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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 54 Documents

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Perlindungan Hukum Bagi Pemegang Hak Atas Tanah Dengan Sertifikat Hgb Yang Sudah Habis Masa Berlakunya (STUDI KASUS NOMOR 499/PDT.G/2011/PN.JKT.PST) Nurokhim HasbiIsmail
Jurnal Penelitian Hukum Legalitas Vol 10, No 2 (2016)
Publisher : Universitas Jayabaya

This type of research is a 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.Obstacles that have been experienced by the justice seekers in court resulted in relatively simple alternative (non lettigation) dispute resolution, shorter time and lower cost. This model is called Alternative Dispute Resulution (ADR)

Analisis Yuridis Fungsi dan Peran Jamsostek Dalam Perlindungan Hukum Tenaga Kerja Achmad Fitrian
Jurnal Penelitian Hukum Legalitas Vol 9, No 2 (2015)
Publisher : Universitas Jayabaya

Social Security Labor was held in response to the principle of protection of labor rights include the right to earn a decent living, the right to receive annuity, the right to guaranteed employment injury, and others. The rights of labor above are a matter that requires a guarantee. This study is a normative legal research by using a normative juridical approach. Thus, the object of research is the rule of law embodied in the rules of law created and established by the government; in the amount of statutory legislation and policies directly related to social security. The results of this study were the function and role of the Program Jamsostek to labor protection is not yet maximal conducted by the company of Jamsostek (Persero), this is due to the synergy between labor inspectors and the association of employers and law enforcement officials have not make sense as a whole that the program Jamsostek is a state program that shall be carried out jointl

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

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.

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

Pemberian Fasilitas Penananaman Modal Asing Sebagai Upaya Peningkatan Investasi Dikaitkan Dengan Pemberlakuan Kesepakatan Masyarakat Ekonomi Asean Orinton purba
Jurnal Penelitian Hukum Legalitas Vol 10, No 2 (2016)
Publisher : Universitas Jayabaya

ASEAN countries have agreed to establish the ASEAN Community in 2015 through the ASEAN Charter, signed on 20 November 2007 in Singapore. This agreement is based on three (3) pillars, namely the ASEAN Political Community (APC), ASEAN Economic Community (AEC) and ASEAN SocioCultural Community (ASCC). In increasing investment in a country, one of the commonly used method is to provide fiscal and non fiscal facilities for investors.The research method used is the legal normative research which is done carried out to obtain the necessary data related to the research hypothesis. The data used is secondary data, which consists of primary legal materials and secondary legal materials and tertiary legal materials. For data analysis was conducted using qualitative analysis.

Perlindungan Hukum Bagi Konsumen Belanja Online Dikaitkan Dengan Undang-Undang Nomor 8 Tahun 1999 dan Undang-Undang Nomor 11 Tahun 2008 Leny Melinda
Jurnal Penelitian Hukum Legalitas Vol 9, No 2 (2015)
Publisher : Universitas Jayabaya

The phenomenon of trafficking through the Internet is only one form of behav ioral change caused by the information technology revolution in the midst of society. Such conditions on the one hand is very beneficial to the interests of consumers because of their need for goods and /or services desired can be met as well as more wide open freedom to choose different types of quality of goods and/or services according to their abilities. Normative juridical research method that is legal research done by researching library materials or secondary data as the base material to be tested by conducting a search for rules and literature relating to the cases studied. The results showed Law No. 8 of 1999 on Consumer Protection strongly emphasizes that such rules can only apply to businesses engaged in the legal territory of the Republic of Indonesia. To support the legal protection of the perpetrators of the transaction online, the existence of Law Number 11 Year 2008 on Information and Electronic Transactions made partner law Protection Act consumer to support each other.

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

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.

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

Perlindungan Hukum Terhadap Pejabat Pembuat Akta Tanah Dalam Pembuatan Akta Otenti Teresia Din; Lilik Mulyadi; Udin Narsudin
Jurnal Penelitian Hukum Legalitas Vol 10, No 2 (2016)
Publisher : Universitas Jayabaya

A PPAT (Land Deed Official) as the public official is vestewith the specific authority to draw up a deed, where the said deed is based on the interest of the two parties with a number of regulatory provisions. The research method used in this research is a normative judicial one. As a normative judicial research, the approach method applied to discuss the problem of research is through approach of statute approach, conceptual approach (Analytical and Conceptual Approach), and Comparative Approach by using deductive and / or inductive reasoning to get and find objective truth. From the result of the study, it may be surmised that a specific act may be construed as a criminal offence based on the normative judgment of several decisions made by the judge(s).

Implementasi Pelaksanaan UU RI Nomor 2 Tahun 2012 Tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Jamaludin Jamaludin
Jurnal Penelitian Hukum Legalitas Vol 9, No 2 (2015)
Publisher : Universitas Jayabaya

The purpose of this study is to investigate the implementation of the implemen- tation of the Land Procurement for Development for Public Interest under Law No. 2 of 2012 on Land Procurement for Development in the Public Interest, which previously only regulated through Presidential Regulation No. 36 Year 2005 on Land Procurement for Development Public Interest as amended by Presidential Decree No. 65 of 2006 and Regulation implementation, the new law is more balance between the interests of government and the interests of society. Methods The approach used in this thesis that the juridical empirical research methods and specifications used in this research is descriptive analy- tic. Data collection research using primary data collection and secondary data. Analysis technique is qualitative descriptive. From the research that has been done shows that the implementation of the Implementation of Land Procure- ment for Development for Public Interest under Law No. 2 of 2012 have not been effectively implemented, due tofrequent change-unlike its implementing regulations stipulated in Presidential Regulation and the Regulation of the Minister of Agrarian and Spatial I Head of the National Land Agency

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