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All Journal JURNAL LITIGASI (e-Journal) Unes Law Review Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama JURNAL USM LAW REVIEW
Rasji Rasji
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PELAKSANAAN PEMBERIAN IZIN USAHA PERTAMBANGAN MINERAL DAN BATU BARA (MINERBA) DI KABUPATEN PANDEGLANG SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Thelisia Kristin; Rasji Rasji
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5279

Abstract

Nation Authority are held by Government. That authority divided into several regions in indonesia. That regions devided according to article 18, Chapter (1) UUD 1945, stated that United Nation are devided into several provinces, and each province divided into region and city, which in every provinces, Regency,  and Cities have they own regulation that have been continued arranged at Article 18 Chapter (2) UUD 1945 that stated every appointed government in every provinces, regency, and cities have authority to arranging and managing they own government errand according to autonomy principal and helper task.  This thing have a tight connection with nation purposes to protect, to prosper and to involved in world order. And for that reason act number 32 - 2004 about region goverment are made that stated about more clearly about  goverment power distribution which held by nation.  But about exploitation abundance natural resources, especially in mining sectors, act 4 - 2009 are made to regulate minerals and coal mining operation. In Act 4- 2009 are regulating provinces, Regencies, and cities government jurisdiction to make  warrant for mining operations. But in practices there's often issues come out about jurisdiction between provinces,  regencies, and cities goverment. Which in time,  act 32- 2004 are replaced with act 23 - 2014. The writing of a thesis this will discuss the situation in further information about of execution in the provision of licenses for and the obstacles faced all that is in issuing of the business licenses after the entry into force of the country mines in solidarity act 23 – 2014 that is the newest. Reserach methode that writer used is yuridis normatif which is a descriptive method And writer also use act approaches.
DAMPAK PERALIHAN KEBIJAKAN PERIZINAN USAHA TAMBANG GALIAN C DI KABUPATEN INDRAMAYU Rasji Rasji
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.13740

Abstract

Excavated material C is part of Indonesia's abundant natural resources. Its utilization is used for the greatest prosperity of the people. Excavation mining C is required to obtain a mining business permit, but many entrepreneurs in the Indramayu Regency do not have a mining business permit. On the other hand, there has been a shift in the mining permit policy for excavation C. The problem is what is the impact of the policy shift on the issue of licensing for mining mining C in Indramayu Regency? Through empirical legal research, the research results show that initially the mining business licensing policy in the Indramayu Regency was the authority of the Indramayu Regency Government. Since 2017, the mining business licensing policy for C excavation located in Indramayu Regency has changed to the authority of the West Java Provincial Government. This has an impact on the procedure for obtaining a mining business permit for C-mining, which is getting longer and more difficult, the cost of obtaining a C-mining business permit is getting bigger, C-mining activities are increasingly without a permit, and the Indramayu Regency Government does not have the authority to regulate C-excavation mining activities. unlicensed.
TANGGUNG JAWAB HUKUM PERUSAHAAN OVER THE TOP DALAM PERSAINGAN USAHA TELEKOMUNIKASI DI INDONESIA Hugo Prathama; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The use of over-the-top (OTT)-based communication services does have several advantages,including that there is no charge for communicating, compared to making a communicationthrough a provider network which can be charged. The problem faced is whether there is a needfor legal equalization of OTT companies in the telecommunications sector withtelecommunications service providers in Indonesia? and what are the legal responsibilities of OTTcompanies in the telecommunications business competition in Indonesia? The research methodused is a normative juridical legal research method. The results show that the legal equivalent ofOTT companies is that the government requires global OTT cooperation with national operatorsunder a legal umbrella, the establishment of BUT is based on the provisions of laws andregulations in the field of taxation, and local and foreign companies pay taxes. The legalresponsibilities of OTT companies in telecommunication business competition in Indonesia are toprovide services and comply with the provisions of laws and regulations in the fields of prohibitionof monopolistic practices and unfair business competition, trade, consumer protection, intellectualproperty rights, broadcasting, film, advertising, pornography, anti-terrorism, taxation; and theprovisions of other relevant laws and regulations. There is a need for regulations for OTT not onlyfor the benefit of local OTT, but for the Unitary State of the Republic of Indonesia.
URGENSI PEMBENTUKAN UNDANG-UNDANG KHUSUS PERLINDUNGAN DATA PRIBADI DI INDONESIA DALAM MEWUJUDKAN HARMONISASI HUKUM PERLINDUNGAN PRIVASI DAN DATA PRIBADI DALAM ERA DIGITAL (STUDI KASUS: INDUSTRI FINANCIAL TECHNOLOGY (FINTECH) BERBASIS PEER TO PEER LENDING Daniel E. P. Pardede; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The collection and dissemination of personal data without the permission of the data owner is aviolation of a person's privacy because privacy rights include the right to determine whether or not toprovide personal data. Personal data is an asset or commodity of high economic value. Thedevelopment and growth of Financial Technology or Fintech in Indonesia then requires Indonesia tomake laws that specifically regulate and can strictly monitor and regulate the sustainability of Fintechin Indonesia. Although Fintech is very profitable for the Indonesian economy, Fintech also has the riskof violating the law because it involves many legal subjects, such as criminal, civil and administrativeviolations. Many violations are found in Fintech in Indonesia such as consumer rights violations,personal data violations, and illegal Fintech. Therefore, the urgency of the establishment of a speciallaw on the protection of personal data in Indonesia is needed, in order to realize the harmonization ofthe law on the protection of privacy and personal data in cyberspace in the digital era. Personal datain electronic systems includes protection against the collection, collection, processing, analysis,storage, display, announcement, transmission, dissemination, and destruction of personal data.
WEWENANG PARTAI POLITIK DALAM MENENTUKAN CALON ANGGOTA DPR RI YANG LOLOS MENJADI ANGGOTA DPR RI (CONTOH KASUS PUTUSAN PENGADILAN NOMOR 520/PDT.SUS.PARPOL/2019/PN JKT.SEL) Anindita Widyapradnya; Rasji rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Indonesia is a nation of law and a democratic country. With a massive population and area, thedemocracy is represented by a people’s representative body, like House of Representatives. Themember of the people’s representative is chosen by the people themselves through elections. Butusually there’s people who’s not agreed with the election’s result, like Mulan Jameela on 2019Legislative Elections. After she file a lawsuit to the South Jakarta District Court, Mulan Jameeladeclared to win the lawsuit according to Court Decision Number520/PDT.SUS/PARPOL/2019/PN.JKT.SEL and Gerindra Party is declared authorized to appointMulan Jameela as a member of House of Representatives. This caused two election participantswhich come from the same electoral district with Mulan Jameela, Ervin Luthfi dan Fahrul Rozi,dismissed for no apparent reason from the party so that Mulan Jameela could become a member ofHouse of Representative. The problem is how is the authority of political parties in determiningtheir cadres or members to qualify as members of the House of Representatives and the ef ect ofCourt Decision Number 520/PDT.SUS/PARPOL/2019/PN.JKT.SEL on the party's authority indetermining its cadres or members who qualify to become members of the House of Representativeof Indonesia Republic. This research is using the case approach method and statute approachmethod. The research results show that political parties are not authorized to determine whichcadres or its members qualify to become members of the House of Representative, and this courtdecision will not af ect the party's authority.
IMPLEMENTASI TARIF RETRIBUSI PARKIR BERDASARKAN PERATURAN DAERAH KOTA TANGERANG NOMOR 3 TAHUN 2014 TENTANG RETRIBUSI JASA USAHA Muhammad Naufal Alfaraz; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Parking retribution are one source of Regional Original Income which has a high enoughpotential for financing regional expenditures in carrying out government and development tasks.Therefore, it is very necessary to have a legal certainty for the application of parking retributionrates regulated by the Regional Government based on applicable laws and regulations. How is theimplementation of the parking retribution rate based on the Tangerang City Regional RegulationNumber 3 of 2014 about Business Service Retribution? What are the obstacles to deal with inimplementing the parking rates? The author examines this problem by using empirical legalresearch methods. Research data shows that parking management in Tangerang City was managedby PT TNG as a BUMD since March 2018 based on the Tangerang Mayor Regulation, withparking managed by PT TNG it makes regional original income from parking fees is not optimal, itis happens because of parking who managed by BUMD is excluded from the object of parkingretribution. From the data on the realization of Tangerang City's original revenue in 2018 and2019, it also shows an insignificant profits. Of course this is due to the obstacles faced by PT TNG,there are the parking rates regulated by the Regional Regulation are too cheap considering thecurrent economic growth, then in its operations PT TNG is obliged to rent a land to the TangerangCity Government and also pay a tax of 20% (twenty percent) every month to be deposited into theregional treasury.
PERLINDUNGAN HUKUM TERHADAPANAK OLEH PEMERINTAH PROVINSI KEPULAUAN RIAU PADA MASA PANDEMI COVID-19 DENGAN KOSONGNYA KOMISIONER KPPAD Twina Nurul Ariestiana; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In providing legal protection for children, the state has ratified Law No. 35 of 2014 which is anamendment to Law No. 23 of 2022 regarding Child Protection. The method in this study applies thenormative legal method which is supported by empirical law. The normative legal research methodis a method used to conduct a study of an existing written legal material. In this study, it was foundthat during the Covid-19 pandemic, with the vacancy of the KPPAD commissioner, from a securityperspective, a safety guarantee was also provided for victim witnesses and reporters, bothphysically, mentally or socially. In this case, information is given to the victim/victim's familyregarding the progress of the outcome of the ongoing case in the District Court until the completionof the process. In addition to physical and mental protection, the provision of restitution andmaterial compensation is also very much needed by the victim/victim's family, considering thevictims of crimes against children during the Covid-19 Pandemic. The impact of the vacancy of theKPPAD commissioner on child protection carried out by the Riau Islands Provincial Government during the Covid-19 pandemic, among others, the many cases that were not handled by the UPTDand the Police due to the increasing crime rate. cases involving children as victims. Victims(children) have suf ered for years because they do not dare to report, they are afraid that if victims(children) report they will be psychologically intimidated by irresponsible parties.
KAJIAN DAN PENGARUH POSITIF NEGATIF PENJAJAHAN KOLONIAL BELANDA TERHADAP PEMBENTUKAN NEGARA INDONESIA Leonard Tasuno Laiya; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The colonial period in Indonesia did not begin immediately when the Dutch arrived in the archipelago at the end ofthe 16th century. On the other hand, the Dutch colonization process was a protracted process of political expansionthat spanned many centuries before reaching the present-day limits of Indonesia. Following the demise of theMataram Sultanate in the 18th century, the Vereenigde Oost-Indische Compagnie (VOC) established itself as aneconomic and political force on the island of Java. Since the early 1600s, this Dutch trading corporation had been adominant power in Asian commerce, but in the 18th century, it developed an interest in interfering in indigenouspolitics on the Indonesian island of Java in order to extend its grip over the local economy. However, corruption,inept administration, and severe rivalry from the British (East India Company) contributed to the VOC's demisetowards the end of the 18th century. Finally bankrupt in 1796, the VOC was seized by the Dutch government. As aresult, the Dutch crown acquired the VOC's property (assets) in the archipelago in 1800. Between 1806 and 1815,when the French conquered the Netherlands, these assets were given to the British. Following Napoleon's defeat atWaterloo, it was determined that the Dutch would reclaim the majority of the archipelago.
PERAN NEGARA DALAM PEMBUBARAN PARTAI POLITIK DI INDONESIA Caroline Tresnoputri; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Indonesia is a democratic country that always tries to guarantee the rights of itscitizens io freedom of association and assembly. The guarantee of this basic rightiisin the state constitution, namely the 1945 Constitution. The right to associate andassemble is a forum for establishing a political party. In the iynamics of the state,it is always related to the dynamics of political parties. These political parties playa very important role in the direction of policies and goals of a country. Theevelopment of a political party can also shake a country, so it is necessary toilimit ithe iestablishment iof ipolitical iparties. The ilimitation iof ithe iright iof iassociationiaims ito iprotect ithe istate iand icitizens. iPolitical iparties iwith idif erent iideologies ifromithe istate iwill ibe idissolved ior ifrozen, ithe imechanism iof iwhich iis ialso iregulated ibyithe istate. iThe idissolution iof ia ipolitical iparty iis ia iform iof istate irestriction ito iensureinational isecurity iand ialso iguarantees ithe irights iof icitizens.
ANALISIS PENGGUNAAN APBN OLEH DEWAN PERWAKILAN RAKYAT DALAM PERGANTIAN GORDEN RUMAH DINAS Jennifer Claudia; Rasji Rasji
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The House of Representatives in shortened or widely known in Indonesia as the DPR is one of theIndonesian state institutions that arranged through an election. Which selected by the peoplethrough a general election aimed at becoming the representative voice of the Indonesian people.As in listening the aspirations of the Indonesian people and voicing the voice of the peopleincluded the smallest circle in Indonesia. In the period of the Covid 19 pandemic as the Indonesianpeople are facing and going through with the impact of the pandemic there are losses in variousterms especially in terms of the country's economy. The House of Representatives (DPR) proposeda nominal budget to buy and change one of the internal needs of the House of Representatives(DPR) service house in fantastic and big nominal which is for curtains. The emergence of an eventlike this from an Indonesian state institution that is supposed to be a figure that is seen andmodeled by the Indonesian people precisely raises concern and lack of trust from the Indonesianpeople. Because it is often judged to propose or decide something without considering andthinking about welfare also justice for the people of Indonesia. In this case the Indonesian state isconsidered to spend a fantastic amount of money is a waste in an unimportant or non-emergencything. As said in the statute the invitation of Indonesia that decisions regarding the state's financessuch as from the State Revenue and Spending Budget (APBN) should be based in consideration ofjustice and welfare for the people of Indonesia.
Co-Authors Adimas Gusti Darmansya Agnelia Andini Alexzander Rinaldy Amor Ghozi Anindita Widyapradnya Anna Maria Magdalenna Pridag Benny Djaja Bima Krisna Bayu Caroline Tresnoputri Cherlyne Baby Florencia Daniel E. P. Pardede Dany Yulianingsih Dixon Sanjaya Dofana Givanti Dzikrina Aulia Eli, Grace Eva Fortuna Kasan Femmie Cynthia Gabriella Samantha G.M. Hana Nabilah Putri Hugo Prathama Jennifer Claudia John Tiel Gosan Leonard Tasuno Laiya Leonardy Julio Tanjaya Michael Michael Muhammad apriodi effendy Muhammad Naufal Alfaraz Nanda Yuliska Narumi Bungas Gazali Nicolaus Nicolaus Pebtry Purnama Sari renny talitha chandra Richard Jatimulya Alam Wibowo Ryandi Manuel Sumedi Thelisia Kristin Twina Nurul Ariestiana William Mulyadanika Yuwono Prianto