkan terdiri dari luaran wajib berupa konsep asas kebersamaan dan kekeluargaan, sedangkan luaran tambahan berupa jurnal dan buku ajar.
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.
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 is very large, having an impact on efficiency and effectiveness in meeting the economic needs of the community. Based on this, it is necessary to conduct a legal study of the actualization of the people's economy based on mutualism and the principle of kinship as an economic recovery post-covid-19. The purpose of the research is to examine the legal basis for the People's Economy on community economic activities based on the post-covid-19 digital economy. The research method uses secondary data, in the form of legal documents on laws and regulations in the economic field, various research results from legal and economic experts and field data in the form of interviews and observations. The data were analyzed qualitatively juridically, through legal interpretation, harmonization and synchronization of laws. The results of the study show that, the concept of a populist economy is actualized in community economic transactions based on post-covid-19 digital economic technology; Mutualism and familial values can be used as a legal basis in the paradigm of constitutional national economic development.
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.
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