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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 9, No 1 (2015)" : 5 Documents clear
Implementasi dan Implikasi Sosialisasi Empat Pilar Berbangsa Dan Bernegara Pasca Putusan Mahkamah Konstitusi Andra Bani Sagalane
Jurnal Penelitian Hukum Legalitas Vol 9, No 1 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (238.004 KB) | DOI: 10.31479/jphl.v9i1.27

Abstract

Four Pillars of Nation and State is Pancasila, the Constitution of the Republic of Indonesia in 1945, national unity and the Republic of Indonesia which is articulated by members of the DPR/MPR to the public. This idea is included in item Law of Political Parties that have strong legitimacy. The four pillars of the state and nation reap the pros and cons in the community, especially among experts in constitutional law of the State. The experts have similar views to criticize the concept of it because it is not considered appropriate if it is aligned as the four pillar or column country. The Constitutional Court issued a decision removing the article. The Constitutional Court’s decision is binding and must be executed by all parties. That is the four pillars of the nation and state is forbidden to be disseminated to the public, but the reality is different, the constitutional court ruling was ignored by the DPR/MPR until today. They continue to socialize the four pillars. That is the institution DPR/MPR may be unlawful.
Eksekusi Putusan Arbitrase Internasional Dalam Sistem Hukum Indonesia Tutojo Tutojo
Jurnal Penelitian Hukum Legalitas Vol 9, No 1 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (203.126 KB) | DOI: 10.31479/jphl.v9i1.28

Abstract

International arbitration decision shall be in accordance with the provisions of laws and regulations or legal system in the country. The legal system has three elements, namely the substance of the law, the legal structure and legal culture. Study of this law is the study of normative law, and based on the legal theory of Friedman, the legal review was conducted by a study from the point of legal substance, namely legislation, including its principles, judicial authorities, procedural law, and of legal culture. Qualitative analysis method was used to examine if execution of International Arbitration Decision is appropriate with Indonesian Law System. Based on the study of the law, that the execution of International Arbitral Awards in London on July 3rd 2006 on Transportation Contract Dispute Through the Sea in compliance with Indonesian Law System. International Arbitration Decision Execution is hampered because of the lack of good faith of the defendant, the defendant does not voluntarily execute commands authorized Courts.
Penegakan Hukum Tindak Pidana Perikanan Oleh Kapal Perang Republik Indonesia Ketut Darmika
Jurnal Penelitian Hukum Legalitas Vol 9, No 1 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.007 KB) | DOI: 10.31479/jphl.v9i1.29

Abstract

Illegal fishing is a serious problem that must be addressed because it is very harmful to the preservation of resources and economically detrimental for the country. This illegal activity has directly violated the provisions of Law No. 45 Year 2009 on the Amendment Law No. 31 of 2004 about Fisheries. The method used in this study is a legal normative juridical research conducted in an attempt to obtain the necessary data regards to the issues. The data used are secondary data consists of primary legal materials, secondary law and tertiary legal materials. In addition, it is also used as the primary data supporting secondary data of law materials. For data analysis was conducted using qualitative analysis. From the research results can be concluded that the act of shooting or sinking and exterminating evidence of foreign-flagged fishing vessels that sufficient evidence of a criminal act fisheries in WPP RI in practice can be done by means of hot pursuit, in the process of investigation and carry out the determination of the court.
Pembangunan Perumahan Dengan Hunian Berimbang Bagi Pemenuhan Kebutuhan Rumah Untuk Masyarakat Berpenghasilan Rendah Sri Maharani
Jurnal Penelitian Hukum Legalitas Vol 9, No 1 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (273.986 KB) | DOI: 10.31479/jphl.v9i1.30

Abstract

The house is a basic human need, therefore, the state must guarantee the fulfillment of the house, especially the urban poor. It has dimanatkan also in the Constitution 45 Article 28 H, and strengthened in Law No. 1 of 2011 on housing and settlement area as well as Law No. 20 of 2011 on the Flats. The method used in this research is empirical juridical, with the analysis of legislation related to legal theories as well as constraints-constraints faced. The study found that 1) the implementation of the balanced residential housing development to meet the needs of the common home for the MBR, it still has not done the maximum; and 2) The need for an increase in the underlying policy formulation balanced residential development with strategic, effective and implementable.
Pertanggungjawaban Korporasi Dalam Tindak Pidana Korupsi Pengadaan Barang Dan Jasa Pemerintah Di Bidang Konstruksi Russel Butarbutar
Jurnal Penelitian Hukum Legalitas Vol 9, No 1 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (255.539 KB) | DOI: 10.31479/jphl.v9i1.31

Abstract

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 is: 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. That the Corporation could be required for Corporate Responsibilities when the corruption in the procurement of goods and services in the field of construction that we can see at verdict No. 04/Pid. Sus/2011/PT. BJM which have permanent legal force (inkrachtvan gewische). The above findings generated through normative research methods to approach the analysis of legal materials, either primary, ie Act No. 31 of 1999 jo . Act No. 20 of 2001 on Eradication of Corruption, secondary legal materials, and tertiary legal materials.

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