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All Journal JURNAL ILMIAH LIVING LAW Journal of International Conference Proceedings
Achmad Jaka Santos Adiwijaya
Djuanda University
Humanities Decision Sciences, Operations Research & Management Electrical & Electronics Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Journal : JURNAL ILMIAH LIVING LAW

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MENYONGSONG PEMBERLAKUAN KEWAJIBAN SERTIFIKASI HALAL DI INDONESIA Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (824.127 KB) | DOI: 10.30997/jill.v11i1.1641

Abstract

In line with the objectives of Indonesia's national developmeent as setforth in the fourth paragraph of the Preamble of the Constitution 1945 which is one of them to achieve the creation of a just and prosperous society based on economic democracy, there has been established an economic system that is developed based on the values of justice, togetherness, equality and benefit in accordance with sharia principles. In this case, among others, the state is obliged to provide protection and guarantees about the halal products used and consumed by the public. Therefore, in 2014, Law Number 33 Year 2014 concerning Halal Product Certification was stipulated. However, this Law has not been fully operated yet although it is enforced for almost 5 years. Two main issues that will be discussed in this short paper are about Indonesia Legal system readiness to integrate sharia (economic) laws within Indonesia Legal System and discussing about how is the Good Legislation Governance practices in the Law making process pertaining Halal Product Certification.
ASAS ITIKAD BAIK DALAM KONTRAK KERJASAMA KEGIATAN PERTAMBANGAN DI INDONESIA Teresia Dweyana Resa; Achmad jaka Santos Adiwijaya; Ujang Bahar
JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v12i2.2625

Abstract

Every human being has a variety of interests both individuals and the interests of the group, of course, to fulfill these interests is required of other human relationships or deeds. One manifestation of human relations is carried out through a conshelf or agreement, in particular cooperation agreements. This research aims to determine the application of the principles of goodwill in the contract of cooperation in mining activities in Indonesia, how the termination of unilateral agreements and how the agreement related to the cooperation with the law Mining in Indonesia.This research uses empirical approach methods. This empirical approach is used in the hopes of being able to obtain a clear and intact picture of the background and the intricacies of the implementation of contractual agreements and also to know the constraints faced in the implementation of the agreement The. Data collection techniques and Data collection tools using observational techniques that are data collection techniques by viewing or observing directly on the research object. Documentation technique is a technique of collecting data obtained from documents that are in the form of archives or other manuscripts obtained from institutions related to research. The research object is the parties who do the cooperation agreement on mining activities in Indonesia (case study of Supreme Court decision No. 2478 K/PDT/2014)
TINJAUAN YURIDIS TERHADAP PENEGAKAN HUKUM BAGI PENGENDARA KENDARAAN BERMOTOR YANG TIDAK MEMBAYAR PAJAK Yudi Rusyadi; Ujang Bahar; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v12i2.3276

Abstract

Increasing the ownership of motorized motorists will also increase the number of taxpayers who must pay taxes. But not a few taxpayers who later neglect the payment of the tax. This study aims to determine and analyze law enforcement and the effectiveness of fines sanctions for motorized motorists who do not pay taxes based on Law Number 22 the Year 2009 concerning Traffic and Road Transportation. The research method used in this study is normative juridical research. Law enforcement of motorized motorists who do not pay taxes based on Law Number 22 the Year 2009 concerning Road Traffic and Transport, sanctions imposed on taxpayers, first warning efforts are made in the form of notification of Motor Vehicle Tax (PKB) and late notice PKB payment. Then if the taxpayer has not appropriately responded, administrative sanctions will be in the form of fines and interest. The implementation of administrative sanctions in the form is considered less effective.
MODEL PENGELOLAAN PENDAYAGUNAAN SUMBER DAYA AIR PADA USAHA AIR MINUM DALAM KEMASAN (AMDK) DI INDONESIA Ajeng Famela; Achmad jaka Santos Adiwijaya; Agus Surachman
JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v12i2.3278

Abstract

Liquid water is a physiological physiologic where humans need air to retain their lives, the existence of article 33 Constitution 1945 as a corridor of air resource management, where the utilization of permissible is done constitutionally and aims to the maximum for prosperity of people. The method of approach used in this study is normative juridical, which is the law conceptualized as norm, rule, principle or dogma. Data collection techniques used through literature research methods and Interviews as well as using qualitative analysis. ased on the research conducted by the authors that the management of water resources utilization pursuant to article 33 of the Constitution of 1945 is the existence of state rights over water that can be said to exist when the state, which by the constitution 1945 is mandated to create a policy (beleid), still in control in carrying out the management action (bestuurdaad), the action of the arrangement (regelendaad), management actions (beheersdaad) and supervision measures  (toezichthoudensdaad) as the development of the model of water resource utilization management on the business of bottled drinking water Government can develop models from licensing, the addition of administrative sanki, expansion of bottled water production, and initiating private cooperation with the government through the form of BOT agreements
OPTIMALISASI ASAS KEMANFAATAN HASIL LELANG EKSEKUSI DALAM PERSPEKTIF HUKUM INVESTASI Rusmin Wijaya; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v13i1.4203

Abstract

The auction activity is the sale of goods open to the public with a written and / or verbal price quote that is increasing or decreasing to reach the highest price, which is preceded by an auction announcement. Auction activities can grow the country's economy, this activity can be optimized through investment. The research method used in this research is normative juridical, and the data are analyzed qualitatively using SWOT analysis. The results of this research there are opportunities and challenges where the Mortgage Certificate has an executorial power, the Regulation supports Investors / Buyers to Invest by buying auction assets, the online auction system aims to enable KPKNL to respond quickly, cheaply, efficiently every request of potential buyers / Investors without have to go through a long bureaucracy, buyers in good faith get legal protection. As for obstacles or challenges in optimizing auction results through investment, namely the presence of auction blockage before the auction, interference or intervention from third parties, and the existence of legal remedies in the form of lawsuits, resistance, rebuttal submitted by the Respondent / debtor at the Court for reasons that are too low or Police Report. With regard to investor legal certainty, namely obtaining legal certainty and legal protection for the purchase of auction assets at the KPKNL in accordance with the provisions stipulated in article 14 of Law Number 25 of 2007 concerning Investment.Keywords : Utility Principle; Auction; Invesment Law.
EKSEKUSI PUTUSAN HAKIM TERHADAP OBJEK HAK TANGGUNGAN YANG TELAH DILAKUKAN CESSIE Thorico Monada; Achmad Jaka Santos Adiwijaya; Ujang Bahar
JURNAL ILMIAH LIVING LAW Vol. 13 No. 2 (2021): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this research is to: 1) Know how the execution of the mortgage right that has been carried out by cessie which in the process is filed a rebuttal in the district court by the parties, 2) Knowing how to resolve the execution case No. 15 / Pdt / Eks.Akte / 2003 / PN.Bgr in relation to rebuttal No. 59 / Pdt.Bth / 2005 / PN.Bgr. This research method is a normative juridical approach. The normative juridical research stage uses literature study. The results of this research are: 1) The execution of the auction conducted by the Bogor District Court is canceled by the Office of the State Wealth and Auction Service (KPKNL) because the cessie transfer process is not registered at the National Land Agency Office (BPN). 2) An Execution Petitioner must withdraw his application for execution and register a cessie at the Land Office and submit a re-application.
KEPASTIAN HUKUM SERTIFIKASI HALAL PADA OBAT-OBATAN DIKAITKAN DENGAN JAMINAN PRODUK HALAL Deni Hudaefi; Martin Roestamy; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 13 No. 2 (2021): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia is a country with the largest Muslim population in the world. In Islam, it is forbidden to consume any haram food. The state is currently obliged to provide protection and guarantee the halalness of products consumed by the public.The purpose of this study is to analyze the urgency of implementing Halal Drug Certification and to find out the Legal Certainty of Halal Certification related to Halal Product Guarantee.The approach method used in this research is normative juridical, where the law is conceptualized as a norm, rule, principle or dogma. The data collection techniques in this research are through the literature study, interviews and the using of qualitative analysis.Based on the results of the research, the halal certification implementation of drugs in Indonesia is urgently needed. The 90% of raw materials of it are imported from non-Muslim countries, so the drugs that circulate in Indonesia must be certified halal supported by the Halal Inspection Agency. However, the administrative penalty applied towards the violators of Halal Product Guarantee need to be switched to the criminal law or the public law analized from the point of view of the community concern.
ANALISIS YURIDIS KONFLIK KOMPETENSI PENYELESAIAN SENGKETA PEMBERHENTIAN DIREKSI MELALUI PENGADILAN NEGERI DALAM PERSPEKTIF KEPASTIAN HUKUM Anna Khoirunisya; Efridani Lubis; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i1.5304

Abstract

The aims of this study are: 1) To compare the results between district court decisions and industrial relations comparisons in disputes regarding the dismissal of company directors in the perspective of legal certainty, and 2) proposals issued for the settlement of the dispute. The method used in this research is a normative juridical approach or library research. The results of this study found that the dismissal of directors that occurred was purely a civil dispute whose authority was in the district court so that there was an error from the district court judge in applying the normative provisions of the limited liability company law and labor law related to the position of company directors. The Board of Directors is a company organ appointed by the GMS and is authorized and fully responsible for managing the company. The legal relationship between the board of directors and the shareholders is a fiduciary duties and the provision of a mandate (legal mandatory), not a working relationship between workers and employers. So the dispute on the dismissal of the company's directors is an ordinary civil dispute that must be resolved in the District Court
URGENSI REFORMASI UNDANG-UNDANG TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN SEBAGAI DAMPAK PENERAPAN KONSEP OMNIBUS LAW DI INDONESIA Achmad Jaka Santos Adiwijaya; Danu Suryani; Kukuh Komandoko; Muhammad Vijay
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6299

Abstract

The purpose of this study is to identify and analyze the need for regulatory reform regarding the formation of laws and regulations to organize legislation in Indonesia and what effect the Omnibus Law method has in the formation of laws and regulations in Indonesia. The method used in this study is normative juridical, with data collection carried out by analyzing data obtained in laws and regulations, books, journals, research results, observation methods, and interview methods. This study concludes that Law Number 12 of 2011 concerning the Establishment of Legislation and its amendments has not accommodated the legislation drafting technique using the Omnibus Law method. The opportunities for further use of the Omnibus Law method are First, with the adoption of the Omnibus Law in the formation of legislation through Law Number 11 of 2020 concerning Job Creation, the government needs to follow up by reforming the Law on the Establishment of legislation. Second, the government needs to examine the implementation of the laws formed using the Omnibus Law method.
PERBANDINGAN SISTEM HUBUNGAN KERJA PKWTT DAN PKWT DALAM UPAYA PENINGKATAN KESEJAHTERAAN PEKERJA Rudi Avianto; Endeh Suhartini; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6361

Abstract

The Employment Relations System occurs by a work agreement between Workers and Employers. This employment relationship is regulated in Law No. 13 of 2003 concerning Manpower in Chapter IX Articles 50-66, which known as Employment contract for an unlimited time (PKWTT) and the Employment Contract Limited Time (PKWT). The aim of this research are : 1) to know the policies of the PKWTT and PKWT employment relations systems for the companies. 2) to know the comparison of the PKWTT and PKWT employment relations systems for the companies which associated with the efforts to improve workers welfare. The research method used is sociological juridical research. From the research results, it is known that the PKWTT and PKWT employment relations system policies, the percentage of PKWTT workers is greater, which is around 60% (PKWTT) and 40% (PKWT), including the comparison of rights and welfare facilities is better for PKWTT workers. For this reason, government regulations regarding rights and welfare facilities are needed for PKWT workers, so that they can be aligned or balanced.
Co-Authors Agus Surachman Ajeng Famela Anna Khoirunisya Deni Hudaefi Efridani Lubis Endang Sumpena Endeh Suhartini Ilvan Prasetia Nugraha Kukuh Komandoko Luh Putu Ratna Sundari Muhammad Vijay Rarasati, Ayomi Dita Roestamy, Martin Rudi Avianto Rusmin Wijaya Suryani, Danu Taufiq Dwi Tamtomo Teresia Dweyana Resa Thorico Monada Ujang Bahar Yudi Rusyadi