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Varia Justicia

variajusticia
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Published by Universitas Muhammadiyah Magelang

ISSN : 19073216 EISSN : 25795198 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Varia Justicia (ISSN 2579-5198) is a peer-reviewed Journal of Legal Studies developed by the Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes biannually (March and October). The scopes of Varia Justicia, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies. Varia Justicia has been indexed by Google Scholar, Directory of Open Access Journal (DOAJ), Sinta, IPI, Worldcat and others.

Arjuna Subject : -

Articles 165 Documents

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ERADICATION DEVELOPMENT OF CORRUPTION AND NEOLIBERALISM IN THE CURRENT ERA Susila, Agna; Suharso, Suharso
Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

The practice of Corruption has been prevented and eradicated along with the development of the ideology of new liberalism (neoliberalism) which seems increasingly difficult to avoid and control. This study aims to analyze the evolution of eradicating Corruption and the development of unstoppable neoliberalism movement. This study uses normative methods (legal research) with short cases and conceptual approaches. The two issues above are a big problem in our country because no matter how strong the prevention and eradication efforts are carried out, it turns out case by case that proves the existence of acute "immunity" from these two diseases, so it needs an "effective" therapy to deal with it. Pancasila became one antidote to inhibit the breeding of two of the above diseases. Like cancer cells, the family is the primary key to the goal of preventing the spread of this disease. Therefore, efforts to isolate the family from the contamination of the two conditions above are an essential solution.

FRONT MATTER 14 (2) 2018 Edhita Praja, Chrisna Bagus
Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

BACK MATTER 14 (2) 2018 Edhita Praja, Chrisna Bagus
Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

DISTRIBUTION OF INHERITANCE BASED ON THE PRINCIPLE OF JUSTICE ACCORDING TO NATIONAL LAW Eleanora, Fransiska Novita; Sari, Andang
Varia Justicia Vol 15 No 1 (2019): Vol 15 No 1 (2019)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Inheritance is an object that has been given by an heir in the form of a moving or immovable object. Distribution of inheritance often causes inheritance disputes between parties who receive an inheritance. The assets and inheritance that are disputed sometimes give harm to parties outside the heirs. The system and rules governing inheritance are very necessary for a country known for its diverse customs, one of which is Indonesia. This study aims to investigate the principle of justice in distributing inheritance based on the compilation of Islamic law (KHI). The method used in this study is library research using various literature and legislation. The results of the study show that the distribution of inheritance among the parties has not referred to the national legal system but is still based on a legal system agreed upon by the parties. They have the right and can use and choose which law to use for their inheritance. Existing laws will always provide and accommodate various forms of taste and justice created in the lives of the general public and in that case, are the same age as an inheritance under various systems and laws and that are truly trusted by the heirs.

GENERAL PRINCIPLES OF GOOD GOVERNANCE IN INDONESIA: WHAT ARE THE LEGAL BASES? Zamroni, M.
Varia Justicia Vol 15 No 1 (2019): Vol 15 No 1 (2019)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

The concept of a welfare state starts from many typical countries, namely the Police State (Polizei Staat), the State of Formal Law (Liberal) and the State of Material Law (Welvaarstaat / welfare state). The Police State and the Welfare State are considered as extreme forms of legal state because the State Police is the beginning of the Law State. Welfare State is a type of legal state that is considered current. The Principles of Good Governance were born during the development of the Welfare State. This study reveals the legal basis of the General Principles of Good Governance of several regulations. The results show that the general principle of good governance is currently regulated comprehensively in regulation in Indonesia. The regulation includes 1) Act Number 28 of 1999 on State Implementation of the Clean and Free from Corruption, Collusion and Nepotism 2) Act Number 9 of 2004, concerning the Amendment to Indonesian Act Number 5 of 1986 on Administrative Courts Country 3) Act Number 25 of 2009 on Public Service 4) Act Number 30 of 2014 concerning Government Administration. As a modern country, general principles of good governance is the spirit for the implementation of the government administration of the Indonesian Republic, especially in the context of the implementation of clean governance based on expediency, justice, and legal certainty.

PELAKSANAAN DEPONERING DALAM PERSPEKTIF ASAS EQUALITY BEFORE THE LAW Kurnianto, Diska; Susila, Agna; Kurniaty, Yulia
Varia Justicia Vol 13 No 1 (2017): Vol 13 No. 1 Maret 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

       This study examines and analyzes related criminal cases abuse in the criminal justice system in Indonesia under Law No. 16 of 2004 on the Prosecutor of the Republic Indonesia by closing a criminal case under the Code of Criminal Procedure (Criminal Procedure Code). This research method using a normative juridical approach to law (Statute Approach). Primary legal materials, secondary, and tertiary obtained by the author will be analyzed using analytical techniques interpretation of the law, namely: Content Analysis, which is used as a reference in resolving legal issues that become the object of study.        From the research results to the above method, the authors obtain answers to existing problems that the implementation case abuse accordance with the principles of opportunity in Article 35 letter c of Law Number 16 of 2004 on the Prosecutor of the Republic of Indonesia is still relatively small only be carried out by the Attorney General as the head chief prosecutor Court of the Republic of Indonesia in excluding criminal cases, and the closure of the case can be implemented by all prosecutors as the public prosecutor (prosecutor) without a process of public interest but can only be enforced closure of the case in the interest of law-related problems that menyangkat communities concerned in criminal cases.

EFEKTIFITAS PENGAWASAN HAKIM OLEH KOMISI YUDISIAL Moch Ikhsan, Oddie; Syafingi, Habib Muhsin; Sintha Dewi, Dyah Adriantini
Varia Justicia Vol 13 No 1 (2017): Vol 13 No. 1 Maret 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Starting from the establishment of a suspect Candidate Former National Police Chief Pol Commissioner General Budi Gunawan then apply prapradilan to the South Jakarta District Court. Because the 77 Criminal Code stated determination of the suspect is not an object pretrial. In those articles which can be handled by pretrial regulated limitative, only for legitimate or not the arrest, detention, discontinuation or termination of the investigation and prosecution of compensation or rehabilitation for a criminal case was stopped at the level of investigation or prosecution. After a single judge South Jakarta District Court partially granted the petition Sarpin Rizaldi prapreadilan BG. In his judgment, Sarpin interprets the determination of the suspect as one of the pre-trial. Judge Sarpin Ats such action under the spotlight of the Judicial Commission for the above decision. The Judicial Commission then recommended to the Supreme Court Judge Sarpin to sanctions, but the Supreme Court rejected the recommendation because they have entered the realm of the judge's decision. The formulation of the problem in this study is How Model Judicial Oversight Committee, Oversight Problems To Know judge by the Judicial Commission, the Judicial Commission How the Implementation Monitoring and Oversight How effective implementation of the functions of the Judicial Commission in supervising judges and its influence on the judicial power. The method used in this research is using normative juridical approach, the specification of the research is descriptive analytical.Based on the findings of the Judicial Commission has the concept of preventive surveillance by the repressive, namely to prevent and then are giving emphasis and contain sanctions. The Judicial Commission has the authority to give the sanction of ethics recommendations to the Supreme Court but the repressive ie without the MA recommendations, the recommendations of the Judicial Commission to be worth sia. Cooperation and there is no obvious surgical realm between the Supreme Court and the Judicial Commission.

KEWENANGAN ABSOLUT PENGADILAN AGAMA TERHADAP PENYELESAIAN KASUS PERBANKAN SYARIâ€™AH (ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012) Hasbi, Ghassan Niko; Iswanto, Bambang Tjatur; Mulyadi, Mulyadi
Varia Justicia Vol 13 No 1 (2017): Vol 13 No. 1 Maret 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

The provisions on dispute settlement Islamic banking has been laid down in Chapter IX of the settlement of disputes of Article 55 (1), (2), (3) of Law No. 21 of 2008 mentioned that the dispute settlement Islamic Banking is done by the court within the religious court, in case the parties have foretell dispute resolution other than as referred to in paragraph (1), the settlement of disputes in accordance with the contents of the contract, settlement of disputes referred to in paragraph (2 ) must not conflict with Islamic principles. The elucidation of Article 55 paragraph (2) of Law No. 21 of 2008 mentioned that the reference to the settlement of disputes in accordance with the contents of the contract are as follows efforts of deliberation, banking mediation, through the National Sharia Arbitration Board (Basyarnas) or other arbitration institution and / or through the courts within the General Court. The polemic is about the authority to resolve disputes in Islamic banking because there is no dualism of litigation, the Court of religion (Article 55 paragraph (1) of Law No. 21 of 2008) and the District Court stated in the elucidation of Article 55 paragraph (2) of the Act No. 21 of 2008), so in this study took the title of Absolute Authority of Religious Court Case Against Islamic Banking Solution (Analysis Juridical Constitutional Court Decision No. 93 / PUU-X / 2012). This study aims to know the legal implications arising from the decision of the Constitutional Court regarding the absolute authority of the Religious, and the competence of the Religious Islamic Banking in resolving disputes after the publication of the decision of the Constitutional Court for the No. 93 / PUU-X / 2012. The method used in this research is the method of juridical-normative research focus to apply the rules or norms of positive law by finding the law that encourages research, such as looking for the source of various litelatur, interviews with respondents also focused on how the legal aspects and principles of law against the decision of the Constitutional court, and the legal implications of this decision are equipped with primary data (Field research), as well as secondary data which supports research. In this study, there are two principal issues examined is about authority Absolut religious court after the Constitutional Court ruling No. 93 / PUU-X / 2012 as well as the implications of the issuance of the verdict in the world economy, especially sharia Islamic microfinance institutions and Islamic banking. The findings of this research is the decision of the Constitutional Court are legally absolute magnitude against all things Islamic economy both litigation and non-litigation to force the execution of the decision in the case or a decision which is final.

PERLINDUNGAN HUKUM KONSUMEN LISTRIK PRABAYAR DI MAGELANG Maulaya Adhiansyah, Siti Vickie Dina; Heniyatun, Heniyatun; Sulistyaningsih, Puji
Varia Justicia Vol 13 No 1 (2017): Vol 13 No. 1 Maret 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Along with the development of technology, PT. PLN (Persero) has developed a product called "Prepaid Electricity".Prepaid electricity PT.PLN a new service for customers to manage power consumption,that came into effect in 2008. In the course of pre-paid electricity it turns out there is still a shortage of electricity that causes consumer complaints in Magelang. Based on the existing background, the authors are interested in researching it.The problem of this thesis research is:1) How is the agreement between the electrical installation of prepaid electricity in Magelang, (2) How does the legal protection prepaid electricity consumers in Magelang, (3) What efforts were made by consumers of electricity when harmed in the use of prepaid electricity in Magelang.The method used in the preparation of this paper uses normative juridical approach. The research material used by the authors consisted of primary legal materials, secondary and tertiary.The data used is secondary data, research specifications is a research-analytical description. This study using purposive sampling method with the research tools shaped open questionnaire respondents as many as 25 people in the area of prepaid electricity consumers Magelang, interviews with officials of PLN Area Magelang and related parties.Based on the research results showed that the electricity trading mechanism consists of a new installation of electric power, electric power changes and migration electricity. Legal protection prepaid electricity include: (1) The Power Purchase Agreement (SPJBTL), these agreements can be categorized as a standard contract.If the terms of consumer protection laws, clauses in SPJBTL still containing the exoneration clause, thus infringing the rights of consumers,2)Prepaid electricity rates are more expensive than postpaid electricity, this is caused by the electrical installation is not appropriate. Another factor that is coming into effect of the tariff adjustment is affected by the dollar exchange rate, crude oil prices and inflation, causing prices to fluctuate basic tariffs, (3) Their administrative costs and of street lighting tax (PPJ) charged to electricity consumers. Token purchase electricity online through bank services is what causes the emergence of administrative costs, because the bank as a company whose orientation also for profit. If the terms of consumer protection law, the imposition of administrative costs should be the responsibility of the PLN. While RPM is set by the government tax Magelang, PLN only as the tax collector, 4)Electricity consumers are not given the right to choose when it will perform a new installation or additional power, if the terms of consumer protection laws, the violation of consumer rights. Settlement of disputes in the area of prepaid electricity Magelang, completed with a direct way between PLN and consumers. Consumers are harmed can submit a complaint directly to PLN through the contact center "PLN 123?.In principle PLN Magelang emphasizes dispute resolution deliberation, to reaching an agreement and promote justice between PLN and consumers

TINJAUAN KRIMINOLOGI TERHADAP TINDAK PIDANA PENIPUAN JUAL BELI ONLINE Susanto, Wahyu Adi; Hendrawati, Heni; Basri, Basri
Varia Justicia Vol 13 No 1 (2017): Vol 13 No. 1 Maret 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

This study discusses the overview of Criminology Crime Against Scams Buy Sell Online. Who in real life is very rife due to the lack of security and surveillance conducted by public authorities, so that many victims of criminal fraud and selling online, supported and easy to commit a criminal act of buying and selling online with a variety of modes available. To resolve the problem it should be known what are the factors that caused the criminal act of buying and selling online in terms of criminology. And how do the efforts of law enforcement officers in dealing with criminal fraud and selling online. Writing of this method normative empirical research that aims to make the data in a systematic, factual, and accurate about the facts and what happens on the field sebenrnya. With a data sekuder and as a source of primary data. Factors that cause the Crime Fraud Buy Sell Online influenced by various factors such as economic factors, environmental factors, social and cultural factors, factors easily commit crimes of fraud and selling online, factor the lack of risk of being caught by

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Chrisna Bagus Edhita Praja

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variajusticia@ummgl.ac.id

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Home Page

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Contact Name Chrisna Bagus Edhita Praja

Contact Email chrisnabagus@ummgl.ac.id

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Location Kab. magelang, Jawa tengah INDONESIA

Abstract

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Contact Name
Chrisna Bagus Edhita Praja

Contact Email
chrisnabagus@ummgl.ac.id

Phone
-

Journal Mail Official
variajusticia@ummgl.ac.id

Editorial Address
-

Location
Kab. magelang,

Jawa tengah

INDONESIA