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IMPLEMENTASI KEWENANGAN DAERAH DALAM UPAYA PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMER 32 TAHUN 2004 Hervina Puspitosari
RECHTSTAAT Vol 8, No 1 (2014): RECHTSTAAT
Publisher : RECHTSTAAT

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (274.157 KB)

Berdasarkan Pasal 24 (5) Undang-Undang Nomor 32 Tahun 2004 bahwa pemilihan Kepala Daerah dilaksanakan secara langsung oleh rakyat. Sehingga daerah memiliki wewengang penuh dalam memilih Kepala Daerahnya. Namur, Berbagai persoalan disekitar Pemilihan Kepala Daerah secara langsung masih banyak dijumpai di berbagai daerah yang menimbulkan berbagai sengketa. Penyelesaian sengketa dilakukan dengan dua model, pertama, dilakukan secara administratif dilakukan Panwas. Kedua, penyelesaian sengketa Pilkada melalui pengadilan.

Tanggung Gugat PPIU Terhadap Batalnya Perjalanan Ibadah Umrah Akibat Pandemi Covid-19 Galang Pujo Sakti; Hervina Puspitosari
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2807

Covid-19 is a non-natural national disaster stipulated by Presidential Decree No. 12 of 2020 concerning Disaster Declaration in the Spread of Corona Virus Disease 2019 (COVID-19) As a National Disaster. The Covid-19 pandemic caused the PPIU's (Umrah Service Organizing Committee) achievement to be carried out in the form of the implementation of the Umrah pilgrimage, which caused the PPIU to fail by default. This study uses a normative juridical research method, where the legal problems that occur will be analyzed by the authors using a statutory approach and literature study. The results of this study itself show that the failure of the departure of prospective Umrah pilgrims caused by the Covid-19 pandemic cannot be said to be a force majeure condition, because the Umrah travel agreement contained in the Decree of the Director General of Haji and Umrah Organization Number 323 of 2019 concerning guidelines for the registration of Umrah pilgrims did not explain for certain that the Covid-19 pandemic itself was said to be a force majeure condition, so that the PPIU continued to provide accountability without having to prove fault from the PPIU. The responsibility given is in the form of renegotiation between the PPIU and prospective pilgrims in the form of rescheduling the Umrah pilgrimage trip after the Covid-19 pandemic and refunding registration fees for prospective pilgrims who request cancellation with valid reasons. The legal consequence of this is that it is not allowed to unilaterally cancel the agreement on the grounds that Covid-19 is a force majeure condition, before the Government can provide certainty in terms of laws or policies related to the Covid-19 pandemic.

Restorative Justice Crime Against Child Actors In The Perspective Of Justice Theft Dignified Hervina Puspitosari
Veteran Justice Journal Vol 2 No 2 (2021): Veteran Justice Journal
Publisher : Universitas Pembangunan Nasional "Veteran" Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v2i2.46

Abstract Various factors the cause of children committing crimes, especially in this discussion are children who are perpetrators of the crime of theft. Various problems of children as perpetrators of criminal acts of theft that occur. The act of a child committing theft is a violation of the law and has been regulated in the Criminal Code as formulated in the provisions of Articles 362, 363 and 365 of the Criminal Code. Various negative impacts of imposing punishment on children who commit the crime of theft causing dehumanization (decreased human values), prisonization (the influence of learning crime) and stigmatization (bad labels) are also taken into consideration in encouraging the birth of a diversion policy in Indonesia. The problem that arises is how the application of diversion to child perpetrators of the crime of theft is made aware of restorative justice in the perspective of dignified justice that prioritizes the future of the child. In child protection, there are 4 basic principles, namely: non-discrimination; the best interests of the child; survival, growth and development, respect for children's opinions. Thus, in the perspective of child protection, there is no punishment for children and there is no prison for children. So that in cases of children, perpetrators of the crime of theft should prioritize diversion against children with more emphasis on dignified justice for children. Keywords: Restorative Justice, Tna, Theft, Dignified Justice

Protection Of Women Against Online-Based Shopping Fraud Hervina Puspitosari; Mas Anienda Tien Fitriyah
Veteran Society : Jurnal Pengabdian Masyarakat Vol 2 No 1 (2021): Veteran Society Journal
Publisher : Faculty of Law

Abstract Online shop is a popular shopping choice. attractive to consumers without having to visit the store directly, through internet applications can be easily accessed and ordered at a price offer that is sometimes also much cheaper than shopping directly coming to the store. However, the various conveniences offered in reality also cause various problems related to the protection of consumers in transactions at online shops, which oftentimes consumers also experience fraud, whether the goods have not arrived that have been ordered and paid for or the goods arrived but are not in accordance with what was ordered. There are still many cases of online buying and selling fraud, efforts are needed to reformulate existing regulations that have not been able to accommodate the interests of consumers, so it is also necessary to change the Consumer Protection Act which is more secure in providing legal protection to consumers in online buying and selling transactions as well as regulation of business actors. that adapts to the development of information technology and social changes in society. Keywords: Protection, Women, Buying and Selling, Online

PEMBERDAYAAN KELOMPOK PEMBUDI DAYA IKAN LELE MENUJU KETAHANAN PANGAN DESA MOJORANG AGUNG WONDAYU SIDOARJO Sutrisno Sutrisno; Hervina Puspitosari; Rohmatul Faizah
Veteran Society : Jurnal Pengabdian Masyarakat Vol 2 No 2 (2021): Veteran Society Journal
Publisher : Faculty of Law

The village is one of the villages in the Wonoayu sub-district which has the potential for the development of catfish farming business, due to the availability of adequate land both in the yard and outside the yard, the water source is available continuously. both river water and groundwater. The most important problem is that the legality of fish cultivator groups for the development of fish farming activities in Pokdakan Mina Mojo, Mojorangagung Village, Wonoayu District, Sidoarjo Regency does not yet exist and is the strong desire of the group so that it is time to be appointed as one of the advantages of villages in the fisheries sector as an effort to realize resilience. food, which in turn can increase the economy, income, and welfare of the village of Mojorangagung, Wonoayu District, Sidoarjo Regency. Empowerment activities are also through the capacity building through training and mentoring for catfish farming groups as well as various innovations that can be developed through processed catfish products such as processed catfish smoked fish products, catfish processed in shredded packaging as well as various products and other innovations. which can be circulated in various areas including the utilization of waste that can be made as catfish feed. The problem that is often faced by catfish farmers is in marketing. Marketing needs attention in assisting catfish cultivation in addition to the importance of legal aspects, ranging from processed variations, packaging that can attract consumers' purchasing power and become food products that are delicious and safe for consumption. Technological assistance is very much needed in developing the productivity of processed catfish so that it can be diverse so that it further expands the market in marketing processed catfish products.

“Mini Trial” Model on Case Resolution Student Morals Yovita Arie Mangesti; Yana Indawati; Hervina Puspitosari
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2155

Morality is a principle of life based on the values of divinity, humanity and justice, as essential values in human life. This behavior can occur by anyone and anywhere, including among students. In Indonesia's positive law, immoral acts are implicitly regulated in the Criminal Code, the Pornography Law. However, because in the aspect of decency concerning ethical rules, placing criminal law as the ultimum remedium is more appropriate, because if it can still be carried out with social sanctions, then restorative justice will be achieved, in addition to placing criminal law as primum remedium. . Efforts to resolve student immoral cases would be better done with the concept of a minitrial or mini trial, involving the University Ethics and Law Committee (KEHU), students of perpetrators, students of victims, parents/guardians, and witnesses. KEHU acts as a mediator for the parties involved. The completion of the case is when the agreement is signed, and for students, coaching is carried out. The case with the minitrial is as in the Student Code of Ethics. If there is a case related to a criminal act, the minitrial decision can be taken into consideration by the competent authorities.

Efektifitas Pengelolaan Retribusi Pasar Sebagai Sumber Pendapatan Asli Daerah Dan Upaya Penanggulangan Penyimpangan Frans Simangunsong; Hervina Puspitosari
Jurnal Risalah Hukum Volume 17, Nomor 2, Desember 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i2.707

Developments organized by these regions are regional in nature, as a realization of development planning in accordance with development priorities at the regional level as part of the implementation of autonomous government decentralization. In order to support the implementation of economic development goals in the regions, local governments are required to have the ability to meet the needs of these regional expenditures, namely by optimizing local revenue (PAD). is the establishment of a retribution policy through an accountable collection system with the use of information technology so that it is easily controlled and supervised by all parties and transparent that can be accountable to the public through the application of a book system that can be monitored by all parties, providing strict sanctions in accordance with the laws and regulations. applicable regulations as well as applicable regional regulations related to taxes and levies in order to provide a deterrent effect for those who abuse their authority. The need for supervision of officers in the field. Local governments that do not yet have electronic-based retribution services need to immediately prepare electronic services in collecting market retributions through e levies in the context of efficient, transparent and accountable management of market retributions. Increased supervision of the Regional Government in the management of user fees so that it is optimal in providing income for Regional Original Income and the realization of a prosperous society and good governance Keywords: market levy, locally-generated income, deviation countermeasures

IMPLIKASI GLOBALISASI TEKNOLOGI INTERNET TERHADAP PERUBAHAN SOSIAL DENGAN MEREBAKNYA PERDAGANGAN ONLINE MELALUI PERUSAHAAN PIALANG BERJANGKA DAN PERLINDUNGAN HUKUM TERHADAP NASABAHNYA Hervina Puspitosari
Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Vol 8 No 1 (2019): Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik
Publisher : Fakultas Hukum Universitas Gresik

Perkembangan teknologi juga membawa masyarakat dalam perkembangan perdagangan melalui bisnis online trading yang dapat diakses melalui internet serta mobile phone yang menyediakan berbagai sarana. Bappebti telah membuatÃ‚Â SK. BAPPEBTI No. 64/BAPPEBTI/Per/1/2009) yang mengatur tentang perusahaan pialang dalam menjalankan usahanya dan lebih memberikan perlindungan bagi nasabahnya. Ada berbagai faktor yang melatarbelakangi nasabah mengalami kerugian akibat transaksi online trading dalam perusahaan pialang berjangka selain faktor dari dalam nasabah sendiri karena kurangnya kehati-hatian serta kurang memahaminya bisnis tersebut dan mudahnya menaruh kepercayaan serta faktor ekstern yang melatar belakangi seperti kecurangan dan ketidak patuhan perusahaan pialang berjangka dalam menjalankan usahanya menjadi faktor penyebab kerugian nasabah.Ã‚Â Key Words :Globalisasi Teknologi, Internet, Perdagangan Online, Pialang Berjangka, Nasabah DOI :10.5281/zenodo.3470429

Efektivitas Mediasi Penal Pada Proses Penyidikan Kasus Kekerasan Perspektif Restorative Justice (Studi di Kepolisian Resor Bojonegoro) Ameilia Herpina Denovita; Hervina Puspitosari
Yustisia Tirtayasa: Jurnal Tugas Akhir Vol 2 No.2 Agustus 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v2i2.14352

This research aims to determine the implementation of penal mediation for violent crimes against the investigation process at the Bojonegoro Police, the effectiveness of the penal media in realizing the principle of restorative justice at the Bojonegoro Police in reducing violent crimes, as well as discussing issues related to the application of penal mediation in violent cases at the Resort Police. Bojonegoro, and the second sub-chapter discusses efforts to overcome obstacles to the implementation of effective mediation. This type of legal research is empirical. Sources of data obtained in this study using primary, secondary, and tertiary legal materials. The results of this study can be said that the penal mediation carried out on cases of violence was not successful. The factors that hinder the implementation of mediation are that the party who is the victim of the case remains to be continued because it is harmed, and the victim does not want an attempt to harm the losses obtained from the perpetrator's actions and only wants to continue the case through the litigation stage so that the perpetrator of the punishment is equivalent to the act.. Efforts to overcome these obstacles are through penal mediation accompanied by the Bojonegoro Police as law enforcement officers who act as mediators who are neutral and protect the community, and the need for third party assistance such as experienced mediators, families of litigants, and community leaders who was at the scene of the incident.

Efektifitas Pengelolaan Retribusi Pasar Sebagai Sumber Pendapatan Asli Daerah Dan Upaya Penanggulangan Penyimpangan Frans Simangunsong; Hervina Puspitosari
Jurnal Risalah Hukum Volume 17, Nomor 2, Desember 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i2.707

Developments organized by these regions are regional in nature, as a realization of development planning in accordance with development priorities at the regional level as part of the implementation of autonomous government decentralization. In order to support the implementation of economic development goals in the regions, local governments are required to have the ability to meet the needs of these regional expenditures, namely by optimizing local revenue (PAD). is the establishment of a retribution policy through an accountable collection system with the use of information technology so that it is easily controlled and supervised by all parties and transparent that can be accountable to the public through the application of a book system that can be monitored by all parties, providing strict sanctions in accordance with the laws and regulations. applicable regulations as well as applicable regional regulations related to taxes and levies in order to provide a deterrent effect for those who abuse their authority. The need for supervision of officers in the field. Local governments that do not yet have electronic-based retribution services need to immediately prepare electronic services in collecting market retributions through e levies in the context of efficient, transparent and accountable management of market retributions. Increased supervision of the Regional Government in the management of user fees so that it is optimal in providing income for Regional Original Income and the realization of a prosperous society and good governance Keywords: market levy, locally-generated income, deviation countermeasures

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