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THE EFFECTIVENESS OF REGIONAL REGULATION NO. 4 OF 2012 ON PUBLIC SERVICE LEVIES IN THE FRAMEWORK ORDER CREATING TRAFFIC ON THE ROAD SURYAKENCANA CITY OF BOGOR yadi, Mul; Rudyantoro, Harry; Bahar, Ujang
DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i2.453

ABSTRACT Â Related to the implementation of the Regional Regulation (Perda) about the increase in parking rates at the edge of the road prone to congestion in the city of Bogor ratified and entered into force on July 2, 2012, The first location that imposed this tariff is the Way Suryakencana and Jalan Siliwangi Bogor and the second location is the application of The Government through the Department trials Traffic Transportation (DLLAJ) Bogor City gets a reaction from the people around Jalan Suryakencana. Enactment of the increase in parking rates at Jalan Bogor Suryakencana expected to reduce illegal parking of vehicles in the area, which has been causing congestion. With parking rates that have been enacted many road users who park their vehicles in multiple and indiscriminate. The method used in this study is empirical juridical approach. The study, based on an inventory of positive law, the discovery of the principles of law and legal discovery inconcretto, which include observation of empirical operationalization of law in society. The conclusion from this study is the basis of the application of the levy Parking Services Bank Public Road, especially in the city of Bogor is Law No. 28 of 2009 on Regional Taxes and Levies and Regional Regulation No. 4 of 2012. Implementation of Regional Regulation No. 4 of 2012 on Increase Rates Parking is not yet fully effective this is due to high payments also has not been matched with adequate services, the responsibility for the damage and loss still be a burden for the owner of the vehicle so that the functions and responsibilities of the government that deal with parking problems is questionable. Impact parking tariff policy to demand that any increase in the parking rate of 10 percent would result in a decrease in the use of parking of 0.7 -0.8 percent, increase use of public transport and cycling amounted to 3.71 percent of 0.9 percent. This figure is even greater in the short term, when applied can lead to a new increase in the elasticity to be about - 0.28., Where the parking lot reducing the length of parking time and reduce the amount of parking. Â Keywords: Regional Regulation, Rates Parking, Traffic Order

PERAN KOMISI YUDISIAL DALAM SISTEM KETATANEGARAAN INDONESIA Bahar, Ujang
DERECHTSSTAAT Vol 3, No 1 (2017): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i1.710

The Judicial Commission (JC) is a new independent state institution established as a product of the reform in the constitutional system and its existence is confirmed in the 1945 Constitution. The Judicial Commission was established following the idea of a one-roof system in the judicial authority. Among the roles and authority of the Judicial Commission are to propose appointment of the Supreme Court justices to the House of Representatives (DPR) and to supervise the conducts of justices/judges in order to maintain their respect, dignity and honor and good conduct.Â However, in the performance of its duties, the Judicial Commission is not yet as independent as it has been expected. It can be seen from its limited authority. In supervising the conduct of the judges/justices, the Commission is not authorized to impose any sanctions and in the process of selection of candidates for the Supreme Court justices, its authority is limited only at the ratio 3:1. Therefore, the existence of the Commission under the 1945 Constitution becomes unclear, since it is placed under the chapter of the judicial authority, but in reality it does not exercise its judicial authority and only functions as a supervisory agency like the State Audit Board (BPK) instead. Consequently, the Commission only serves as the supporting institution to the Supreme Court, President and the House of Representatives. In order that the Commission becomes truly independent as an institution which supervises the implementation of the judicial power sitting at an equal level with other state institutions, it is necessary to strengthen the institution by making amendments (to re-determine the position of the Judicial Commission) in the 1945 Constitution and other relevant laws and regulations.

EFEKTIVITAS PROGRAM PERWIRA BHABINKAMTIBMAS POLRES BOGOR KOTA DALAM PENANGANAN PERKARA MELALUI ALTERNATIF PENYELESAIAN SENGKETA Supriyoko, Didik; Bahar, Ujang; yadi, Mul
DERECHTSSTAAT Vol 2, No 2 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i2.669

The method used in this research is a normative juridical research with comparative law. This study will be a descriptive analysis will provide an overview of the Implementation Program of Bogor City Police Officer Bhabinkamtibmas by virtue Kapolri No.Pol: B / 3022 / XII / 2009Sdeops Date December 14, 2009 on the Handling of Cases Through the Alternative Dispute Resolution (ADR). The program is named after the latest Police Officer Bhabinkamtibmas. The program is a pilot project. This program will be applied in the future to another police station to an extent Polsek.Dengan the Bhabinkamtibmas officers who have members from a wide range of functions is expected to prevent the disruption of security and public order as well as to resolve conflicts early horizontal. The role and function Bhabinkamtibmas members in each region will be further optimized. Bhabinkamtibmas officer team will be down directly in the community to help solve the problems of citizens. Thus, each issue should not be resolved through legal channels, but through mediation and approach officials with the public. The formation of a team of officers Bhayangkara Trustees Public Order and Safety in the City Police Bogor, West Java, a pilot project, particularly for the police station in West Java. The team of eight people who have received training and certification from the National Mediation Centre. The team is a kind of ad hoc team, which is responsible to the Chief of Police and Officer Team members Bhabinkamtibmas of some police functions, not only the function of public guidance. The conclusion from this study is the Program Implementation in Bogor Police Officer Bhabinkamtibmas City and yet not maximum impact on increasing public perception of the police. In terms of implementation, it appears less optimal competence of officers in the police station and police station level. Instructive culture within the police adopted a policy of military norms Officer Program Bhabinkamtibmas seen by officers in the field more as a mere implementation of new tasks rather than the improvement of quality of service.

Strengthening the Roles of Judicial Commission Bahar, Ujang
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 5, No 2 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Padjadjaran University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (320.518 KB)

AbstractThis paper discusses the role of judicial commission (JC) in some states of the world based on their respective constitutions. Especially Indonesia, the role can be strengthened by amending the 1945 Constitution. JC is an independent institution that functions to strengthen a credible, efficient, and effective judiciary, which is trusted by the people. As a supporting institution focus JC differences in the world. There are focuses attention on technical policy, making and budgeting of the judiciary, while others emphasize to the problems career, recruitment, discipline, ethics and behavior of judges. Therefore, each country should increase the role of JC institution by taking and adding positive things in the implementation. In addition, since the foundation of JC is related closely to the performance of judges, it is time for each state to give full authority to the JC to conduct audit of judges decision (verdict), to supervise honor, nobility, ethics, and dignity of judges.AbstractTulisan ini membahas tentang peran Komisi Yudisial (KY)masing-masing negara di dunia sesuaiÂ yang tercantum dalam konstitusinya. Khusus untuk indonesia peran tersebut dapat diperkuat dengan mengamandemen UUD 1945. KY merupakan satu lembaga negara independen dengan tugas dan wewenang mendukung terwujudnya lembaga peradilan yang kredibel, efisien dan efektif dan dipercaya masyarakat. Sebagai lembaga penunjang terdapat perbedaan fokus perhatian KY di antara negara-negara di dunia. Ada yang menitik beratkan perhatian pada pembuatan kebijakan teknis dan penganggaran peradilan, sementara yang lain menitik beratkan kepada masalah karier, rekrutmen, disiplin, etikaÂ dan tingkah laku hakim. Oleh karena itu sudah seharusnya masing-masing negara meningkatkan peran lembaga KY nya dengan mengambil dan menambahkan hal positif pada praktik pada negara lain.Â Lain dari pada itu karena eksistensi KY sangat bersentuhan dengan kinerja hakim, maka sudah saatnya masing-masing negara memberikan kewenangan kepada KY untuk melakukan audit terhadap vonis (putusan hakim) dalam rangka melakukan pengawasan menjaga kehormatan, keluhuran, etika, dan martabat hakim.DOI: https://doi.org/10.22304/pjih.v5n2.a10

Strengthening the Roles of Judicial Commission Ujang Bahar
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 5, No 2 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (320.518 KB)

AbstractThis paper discusses the role of judicial commission (JC) in some states of the world based on their respective constitutions. Especially Indonesia, the role can be strengthened by amending the 1945 Constitution. JC is an independent institution that functions to strengthen a credible, efficient, and effective judiciary, which is trusted by the people. As a supporting institution focus JC differences in the world. There are focuses attention on technical policy, making and budgeting of the judiciary, while others emphasize to the problems career, recruitment, discipline, ethics and behavior of judges. Therefore, each country should increase the role of JC institution by taking and adding positive things in the implementation. In addition, since the foundation of JC is related closely to the performance of judges, it is time for each state to give full authority to the JC to conduct audit of judge's decision (verdict), to supervise honor, nobility, ethics, and dignity of judges.AbstractTulisan ini membahas tentang peran Komisi Yudisial (KY)masing-masing negara di dunia sesuai yang tercantum dalam konstitusinya. Khusus untuk indonesia peran tersebut dapat diperkuat dengan mengamandemen UUD 1945. KY merupakan satu lembaga negara independen dengan tugas dan wewenang mendukung terwujudnya lembaga peradilan yang kredibel, efisien dan efektif dan dipercaya masyarakat. Sebagai lembaga penunjang terdapat perbedaan fokus perhatian KY di antara negara-negara di dunia. Ada yang menitik beratkan perhatian pada pembuatan kebijakan teknis dan penganggaran peradilan, sementara yang lain menitik beratkan kepada masalah karier, rekrutmen, disiplin, etika dan tingkah laku hakim. Oleh karena itu sudah seharusnya masing-masing negara meningkatkan peran lembaga KY nya dengan mengambil dan menambahkan hal positif pada praktik pada negara lain. Lain dari pada itu karena eksistensi KY sangat bersentuhan dengan kinerja hakim, maka sudah saatnya masing-masing negara memberikan kewenangan kepada KY untuk melakukan audit terhadap vonis (putusan hakim) dalam rangka melakukan pengawasan menjaga kehormatan, keluhuran, etika, dan martabat hakim.DOI: https://doi.org/10.22304/pjih.v5n2.a10

THE EFFECTIVENESS OF REGIONAL REGULATION NO. 4 OF 2012 ON PUBLIC SERVICE LEVIES IN THE FRAMEWORK ORDER CREATING TRAFFIC ON THE ROAD SURYAKENCANA CITY OF BOGOR Mul yadi; Harry Rudyantoro; Ujang Bahar
JURNAL HUKUM DE'RECHTSSTAAT Vol. 1 No. 2 (2015): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

ABSTRACT Related to the implementation of the Regional Regulation (Perda) about the increase in parking rates at the edge of the road prone to congestion in the city of Bogor ratified and entered into force on July 2, 2012, The first location that imposed this tariff is the Way Suryakencana and Jalan Siliwangi Bogor and the second location is the application of The Government through the Department trials Traffic Transportation (DLLAJ) Bogor City gets a reaction from the people around Jalan Suryakencana. Enactment of the increase in parking rates at Jalan Bogor Suryakencana expected to reduce illegal parking of vehicles in the area, which has been causing congestion. With parking rates that have been enacted many road users who park their vehicles in multiple and indiscriminate. The method used in this study is empirical juridical approach. The study, based on an inventory of positive law, the discovery of the principles of law and legal discovery inconcretto, which include observation of empirical operationalization of law in society. The conclusion from this study is the basis of the application of the levy Parking Services Bank Public Road, especially in the city of Bogor is Law No. 28 of 2009 on Regional Taxes and Levies and Regional Regulation No. 4 of 2012. Implementation of Regional Regulation No. 4 of 2012 on Increase Rates Parking is not yet fully effective this is due to high payments also has not been matched with adequate services, the responsibility for the damage and loss still be a burden for the owner of the vehicle so that the functions and responsibilities of the government that deal with parking problems is questionable. Impact parking tariff policy to demand that any increase in the parking rate of 10 percent would result in a decrease in the use of parking of 0.7 -0.8 percent, increase use of public transport and cycling amounted to 3.71 percent of 0.9 percent. This figure is even greater in the short term, when applied can lead to a new increase in the elasticity to be about - 0.28., Where the parking lot reducing the length of parking time and reduce the amount of parking. Keywords: Regional Regulation, Rates Parking, Traffic Order

EFEKTIVITAS PROGRAM PERWIRA BHABINKAMTIBMAS POLRES BOGOR KOTA DALAM PENANGANAN PERKARA MELALUI ALTERNATIF PENYELESAIAN SENGKETA Didik Supriyoko; Ujang Bahar; Mul yadi
JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 2 (2016): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The method used in this research is a normative juridical research with comparative law. This study will be a descriptive analysis will provide an overview of the Implementation Program of Bogor City Police Officer Bhabinkamtibmas by virtue Kapolri No.Pol: B / 3022 / XII / 2009Sdeops Date December 14, 2009 on the Handling of Cases Through the Alternative Dispute Resolution (ADR). The program is named after the latest Police Officer Bhabinkamtibmas. The program is a pilot project. This program will be applied in the future to another police station to an extent Polsek.Dengan the Bhabinkamtibmas officers who have members from a wide range of functions is expected to prevent the disruption of security and public order as well as to resolve conflicts early horizontal. The role and function Bhabinkamtibmas members in each region will be further optimized. Bhabinkamtibmas officer team will be down directly in the community to help solve the problems of citizens. Thus, each issue should not be resolved through legal channels, but through mediation and approach officials with the public. The formation of a team of officers Bhayangkara Trustees Public Order and Safety in the City Police Bogor, West Java, a pilot project, particularly for the police station in West Java. The team of eight people who have received training and certification from the National Mediation Centre. The team is a kind of ad hoc team, which is responsible to the Chief of Police and Officer Team members Bhabinkamtibmas of some police functions, not only the function of public guidance. The conclusion from this study is the Program Implementation in Bogor Police Officer Bhabinkamtibmas City and yet not maximum impact on increasing public perception of the police. In terms of implementation, it appears less optimal competence of officers in the police station and police station level. Instructive culture within the police adopted a policy of military norms Officer Program Bhabinkamtibmas seen by officers in the field more as a mere 'implementation of new tasks' rather than the 'improvement of quality of service'.

PERAN KOMISI YUDISIAL DALAM SISTEM KETATANEGARAAN INDONESIA Ujang Bahar
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 1 (2017): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The Judicial Commission (JC) is a new independent state institution established as a product of the reform in the constitutional system and its existence is confirmed in the 1945 Constitution. The Judicial Commission was established following the idea of a one-roof system in the judicial authority. Among the roles and authority of the Judicial Commission are to propose appointment of the Supreme Court justices to the House of Representatives (DPR) and to supervise the conducts of justices/judges in order to maintain their respect, dignity and honor and good conduct. However, in the performance of its duties, the Judicial Commission is not yet as independent as it has been expected. It can be seen from its limited authority. In supervising the conduct of the judges/justices, the Commission is not authorized to impose any sanctions and in the process of selection of candidates for the Supreme Court justices, its authority is limited only at the ratio 3:1. Therefore, the existence of the Commission under the 1945 Constitution becomes unclear, since it is placed under the chapter of the judicial authority, but in reality it does not exercise its judicial authority and only functions as a supervisory agency like the State Audit Board (BPK) instead. Consequently, the Commission only serves as the supporting institution to the Supreme Court, President and the House of Representatives. In order that the Commission becomes truly independent as an institution which supervises the implementation of the judicial power sitting at an equal level with other state institutions, it is necessary to strengthen the institution by making amendments (to re-determine the position of the Judicial Commission) in the 1945 Constitution and other relevant laws and regulations.

ANALISIS HUKUM PENGELOLAAN HOTEL BERBASIS SYARIAH KHUSUSNYA ASPEK PERLINDUNGAN KONSUMEN DITINJAU DARI PERSPEKTIF HUKUM BISNIS Ahmad Taufik; Ujang Bahar
JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Syari'ah based hotel. Hotel Syari'ah is a concept of a combination of conventional hotel business by incorporating several principles (rules / values) of Islam in it. This concept is one thing that is fairly new, but is in great demand by people who are predominantly Muslim like Indonesia. The approach used in this study is a normative juridical method, namely an approach that uses the concept of positivist legislation which states that law is identical to written norms made and promulgated by authorized institutions or officials. The subjects in this study were the Application of Syari'ah Principles with data sources for hotel general managers, supervisors, and employees. Constraints found in the study include the negative perception of the hotel business that has been built up so far in the community such as that hotels are used for immorality, but after many Syari’ah-based hotels, the community began to shift its paradigm towards hotels, especially syari’ah-based hotels.

OPTIMALISASI PERLINDUNGAN HUKUM TENAGA KERJA DALAM ASPEK KESELAMATAN KERJA PADA PROYEK KONSTRUKSI DI WILAYAH BOGOR dani purwanto; Ujang Bahar; endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Lack of awareness of workers is one of the factors causing work accidents that have occurred. This cannot be done as it should, so there are still frequent work accidents involving construction project workers. In the Bogor region itself, the issue of work safety is also a special concern of the government in realizing development. The method used by the author in this study is a descriptive legal normative research method, the implementation of work safety protection for construction project workers in Bogor City is still not running optimally, this is due to the absence of an agreement between workers and employers. Because in general construction project workers only have a working relationship with third parties outside the construction company. So that the participation of the government is needed to resolve work safety issues for construction project workers. The legal consequence arising from the absence of a work agreement for construction project workers is that they do not receive work health and safety insurance, other than that the wages received do not correspond to what has been provided by the company, because there is a third party tasked with coordinating these workers, so construction project workers do not have legal protection as mandated by law.

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