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<![CDATA[PENYELESAIAN SENGKETA E-COMMERCEMELALUI ODR (ONLINE DISPUTE RESOLUTION) ]]>
<![CDATA[Widaningsih, Widaningsih]]>
<![CDATA[ Jurnal Panorama Hukum Vol 2 No 2 (2017): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v2i2.2075
<![CDATA[E-commerce is a trading system that utilizes information technology and is an innovative trading system that enables fast electronic transactions across the world. Utilization of e-commerce transactions can cause trade dispute due to the process of buying and selling transactions electronically. The balance of creditor and debtor positions is paramount in both conventional and electronic trade transactions. In online trading transactions, consumers are often confronted with irresponsible business actor behavior. This is made easier by business actors because the parties do not meet each other directly in the event of an agreement. Therefore, as in conventional trading, online or e-commerce transactions between business actors and consumers must also be given legal protection to consumers. There needs to be consumer protection efforts in the implementation of e-commerce transactions either before the dispute or after a dispute. The purpose of this research is to find out the settlement of business dispute based on law in Indonesia, to know the process of business dispute resolution through ODR, and to know the position of ODR in legal dispute business dispute settlement in Indonesia. The research used in this paper is normative legal research by reviewing and analyzing secondary data data in the form of legislation - the invitation, primary data data in the form of legal books and journals related law journals, as well as tertiary data in the form of websites - websites from the internet . Based on data analysis conducted, it is concluded that ODR is an appropriate model of settlement to resolve international trade disputes. The rule of law on ODR is necessary so that the position of ODR in Indonesian law becomes clear and gives certainty to the community about the use of ODR in Indonesia.ODR online dispute resolution) is an alternative solution by utilizing information technology tools to interact online.]]>
<![CDATA[TINJAUAN YURIDIS TENTANG KEWENANGAN PEMERINTAH PROVINSI DALAM PENERBITAN IZIN USAHA PERTAMBANGAN BATUBARA ]]>
<![CDATA[Lathif, Nazaruddin]]>
<![CDATA[ Jurnal Panorama Hukum Vol 2 No 2 (2017): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v2i2.2076
<![CDATA[The issuance of licences and nonmetallic minerals and rocks is a form of implementation of the Division of authority between the Government, the Government of the province that is contained in the provisions of article 37 (a) Law No. 4 of the year 2009 Mineral and coal mining.The issuance of licences and nonmetallic minerals and rocks by the Governor also pointed out the existence of a connection between a Government with its citizens in the context of the public service. Before discharge Act No. 4 of the year 2009 about Mineral and Coal Mining permissions settings using the coal law number 11 Year 1967 concerning the provisions of principal mining and also use Regulations The Government's number 32 year 1969 about the Regulations Implementing the provisions of principal mining. The basis of the authority of the provincial government in the coal-mining permit issuance can be outlined as follows: after discharge of Act No. 4 of the year 2009 about Mineral and coal mining permits against providing minerals and coal in the District/City, however, since the publication of the Act No. 23-year 2014 about local governance 2 October 2014 the entire mining activities move from District/City Government to the provincial governments except Coal mining concessions of the Works agreement (PKP2B), Foreign Investment (PMA) and the permissions that are bordered in two or more provinces.]]>
<![CDATA[ANALISIS YURIDIS KETENTUAN PASAL 152 AYAT (3) UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH MENGENAI KEWENANGAN PEMBATALAN PERATURAN DAERAH KABUPATEN/KOTA OLEH MENTERI DALAM NEGERI ]]>
<![CDATA[Anggalana, Anggalana]]>
<![CDATA[ Jurnal Panorama Hukum Vol 2 No 2 (2017): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v2i2.2077
<![CDATA[Regional autonomy is the transfer of authority from the central government to local governments in the context of the implementation of government affairs in the region. This also applies to the delegation of authority from the central government to regional governments to administer government affairs in their autonomous regions based on the principle of decentralization and co-administration, as well as the authority in the formulation of regional regulations by the regional government together with the Regional People's Legislative Assembly Regional. Starting from the planning stage, the discussion until validation and enactment must be based on applicable laws and regulations. In addition, the regional regulations should also be coordinated by the regional government to the central government, either the Provincial Government as a representative of the central government in the region or with the central government in this case the Ministry of Home Affairs in order to harmonize with higher laws and regulations equivalent to goals and able to support each other. If in the coordination related to the establishment of the regional regulation is contrary to the principle of legislative formation, the central government has the authority to cancel the regional regulations in accordance with the prevailing laws and regulations.]]>
<![CDATA[REKONSEPSI PENGECUALIAN MONOPOLI YANG DISELENGGARAKAN OLEH BADAN USAHA MILIK NEGARA DALAM HUKUM PERSAINGAN USAHA DI INDONESIA ]]>
<![CDATA[Puspitasari, Zuhro]]>
<![CDATA[ Jurnal Panorama Hukum Vol 2 No 2 (2017): Desember ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v2i2.2117
<![CDATA[The purpose of this paper is to formulate the reconception of exceptions of monopolistic practices organized by SOEs (state-owned enterprises). This normative juridical study using the approach of legislation and conceptual approach. The result of his research is that there are some things that should be considered in terms of reconciliation of monopoly parktik exceptional conducted by SOEs. Based on the aforementioned matters, the authors formulate the reconception of the exception of monopolistic practices organized by the SOEs, which read as follows: (1) The acts or actions held by SOEs and / or bodies and / or institutions established or appointed by the Government based on legislation. (2) Further provisions as referred to in paragraph (1) shall be regulated by law.]]>
<![CDATA[KEDUDUKAN ANCAMAN PIDANA MINIMAL DALAM UNDANG- UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA PASCA DIKELUARKANNYA SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2015 ]]>
<![CDATA[Iswahyuni, Ari]]>
<![CDATA[ Jurnal Panorama Hukum Vol 3 No 1 (2018): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v3i1.2321
<![CDATA[The problem of narcotics abuse and illicit trafficking in Indonesia shows an increasing trend, already very alarming and endangering the lives of people, society and nations. It is necessary to prevent and eradicate the abuse and illicit trafficking of narcotics in Indonesia, which includes a comprehensive multi-dimensional synergistic effort, to achieve maximum results. This effort is carried out gradually, consistently and continuously until it reaches the condition of Indonesia which is free from abuse and illicit narcotics trafficking even though still found a challenge and many obstacles related law enforcement Indonesia. Some cases illustrate the difficulty of law enforcers / practitioner looking for ways to make laws appear in line with community norms. This is addressed by the Supreme Court as a judicial body by issuing legal products in the form of Circular Letter of the Supreme Court (SEMA) Number 3 - Year 2015, with the aim of filling a legal void. However, this step leads to confusion and legal uncertainty because the contents of the SEMA are contrary to Law No. 35 of 2009 about Narcotics.]]>
<![CDATA[TANGGUNG JAWAB PEMERINTAH DALAM PELANGGARAN HAK NARAPIDANA DAN TAHANAN PADA LEMBAGA PEMASYARAKATAN/RUMAH TAHANAN NEGARA ]]>
<![CDATA[Puspitasari, Citra Anggraeni]]>
<![CDATA[ Jurnal Panorama Hukum Vol 3 No 1 (2018): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v3i1.2342
<![CDATA[ABSTRACT Prison overcapacity is caused by substance abuse of function. This condition stimulates lack of rights of pleasantness for inmates in the prison. Being inmates do not terminate that their rights and dignity as human. In other words as inmates they also deserve to be treated as human being. The present study aims to elaborate further about government liability in fulfilling the rights of inmates as human being in related to prison over capacity. Moreover, the present study also tries to examine liability concerning substance infringement of function conducted by wardens. The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches. The present study concludes that government responsible to overcome prison over capacity in order to provide coupled with protect the rights of inmates concerning their pleasantness in the prison. The occurrence of substance infringement conducted by wardens, government holds liability for this issue in which the government can be charged administrative penalty according to the regulations. Keywords: Over capacity, Liability, Inmates]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP NOTARIS PENGGANTI DALAM PEMANGGILAN BERKAITAN DENGAN KEPENTINGAN PERADILAN ]]>
<![CDATA[Utama, Wiriya Adhi]]>;
<![CDATA[Anand, Ghansham]]>
<![CDATA[ Jurnal Panorama Hukum Vol 3 No 1 (2018): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v3i1.2344
<![CDATA[Notaris Pengganti dalam pelaksanaan tugas jabatannya memiliki tanggung jawab yang sama dengan Notaris. Adanya tanggung jawab yang sama tersebut membuat Notaris Pengganti juga membutuhkan suatu perlindungan hukum dalam pelaksanaan tugas jabatannya sebagaimana perlindungan hukum tersebut diberikan kepada Notaris dalam Pasal 66 Undang-Undang Jabatan Notaris (UUJN). Penulis dalam penelitian ini ingin menelaah dan menganalisa lebih lanjut apakah ketentuan Pasal 66 UUJN berlaku terhadap Notaris Pengganti dan bentuk perlindungan hukum terhadap Notaris Pengganti. Metode penelitian yang digunakan adalah penelitian hukum normatif, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau bahan hukum sekunder sedangkan pendekatan masalah dilakukan dengan menggunakan pendekatan undang-undang dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa ketentuan dalam Pasal 66 UUJN hanya memberikan perlindungan hukum bagi Notaris saja tetapi tidak termasuk didalamnya Notaris Pengganti. Perlindungan Hukum bagi Notaris Pengganti berkaitan dengan pemanggilan dalam kepentingan peradilan masih mengikuti ketentuan yang bersifat umum yaitu melalui kewajiban ingkar dan hak ingkar.]]>
<![CDATA[WARALABA MODEL BISNIS BARU YANG BERKELANJUTAN DITINJAU DARI ASPEK HUKUM ]]>
<![CDATA[Hudiarini, Sri]]>;
<![CDATA[Kartiko, Galuh]]>;
<![CDATA[Mundzir, Hudriyah]]>
<![CDATA[ Jurnal Panorama Hukum Vol 3 No 1 (2018): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v3i1.2432
<![CDATA[Today the growth of the business world is growing so rapidly, it is also supported to expand the business which is more varied, including through franchise (Franchise). Which of these principles for some entrepreneurs is considered more effective, effective and profitable in the development of a business. In Indonesia, the regulation of franchises is based on agreements made by the parties on the basis of the applicable law, in this case the Government Regulation and the Minister of Trade Regulation. Franchise is a form of business that gets a lot of attention from business people, because it can be one way to increase economic activity and give opportunity to weak economic class to try, this means, Franchise can provide job opportunity, equality and also create field work for the community. In addition, the profits of this business are low cost and the materials already provided are also not too take place so vast, franchise recipients no longer need to bother developing their business by building a good and famous image. It is enough to ride on the famous fame of the franchisor, so franchisees who are generally small entrepreneurs will enjoy the success and luck of large-scale companies without having to carry out their own research and development, marketing and promotion that usually requires enormous expenses that the small businessman is unlikely to bear.]]>
<![CDATA[TINDAK PIDANA PENGANIAYAAN YANG DISERTAI DENGAN PERKOSAAN DAN PENCURIAN YANG DILAKUKAN OLEH ANAK MENGAKIBATKAN MATINYA PARA ANAK KORBAN: (Studi Kasus Perkara Nomor : 25/PIDSUS.AN/2014/PT.SBY) ]]>
<![CDATA[Prihasti, Lila Yurifa]]>
<![CDATA[ Jurnal Panorama Hukum Vol 3 No 1 (2018): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v3i1.2434
<![CDATA[Child is a part of which do not be locked out of man viability and continuity of one nation and state, in Indonesian constitution explicit being declared that country secures each child be entitled to viability, grow up and amends and be entitled to protection of violence and discrimination. The best interest of the child have precedence over, as affirmed in Convention on the Rights of the Child, Declaration of United Nation concerning on the Rights of the Child year 1959 and in The Beijing Rules ratified through Decision of President Number 36 Year 1990 About Authentication of Convention on the Rights of the Child. Thereby, hence child conducting an injustice do not be viewed as a criminal, but have to be seen as one who need aid, affection and congeniality and also imposition of criminal law sanction to child as perpetrator of doing an injustice shall be more major approach of psychological and persuasive-educative approach. Penalization system for a child have set clear in Code Number 11 Year 2012 about Code of Child Criminal Justice System or known as UUSPPA, One of the alternative in handling child case by using diversion concept and restorative justice. Restorative justice is an approaching that emphasizes on recover loss that evoked by crime where all party in concerned in a certain doing an injustice together solve problem, creating an obligation to make everything become better by entangling child as perpetrator of doing an injustice, victim child, and society in searching solution to improve, reconciliation and liver which is do not pursuant to retaliation. But it turns out in practice, diversion concept and restorative justice not always can be applied to the case as writer have been wrote in this research. Based on the results of research can be concluded that every child of a criminal act must have a caused and harmony in the family shape the personality and character of the child.]]>
<![CDATA[PENGHENTIAN TINDAKAN MEDIS YANG DAPAT DIKUALIFIKASIKAN SEBAGAI EUTHANASIA ]]>
<![CDATA[Nurdiyanningrum, Galih]]>
<![CDATA[ Jurnal Panorama Hukum Vol 3 No 1 (2018): Juni ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas PGRI Kanjuruhan Malang ]]>
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DOI: 10.21067/jph.v3i1.2440
<![CDATA[The studies of Euthanasia is interesting to be discuss, how about the law regulation in Indonesia, specially the concept of Pasif Euthanasia connecting with stopping medical act based on Informed Consent from patient or their family which done by the doctor and law effect for the doctor. This study is a normatif research with statute approach and conceptual approach. In this thesis, the writer focussing her study in stopping medical act which can be classified as Euthanasia is stopping the medicines, medical treatment and ignoring the patient. The purpose of this thesis is to research in dept that informed consent from patient or their family is use to prevent the doctor from the law impact cause by the stopping Medical Act. The role of doctor is very important in giving suggestion, solution and try to give the emphaty to the patient before they decided to stop the Medical Act to themselves. Hopefully this thesis can give a new paradigma and beneficial enough to the reader.]]>
