Jurnal Ilmiah Hukum LEGALITY
Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international law, islamic law, criminal justice system, and the others field of law as a forum to develop the science of Law. JIHL published by University of Muhammadiyah Malang twice in a year every March and September.
Articles
291 Documents
<![CDATA[KEBIJAKAN PENGEMBANGAN KONSEP SEA GATE INTERNATIONAL (SGI) GUNA MEWUJUDKAN KEMANDIRIAN MARITIM INDONESIA ]]>
<![CDATA[Kumalasari, Galuh Wahyu]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4270
<![CDATA[The idea of the Indonesian Autonomy of maritime shows that Indonesia is not yet self-sufficient in the maritime sector. This simple statement is a major issue that must be resolved. Indonesia has ratified the United Nations Convention on the Law of the Sea (UNCLOS) through Act No. 17 of 1985, but there has been no significant progress to outperform the competition with countries in the world. The concept of Sea Gate International (SGI) to implement the development and improvement of both quantity and quality is the main port to adjust international standards should be a realistic and optimistic step in order to realize the independence of maritime in Indonesia. Foreign ships will be more and more anchored in Indonesia and will improve the optimization of human resource development, science and technology as well as product quality and service the maritime sector. Narrates deeper, the existence of Indonesia as SGI will be one important factor to improve the position of Indonesia in world geoeconomic and geopolitical map. Policy Planning seriously need to be realized in the long term development plan, making clear the direction and the benchmark every year running]]>
<![CDATA[SUATU PERBANDINGAN PENGATURAN CORPORATE SOCIAL RESPONSIBILITY (CSR) DI TAIWAN DAN DI INDONESIA ]]>
<![CDATA[Yunari, Sri Bakti]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4258
<![CDATA[Regulation comparison between Corporate Social and Environmental Responsibility (CSER) in Indonesia and Corporate Social Responsibility in Taiwan, aiming to compare the regulation of CSR in Taiwan and CSER in Indonesia. This Comparison carried out using the normative research method, which analyzed descriptively illustrating that regulation CSER at Art 74 Indonesian Law No. 40 of 2007 on Limited Company in conjuction with Government regulation Number 47 of 2012 on Social and Environmental Responsibility of limited company compared with Corporate Social Responsibility Regulation in Taiwan as required by the Taiwan Stock Exchange Corporation (TWSE) and GreTai Securities Market (GTSM)]]>
<![CDATA[PERAN DPD DALAM PENERAPAN ASAS DESENTRALISASI PADA SISTEM OTONOMI DAERAH ]]>
<![CDATA[Jatmiko, Bayu Dwiwiddy]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4275
<![CDATA[According to the Indonesian constitutional authority of DPD system is still very limited. All tasks and authority of DPD limited to the aspects that are closely linked with the area. Nevertheless, the Council position is not aligned with the Parliament; therefore need to be reviewed in the Council's role in the decentralized system of regional autonomy. So as to encourage the establishment of legislation to the maximum this is more favorable to the region and the well-being of the people in the area.]]>
<![CDATA[EKSISTENSI SISTEM HUKUM PERIZINAN KEGIATAN PERTAMBANGAN DALAM OTONOMI DAERAH SEBAGAI SALAH SATU INSTRUMEN HUKUM HAK-HAK MASYARAKAT ]]>
<![CDATA[Putra, David Aprizon]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4264
<![CDATA[Mining activity permit system would be the most urgent and most of its functions in maintaining the implementation of processing and protection of the environmental in Indonesia. For that purpose, it is expected the strengthening of the role of government, especially the local government as the owner of the mine producing areas. The ultimate goal of this course is for the benefit of mankind itself, society, state and nation of Indonesia. The permit system is desired able to preserve the rights of society as residents who has a wealth of space mining jurisdictions in general and the affected local communities in particular. After that the legality of permit system must have a strong substance of legal material used to be able to accommodate the interests and rights owned by the public. It is necessary to strengthen the quality of permits issued by the Regional Government in terms of safeguarding the rights of society-rich regions.]]>
<![CDATA[ANALISIS HUKUM PRIVATISASI BADAN USAHA MILIK NEGARA DALAM PRESPEKTIF PASAL 33 AYAT (4) UUD 1945 ]]>
<![CDATA[Anggraeny, Isdian]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4262
<![CDATA[The constitutional mandate of Article 33 Constitution - the welfare of the people and the community needs to establish the state-owned does not seem to be carried to the maximum so bergulirlah privatization policy. Strengthening this policy led to the privatization provisions in Act Number 19 of 2003 about Corporate Government . In connection with the birth of the concept of privatization which is the concept of capitalism, the author felt the need to analyze the law on the privatization of state-owned enterprises in Indonesia in the perspective of Constitution Article 33 paragraph (4). This study shows that the policy direction expected Privatization is a system of management of state enterprises more efficient and productive and achieve good corporate governance principles. To achieve that goal setting is certainly Corporate Government privatization in the Act should remain in line with the spirit of the economic constitution contained in Constitution Article 33 paragraph (4) because the state continues to run control function through the sectors regulation privatized state enterprises carry out its activities.]]>
<![CDATA[KEBIJAKAN KELAUTAN DALAM KERANGKA MENJAGA DAN MENGELOLA SUMBER DAYA ALAM LAUT ]]>
<![CDATA[Suryawati, Nany]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4271
<![CDATA[By not described the 1982 UNCLOS in detail yet on a legislation, give rise to conflicts of authority in the management of natural resources, particularly coastal and marine resources. With the enactment of Law No. 32 of 2004 on Regional Government, the central Government gives greater authority to local governments to be able to manage coastal and marine resources, as well as regulate the central and local financial balance from the proceeds of natural resource management in the region. With this expected welfare of the local community can be increased significantly. The amount of authority given to the local government not expected to pose an excessive sense of regionalism that could harm the unity of the Republic of Indonesia. Therefore we need a thought which is based on national interest and progress of the nation and the state, through law enforcement and legislation and specific policies in anticipation of a conflict of interest and the use of illegal conducted by both Indonesian citizens and foreign citizens, which may be detrimental to the Unitary Republic of Indonesia.]]>
<![CDATA[POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA ]]>
<![CDATA[Sumartini, Siti]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4257
<![CDATA[International agreements (treaties) is one of the mechanisms in international relations as well as one of the sources of international law. Lack of understanding of what the public understanding of international agreements often giving riseto confuse in ournational legal system. Thereby also on the status and position of international treaties in the practice of Indonesia has not provided clarity about what the system is about to be followed by Indonesia.]]>
<![CDATA[EFEKTIFITAS KONSEP DIVERSI DALAM PROSES PERADILAN ANAK PELAKU TINDAK PIDANA MENURUT UU NO. 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK (Dalam Proses Peradilan Anak Pelaku Tindak Pidana Di Kabupaten Malang) ]]>
<![CDATA[Komariah, Komariah]]>;
<![CDATA[Cahyani, Tinuk Dwi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4276
<![CDATA[Enforcement of the Act No. 11 of 2012 on Juvenile Justice System provides protection of the rights of juvenile who commit criminal acts use the diversion approach to realize the concept of Restorative Justice. To figure out the implementation of the Act, it is necessary to study with the socio-legal research method in the Police District, the State Attorney and the District Court at Malang. The results of these studies found that the application of diversion has been effective although there are still some obstacles. One of the toughest obstacles to implementing a diversion to fit is the unavailability of places to educate, nurture and put the brat as stated in the law. The study also found that in Malang at least there are some organizations / institutions in applying the diversion of government supporters, among others: BAPAS and P2TP2A.]]>
<![CDATA[DIPLOMASI SOFT POWER ASIMETRIS BERBASIS SUMBER DAYA KELAUTAN LINTAS BATAS DALAM PENYELESAIAN SENGKETA LAUT CINA SELATAN ]]>
<![CDATA[Alfath, Tahegga Primananda]]>;
<![CDATA[Nugroho, Riyo Lian]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4267
<![CDATA[South China Sea (SCS) conflict starting from the issuance of new maps by People’s Republic of Tiongkok in 1947, mostly claim SCS territory to bring imaginary line called the nine dash line that is based on the historical aspect. Under the UNCLOS, a claim over a territory that is based on stale Historical not justified. The nine-dash line where tensions among countries in the Neighborhood SCS, including Indonesia. There are several peaceful dispute settlement mechanism of UNCLOS including conciliation, binding settlement, arbitration, special arbitration. SCS dispute settlement should use the methods of peaceful settlement that called diplomatic win-win solution. Asymmetric soft power diplomacy that takes into account the interests of both countries and organizations will be able to be an alternative dispute resolution SCS protracted, with a record of win-win solution can be felt directly to their dispute. The method used is using the method with the approach of the Statute Law Research Approach and Conceptual Approach, supported by Legal Materials Primary and Secondary Legal Materials.]]>
<![CDATA[UPAYA MENEKAN ANGKA KEMISKINAN SERTA PEMERATAAN PENDAPATAN NASIONAL MELALUI PEMBANGUNAN EKONOMI BERBASIS ZAKAT ]]>
<![CDATA[Indri Hapsari, Dwi Ratna]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4261
<![CDATA[Poverty is a state of people who are not able to meet their needs. As a result, people cannot live a decent so that their standard of living decline. Differences of community groups with specific earnings income gaps cause problems. Therefore, the necessary role of government in equalizes the distribution of income distribution. Starting from the economic problems then came the idea of sharia, namely optimization zakat is obligatory for Muslims to remember Indonesia is the country with the largest Muslim population in the world. Indonesia is not a religious country, but a country with a predominantly Muslim, the middle ground is needed, namely the role of the state and society in the two positions together. When zakat management is conducted in accordance with Islamic law, the mandate, expediency principle, justice and the rule of law as well as integrated it can undoubtedly reduce poverty and income inequality in Indonesian.]]>
