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INDONESIA
DE'RECHTSSTAAT
Published by Universitas Djuanda Bogor
ISSN : 24425303     EISSN : 25499874     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 257 Documents
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PERLINDUNGAN HUKUM PASAR TRADISIONAL TERHADAP PERKEMBANGAN TOKO MODERN DI KABUPATEN BOGOR Suryani, Danu; Roestamy, Martin
DERECHTSSTAAT Vol 2, No 1 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i1.658

Abstract

This study aims to determine the direction, obstacles and the best models in the legal protection of Traditional Markets in Bogor. The local government has implemented several programs such as modernization and markets building systems of Modern Stores also published Regulation No. 11 Year 2012 about structuring and development of Traditional Markets. The program wasn’t appropriate in the view of modernization market bulding  as well as local regulations put Traditional Market in hard position as well as the rent price isn’t affordable  for small traders and it can erode the local wisdom, it seems like suspending the failure of traditional market. The study concluded that the legal protection for both traditional market today is a model of traditional market-based that not only develops Traditional Market physically, but also can protect the local wisdom, values or cultural norms in Traditional Markets and lead Traditional Market as a place for the Farmers and local SMEs to display agricultural products, so that the traditional market can be a venue for sightseeing and socializing as well as supporting the development of Farmers and local SMEs and do not intersect with Modern Store.
ANALYSIS AGAINST ARREST SUSPECT IN POLICE REGULATION NO. 14 YEAR 2012 ON THE CRIME INVESTIGATION MANAGEMENT (CASE STUDY IN NORTH BOGOR POLICE) Suprijatna, Dadang; Wardana, Indralis; Siregar, Fahrul
DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i2.414

Abstract

ABSTRACTThe method used in this thesis is a normative juridical research that is the approach that uses the concept of positive legality 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. For the purposes of the investigation, investigators at the behest of investigators authorized to make arrests also for the sake of the investigation, the investigator and the investigator maid authorities make arrests. Arrest order made against a person who alleged a criminal offense based on sufficient preliminary evidence. Execution of tasks arrests were made by police officers of the Republic of Indonesia by taking into account the Letter of Assignment and gives an arrest warrant that lists the suspects identity and mentions the reason for arrest and brief descriptions of crimes that presupposed and place in check, in which case caught arrests made without warrants, provided that the catcher should be immediately handed caught and existing evidence to the investigator or the investigators closest aides, ransom arrest warrant should be given to the family immediately after the arrest is done, can be done for a maximum of one day. The conclusion of this study are 1) The arrest of the perpetrators of the process by members of the police force North Bogor Police first is the start of the search for information, arrest / raids, searches of perpetrators, confiscation of evidence to facilitate the examination of the offender. 2) Barriers experienced by members of the North Bogor Police in the execution of the arrest of a criminal offense (a) Lack of cooperation between the police (investigators) to the public; (b) Perpetrators of the crime of removing traces of the crime; (c) Limited facilities and prasarana.yang owned by North Bogor Police; (d) .Terbatasnya human resources (police) to uncover a crime. 3) Efforts by the North Bogor Police to overcome the obstacles in the process of the arrest of perpetrators of criminal acts as follows: (a) Fix yourself to socialize paradigm shift to community policing. (b) Provide an opportunity for the whole society to provide input to the North Bogor Police. (c) Guidance personnel are able to provide persuasive measures. (d) Propose to the City Police Bogor on procurement operational support facilities.
POLITIK HUKUM SUMBER DAYA AIR DI ERA GLOBALISASI Surachman, Agus
DERECHTSSTAAT Vol 3, No 1 (2017): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i1.711

Abstract

Great mercy and infinite value has been given by God for the creatures on earth, one of which is water, water is basic need for humans because water is the source of life for all living things. Water should be used excessively let alone become a commodity economics without limits, because the water supply is limited, but people often use them without limit, greed and lust enrich themselves lead to exploration of a large scale that makes the damage and loss of balance of natural resources. Globalization has swept across the world, insulation-partition the country into a vague, with free trade seemed about the welfare of the world, though many will doubt it. Britain exit (Brexit) case and the election of Donald Trump as the new President of the United States is reason to question the success of globalization. For that legal arrangements of water resources or the so called “constitution of water resources“, that the law governing resources must not conflict with article 33 paragraph 3 of  the 1945 constitution, said, “the resources of the earth’s natural land, water and natural resources contained therein controlled by the state for the welfare of the people“. Means that water should not be controlled by private for trade to seek maximize profit.
ANALISIS YURIDIS FORUM KEMITRAAN POLISI DAN MASYARAKAT DALAM PENYELESAIAN MASALAH MELALUI MUSYAWARAH BERDASARKAN SKEP KAPOLRI NO. : SKEP/737/X/2005 TENTANG KEBIJAKAN DAN STRATEGI KEPOLISIAN (Studi Kasus Polsek Bogor Utara) toso, San; Suprijatna, Dadang; Gilalo, J. Jopie
DERECHTSSTAAT Vol 2, No 2 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i2.676

Abstract

As a barometer of political stability, defense and security. Development of policy and strategy leadership of the Police on community policing (community policing) as a follow up of National Police chief SKEP No. Pol .: SKEP / 737 / X / 2005. The program is intended for the police closer to the community so that people are encouraged / motivated to cooperate with the police in assisting the principal task of the police to create security and order (security and public order). Identification of problems in this study were 1) How the duties and functions of the Police and Community Partnership Forum in resolving conflicts in society, 2) Any barriers and Efforts faced by Police and Community Partnership Forum in resolving conflicts in the community The purpose of this study was to determine the duties and functions FKPM, barriers, and efforts to resolve conflicts in society. In writing this essay, the writer used descriptive analytical research. This research method 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. Results of this study concluded that the duties and functions of the Police and Community Partnership Forum in resolving conflicts in society in order to realize the maximum and community policing has not yet impact on the increasing public perception of the police. The direct impact of the policy community policing in all areas is simply the birth of the board-board FKPM. In terms of implementation, it appears less optimal competence of officers in the police station and police station level. Instructive culture within the police, which was adopted from the military norm policing policy making by officials on the ground is seen more as a mere implementation of new tasks rather than the improvement of quality of service.
APPLICATION TRAFFIC MANAGEMENT TASK yadi, Mul; Yulianto, Rinto; syamsah, t.n.
DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i2.456

Abstract

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
EFFECTIVENES OF THE ROLE OF BOARD OF COMMISSIONER IN PREVENTING CORPORATE SCANDAL: CASE STUDY OF PT MERPATI NUSANTARA AIRLINES Erbiana, Nyi Mas Gianti Bingah
DERECHTSSTAAT Vol 4, No 1 (2018): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v4i1.1236

Abstract

Corporate scandal resulted from bad consideration and weak analysis to create management decision in running company’s business. This paper discusses the supervisory role and function of supervisory board which is begun with the establishment of corporate supervisory function system from two corporate supervisory system in the world: Two-Tier Baord and One-Tier Board. In addition, this paper also explains connection between such supervisory function with the corporate scandal of PT Merpati Nusantara Airlines. Moreover, this paper examines related matters related to significant distinctions between response towards the corporate scandal based on the corporate management supervision. In conclusion, this paper addresses what can we learn from the corporate scandal of PT Merpati Nusantara Airlines and also whether supervision model by board of commissioners are still relevant to control the performance of the company.
ACT OF INFORMATION AND ELECTRONIC TRANSACTIONS IN SOCIOLOGY PERSPECTIVE Satory, Agus
DERECHTSSTAAT Vol 3, No 2 (2017): Jurnal HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i2.956

Abstract

The development of information and communication technology has also caused world relations to become borderless and cause significant social, economic and cultural change to take place so quickly. Such rapid advances in information technology have contributed greatly to the development of the world of information and electronic transactions. However, it can not be denied that such great progress on one side brings benefits to humanity, but on the other hand it can also bring harm to humanity. The provisions of Law Number 11 Year 2008 in conjunction with Law Number 19 Year 2016 on Information and Electronic Transactions in the perspective of sociology is due to the will to meet the legal needs of the community, including laws that reflect the cultural values of a nation (latency) . Where many events show that people demand different ways of interception and threats of defamation that are considered too heavy so that sanctions to the treatment of offenders is considered more severe than the actions done.
CRIME OF MONEY LAUNDERING AND MODUS BUSINESS LAW IN PERSPECTIVE Lukmanul Hakim, Aal
DERECHTSSTAAT Vol 1, No 1 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i1.410

Abstract

ABSTRACT  Advance in science and technology today is an advancement of human civilizations that affect all aspects of life, include the growing and the diverting motifs and forms of crime increasingly. Along with the progress, the business area was not immune used as a means of committing a crime by the offender, one of them is money laundering that harness of advances in technology and the progress of the system that contained in the business area, such as the use of sophistication and to make ease of banking transactions, and other of business activity forms. Proportional to this, various efforts have been undertaken to prevent and to make the space narrower for the perpetrators of this money laundering, particularly by establishing a legal system in the business area that can eradicate the white -collar crime, both national and international research. Keywords: money laundering, modus, business law
PARADIGMA HAK KEBENDAAN KEPEMILIKAN SARUSUN YANG DIBANGUN PADA LAHAN HAK GUNA BANGUNAN Roestamy, Martin
DERECHTSSTAAT Vol 2, No 1 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i1.679

Abstract

Of the title "The Legal Paradigm of the properties on the strata title ownership built above the land with the Right to Cultivate Ownership" research objectives to    be at said is knowing why the legal construction of the right material from the strata title built on land rights, attached to the Rights of material the building as common property rights and know how reconstruction material rights on the Strata titles  built on building rights or rights of use that reflects justice and legal certainty. With the concept of methodologies theories and research approaches, as well as of the problems of this study concludes that there are a couple of things. First by sticking the land rights of the unit, then Strata titles have a dependency on the bottom right HGB as with all buildings owned and also can weaken the property rights of apartment units as the strongest and most, but became assessors of HGB. This situation raises a negative implication in the community and has created legal uncertainty and considered unfair, weakening the material rights of Strata titles caused dualism applicable law, the law of the land, building law and the law of objects. It affects the mutual intervention and debilitates the material rights as stipulated in the rules of the law of things, namely; droit de suite, droit de preverent, and droit de levering. In construction law, state that debilitates the legal certainty and justice, it can be reconstructed from the perspective of the development of the legal system of the building against the law of the land, or to the development of HGB as of right down with some simulations and restoration of existing government regulations, or reconstruct the principal laws agrarian related lease rights, land rights, and the rights of use by developing existing government regulations become law, so the law on the new ground by adding the rights of others. In a reconstruction of the law of the land, which is more competitive and create legal certainty and fairness.
IMPLEMENTASI HUKUM PERUMAHAN SEBAGAI USAHA PERCEPATAN PENGADAAN RUMAH BAGI MASYARAKAT YANG BERPENGHASILAN RENDAH (MBR) Sihotang, Sudiman
DERECHTSSTAAT Vol 2, No 1 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i1.659

Abstract

 In the preamble of the two basic considerations Act No. 1 of 2011 on  Housing  and  Region Settlements (Act PKP "That the state is  responsible for protecting  all Indonesian  citizens through the  implementation of housing and residential areas so  that people  can  live and  occupy decent housing and affordable in the housing healthy, safe, harmonious, and sustainable in all regions of Indonesia. "Although the regulations with regard to the procurement of low-income housing has  been  a lot made, but the fact still occur backlog (number gap between the need and availability of home) as contained in the  Strategic Plan of   the Ministry of  Public Works and public housing in 2015-2019 which states that until 2014, the remaining backlog of as many as 11.4 million homes. this reflects the need to optimize housing law to accelerate the supply of homes for low income people (MBR). by using the methodology and theories from the academic side, the present study was designed to find out why the housing law has  not  been effective in an effort to facilitate  access to home ownership for MBR and also to know how to optimize housing law to facilitate  access  to home ownership for MBR. Therefore the targeted outcomes of this study apart from a Dissertation (draft dissertation) approved supervisor, scientific publications in journals of international repute and enrichment of teaching materials on the subject property law in Indonesia that is taught at the Faculty of the University of Djuanda Bogor. This study also we target to become an academic paper for the improvement of relevant legislation Property in Indonesia

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