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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 271 Documents
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ANALYSIS OF DIGITAL TAX IMPOSITION BASED ON THE GENERAL AGREEMENT ON TRADE IN SERVICES Sekar Poetry Mahardhika; Anugrah Adiastuti; Siti Muslimah
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.12810

Abstract

Trade liberalization has consequences with the opening of global market access widely.. Along with the development of the era, international trade activities have begun to move towards the digital economy, one of which is reflected in the practice of digital multinational companies (digital MNEs). State revenue with the potential of the digital economy has also increased, where in 2023 the value of Indonesia's digital economy will reach US$82 billion. This study aims to identify the implementation of digital taxation on digital multinational companies in terms of GATS provisions. This paper uses a prescriptive legal research method using a statutory approach which in this case examines legal regulations relating to the imposition of digital taxes in international trade practices. The results of the study indicate that the imposition of digital taxes on multinational companies as per the concept of the Two Pillars of Tax Policy can be classified as a form of NTB. However, if the digital taxation policy that will be implemented in Indonesia has been adjusted to the idea of ​​the OECD Two Pillars of Tax Policy Concept, it is hoped that it will not conflict with the rules or principles of international trade, especially in GATS.
REGULATORY MAPPING AND REVIEW FOR THE PURPOSE OF ANALYSIS AND EVALUATION OF LEGISLATION WITHIN THE MINISTRY OF MARITIME AFFAIRS AND FISHERIES Gyrisha; Trijono, Rachmat; Aminulloh, Muhammad
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Regulatory reform is a priority program as stated in the strategic plan and work plan of the current Government. The urgency of regulatory reform is based on the condition of national regulations that are hyperregulated, inconsistent, disharmony (vertical and horizontal). Regulatory Mapping and Review (RMR) is an innovative tool that can be used to assess the quality of a large number of regulations. It is expected to be able to support regulatory reform programs. In RMR, the analysis and evaluation method uses qualitative and quantitative approaches. RMR can, in fact, help improve the quality of regulations within the Ministry of Maritime Affairs and Fisheries. The stages in RMR begin with an inventory, mapping and review/analysis of a large number of regulations, which outputs in the form of recommendations to the Ministry of Maritime Affairs and Fisheries in improving regulations that are considered problematic or formulating regulations that will be issued, making it easier for the Government to produce quality regulations and be effective in their implementation. On the other hand, RMR in fact supports efforts to simplify the number of regulations, so that an ideal number of regulations can be produced in accordance with needs, without conflict both vertically and horizontally and in an efficient and effective manner.
CHEMICAL CASTRATION AGAINST PEOPLE SEXUAL VIOLENCE AGAINST CHILDREN Hartanto
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.12956

Abstract

Cases of sexual violence against children increase every year in Indonesia. Based on data from the Ministry of Women's Empowerment and Child Protection (Kempppa), the total number of children who were victims of sexual violence from 2019 to 2021 increased. From 2019 to 2020, cases of sexual violence against children increased to 6,980 cases, then from 2020 to 2021 there was another increase to 8,730 cases. This study aims to determine and analyze the imposition of prison sentences for perpetrators of sexual intercourse with children in Indonesia; about chemical castration for perpetrators of sexual violence against children in Indonesia; about children as victims of sexual violence against children. The research method used is normative juridical which is sourced from secondary data, the material legal analysis is qualitative. The results of the study found that the imposition of prison sentences for perpetrators of sexual intercourse with children is threatened with a minimum prison sentence of 5 (five) years to the death penalty (in certain cases), as well as how many additional chemical castration sentences meet the requirements as decisions that cannot be accepted by human reason. Sexual violence against children is a criminal act regulated in several Constitutions and other laws in Indonesia. The punishment of chemical castration is a decision that has become positive law, but several parties consider it inhumane, including the statement of Komnas HAM.
THE EXCLUSIVITY OF MUSIC/SONG CREATORS IS GUARANTEED BY COPYRIGHT LAW NUMBER 28 OF 2014 Rumatiga, Hidayat; Aminulloh, Muhammad; Nurwati; Yumarni, Ani; Devi, Sylvia Haura Carolina; Kelutur, Suparlan
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.13427

Abstract

There is a misunderstanding from the user's perspective that musicians are people who need recognition and need money. In fact, musicians really want the exclusivity of musicians guaranteed by law, because the law is biased. In article 9 of the Copyright Law, every use of copyrighted creations that contain commercial use must obtain permission from the creator. Paragraph (3) all people who do not have permission are prohibited from reproducing or obtaining commercial use. This study aims to examine and analyze the exclusive rights of music or song creators guaranteed by law. This study is empirical juridical with sample selection using random sampling and purposive sampling techniques that are adjusted to the selected sample. The data studied include primary data, namely data obtained from information obtained from interviews with related parties from LMK, and secondary data is data that supports information or supports the completeness of primary data, then analyzed descriptively qualitatively. The results of the study indicate that the exclusivity of song/music creators is to obtain moral rights, economic rights and transfer rights. Creators who own creations must obtain benefits from their creations, so if they do not obtain them, legal protection is needed.
LEGAL POLICY OPTIMIZING PREMARITAL GUIDANCE AS AN EFFORT TO REDUCE DIVORCE RATES Husein, Saddam; Yumarni, Ani; Ma’arif, Rizal Syamsul; Qolyubi, Asep Thobibuddin; Syabanti, Siti; Khairiyyah, Fitriani Hasna
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.13428

Abstract

The high divorce rate in Indonesia, especially in the Bogor Regency area, indicates that there is still a need for special attention from the Ministry of Religion to reduce the divorce rate. There were recorded 6,261 divorce cases throughout 2023 which occurred in the Bogor Regency Religious Court area. Efforts and strategies to reduce the divorce rate have been Many things are done, one of which is by holding pre-marital guidance for prospective brides and grooms who are about to get married. The aim of this research is to provide recommendations regarding the optimization of pre-marital coaching to create an eternal household. This research uses qualitative methods with stages of reviewing laws, observation, interviews, questionnaires, analysis and conclusions. The results of research on pre-marital guidance must first become a necessity and obligation and provide strict sanctions to prospective brides and grooms who do not follow pre-marital guidance. Second, pre-marital coaching for all candidates is attempted to be carried out for 16 hours of study in order to achieve the ideal target of coaching. Third, guarantee the availability of pre-marital guidance books and provide and require prospective couples to read them to completion before the marriage contract takes place.
THE INFLUENCE OF DIGITALIZATION IN THE RISE OF BULLYING CASES IN COMMUNITY ENVIRONMENT Mulyadi; Farandy, Farrel; Nusa Prawira, Rio; Tsuraya Rasmawan, Ariq; Ahmad Rizal, Sultan; Ahmad Ardhika, Wafiy; Halky Syahrir, Fabhian
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

In the era of digitalization, of course technology plays a big role in making it easier for people to carry out their activities by providing fast access to information, but behind the convenience provided by electronic media, there is a negative side as a result of using electronic media in an unwise way, one of which is behavior. Bullying is someone's aggressive treatment of another person by insulting, threatening and intimidating, causing psychological disorders to the victim. In the era of digitalization, this bullying case also extends to using electronic media for the perpetrator to insult and hate someone via social media or what is called cyberbullying. This research uses a literature study method, carried out by reading, collecting, reviewing various books, related journals, laws and other writings. In this digital era, bullying is no longer limited to direct physical interactions, but also reaches the virtual realm. Social media, instant messaging platforms, and online forums have become a means for bullies to spread content that demeans, insults, and intimidates their victims. Therefore, in the era of digitalization, as a good user of electronic media, you should be able to behave well both in real life and on social media.
OPTIMIZING SUPERVISION OF EXPIRED FOOD DISTRIBUTION TO ENSURE FOOD SAFETY FOR THE BOGOR COMMUNITY Diva, Savanna; J. Jopie Gilalo; R. Djuniarsono
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Peredaran pangan kedaluwarsa menjadi isu penting dalam konteks kesehatan masyarakat karena dapat berpotensi mengakibatkan risiko kesehatan yang serius bagi konsumen. Maka dalam peredaran pangan di masyarakat dilarang mengedarkan pangan kedaluwarsa yang berpotensi merugikan konsumen. Dengan menganalisis langkah-langkah yang telah dilakukan serta mengevaluasi optimalisasinya, penelitian ini bertujuan untuk memberikan rekomendasi yang dapat meningkatkan pengawasan terhadap peredaran pangan kedaluwarsa. Rekomendasi tersebut meliputi perbaikan dalam sistem pelabelan, peningkatan kesadaran masyarakat tentang pentingnya memahami tanggal kedaluwarsa, penguatan inspeksi terhadap produsen pangan, dan peningkatan kolaborasi antara BPOM dengan instansi penunjang lainnya. Hasil dari penelitian ini dapat memberikan kontribusi pada upaya pemerintah dalam meningkatkan keamanan pangan bagi masyarakat, dengan memberikan landasan bagi perbaikan sistem pengawasan peredaran pangan kedaluwarsa di Indonesia.
JURIDICAL ANALYSIS OF INFORMATION TECHNOLOGY BASED LENDING AND BORROWING IMPLEMENTATION BASED ON FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 10 /POJK.05/2022 Silitonga, Perdy; Nurwati; Sihotang, Sudiman
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

The increasing use of information technology, especially electronically, has had an impact on the development of money lending and borrowing services that utilize technological networks, no longer only done face-to-face like conventional banks, but can be done remotely using electronic media. The aim of this research is to analyze the implementation of money lending and borrowing and find out the obstacles in the implementation of money lending and borrowing that utilize technological networks and how to overcome them. In implementing electronic lending and borrowing transactions, there is still fraud or misuse of data, even though the government has regulated electronic lending and borrowing in such a way. In its application, the method used is a notmative juridical approach by applying literature studies and statutory regulations using comparative legal methods. For this reason, the research results show that implementing information technology-based money lending and borrowing is indeed very easy, but in reality there are still many obstacles in utilizing other people's data. For this reason, it is necessary to add provisions regarding lending and borrowing in transactions, namely the obligation to carry out re-verification before disbursing funds or carrying out transactions to show that the person carrying out the transaction is the party carrying out the transaction or the same person at the time of initial registration. Specifically, the contract contained in the endowment pledge is a category of tabarru' (voluntary act) contract which in turn has a meaningful relationship with trust.
ANALYSIS OF DISTRICT RULES OF KOTA BOGOR CITY NUMBER 10 YEARS 2021 ON HARASSMENT AND COMBATING SEXUAL DEVIANT BEHAVIOR Najwa Havita, Deandra; Aridhayandi, M. Rendi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Western culture is not in accordance with the laws and norms that apply in Indonesia, especially the city of Bogor. The community participated to be able to influence government policy through mass demonstrations that occurred in 2018, to stop the spread of sexual deviant behavior such as harassment and LGBT. The aim of this research is to find out how Bogor City Regional Regulation Number 10 of 2021 can regulate harassment and combat sexual deviant behavior. This research methodology uses a qualitative research approach where qualitative research as a scientific method is often used and carried out by a group of researchers in the field of social sciences, including law. The research results show that this regulation contains articles that result in the law not being based on evidence-based policies. According to ICD-10 (International Classification of Disease) or the Health classification made by WHO (World Health Organization) states in point F66 that "sexual orientation itself should not be considered a disorder" and the ICD also states that transgender is not a mental disorder. All forms of deviation mentioned in this regulation in article 6 are crimes that do not cause victims. Crimes are evil acts that must cause victims and the victim is someone else and not oneself who is the victim. So it cannot be said to be a crime. If it is said that sexual deviation is behavior that is not consensual or involves violence, then this can only be said to be sexual deviant behavior, but apart from sexual deviation that is carried out with consent and in the private sphere, then this is an element of violence. privacy that the state has the right to protect and everyone has the right to their own privacy.
ANALYSIS OF BOGOR CITY REGIONAL REGULATION NUMBER 11 OF 2019 ABOUT THE MANAGEMENT AND EMPOWERMENT OF STREET VENDORS Syafira, Eva Lusiana; Rumatiga, Hidayat; Ilyanawati, R. Yuniar Anisa
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

The government has issued Bogor City Regional Regulation Number 11 of 2019 concerning the Arrangement and Empowerment of Street Vendors.   As we know, the sidewalks on Jalan Merdeka are still filled with street vendors ranging from drink and food sellers and clock repair workers lining the sidewalks along Jalan Merdeka which leads to Red Bridge. As a result of all this, many pedestrians who were walking on the sidewalk had to move to the side of the road, because many street vendors' carts were blocking them. from this research to determine the role, supporting and inhibiting factors as well as the efforts made by the Civil Service Police Unit in controlling street vendors on the sidewalk of Jalan Merdek which leads to Red Bridge. The research used was descriptive qualitative with an inductive approach. Data collection was carried out through interviews, observation and documentation. What is obtained from this research is that the Bogor City Civil Service Police Unit has carried out its role well. The supporting factors for the Bogor City Civil Service Police Unit in controlling street vendors on Jalan Merdeka are having a clear legal basis and good relationships with other agencies. The inhibiting factors include a lack of awareness of street vendors and the community, the absence of clear legal sanctions, limited operational budgets, poor conditions of facilities and infrastructure. The efforts made by the Bogor City Civil Service Police Unit include carrying out additional outreach, maximizing members in every activity, and improving existing facilities and infrastructure.

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