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INDONESIA
Jurnal Ilmiah Hukum LEGALITY
Published by Universitas Muhammadiyah Malang
ISSN : 08546509     EISSN : 25494600     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 291 Documents
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POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA Siti Sumartini
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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.
SUATU PERBANDINGAN PENGATURAN CORPORATE SOCIAL RESPONSIBILITY (CSR) DI TAIWAN DAN DI INDONESIA Sri Bakti Yunari
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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)
KONSISTENSI PASAL 284 KUHP TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Any Ismayawati
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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".
RUMUSAN PENGATURAN CREDIT CARD FRAUD DALAM HUKUM PIDANA INDONESIA DITINJAU DARI ASAS LEGALITAS Said Noor Prasetyo
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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.
UPAYA MENEKAN ANGKA KEMISKINAN SERTA PEMERATAAN PENDAPATAN NASIONAL MELALUI PEMBANGUNAN EKONOMI BERBASIS ZAKAT Dwi Ratna Indri Hapsari
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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.
ANALISIS HUKUM PRIVATISASI BADAN USAHA MILIK NEGARA DALAM PRESPEKTIF PASAL 33 AYAT (4) UUD 1945 Isdian Anggraeny
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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.
PENGUJIAN NORMA HUKUM KETETAPAN MPR NO. XI/MPR/1998 DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN Agus Rasyid Candra Wijaya
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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.
EKSISTENSI SISTEM HUKUM PERIZINAN KEGIATAN PERTAMBANGAN DALAM OTONOMI DAERAH SEBAGAI SALAH SATU INSTRUMEN HUKUM HAK-HAK MASYARAKAT David Aprizon Putra
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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.
DIPLOMASI SOFT POWER ASIMETRIS BERBASIS SUMBER DAYA KELAUTAN LINTAS BATAS DALAM PENYELESAIAN SENGKETA LAUT CINA SELATAN Tahegga Primananda Alfath; Riyo Lian Nugroho
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

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.
PENGUATAN HAK BERDAULAT (SOUVEREIGN RIGHT) PADA ZEE INDONESIA DALAM RANGKA PERLINDUNGAN SUMBER DAYA ALAM LAUT Indien Winarwati
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 2 (2016): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.

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