Claim Missing Document
Check
Articles

Found 39 Documents
Search

REFORMULASI KEBIJAKAN PERTAMBANGAN ATAS KEWENANGAN DAERAH Yuwono Prianto; Rasji Rasji; Benny Djaja; Narumi Bungas Gazali
JURNAL LITIGASI (e-Journal) Vol 21 No 1 (2020)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (760.107 KB) | DOI: 10.23969/litigasi.v21i1.1789

Abstract

This study of natural resource management under the Article 33 of the 1945 Constitution is more motivated by economic justice where the management of natural resource always ignores the environmental aspects as such that the state fails to protect the community. The state should significantly increase the prosperity and welfare of the people. Environmental aspects become the last criteria in promulgating economic policies and production processes at macro and micro scale in the mining sector. The existence of PETI is generated by internal and external triggering factors. Community believes that mining commodities in the surrounding area can stimulate prosperity while the quality of human resources is generally low and financial capacity is limited. This eventually triggered the emergence of illegal people's mining practices. Technical requirements for granting IPR mentioned in the Article 48 Paragraph 2 letter b of Governmental Regulation No. 23, 2010 is difficult to meet by community miners. Under Article 9 Paragraph (3) jis Article 11 Paragraph (1), Article 13 Paragraph (3) letter (e) of Law No. 23, 2014 regarding Regional Government, energy and mineral resource issues is included in concurrent Administration affairs. Central Government, in passing its policy should consider local wisdom while paying attention to national interests. Keyword : Mining, People, Policy.
TUGAS WEWENANG SATGAS ANTI MAFIA BOLA DALAM PENGATURAN SKOR (MATCH FIXING) DALAM PERTANDINGAN SEPAK BOLA BERDASARKAN SISTEM HUKUM PIDANA DI INDONESIA Alexzander Rinaldy; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10838

Abstract

Today's football competition has changed, because it has begun to be infiltrated by organized criminals, especially in match manipulation and match fixing. The problems faced in writing this thesis are how the authority of the soccer antimafia task force in match fixing in soccer matches based on the criminal law system in Indonesia and how to resolve crimes related to scoring in soccer matches in Indonesia. The research method used is normative legal research and empirical legal research. The results showed that the task of the Antimafia Soccer Task Force in match fixing in soccer matches based on the criminal law system in Indonesia is to minimize the improper practice of football regulation, both at the national and regional levels, to supervise the competition of League 1, League 2, and League 3, coordinating with related parties such as PSSI, Kemenpora, and Club Management, both at the national and regional levels and continue the process of handling cases of the soccer mafia scandal that has not been completed. The criminal settlement related to fixing scores in soccer matches in Indonesia is to provide fines for match fixing actors. The imposition of criminal sanctions with fines is more beneficial than imprisonment, because fines have several advantages when applied to scoring practices, among others, eliminating stigma in society, the perpetrator who is subject to a fine can stay with his family and social environment, fines do not cause the perpetrator to lose his job.  
TANGGUNG JAWAB KOMISI PEMILIHAN UMUM ATAS HAK MEMILIH YANG TIDAK TERDAFTAR DALAM DAFTAR PEMILIHAN TETAP (STUDI KASUS DI DESA CIMEKAR KECAMATAN CILEUNYI KABUPATEN BANDUNG) Dany Yulianingsih; Rasji Rasji
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6682

Abstract

The general election regulated in constitution No 7 on 2017  in a manner implemented one, freely,secretly, and  fair is one important element because  in the general election apart from the mechanism for  selecting leaders to  guarate periodic chanfe in leadership. This is a manifestation of the from of political night of citizens. Because Indonesia is one of the countries which uphotls human rights (HAM). In a state responsibilities for  implementation and who registered the data  vote in pemilukada, updating vote data based on population data  prepared and submitted by the govermment for unregistered vote as potensial vote in the election can make a claim by the personality in a governing election in carry out on duty calling in conducting outreach and direction to the society, menkers of the public  who are  not registered on  the permarent votes list still can using it political right in the from  of the right to votr . that’s enogh to bring the identification card (KTP), passport or other identity that prones it is a local society or a move from another area. Letter as or transder letter for resettled residents from another regions. How ever this was not finish by election officials at the district level, so that the community still did’nt exercise their voting rights in the elections of 2015.
PERLINDUNGAN HUKUM TERHADAP PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA TANPA MENDAPATKAN KOMPENSASI BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 (ANALISIS KASUS: PUTUSAN PENGADILAN PERSELISIHAN HUBUNGAN INDUSTRIAL NOMOR: 2/PDT.SUS-PHI/2019/PN SMR) William Mulyadanika; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10993

Abstract

Termination of employment is one of the problems that often occurs in employment relations between workers / workers and entrepreneurs. The termination of an employment relationship for workers is a very complex problem because workers / laborers lose their livelihoods. One aspect of the cause of termination of employment is resignation, in which the resignation should be done voluntarily but in reality this resignation is carried out under pressure or coercion from the employer, and the employer manipulates workers so that they do not get their rights. So that resignation which should not be a dispute turns into a dispute that occurs. Bambang Trianto initially worked with one position then added a new position with the same wages so that Bambang Trianto wanted to resign, so that Bambang Trianto was terminated by PT. Hevilift Aviation Indonesia on charges of embezzlement of company money and selling hazardous and toxic waste belonging to the company without evidence of a criminal verdict so that he does not have strong evidence, so Bambang Trianto filed a lawsuit at the Industrial Relations Court at the Samarinda District Court, but in this verdict the rights workers' property to get severance pay or tenure rewards cannot be fulfilled. This study is normative in nature with literature study data collection techniques. Just like a scale that is used as a symbol of justice, the judge must also consider the fulfillment of workers 'property rights, so that in this case the workers' property rights can be fulfilled. 
Implementasi Pasal 249 Undang-Undang Nomor 17 Tahun 2014 dalam Harmonisasi Peraturan Perundang-undangan tentang Sumber Daya Alam oleh Dewan Perwakilan Daerah Nicolaus Nicolaus; Rasji Rasji
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.9196

Abstract

There’s overlapping regulation, especially about natural resource in Indonesia. This case lead into disharmony of regulation. It is required an institution that could act on harmonization of regulations about natural resource, that is Council of Regional Representative or called DPD. Through DPD duties and authorities, by case provision of article 249 law number 17 of 2014, there is some of DPD authorities on assisting the execution of regulation harmonization about natural resource. In this research, writers using literature, observation and interview methods to gathering data of implementation article 249 law number 17 of 2014 in regulation harmonization of legislation about natural resource by DPD. Problem that occur is that implementation process of article 249 law number 17 of 2014 was affected upon internal and eksternal factors which cause not optimal DPD performance, specialy on harmonization regulation process. There’s require some effort that could stimulate DPD performance base on article 249, so that process of regulation harmonization about natural resource will work more optimal. 
PENYELESAIAN KEPEMILIKAN KEWARGANEGARAAN GANDA DALAM PEMILIHAN KEPALA DAERAH KABUPATEN SABU RAIJUA (Putusan MK Nomor 135/PHP.BUP-XIX/2021) Amor Ghozi; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.18014

Abstract

The execution of the Indonesian state framework with a popularity based framework needs the appointment of local heads chosen by individuals in the district or area. The Political Decision Commission as the coordinator of the territorial head political race controls the execution of concurrent local head races in all areas of the Republic of Indonesia which were addressed in 2020 prior. Yet, there are cases connecting with double citizenship status in the choice of the Sabu Raijua official couple, East Nusa Tenggara. Situate Nationalist Riwu Kore up-and-comer Official number 2, demonstrated to have Indonesian and American citizenship. Situate Nationalist Riwu Kore subsequent to being dictated by KPU has the privilege to be a contender for official with the most noteworthy vote. In the choice of the Sacred Court Number 135/PHP.BUP-XIX/2021, the Established Court pronounced the preclusion of applicant number 2 Arrange Loyalist Riwu Kore and Thobias Ully from the appointment of Official and Representative Official of Sabu Raijua Rule. Subsequent to pronouncing preclusion the Sacred Court asked to re-vote..
ANALISIS UPAYA PENYELUNDUPAN HUKUM DALAM UPAYA MENGHINDARI SYARAT JANGKA WAKTU 90 HARI DALAM MENGAJUKAN GUGATAN KE PERADILAN TATA USAHA NEGARA (STUDI PUTUSAN NOMOR 51/G/2020/PTUN.PLG) Adimas Gusti Darmansya; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17111

Abstract

The objective of the Unitary State of the Republic of Indonesia as stated in paragraph four of the Preamble to the 1945 Constitution is to promote public welfare and participate in implementing world order based on independence. With the aim of general welfare, should there be something that harms one of the parties, the aggrieved party can file a lawsuit to the competent court, so that no more party is harmed and a sense of justice can be felt by all parties, thus the purpose of the general welfare can be achieved and run well.
EFEKTIFITAS PERATURAN MENTERI HUKUM DAN HAM TENTANG ASIMILASI NARAPIDANA KELAS I CIPINANG DALAM RANGKA COVID-19 Anna Maria Magdalenna Pridag; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12005

Abstract

In early November 2019 in the city of Wuhan, China, it was suspected that the beginning of an outbreak of a virus called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) which came from imported frozen food raw materials that entered the wet market area of Wuhan City, but according to a study that has been conducted by experts which resulted that the covid-19 virus originated from a local case where covid-19 spreads around the world one after another by means of transmission which is called an import case from outside the area of origin or local transmission between residents while in Indonesia itself, the Covid-19 virus outbreak entered in early 2020, in which the virus attacks the human respiratory system regardless of human age. The covid-19 virus causes distance between humans and another which causes many countries to make a policy, namely lockdown, while the Indonesian government makes policies in the form of Large-Scale Social Restrictions (PSBB). This PSBB is a policy that must be obeyed by all citizens of the Republic of Indonesia, especially prisons, but the condition of correctional institutions in Indonesia is currently experiencing overcapacity, causing the Ministry of Law and Human Rights to make a policy, namely the Regulation of the Minister of Law and Human Rights.
PERBANDINGAN HUKUM INDONESIA DAN AUSTRIA TERHADAP PERATURAN KESEJAHTERAAN HEWAN DALAM PENGANGKUTAN HEWAN TERNAK Pebtry Purnama Sari; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17876

Abstract

Every year, various livestock animals are transported using various modes of land and sea transportation, from and to various regions, both domestically and abroad. Considering that there are still potential violations of animal welfare in the stage of transporting animals by mode of transportation in Indonesia. And there is still little public concern for livestock that is transported improperly because they think that livestock is only for consumption and the benefit of humans. Whereas farm animals are also living creatures that have the right to live and be treated properly. whether the legal regulations in Indonesia have been able to provide welfare for the transportation of livestock and obtain the rights of these animals. So this paper was made to find out and compare the legal regulations in Indonesia regarding animal welfare in the transportation of livestock with legal regulations in Austria, considering that Austria is considered as one of the countries that have a good level of welfare for animals.
PENGUJIAN FORMIL UNDANG-UNDANG CIPTA KERJA DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 Dixon Sanjaya; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17910

Abstract

The Constitutional Court Decision Number 91/PUU-XVIII/2020 states that formal review of unconstitutional Job Creation Law is conditional and still valid with a deadline of 2 (two) years for improvement. The formal examination of the law is aimed at assessing the validity of the process and stages, techniques, and external forms of the formation of laws and regulations. Theoretically a regulation which is declared conditionally unconstitutional in a formal examination does not have binding legal force as a whole. Therefore, it is necessary to conduct research related to the formal review of the Job Creation Law in the Decision of the Constitutional Court Number 91/PUUXVIII/2020 in the perspective of Legislation. The research is juridical normative with a statutory and conceptual approach. Data obtained through literature study in the form of secondary data. All data are processed qualitatively to produce prescriptions for problem solving. The results show that the Constitutional Court's decision stating that the procedure for establishing the Job Creation Law is flawed creates consequences and ambiguity related to the inconsistency of decisions, the indecisiveness of the limits on the suspension of government actions or policies that are strategic and broad in impact, and the unclear improvement of the Job Creation Law and the P3 Law. As a result, the government had to postpone the establishment of implementing regulations for the Job Creation Law, make changes according to the Constitutional Court's decision on the Job Creation Law, and involve the community's active participation in its formation.