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Journal : Jurnal Justiciabelen

ASPEK HUKUM PEMERINTAHAN TERHADAP PENGGUNAAN TENAGA KERJA ASING DI INDONESIA DAN IMPLIKASINYA TERHADAP KEDAULATAN NEGARA Dodi jaya wardana
Jurnal Justiciabelen Vol 1 No 1 (2018)
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (580.051 KB) | DOI: 10.30587/justiciabelen.v1i1.491

Abstract

The effectiveness and urgency of the use of foreign workers in Indonesia is very effective and urgent to meet the needs of skilled and professional workforce in certain fields that can not be occupied by local workers and as a step in accelerating the process of national and regional development by accelerating the transfer of knowledge and technology and increase foreign investment in the presence of foreign workers as supporting development in Indonesia, although in reality companies in Indonesia, whether foreign or national private companies, must use the Indonesian experts themselves. The purpose of regulating foreign workers if viewed from the aspect of labor law is basically to guarantee and provide decent employment opportunities for Indonesian citizens in various fields and levels. So that in hiring foreign workers in Indonesia must be done through strict mechanisms and procedures starting with the selection and licensing procedures to supervision
Penguatan Kedudukan Peraturan Desa Dalam Sistem Perundang-Undangan Indonesia Dodi Jaya Wardana
Jurnal Justiciabelen Vol 2 No 1 (2019): Justicabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.106 KB) | DOI: 10.30587/justiciabelen.v2i1.1166

Abstract

In Law Number 10 of 2004, Village Regulations are placed as one of the types of Legislation in Indonesia. However, with the birth of Law Number 12 of 2011 concerning the Establishment of Legislation as a substitute for Law Number 10 of 2004 the position of Village Regulations became unclear, even unregulated and not included in the hierarchical system of Legislation in Indonesian. Village Head Regulations, which are the implementing rules of Village Regulations, and are positioned under Village Regulations, are more regulated and incorporated into the Indonesian Legislation System. Furthermore, in Law Number 12 of 2011, regulations regarding hierarchy or position / position of Village Regulations are not regulated. If carefully explored in Law Number 12 of 2011, there is no position in the Village Regulations as a type and explicitly in the hierarchy of Legislation. Therefore, this research is expected to clarify and reinforce the position or position of village regulations in Indonesian legislation. So that Village Regulations can be one of the rules of the Indonesian legislation.
Konsep Pengadilan Khusus Dalam Penyelesaian Perkara Pemilihan Kepala Daerah di Indonesia dodi jaya wardana
Jurnal Justiciabelen Vol 3 No 1 (2020): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v3i1.2241

Abstract

A special court for the settlement of regional head election cases needs to be established / held for the settlement of cases for regional head elections and this special court is established before the implementation of regional head elections simultaneously nationally. This special court for regional head elections is nothing new, but something that already exists. Moreover, this special election court has been implemented in Uruguay. The authority of the Election Court in Uruguay appears to be very broad, covering everything related to elections, from the making of the regulations, the implementation, to the settlement of the case. The form and design of the special election court institutions must be adapted to the conditions of the temporary (ad hoc) Indonesian state under the Supreme Court and has the authority to handle all cases that arise in the election process, ranging from administrative cases and election crimes to disputes over results. Regional elections.
POLITIK HUKUM PENGATURAN KEWENANGAN PENGELOLAAN WILAYAH PESISIR DAN PULAU-PULAU KECIL OLEH PEMERINTAH DAERAH DALAM KERANGKA NEGARA KESATUAN REPUBLIK INDONESIA Dodi Jaya Wardana
Jurnal Justiciabelen Vol 1 No 2 (2018)
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (174.673 KB) | DOI: 10.30587/justiciabelen.v1i2.827

Abstract

Management of coastal areas and small islands by the regional government is essentially the implementation of regional autonomy that has been guaranteed by Article 18 paragraph (2) of the 1945 NRI Constitution. With the existence of regional autonomy, according to Article 18A of the 1945 NRI Constitution there is a relationship of authority in the management of coastal areas and small islands. For this reason, the authority of regional governments in managing coastal areas and small islands is an inseparable part of regional autonomy. Based on Article 50 of Law No. 1 of 2014 in conjunction with Article 18 of Law No. 32 of 2004, the provincial authorities ranging from 4 nautical miles to 12 nautical miles, while the regencies / cities have the authority ranging from 0 nautical miles to 4 nautical miles. However, since the enactment of Law no. 23 of 2014, specifically the provisions of Article 14 paragraph (1), management of coastal areas and small islands is only the authority of the Central and provincial governments. Provincial authorities start from 0 nautical miles to 12 nautical miles. Whereas regencies / cities no longer have authority in managing coastal areas and small islands.
POLITIK HUKUM PEMERINTAHAN DESA Dodi Jaya Wardana
Jurnal Justiciabelen Vol 2 No 2 (2019): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v2i2.2278

Abstract

The State recognizes and respects regional government units that are special or special in nature which are regulated by law. Second, the State recognizes indigenous and tribal peoples' units along with their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law. Politics of village government law, it cannot be separated from 3 (three) main bases, namely philosophical, sociological and juridical basis. The politics of regulatory law above are the base for legal politics for regulations that are below, so that there should not be any universal inconsistencies. In addition, horizontally the legal politics of legislation must also be consistent.
LEGAL PROTECTION FOR E-BOOK CREATORS ON GRAMEDIA DIGITAL APPLICATION Moh. Rafiqi Luthfi Rahman; Hardian Iskandar; Dodi Jaya Wardana
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4518

Abstract

copying more widespread. One of the studies examined by the author is the E-Book in the Gramedia Digital application. The purpose of this study is to explain how the legal protection of the creator and the legal consequences for the perpetrators as well as the settlement of disputes against the duplication of the ebook creator's work on the digital gramedia application. The research method used is a normative legal research method, with a statutory approach (Statue Approach) and a conceptual approach (Conceptual Approach). The results obtained from this study found Gramedia Digital provides legal protection in the form of technology that can record and mark traces of user activities which will later be stored as digital track records with the aim of legal protection for the creator of the E-Book itself. The legal consequences of duplicating E-Books on the Gramedia Digital application are subject to soft blocks in the form of suspension and account closure. Gramedia digital explained that they cooperate with any legal process (local law, provincial law and national law). Then the settlement of E-Book disputes is also explained through litigation (court) and non-litigation (outside court
JURIDICAL ANALYSIS OF THE REGULATIONS OF THE NATIONAL COLLECTIVE MANAGEMENT INSTITUTE (LMKN) IN TERMS OF COPYRIGHT INSTITUTIONS IN INDONESIA Moch Rizky Giri; Hardian Iskandar; Dodi Jaya Wardana
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4519

Abstract

Songs and/or music are copyright protected works. As the holder of Copyright and Related Rights, works belonging to the author that are used for commercial purposes have the right to obtain exclusive rights arising from declarative principles after the work of the author is heard. The emergence of Government Regulation No. 56 of 2021 concerning Management of Copyright Royalties for Songs and/or Music which has come into force since March 2021 as a rule to be able to optimize the function of managing copyright royalties from the use of works and related rights products, especially in songs or music. This thesis analyzes the urgency of the establishment of the National Collective Management Institute, the Legal Basis of the National Collective Management Institute, the powers and duties of the Collective Management Institute (LMK) and the National Collective Management Institute (LMKN) in managing music royalties used for commercial and protection purposes. Laws carried out by the National Collective Management Institute and based on Intellectual Property (IP). This thesis was written using a normative legal research method, which is an approach method through legislation whose norms are used as the main source in this research In addition, in this thesis research the author also uses an approach with the concept of understanding the principles regarding copyright as the exclusive right of the creator. From the research results, it has been concluded that there are two institutions that have different duties and authorities, the urgency of the importance of establishing a National Collective Management Institute for the management of Song and/or Music Copyright royalties, the legal basis of the National Collective Management Institute and the legal protection provided by LMKN on the management of royalties for Song and/or Music Copyrights in Indonesia.
Co-Authors Ade Irma Suryani Aini, Assuratul Alifiyah Fitrah Rahmadhani Althofurrahman, Muhammad Belva Ameliani, Putri Andi Rahmad Rahim Anis Mashdurohatun Anisa Tri Ariyanti Anita Handayani Arya Maulana P.P Astari P, Enggar Windi Aziz, Kemas Abdul Damar Gondo Arwono Dito Kurniawan, Dito Edy Safitri Eka Nurjanah EL Aisy, Nandina Fadlulloh, Muhammad Dito Fahmi Idris Fahrul Ramdan Suwandi Fauzia, Ana Fidinansyah, Muhammad Iqbal Fresil Nurassyafa Almayunda Guruh Wicahyo Prabowo Hapsari, Iffahdah Pratama Hardian Iskandar Hari Wibowo Hasnan Bachtiar Idris, Fahmi Ifahda Pratama Hapsari Ikhzami, Albi Ira Ayu Widianti Irsyada, Nadia Elza Ismail, Subiyanto Janah, Eka Nur Khafidah Khafidah Khastama, Iqbal Kiki Andrian Levina Yustitianingtyas Lulut Sulistiono Maradona Maradona Maulana P, Arya Moch Rizky Giri Moh. Rafiqi Luthfi Rahman Mohamed, Muhammad Azimuddin Muhammad Azkannasabi Muhammad Belva Althofurrahman Muhammad Ilham Rizaldi Muhammad Roqib muhammad roqib, muhammad Nadia Prawira Supriadi Noer Rakhanaufal, Yusuf Nur Fauziyah Pratama Hapsari, Ifahda Putri, Fresiella ‘Arsy Mahdavika Radian Salman Radya, Kenya Nayaka Rahmadhani, Alifiyah Fitrah Rahmat Agus Santoso Rahmayani, Ima Ridho Afrizal Abd Rohim Rizkyfia Desya Anindyta Sania Puspita Anggraini Sari, Anggun Purnama Septiana, Lia Nadella Setiyawan, Deni Sukardi . Sukardi Sukardi Sukardi Sukardi Sukaris Sulistiono, Lulut Suri Oktavian Toetik Rahayuningsih Virgianty Febri Wulandari Yan Ubaidilah Muttaqin Zulvikar, Muhammad Vicki