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INDONESIA
Jurnal Penelitian Hukum Legalitas
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
 1 
Search results for , issue "Vol 17, No 2 (2023)" : 5 Documents clear
Tinjauan Hukum terhadap Peran Pejabat Pembuat Komitmen Pengadaan Barang dan Jasa Poniyah, Sri; Sinaulan, Ramlani Lina; Farhana, Farhana
Jurnal Penelitian Hukum Legalitas Vol 17, No 2 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i2.265

Abstract

Corruption in the procurement of goods and services is a serious concern in many countries, including Indonesia. In this context, the role of the Commitment Making Officer (PPK) has a significant impact on the integrity and transparency of the procurement process. This research provides a legal review of the role of PPK in corruption crimes in the procurement of goods and services in Indonesia. The method used in this research is the normative juridical approach method. The approaches used in this type of normative research are statutory approaches and conceptual approaches. Types and sources of data used as research materials primary legal materials, secondary legal materials, and tertiary legal materials.  The results of the study found that Presidential Regulation No. 12 of 2021 authorizes PPK by prohibiting the practice of bribery, but the limits of PPK's authority are regulated by Article 52 Paragraph (2) and LKPP Circular Letter No. 8 of 2020. PPK's responsibilities include aspects of administrative and civil law, with the core of criminal liability focused on procurement law violations involving abuse of authority for personal or collective gain, harming the state. PPK's criminal liability involves individual fault, subjective fault, and the role of other parties in the procurement, including the Budget User (PA) and the Budget User Authority (KPA).
Kewenangan Kemendagri Dan Kemenkuham Dalam Pengharmonisasian Raperda Nugrahani, Ellen Lutya Putri; Mau, Hedwig Adianto; Candra, Mardi
Jurnal Penelitian Hukum Legalitas Vol 17, No 2 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i2.266

Abstract

The number of local regulations that are not harmonious with higher laws and regulations, poor public interest, decency and even human rights has attracted the attention of many parties. One of them is related to the role of the Regional Office of the Ministry of Law and Human Rights (Kanwil Kemenkumham) in the process of harmonizing draft regional regulations (raperda). The existence of Article 58 Paragraph (2) of Law No.15 of 2019 is expected to bring positive changes considering that every draft regulation must be harmonized through the Regional Office of the Ministry of Law and Human Rights before being facilitated by the Provincial Government Legal Bureau. The results showed that the implementation of Raperda harmonization by the Regional Office of the Ministry of Law and Human Rights is still not optimal. This is due to various obstacles, including the existence of the Circular Letter of the Director General of Legislation is considered not to be a strong basis as an implementing regulation for harmonization by the Regional Office of the Ministry of Law and Human Rights. Another problem is the conflict of harmonization authority between the Ministry of Law and Human Rights and the Ministry of Home Affairs (Kemendagri).  To overcome these obstacles, it is necessary to submit recommendations addressed to the Director General of Legislation to make an agreement with the Director General of Regional Autonomy of the Ministry of Home Affairs, to prepare a Joint Decree (SKB) between the Minister of Law and Human Rights and the Minister of Home Affairs related to the Harmonization of Regional Draft Regulations. In addition, the Director General of Laws and Regulations of the Ministry of Law and Human Rights should immediately make implementing regulations through Amendments to Presidential Regulation of the Republic of Indonesia Number 87 of 2014 concerning Implementation Regulations of Law Number 12 of 2011 concerning the Formation of Laws and Regulations. The amendment to the Presidential Regulation is adjusted to the contents of Article 58 Paragraph (2) of Law No.15 of 2019.
Perlindungan Hukum terhadap Korban Tindak Pidana Pengancaman dan Pemerasan Beatrix, Anna; Nainggolan, Marsudin; Basuki, Basuki
Jurnal Penelitian Hukum Legalitas Vol 17, No 2 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i2.271

Abstract

Legal protection for victims of criminal threats and extortion is a crucial aspect in ensuring a fair judicial process. This article discusses the challenges and solutions in providing legal protection for victims through a legal and technological approach. Based on an analysis of the Witness and Victim Protection Law, it is found that there are still obstacles in accessing justice for victims, particularly for economically disadvantaged individuals. Moreover, firm law enforcement against perpetrators, the utilization of information technology in handling crimes through electronic media, and enhancing the legal awareness of victims are also focal points in improving the legal protection system. On the other hand, the active role of the Witness and Victim Protection Agency is expected to enhance protection for victims by prioritizing their interests in the judicial process. Through collaborative efforts among the government, protection agencies, and public legal awareness, it is hoped that legal protection for victims can be enhanced to achieve better justice.
Pengambilalihan Flight Information Region (FIR) Singapura Atas Kepulauan Riau Dan Natuna Drajat, Harwita Sari
Jurnal Penelitian Hukum Legalitas Vol 17, No 2 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i2.268

Abstract

The existence of an FIR between Singapore and Indonesia should strengthen sovereignty by prioritizing national interests. However, this was not achieved. This prompted the author to conduct research with the aim of analyzing the position of Presidential Regulation Number 109 of 2022 concerning Ratification of the Agreement Between the Government of the Republic of Indonesia and the Government of the Republic of Singapore Regarding the Adjustment of Boundaries Between the Flight Information Region of Jakarta and the Flight Information Region of Singapore Regarding the Implementation of the Flight Information Region (FIR) as well as analyzing the position of Indonesian sovereignty after the takeover of Singapore's FIR by Indonesia with the issuance of Presidential Regulation Number 109 of 2022 concerning Ratification of the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Singapore Regarding Boundary Adjustments between the Jakarta Flight Information Region and the Singapore Flight Information Region. The approach method uses normative juridical. The data collection technique that will be used in this research is document study. The data analysis method is normative qualitative. The conclusion that can be obtained based on the results of the analysis is that it does not indicate a complete and complete takeover of Indonesia's air space as mandated in Article 458 of Law Number 1 of 2009, which will be taken over in 2024. Apart from that, it becomes stronger with the existence of the takeover scheme being carried out. guided by the national interests of Indonesian sovereignty. This indicates that Presidential Regulation Number 109 of 2022 concerning Ratification of the Agreement Between the Government of the Republic of Indonesia and the Government of the Republic of Singapore Regarding Boundary Adjustments Between the Flight Information Region of Jakarta and the Flight Information Region of Singapore has a position to strengthen the schematization of national interests, both in terms of sovereignty and national resilience. as well as the economy so that Indonesia's sovereignty is strong
PERLINDUNGAN HUKUM PENGGUNA JASA TRANSPORTASI UDARA AKIBAT DELAY MANAGEMENT MASKAPAI NIAGA BERJADWAL Hafidz, Aufa Ahla; Widijowati, Dijan; Halim, Anriz Nazaruddin
Jurnal Penelitian Hukum Legalitas Vol 17, No 2 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i2.269

Abstract

The Regulation of the Minister of Transportation Number PM 89 of 2015 concerning Handling of Flight Delays (Delay management) in Scheduled Commercial Air Transport Business Entities in Indonesia explains that airlines as air transportation service providers must pay a certain amount of compensation to passengers (consumers). However, in practice there is still management negligence on the flight, causing losses to passengers, due to delay management by the carrier. This research is a normative juridical research with a statutory approach, a case approach, a conceptual approach and an analytical approach. The source of legal materials in this study is only secondary data using the technique of collecting legal materials from literature. The analysis of legal materials used are grammatical, systematic, historical and teleological interpretations. The results show that the legal protection of air transportation service users in the event of flight schedule delays caused by airlines management factors, namely air transportation service users who are disadvantaged are entitled to compensation from the airline for flight delays that occur and also for losses that have been experienced. This is as stated in the Regulation of the Minister of Transportation Number 89 of 2015 concerning Handling of Flight Delays which can be proven by airplane tickets.

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