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INDONESIA
DE'RECHTSSTAAT
ISSN : 24425303     EISSN : 25499874     DOI : -
Core Subject : Social,
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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Articles 271 Documents
DEBT SETTLEMENT EFFORT IN THE PERSPECTIVE OF DONATION OF DEBT PAYMENT OBLIGATIONS Izzy Al Kautsar
JURNAL HUKUM DE'RECHTSSTAAT Vol. 8 No. 1 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

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Abstract

Alternative that can be taken in overcoming the fulfillment of debt payments when running a business by a company by holding debt service obligations postponed. in essence, an alternative will lead the parties to resolve the problem of debt repayment, this alternative is effective and impartial, but in practice the debtor deliberately submits the postponement of the payment obligation in order to minimize his debt bills and creditors who deliberately did not accept the peace agreement, so the debtor was immediately declared bankrupt.
JURISDICTIONAL IMPLICATIONS OF LAW NO. 16 YEAR 2019 CONCERNING MARRIAGE ON MARRIAGE CONDITIONS Dyah Retno Pitasari; Gloria M. P Djurubassa
JURNAL HUKUM DE'RECHTSSTAAT Vol. 8 No. 1 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

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Abstract

This research is the normative juridical research with the approach of the legislation. The problems are how yuridical implication decisions the constitutional court against the requirements a marriage in law No. 1 year 1974 to license and how legal awareness in marriage in North Halmahera. The materially requirement about the ideal age it’s not enough to be understood by youth in North Halmahera, because there are still many early marriage. The formil requirements of marriage also are still highly scanty. The marriage only held in the church, and in fact the administration orderliness in civil registration has not been applied. Divorce rate is still experiencing an increase in North Halmahera. Apart from not yet adequate legal awareness of youth related the ideal age of marriage, the divorce also because of the recent escalation of corona virus that causes the economy of a family and cause divorce.
TRANSFER COMPANY IN LAW NUMBER 11 YEAR 2020 CONCERNING WORK CREATION RIZA FAHLAPI; Ario Fahmi Muhamad; Lukman Hakim; Adhi Lingga Harymurti; Baskara Agung Wibawa
JURNAL HUKUM DE'RECHTSSTAAT Vol. 8 No. 1 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

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Abstract

Outsourced companies as supporting companies in companies (service providers) in running their business for the management of Outsourcing (TAD) became very competitive after the issuance of Law Number 11 of 2020 (Job Creation) concerning manpower according to Law no.13 2003. The position of workers in this law includes the existing regulations on matters for amendments, deletions and additions in the work creation law. In carrying out their business, the outsourcing worker's work relationship is with the Employer Service Provider, which is placed at the Service Provider Company, which is regulated in more detail for their rights and obligations to the Placement Company where the worker is placed.
PROTECTION OF ADAPTATION ART EXPRESSION IN FILM COPYRIGHTS ACCORDING TO LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHTS Efridani Lubis; Sinta Elviyanti
JURNAL HUKUM DE'RECHTSSTAAT Vol. 8 No. 1 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

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Abstract

Adaptive film is one of creative works that protected under Law No. 28 Year 2014 of Copyright. Along with the process however, adaptive film creators are often facing grey area that fall into infringement others’ creation at the end. Most cases were the creators did not publish, whatsoever, the name of original creators which also considered as moral right. Although it seems an infringement at a glance, there needs a depth discussion further regarding substantial part of such creation that also contains creativity that also acknowledged and protected. Based on this consideration, this study focus on identifying adaptation process that comply with related regulations in Indonesia. The study used normative-legal approach based on study documents with regulations as primary legal resources. The analysis conducted through reviewing legal theories, concepts, and principles. The result of study shows that substantial-creative works that differ from its original work could be protected according to copyright law. While the infringement of original works could also process according to Law No. 11 Year 2008 of Electronic Information and Transaction as revised with Law No. 19 Year 2016.
IMPLEMENTATION OF ONLINE DISPUTE RESOLUTION (ODR) AS AN ALTERNATIVE DISPUTE RESOLUTION IN TOKOPEDIA Shella Oktaviani
JURNAL HUKUM DE'RECHTSSTAAT Vol. 8 No. 1 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

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Abstract

Settlement out of court by means of consultation, negotiation, mediation, conciliation, or expert judgment, along with the development of the times and technology that is rapidly emerging, online dispute resolution (ODR) is an alternative to online dispute resolution. This study aims to determine the concept of "online dispute resolution" (ODR) as an alternative dispute resolution and how it is applied in Tokopedia. The research method used in this study is a normative legal research method, using two types of data, namely primary data and secondary data. Data collection techniques and literature study.The result of this research is online dispute resolution (ODR) as an alternative dispute resolution using information communication technology in practice. It is carried out efficiently, quickly and easily. in dispute resolution. There is a need for specific laws and regulations governing the practice of online dispute resolution (ODR) in Indonesia in order to have legal certainty, and Tokopedia is expected to further improve online dispute resolution (ODR) services.
JURIDICAL ANALYSIS OF CENTRAL RELATIONS BETWEEN VILLAGE ADMINISTRATION AND BPD IN VILLAGE DEVELOPMENT Saliro, Sri Sudono; Karman, Karman; Firmansyah, Wahyu
DE'RECHTSSTAAT Vol. 8 No. 2 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v8i2.3646

Abstract

Institutional and government structures at all levels of government, village government must be directed to be able to create a government that is sensitive to developments and changes that occur in society. Therefore, a synergy relationship is needed between the village government, BPD, the community, and others to support village development. The focus of research is how the role of village government and BPD in village development according to Law no. 6 of 2014 concerning the Village in Sepuk Tanjung Village, Sebawi District, and what factors support the village government and the BPD in carrying out government relations in order to increase village development in the village. The results of the study concluded that the relationship between the village government and the BPD in the scope of development of Sepuk Tanjung Village has a very central role, but there are factors that become the village government and the BPD in implementing village development.
CULTIVATE ANTI-CORRUPTION IN ANTI-CORRUPTION MANAGEMENT IN INDONESIA Arifin, Afief; Nuravoy Sihotang; Ilham Septiani; Fatih Haramain; Febri Damayanti; May Riski Anita Rahayu
DE'RECHTSSTAAT Vol. 9 No. 1 (2023): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v9i1.8071

Abstract

Eradication  or covercoming of corruption in the modern is marked by the birth of a new institution called   the kpk,because government institutions called the kpk.based  on law number of the 2002 concerning the kpk,becaous government institutions that handle corruptions cases have not functioned efficiently,kpk with  all the functions and authorities given by law has worked and succeded in dismantling large cases of corruption within  government agencies that have been affordable by law enforcement.anti corruptions values and attitudes are needed in society so that anti corruption countermeasures are effective anda efficient,kpk must also cooperate all components of society such as;NGOS,the press and public figures in cultivating the anti corruption movement in the context  of anti corruption prevention  in Indonesia. The mode of corruption that used to be just’’greetings’’is how becoming more sophisticated as technology develops
PENDIDIKAN ANTI KORUPSI UNTUK GENERASI MUDA Ishak, dhafin riyasy; Jacynta Shalehafilah; Devina Mayra Purnama; M Dhika Adrian; Rasid Hidayat; Sri Rizka Novi Anggraeni M
DE'RECHTSSTAAT Vol. 8 No. 2 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v8i2.8073

Abstract

This article is entitled Anti-Corruption Education for the Young Generation, the younger generation can have anti-corruption properties, where corruption is a dangerous disease in our beloved homeland, the impact of this corruption is very large, because of that corruption is also categorized as Extra Ordinary Crimes, the impact is not only to the public, but also to the existing system in the government, broadly speaking we instill anti-corruption values in this article, as well as anti-corruption prevention methods such as education, and cultivating an anti- corruption mindset itself, we allrealize that corruption cases in Indonesia there are so many, in fact almost every day and every moment of corruption cases appear on the surface of our homeland, setting an inappropriate punishment is a feature of the breakdown of our government system, where all of it must be revised, and also the punishment for corruptors should be the most severe among the crimes committed. others, in order to create a deterrent effect and, prevent our young generation from committing acts of corruption.
EFFORTS TO PREVENT CRIME OF CORRUPTION THROUGH STUDENT PARTICIPATION IN THE CAMPUS ENVIRONMENT Sanjaya, Rian; Fika Fauzah; Ligar Larasati; Abdul Fahmi
DE'RECHTSSTAAT Vol. 9 No. 1 (2023): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v9i1.8074

Abstract

The problem of corruption in Indonesia, which is increasingly rampant, starting from the central government, regional governments, to the joints of student life in general, requires an effective eradication strategy. One that must be involved in preventing and eradicating corruption is students. Students must take an active role in preventing corruption. One thing students can do is carry out anti-corruption education to students in general. It is hoped that the process of prosecuting corruption cases carried out by the KPK coupled with the anti-corruption education movement is expected to optimize the process of eradicating corruption in Indonesia. Results: The role of students in preventing corruption is by conducting outreach about the importance of preventing corruption, holding seminars on preventing corruption by bringing in experts, holding discussions about corruption, speaking out to the government.
INCREASING GENERATION AWARENESS FOR ANTI-CORUPTIVE ACTION WITH CASE STUDY (ARDIAN NOERVIANTO) sevyanda mulyadi, bunga nazwa; Fajriatunnisa; Futri Imelda Latifah; Mouza Septi Pratama; Siti Nazwa Fauziah; Nabila Putri Sahri Ramadhan
DE'RECHTSSTAAT Vol. 9 No. 1 (2023): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v9i1.8076

Abstract

This tittle of this article is increase the young generation legal awarners to developing anti corruption behaviour through anti corruption education which is basically based on research about the student of faculty of Law Legal Awareness to Developing Anti Corruption Behavior in 2016. In general, the article discuss the problems of young generation knowledge about corruption, the corruption forms and anti corruption forms also about the young generation legal awareness to developing the anti corruption behavior. The empiric methods with the factual and concept approach use to solve those problems and describe in analytic description. The result of the research is young generation have a good knowledge about corruption, the forms of corruption and the forms of anti corruption from the simplets to the harder but this good knowledge did not followed by their legal awareness to developing anti corruption behavior. It means there is a weakness in the young generation mentally to developing anti corruption behavior. This situation describing the needed of anti corruption education for the young generation. Hopefully trhough the education will increase the young generation legal awareness to developing anti corruption behavior.

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