DE'RECHTSSTAAT
JURNAL HUKUM "DE'RECHTSSTAAT" adalah Jurnal Hukum yang diterbitkan oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Djuanda Bogor. Terbit pertama kali pada bulan Maret tahun 2015, dan terbit secara berkala 2 kali dalam satu tahun yaitu pada bulan Maret dan September, penggunaan nama "DE'RECHTSSTAAT" dalam jurnal ini disesuaikan dengan sistem kenegaraan bangsa Indonesia yang berasaskan sebagai negara hukum.
"DE'RECHTSSTAAT" merupakan tinjauan/kajian berbagai aspek ilmu pengetahuan dibidang hukum yaitu berupa hasil karya ilmiah baik secara ius costitutum dan ius costituendum.
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271 Documents
<![CDATA[PERAN KOMISI YUDISIAL DALAM SISTEM KETATANEGARAAN INDONESIA ]]>
<![CDATA[Ujang Bahar]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 1 (2017): JURNAL HUKUM "DE'RECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v3i1.710
<![CDATA[The Judicial Commission (JC) is a new independent state institution established as a product of the reform in the constitutional system and its existence is confirmed in the 1945 Constitution. The Judicial Commission was established following the idea of a one-roof system in the judicial authority. Among the roles and authority of the Judicial Commission are to propose appointment of the Supreme Court justices to the House of Representatives (DPR) and to supervise the conducts of justices/judges in order to maintain their respect, dignity and honor and good conduct. However, in the performance of its duties, the Judicial Commission is not yet as independent as it has been expected. It can be seen from its limited authority. In supervising the conduct of the judges/justices, the Commission is not authorized to impose any sanctions and in the process of selection of candidates for the Supreme Court justices, its authority is limited only at the ratio 3:1. Therefore, the existence of the Commission under the 1945 Constitution becomes unclear, since it is placed under the chapter of the judicial authority, but in reality it does not exercise its judicial authority and only functions as a supervisory agency like the State Audit Board (BPK) instead. Consequently, the Commission only serves as the supporting institution to the Supreme Court, President and the House of Representatives. In order that the Commission becomes truly independent as an institution which supervises the implementation of the judicial power sitting at an equal level with other state institutions, it is necessary to strengthen the institution by making amendments (to re-determine the position of the Judicial Commission) in the 1945 Constitution and other relevant laws and regulations.]]>
<![CDATA[EFEKTIVITAS PROGRAM PERWIRA BHABINKAMTIBMAS POLRES BOGOR KOTA DALAM PENANGANAN PERKARA MELALUI ALTERNATIF PENYELESAIAN SENGKETA ]]>
<![CDATA[Didik Supriyoko]]>;
<![CDATA[Ujang Bahar]]>;
<![CDATA[Mul yadi]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 2 (2016): JURNAL HUKUM DE'RECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v2i2.669
<![CDATA[The method used in this research is a normative juridical research with comparative law. This study will be a descriptive analysis will provide an overview of the Implementation Program of Bogor City Police Officer Bhabinkamtibmas by virtue Kapolri No.Pol: B / 3022 / XII / 2009Sdeops Date December 14, 2009 on the Handling of Cases Through the Alternative Dispute Resolution (ADR). The program is named after the latest Police Officer Bhabinkamtibmas. The program is a pilot project. This program will be applied in the future to another police station to an extent Polsek.Dengan the Bhabinkamtibmas officers who have members from a wide range of functions is expected to prevent the disruption of security and public order as well as to resolve conflicts early horizontal. The role and function Bhabinkamtibmas members in each region will be further optimized. Bhabinkamtibmas officer team will be down directly in the community to help solve the problems of citizens. Thus, each issue should not be resolved through legal channels, but through mediation and approach officials with the public. The formation of a team of officers Bhayangkara Trustees Public Order and Safety in the City Police Bogor, West Java, a pilot project, particularly for the police station in West Java. The team of eight people who have received training and certification from the National Mediation Centre. The team is a kind of ad hoc team, which is responsible to the Chief of Police and Officer Team members Bhabinkamtibmas of some police functions, not only the function of public guidance. The conclusion from this study is the Program Implementation in Bogor Police Officer Bhabinkamtibmas City and yet not maximum impact on increasing public perception of the police. In terms of implementation, it appears less optimal competence of officers in the police station and police station level. Instructive culture within the police adopted a policy of military norms Officer Program Bhabinkamtibmas seen by officers in the field more as a mere 'implementation of new tasks' rather than the 'improvement of quality of service'.]]>
<![CDATA[TINJAUAN YURIDIS HAK PEMBELI KIOS HASIL KERJASAMA PEMBANGUNAN PASAR TRADISIONAL DENGAN SISTEM BUILD OPERATE AND TRANSFER (BOT) DI KABUPATEN BOGOR ]]>
<![CDATA[Asep Hidayat]]>;
<![CDATA[Martin Roestamy]]>;
<![CDATA[Sudiman Sihotang]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 1 (2017): JURNAL HUKUM "DE'RECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v3i1.721
<![CDATA[In realizing the general welfare, the acceleration in the construction sector more incentive. One of them is the development in the field of economy and trade, such as traditional markets. An integral part of the market is a kiosk which is a merchant selling. In implementing the needed development funds are not small so this should be a concern of government, given the limited funds of APBN / APBD. One alternative to overcome the limitations of these funds is through cooperation with the private sector with a system Build Operate and Transfer (BOT). Example analyzed is an agreement between the Government of Bogor Regency with PT. Fortunindo Artha Perkasa to revitalize Ciawi market in 2006. The aim of this study is to determine the actualization of the results of development cooperation agreements with the BOT system Ciawi market as well as to determine the legal certainty of ownership of a kiosk in a legal perspective objects. The method used in this research that the Juridical Sociological (Empirical), namely law as phenomena of society, as institutional, or behavior that develop. The technique of data collection is through a method Interview (interview) and Questionnaire Method. Based on the results of research conducted Writer that actualizing the result of cooperation with the BOT system between Bogor Regency with PT. Fortunindo Artha Perkasa is a mutually beneficial cooperation. The partnership is agreed in the contract that contains the rights and obligations of the parties. The agreement provides advantages, both for the Bogor Regency, PT. Fortunindo Artha Perkasa as well as for merchants. Concerning legal certainty, kiosks in law objects categorized as immovable property and have caused material rights to it, namely, the right material that gives pleasure and the right material that has the properties provide warranty. But, market stalls, if used as a credit guarantee of the legal protection for the debtor itself is weak because the market stall cannot be bound by the guarantee institution in Indonesia.]]>
<![CDATA[PERANAN POLISI LALU LINTAS DALAM PENINGKATAN DISIPLIN BERLALU LINTAS DI WILAYAH HUKUM POLRES BOGOR ]]>
<![CDATA[Dedik Saputra]]>;
<![CDATA[Komari A.M.]]>;
<![CDATA[J. Jopie Gilalo]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 1 (2016): JURNAL HUKUM DE'RECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v2i1.678
<![CDATA[This study aims to determine the role of traffic police know the increase in traffic discipline and to know the police efforts to improve traffic discipline. The writing is done using the method of juridical sociological approach, the court concluded that the data obtained from an answer. This type of research used in the study of law is that legal research is descriptive. The results obtained that the role of the police carrying out of order and law enforcement in the field of traffic is by doing the demolition of highway users. The role of traffic police in improving the discipline and enforcement of traffic laws in Police Jurisdiction Police Bogor by the dissemination of traffic rules. The area is usually only seen one or two officers, more visible police officers assisted school children (MCC), Police Friends of Children (PSA), Satpol PP, Transportation Agency, the military and others. As a result the location of the normally chaotic start neat. Public transportation that generally take the path carelessly began to follow the sign that rules have been determined, including stops behind the road markings. Socialization is aimed at people. With the hope of growing awareness of the importance of order and lintas.Tak than mere appeals, undisciplined road users will be immediately ticketed. Range of efforts made to suppress the Bogor Police traffic policeman level of traffic violations is put tape shock, making the road median, make a zebra crossing, putting personnel at vulnerable places, and patrolling the road. When road users do not comply with rules set then the action will be penalized with a verbal reprimand and prosecution by giving a speeding ticket. Bogor Police traffic policeman in reducing offenses involving police discipline is the Friends of Children (PSA) for kindergarten children, coaching on a motorcycle taxi driver, extension to the applicant's driver's license, do some police operations.]]>
<![CDATA[HAK ASASI MANUSIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM ]]>
<![CDATA[Dadang Suprijatna]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 1 (2016): JURNAL HUKUM DE'RECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v2i1.656
<![CDATA[ This study aims to answer how the implementation of legal aid as access to justice for poor people? And any obstacles encountered in the implementation of legal aid? From the results of studies conducted with methods and rules of studies in jurisprudence showed that the implementation of legal aid for people who could not be implemented properly for their deviations in practice, such as the implementation of legal assistance through mentoring new advocate can be enjoyed by the public at the time of inspection advanced not at the time of the initial inspection and the inspection process is ongoing, but without the presence of lawyers, can still be found action advocates who refuse to provide legal aid, as advocates considered less professional and discrimination in the implementations of legal aid. The factors inhibiting the implementation of legal aid for poor people can be classified and divided into three factors namely, the factor of the substance of the law, a factor legal structure, and the cultural factors of law or culture of the community and law enforcement agencies, such as the lack of public understanding of the right to legal aid refers on mistrust, pessimism and skepticism towards the implementation of legal aid, and elements of attitudes, values, ways of acting and thinking advocates leading to the attitudes or actions of irregularities. Factors that inhibit community is negative community views on the implementation of legal aid as well as concerns in the use of legal aid.]]>
<![CDATA[TINJAUAN YURIDIS ATAS GUGATAN KEPEMILIKAN TANAH BERSERTIFIKAT TERHADAP PENGGUNAAN TANAH DENGAN CARA MELAWAN HUKUM ]]>
<![CDATA[Moh Mahrus]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 5 No. 1 (2019): Jurnal Hukum De'rechtsstaat ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v5i1.1727
<![CDATA[Penggunaan tanah tanpa izin yang sah dari pemiliknya dengan cara melawan hukum, metode pendekatan yang digunakan dalam penulisan ini ialah metode yuridis empiris yang mana prosedur yang digunakan untuk memecahkan masalah penelitian dengan meneliti data sekunder terlebih dahulu kemudian dilanjutkan meneliti data primer yang ada di lapangan. Penelitian ini bertujuan untuk mengetahui penerapan hukum terhadap pelanggaran memakai tanah tanpa izin yang berhak atau kuasanya yang sah serta bagaimanakah pertimbangan hukum hakim dalam menjatuhkan hukuman terhadap pelanggaran memakai tanah tanpa izin yang berhak atau kuasanya yang sah. Kata penyerobotan sendiri dapat diartikan dengan perbuatan mengambil hak atau harta dengan sewenang-wenang atau dengan tidak mengindahkan hukum dan aturan, seperti menempati tanah atau rumah orang lain, yang bukan merupakan haknya. Tindakan penyerobotan tanah secara tidak sah merupakan perbuatan yang melawan hukum, yang dapat digolongkan sebagai suatu tindak pidana. Seperti kita ketahui, tanah merupakan salah satu aset yang sangat berharga, mengingat harga tanah yang sangat stabil dan terus naik seiring dengan perkembangan zaman. Penyerobotan tanah yang tidak sah dapat merugikan siapapun terlebih lagi apabila tanah tersebut dipergunakan untuk kepentingan usaha.]]>
<![CDATA[AKIBAT HUKUM ITSBAT NIKAH TERHADAP PERKAWINAN TIDAK DICATAT BERDASARKAN KOMPILASI HUKUM ISLAM PADA PENGADILAN AGAMA CIBINONG KELAS 1B ]]>
<![CDATA[Dea Pitri Maelani]]>;
<![CDATA[Ani Yumarni]]>;
<![CDATA[Innayatullah Abd. Hasyim]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 1 (2017): JURNAL HUKUM "DE'RECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v3i1.712
<![CDATA[In the district. Bogor many people who perform marriages were not registered. It is caused by several factors, one of which is the lack of knowledge of the importance of marriage registration. Then the problems that will be studied are: 1) how the foundation philosophy contained in the petition Ithbat Marriage under Law No. 3 of 2006 on the Religious Courts Cibinong Class 1B, 2) how the judge in the consideration granted Ithbat marriage on marriage were not recorded after the enactment of Law No. 1 Year 1974 on Marriage. The purpose of research is 1) to assess and determine the foundation philosophy contained in the authority of Judge cremate Ithbat marriage petition under the Act No. 3 of 2006 on the Religious Courts Religious Courts Cibinong Class 1B, 2) to study and know the judge in the consideration granted Ithbat marriage on marriage were not recorded conducted after the enactment of Law No. 1 Year 1974 on Marriage. The method used is the method of sociological juridical approach to data collection techniques of observation and interviews. Registration of marriages arranged in Paasal 2 paragraph (2) of Law No. 1 Year 1974 on Marriage. In absolute competence of the Religious Court, namely Article 49 of Law No. 3 In 2006 one of them is "a statement about the validity of marriages that occurred before the Act No. 1 Year 1974 on Marriage and executed according to other regulations. With reinforced with Compilation of Islamic Law, and consideration mashlahah mursalah Court judge granted the petition Ithbat Religion remains Nikah marriage that occurred after the enactment of Law No. 1 Year 1974 on Marriage.]]>
<![CDATA[ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP ]]>
<![CDATA[Hurip Agustina]]>;
<![CDATA[Dadang Suprijatna]]>;
<![CDATA[Aal Lukmanul Hakim]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 2 (2016): JURNAL HUKUM DE'RECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v2i2.675
<![CDATA[Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.]]>
<![CDATA[HAK ASASI MANUSIA SEBAGAI BAROMETER HUKUM DAN GLOBALISASI ]]>
<![CDATA[Dadang Suprijatna]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 1 (2017): JURNAL HUKUM "DE'RECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v3i1.740
<![CDATA[Human rights as a barometer of the law in its formation is to see from the social phenomena that grow and develop in society that gave birth to social contract. Society is understood as the unity of separate individuals who build a personal bond before the emergence of society itself. The state's form of responsibility to its people is to create opportunities for people to gain their rights, as a form of contribution to the people as legitimate owners. The State can no longer ignore any form of any popular will, it is a Right that must be protected and gained great influence from other societies, including the international community globally, which can ultimately affect and / or become a barometer of globalization. Globalization is portrayed as increasing interconnection and social interdependence, politics, economy, law and culture of society behavior, but globalization has also resulted in diminishing the virtue of nation state even an important phenomenon that can not be avoided by anyone, any nation and any country, including Society, nation and state of Indonesia. For that it is fitting for the people and the Indonesian nation to be wary of the growth and development of Globalization that can damage the Mission of Pancasila as the Reject Measure the life of nation and state.]]>
<![CDATA[APPLICATION TRAFFIC MANAGEMENT TASK ]]>
<![CDATA[Mul yadi]]>;
<![CDATA[Rinto Yulianto]]>;
<![CDATA[t.n. syamsah]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 1 No. 2 (2015): JURNAL HUKUM "DE'RECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v1i2.456
<![CDATA[ABSTRACT In the exercise of police discretion, the Traffic Unit officers Bogor City Police guided by Article 18 paragraph (2) of Law No. 2 of 2002 on the Indonesian National Police "In the circumstances it is necessary to pay attention to laws and regulations, as well as the Code of Professional Ethics of Indonesian Police". One example of the application of police discretion were conducted by the Traffic Police Unit Bogor City to tackle congestion in the city of Bogor, especially at traffic light Bogor Palace is to regulate traffic density without referring to the traffic light. Identify the problem in research 1) How does the application of police discretion in setting tasks traffic? 2) What positive and negative impacts discretionary actions carried out by the police in traffic control? The purpose of this study are as follows: 1) To determine and analyze on the application of police discretion in setting tasks traffic, and 2) To determine and analyze the impact of the actions undertaken by the police discretion in the regulation of traffic. The research method used in this research is normative juridical approach that is used legis positivist concept which states that the law is identical with the norms made written and enacted by institutions or authorities. In addition this concept also saw law as a normative system that is autonomous, closed and detached from public life. The conclusion from this study is the adoption of police discretion in the task of traffic management needs to recognize the Professional Ethics of Police, as very fundamental and important and substantial influence on both the poor implementation of police discretion in the regulation of traffic. Keywords: Discretion Police, Traffic Management]]>
