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.
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<![CDATA[PERLINDUNGAN ANAK PIDANA DI LEMBAGA PEMBINAAN KHUSUS ANAK DALAM PERSPEKTIF MODEL PEMBINAAN ANAK SECARA PERORANGAN ]]>
<![CDATA[Irma Cahyaningtyas]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[A child who didn’t get affection they tend to be juvenile and consequence may be able to carry out deviate action which collide with regulation. These child must execute criminal process that will ended to a behavior treatment that will take place in The Juvenile Correction. One of the treatment that exist in The Juvenile Correction is the treatment that actually based to child. Those kind of treatment called the individual treatment model. This paper background by issues, firstly how individual treatment model implementation in The Juvenile Correction; second what kind of constraints which found in the individual treatment model in The Juvenile Correction. Research methods used were 1) juridical empirical method;2) socio legal approach;3)case study in The Juvenile Correction in Kutoarjo. Analysis concerning are explained, first individual treatment model was already known. There were the type of individual treatment model were both religiousness and counseling treatment. But, for implementation that model could not implement properly.]]>
<![CDATA[KONFLIK AGRARIA YANG TAK PERNAH REDA ]]>
<![CDATA[Mukmin Zakie]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The ideal goal to be achieved by this country when it declared Law Number 5 of 1960 on the Basic Regulation of Agrarian is the prosperity of society, especially farmers and there is no more conflict. Conflicts before the law is one of them for their legal dualism governing agrarian question. Unification law which regulates the keagrarian expected to answer and give a solution to the conflict over the years. It turns out that the opposite is true, more and more regulations issued with respect to agrarian, it further adds new problems. Changes in the pattern and kareteristik conflict evolves with people's lives, mindset and outlook changed to agrarian particularly land, requires also look for a pattern resolution of the conflict. This paper attempts to it.]]>
<![CDATA[POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA ]]>
<![CDATA[Siti Sumartini]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![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[SUATU PERBANDINGAN PENGATURAN CORPORATE SOCIAL RESPONSIBILITY (CSR) DI TAIWAN DAN DI INDONESIA ]]>
<![CDATA[Sri Bakti Yunari]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![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[KONSISTENSI PASAL 284 KUHP TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 ]]>
<![CDATA[Any Ismayawati]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Adultery issue has been regulated in Article 284 of the Indonesian Criminal Code. However, in its implementation, vigilantism is more widely used by the community in response to the suit. In short it can be said that Article 284 of the Criminal Code is not effective in combating the crime of adultery. Article 284 of the Criminal Code, both legally and philosophically opposed to the values contained in Article 29 Paragraph (1) of Indonesian Constitution. In juridical, adultery prohibition in the norms of religion in Indonesia not only in people who already tied a marital relationship. In philosophy, the prohibition of adultery in the norms of religion in Indonesia is not only to provide protection to the institution of marriage, but also protect the sanctity of sexual relations, nasab, individual honour and even social honour. It can be said that the prohibition of adultery in religious norms is a form of protection against social honor as well as protection against "social values of sexual morality".]]>
<![CDATA[RUMUSAN PENGATURAN CREDIT CARD FRAUD DALAM HUKUM PIDANA INDONESIA DITINJAU DARI ASAS LEGALITAS ]]>
<![CDATA[Said Noor Prasetyo]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Internet is an information technology development product. Internet provide so many benefits for society in various field of life. One of its benefit is electronic payment system in e-commerce system. That benefits are also used by irresponsible persons for te crimes. One form ofcrimes in these field was credit card fraud. Based on data, Indonesia is a country with te highest rate of credit card fraud around the world. This is caused by the weakness of legal substance that regulate such crime. The Purpose of this research is to looking for such weakness based on principles of legality point of view. For such purpose, researcher use normative juridical of research methods with the konseptual and statute approach.]]>
<![CDATA[UPAYA MENEKAN ANGKA KEMISKINAN SERTA PEMERATAAN PENDAPATAN NASIONAL MELALUI PEMBANGUNAN EKONOMI BERBASIS ZAKAT ]]>
<![CDATA[Dwi Ratna Indri Hapsari]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![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.]]>
<![CDATA[ANALISIS HUKUM PRIVATISASI BADAN USAHA MILIK NEGARA DALAM PRESPEKTIF PASAL 33 AYAT (4) UUD 1945 ]]>
<![CDATA[Isdian Anggraeny]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![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[PENGUJIAN NORMA HUKUM KETETAPAN MPR NO. XI/MPR/1998 DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN ]]>
<![CDATA[Agus Rasyid Candra Wijaya]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The inclusion of the Indonesian People's Consultative Assembly Provisions in the hierarchy of legislation, as stipulated in Article 7 paragraph (1) of Law No. 12 of 2011 on the Establishment of legislation raises several issues related to the establishment and review of the legislation. The Indonesian People's Consultative Assembly Provision No. XI/MPR/1998 on the Implementation of the State that is clean and free of corruption, collusion and nepotism, is one of these provisions is still valid in the structure of the legal norms of the legislation. The purpose of writing this article is to clarify the direction of legal norms of Indonesian People’s Consultative Assembly Provision No. XI/MPR/1998 in testing hierarchy of legislation in the future.]]>
<![CDATA[EKSISTENSI SISTEM HUKUM PERIZINAN KEGIATAN PERTAMBANGAN DALAM OTONOMI DAERAH SEBAGAI SALAH SATU INSTRUMEN HUKUM HAK-HAK MASYARAKAT ]]>
<![CDATA[David Aprizon Putra]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![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.]]>
