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Jurnal Penelitian Hukum Legalitas

Hukum_Legalitas
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Published by Universitas Jayabaya

ISSN : 14118564 EISSN : 25025511 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Penelitian Hukum Legalitas (JPHL) is published duo-annually in May and November, and aimed to provide research articles in order to have a significant implication to the world of law. Jurnal Penelitian Hukum Legalitas (JPHL) provides cutting-edge and comprehensive analysis of gap between theory and practice as well as the significant implications of the legal world. The scope of this journal has become essential for criminal law, civil, constitutional and international law. The Journal is highly relevant to all professionals, directors, managers, entrepreneurs, professors, academic researchers and graduate students in the field of Law studies.

Arjuna Subject : -

Articles 5 Documents

Search results for , issue "Vol 10, No 1 (2016)" : 5 Documents clear

Mekanisme Penyelesaian Sengketa Internal Partai Persatuan Pembangunan (PPP) Pasca Reformasi Mekanisme Penyelesaian Sengketa Internal Partai Persatuan Pembangunan (PPP) Pasca Reformasi AfriLeonardo HasbiTasween
Jurnal Penelitian Hukum Legalitas Vol 10, No 1 (2016)
Publisher : Universitas Jayabaya

Based on the provisions of the 1945 Constitution of the State of the Republic of Indonesia after the fourth amendment, described in Article 1 paragraph (1) and (2) namely that the State of Indonesia is a unitary State of the Republic, and Sovereignty is in the hands of the people and carried out according to Constitution. One of the noble principles in the 1945 Constitution emphasizes the guarantee of freedom of association as part of Human Rights, where Political Parties are one of the pillars of independence of the association The purpose of this research is to know and analyze the ideal idea which is done by the Government in the settlement of internal disputes of political party, especially the United Development Party (PPP) after the reformation, attributed to the increasing role of political party in the life of nation and state which is not followed by harmonious political communication, this is due to the frequent occurrence of debates that occur when they compete in the political field. The research method used is descriptive qualitative descriptive research using case study. The type of approach used in this research is the approach to empirical data in the field by involving two sources of evidence at the same time that is systemic interview and direct observation to the research which is also associated with Certainty Law.

Eksistensi Rupbasan Dalam Pengelolaan Benda Sitaan Kapal Guna Mendukung Perlindungan Hukum Pada Proses Penegakan Hukum Di Laut Soniady Drajat Sadarisman; Tasween Tasween; Hasbi Hasan
Jurnal Penelitian Hukum Legalitas Vol 10, No 1 (2016)
Publisher : Universitas Jayabaya

Law enforcement at sea, seized ships that had been appropriated after stipulation of confiscation by a head of district court, have to be placed in the safe house as well. Though ideally the safe house is established in every district or municipality, up to the recent time the fact is that has not been able to realize yet. With regard to law enforcement in the sea, the absence of Rupbasan. It is particularly in the remote area and outermost islands have become an issue for investigators as they cannot keep their confiscated goods in Rupbasan. Normative law research is applied as a method in this research as an effort to obtain necessary data which related to the issue. The research found the fact not only that in the law enforcement at sea, confiscated objects are not to be kept in Rupbasan since it has not built yet in all districts and municipalities, but also particularly because to keep the ship in Rupbasan is not feasible. These acts had been found in every stage of law enforcement which are the investigation, prosecution, education, and execution. The way how to treat this matter has not been regulated yet in The Criminal Code Procedure (KUHAP), Government Regulation Number 27 in 1983 and other regulations which means an absence of law. It is really necessary all of that has to be regulated by new form of regulation.

Pemekaran Kota Sofifi Maluku Utara sebagai Daerah Persiapan Otonomi Baru Ditinjau dari UU No 23 Tahun 2014 Awaluddin Awaluddin; Idzam Faitanu; Hasbi Hasan
Jurnal Penelitian Hukum Legalitas Vol 10, No 1 (2016)
Publisher : Universitas Jayabaya

This study aims to examine and analyze the process and constraints expansion city of Sofifi North Maluku as a new autonomy preparation area in the review of Law no. 23 years 2014. This study is an analytical descriptive that describes the detailed description of the processes and barriers to the expansion of Sofifi as a new Autonomy Preparation area. The approach used is an empirical juridical approach that emphasizes literature research/law and field research results. Based on the results of this study submitted suggestions To the Governor of North Maluku Province and the Mayor of Tidore island immediately coordinate discuss the barrier of expansion city of Sofifi North Maluku. Mayor of Tidore Town and Tidore Islands Municipal People's Legislative Assembly immediately issue the recommendation of approval of the release of sofifi area to fulfill the administrative requirement in regional expansion. DPR-DPD RI immediately ratified the regulation on the DESARTADA as the implementing rule and the guidance of regional expansion, and revised Article 33 paragraph 3 of the preparatory areas that priority areas such as Sofifi of North Maluku no need to use the concept of preparation area or the gap period because sofifi has not fulfilled the Government Convention Regions, that is each provincial capital must be a city.

Perlindungan Hukum Bagi Pemegang Sertifikat HGB Daluarsa: Studi Kasus Nomor 499/PDT.G/2011/PN.JKT.PST) Nurokhim Nurokhim; Hasbi Hasan; Ismail Rumadhan
Jurnal Penelitian Hukum Legalitas Vol 10, No 1 (2016)
Publisher : Universitas Jayabaya

Disputes, conflicts, and land issues never seem to recede, and tend to increase in intensity and diversity, as it becomes increasingly difficult to access land and increase the bargaining position between the three development actors - government, the private sector, and community to acquire land. The type of research is normative research that is analytical descriptive. The data collection technique used is literature study. Legal materials used include (1) the 1945 Constitution, Law No. 5 of 1960, Law No. 40 of 1996, Government Regulation No. 24 of 1997 and; (2) Secondary law materials: Scientific books; Documents; Reports and materials from the internet. Due to the various obstacles experienced by the justice seekers in court in court, it is time to take a relatively simple alternative (non-litigation) dispute resolution, shorter time and lower cost. This model is called Alternative Dispute Resolution (ADR). The familiar forms of ADR in Indonesia include mediation, arbitration, conciliation, and negotiation. Of the various types of ADR, which is more suitable to be applied in the field of land is mediation. This choice is based on consideration because the structure and mechanism are simpler. Besides, for the Indonesian people who uphold the principle of discussion to reach consensus, this institution feels familiar. And lately, the means used by Komnas HAM in resolving various disputes also utilize the principles of mediation

Pertanggungjawaban Korporasi Dalam Tindak Pidana Korupsi: Studi Kasus Putusan Pengadilan Tinggi Tipikor Banjarmasin No.04/Pid.Sus/2011/Pt.Bjm Russel Butarbutar
Jurnal Penelitian Hukum Legalitas Vol 10, No 1 (2016)
Publisher : Universitas Jayabaya

Accountability of the corporation in the form of corruption in the procurement of goods and services in the field of construction can be realized by using the theory of corporate punishment such as: the theory of vicarious liability, the identification theory, strict liability theory,corporate organ theory , the theory of corporate culture, doctrine of dele- gation theory, the theory of corporate law reactive, the doctrine of aggregation theory. Law enforce- ment officials are free to choose the theory and doctrine based on the case at hand, which is important to always pay attention to the principles of ensnaring geenstrafzonderSchuld (actus non facitreum nisi menssir rea) by referring to legislation corporate already exists. Offenses of corruption and crime that often occurs in the procurement of goods/services that are common construction in accordance with Act No.31 of 1999 such as: a crime against the state financial harm to the law or abuse of power, bribery offense group, group evasion offense in the post, extortion offense in office, deeds offense, offense relating to an interest in the procurement, and gratification

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