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DE'RECHTSSTAAT

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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.

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Articles 271 Documents

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THE EFFECT OF COMPETITION BETWEEN INDOMARET AND ALFAMART TOWARD THE EXISTENCE OF TRADITIONAL TRADERS BASED ON THE LAW OF BUSINESS COMPETITON PERSPECTIVE Tini Kartini
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Recently, there consists a rapid growth of Indomaret and Alfamart.so thateffects the existence of traditional traders. Research objectives are as follow; firstly, to understand and to analyze the effect of competition between Indomaret and Alfamart toward the existence of traditional traders. Secondly, to understand and to analyze the government’s effort to redeem the effect. Research methodology which used is the combination of normative law research and empirical law research methodologies. Research outcomes are as follow; firstly, the negative effect is the traditional traders suffer turnover decline which subsequently lowers their profits.. On the contrary, the positive effect is the competition stimulates the traditional traders to improve the qualities of their products, service, facilities as well as innovation so they could have competitive abilities; the traditional traders could create employment for other micro business scheme to endeavor those of UMKMs. Secondly, the government’s effort to redeem the effect of competition between Indomaret and Alfamart toward the existence of traditional traders, is the policy of local regulation which specifically regulates licensing, localizing, and zone along with the analysis of social-economic of local society, including the existence of traditional traders.

ENVIRONMENTAL POLLUTION AND DAMAGE CONTROL THROUGH MANAGEMENT OF LICENSING AT THE REGIONAL LEVEL Mulyadi Mulyadi; Fahrul Siregar; Inayatullah Abdul Hasyim
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The objectives to be desired in this study are to analyze and assess control to pollution and environmental damage through management of permits in Bogor Regency, and explain administrative claims for business licenses and/or activities that have already been revoked, if the business already has a business license and/or activity is not in accordance with Article 121 of the Environmental Protection and Management Law. One of the instruments in an effort to prevent pollution and environmental destruction is environmental permits, as stipulated in Article 1 point 35 of Law No. 32 of 2009 which is then regulated in Government Regulation No. 27 of 2012 concerning Environmental Permits. In this provision there are two types of permits, namely environmental permits. The research method used is an empirical normative juridical research method with the consideration that the starting point of the research is analysis of legislation governing licensing. The results of this study illustrate that environmental permits are one of the instruments in efforts to prevent pollution or damage to the environment, to realize the goals of environmental protection and management, especially in the use of the environment associated with environmental permits. Implementation and enforcement of permits will affect the pollution and damage to the existing environment. Therefore local governments are required to enforce environmental law in implementing policies or licensing related to the environment, even if various efforts need to be made, including revocation of licenses and use of criminal channels for those who do not heed destruction and pollution.

APPOINTMENTS OFARBITERS IN INDONESIAN NATIONAL BOARD OF ARBITRATION IN CIVIL CASEBASED ON LAW OF THE REPUBLIC OF INDONESIA NUMBER 30 OF 1999 CONCERNING ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION Ayi Nurjanah
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

This study aims to find out application and effectiveness of Law no. 30 of 1999 on the Indonesian National Board of Arbitration (BANI) of South Jakarta, especially regarding the mechanism of its implementation of arbitral tribunal elections and their impact on settlement of arbitration dispute on the institution, and to know the obstacles that hinder the success of arbitration. This research is normative juridicial with the approach of legislation and analytical approach. Data collection techniques are field studies through interviews with related parties. Research data consist of primary and secondary data. Primary data were obtained by direct interviews using structured interview guidelines. Meanwhile,, the secondary data obtained by reviewing documents and literature related to the object of research. Then such data is obtained and is analyzed qualitatively by explaining the problems as discussed in the thesis. From the results of the study, what can be concludedthat: (1) measures the election and appointment of arbitrators is proven effective due to its large impact on the settlement of the dispute so that it can be done more quickly than the general courts. (2) Based on the authority of the arbitrators, an effortto implement Law No. 30 of 1999 has been well implemented as stipulated in the regulation, but there are still factors that hinder the success of arbitration to BANI which come from the parties, arbitrator's inability, high cost of arbitration and public knowledge about unpopular arbitration institution.

LEGAL PROTECTION COPYRIGHT OF BULDING OF CULTURAL HERITAGE ARCHITECTURE (CASE STUDY OF ARCHITECTURAL ARCHITECTURE BUILDING IN CITY OF BOGOR) Nurwati SH., MH.; Jacobus Jopie Gilalo
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The change / delineation of buildings of cultural heritage architecture in Bogor City is not based on technical consideration, more on benefits and economics, and it is not in accordance / contrary to the provisions of Copyright Act No. 28 of 2014 on architectural works only allowed technical considerations. As the factor causing the nuance of the copyrighted works of cultural heritage architecture that many of the cultural heritage buildings that have moved from the first owner so that many in the total fox architecture of cultural heritage buildings that are also less effective legislation that brings people aware, because less socialization of legislation, the implementation of relatively light sanctions, lack of attention of local government in conservation efforts to the works of cultural heritage architecture. Due to the considerable cost. Efforts made to overcome the changes to the cultural heritage architectural work is to conduct good cooperation and coordination between institutions and related apparatus, to re-register and register in order to have the law, to give more severe sanction and firm, empower the buildings for example by way of functionalizing the building , increasing the role of architecture. This research is applicable law against culture heritage culture in Bogor city not yet implemented by law of Cultural Heritage and Copyright Act.

EFFECTIVENESS OF COLLECTIVE MANAGEMENT ORGANIZATION IN COLLECTIVE ROYALTIES OF MUSIC AND COPYRIGHT WORK ON KARAOKE BUSINESS ACHIEVEMENT BASED ON LAW NUMBER 28 YEAR 2014 ON COPYRIGHT Adi Juardi; Nurwati Nurwati
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

He effectiveness of Collective Management Organization (CMO) in charge royalties on business karaoke questionable, this relates to the birth of Act No. 28 year 2014 about copyright which regulate in particular the CMO. Because there are still many karaoke business which still has not fulfilled the obligation to pay royalties of works of copyright music and their songs (karaoke company) exploitation for commercial business interests. This research aims to: (1) know the role of business in addressing CMO karaoke that doesn't pay royalties, (2) know the effectiveness of CMO administering royalties on the karaoke business person under law No. 28 Year 2014, (3) knowing the efforts in improving polling CMO royalty on the karaoke business. This type of research is the Juridical Sociological (Empirical) approach to legislation as well as interviews. The results of this study showed that the effectiveness of the CMO administering royalties have not been effective because it is based on the theory of legal effectiveness Soerjono Soekanto. Efforts in improving the collection of royalties already attempted CMO. The conclusions of this research that is not yet effective because CMO factor law enforcement community and culture that Indonesia is still not law abiding. Her advice is a strict law enforcement and awareness of the law business karaoke should be improved so that effective in running in CMO.

OPTIMALIZATION OF SOCIAL SECURITY ADMINISTRATION (BPJS KETENAGAKERJAAN) TO ACCELARATE THE ACCESSABILITY OF HOUSING FACILITIES FOR LOW-INCOME PEOPLE ACCELERATING HOUSING FOR LOW INCOME PEOPLE (MBR) Endang Kawidjaya
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Housing for low-income people has become a problem that until now cannot be solved completely. Various programs have been launched but the number of backlog of housing continues to grow. One of the parties who take in-charge in this problem settlement is the BPJS Ketenagakerjaan program that launches additional programs related to the housing. The results of this study show the role of BPJS Ketenagakerjaan in Accelerating the Accessibility of Housing Facilities for Low-Income People with several programs such as down-payment facilities (PUMP), home renovation loans (PRP) and real estate construction loans. These programs will assist the government to settle this housing deficit although there has not been any prevailing rule and regulation which also has not reached entire nation of Indonesia due to it is limited to the members of BPJS Ketenagakerjaan. Therefore it is required to optimize the role of BPJS Ketenagakaerjaan to settle such housing deficit by understanding the prevailing rules and regulation and some related facilities including the application of leasing. The obstacle which inhibited by the BI Checking that can be solved by set up the new scheme to the potential debtors that so that they can as soon as possible live in their dream houses though still own difficulties in credit rate/BI-Checking. Then, as they change their credit rate they may purchase the house in the form of mortgage based on their capacity of income. To execute this, strong rules and regulation from the government as basis of the role of BPJS Ketenagakerjaan or “other LKNB”can also be active in this housing deficit problem with leasing scheme.

IMPLEMENTATION OF LEGAL ASSISTANCE IN CRIMINAL CASES IN CIBINONG DISTRICT COURT Sutan Surya Radonna; Dadang Suprijatna; J. Jopie Gilalo
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Legal aid is a legal sevice program provided to alleviate the burden of life for people who cannot afford financially, and is also useful to create justice and legal protection to society. This legal research is an empirical legal research or descriptive field research. The research is located at Cibinong District Court. Data collection techniques were conducted through interviews with Cibinong District Court judges and literature studies in the form of books, legislation, journals, etc. to support comprehension and completeness of data or materials. Problems in this Research are about implementation of the granting of legal aid to defendants who cannot afford financially in criminal cases and restricted factors towards implementation of granting legal aid to defendants who cannot afford financially in criminal cases. Based on the research results, and the discussion about the analysis of the implementation of legal aid to defendants who cannot afford financially in criminal cases, the implementation of the granting of legal aid can be done through courts, and Legal Aid Institutes (LBH) and directly in accordance with initiative of advocates who voluntarily willing to accompany the defendants. Factors restricting implementation of granting legal aid to defendants who cannot afford financially in criminal cases such as: factors in law enforcement, social and cultural factors, facilities and infrastructure as well. As recommendation, it high required to to courts and LBH to socialize procedures of free legal assistance to the defendants and what sanctions to parties who inhibit the implementation of the granting of legal aid to the defendants in criminal cases.

ARCHIVING OPTIMIZATION IN SAMSAT BOGOR CITY LINKED WITH POLICE REGULATION NOMOR 5 OF 2012 ON MOTOR VEHICLE REGISTRATION AND IDENTIFICATION Eka Sapari; Dadang Suprijatna; Mul yadi
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Regident Ranmor aiming for orderly administration, control and supervision of motor vehicles in Indonesia, facilitate investigations offense or crime, planning, operational management and traffic engineering and transport road and national development planning. Regident Ranmor include new Ranmor registration, registration of identity change Ranmor and owners, registration or registration renewal and endorsement Ranmor. In addition to these activities regident Ranmor also includes blocking Ranmor regident documents related crime, replacement and deletion of documents regident Ranmor Ranmor registration number. The research method is needed to collect the amount of material used to answer the juridical analysis. Based on the problem, the research method used in normative juridical reseacrh method that is legal conceived as norms, rules, principles or dogmas. Mechanism archiving in Samsat Bogor City related to the Police Regulatins No. 5 of 2012 on Registration and Identifications of Motor Vehicles include: (1) Acceptance of the archive, (2) Labelling aechives, (3) the Sustainer archives made by some archivist assigned to maintain and secure confidentiality archives, and (4) Depreciation archives, Obstacles in the archiving on SAMSAT Bogor city linked with police Regulation No. 5 of 2012 on Registration and Identification of Motor Vehicles include: (1) lack of understanding of the importance of archives, (2) Increase in volume archives continuous basis, (3) There has guidelines working procedures archival, (4) the use of archives by the manager or by other parties that require long periods of time, and (5) can not or difficult rediscovery archives quickly and precisely. To overcome the problems that exist in archiving in order not to harm the institution, while the steps that can be taken include: (1) Must use storage system, (2) Need for regulating lending procedures in addition to supervision / control and control right, (3) Expanding the storage space and streamline the room as well as the existing equipment, (4) facilities archives should be qualified and with the times, (5) regularly held the treatment and prevention of damage, (6) the clerk records should be eligible, (7) Including the archives in courses or educational and training of archival and use of sophisticated technology, and (8) Conducting regular depreciation and destruction of the archives has been unused.

THE PRINCIPLE OF THE USEFULNESS OF A WAQF OBJECT IN THE PERSPECTIVE OF NAZHIR PROFESSIONALISM BASED ON LAW NUMBER 41 YEAR 2004 ABOUT WAQF IN SUB-DISTRICT CIAWI AND SUB-DISTRICT MEGAMENDUNG BOGOR Siti Sulastri; Ani Yumarni; Sudiman Sihotang
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Realizing the expediency principle of waqf property, one of the efforts that be able to conducted is selecting and appointing nazhir that is conform the criteria and standards of professional nazhir competence. The purpose of study is to determine the criteria and professional nazhir competence in order to realize the expediency principle to assets of waqf in Ciawi and Megamendung district as well as to know the legal effect on waqf asset if nazhir not professional in managing and developing it. The approach method used in this research is sociological juridical (empirical), the law as a symptom of society, as a social institution or behavior that is pattern. Technical data collection used is through observation method, and interview method (interview). Based on results of research conducted by the author that the criteria and standards of professional nazhir competence is proficient, reasonable, law waqf understanding both Syariah and law, behaved as has been exemplified by the prophet Muhammad SAW namely sidiq, amanah, fathanah, tabligh, and possess skills and creativity not only in the field of syariah but law field, management and business. The legal consequences of the unmanaged asset of waqf in accordance to the legislation are the objects of waqf being displaced so that the management and its development can be taken over by the Badan Wakaf Indonesia, accordance to applicable laws and regulations

IDENTIFICATION OF RACIAL AND ETHNIC DISCRIMINATION ACCORDING TO LAW NUMBER 40 OF 2008 AND DISCRIMINATION WOMEN ACCORDING TO LAW NO. 7 OF 1984 IN CIVIL CODE Dardiri Hasyim
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

This research attempts to find forms of discrimination in the Act No. 40 of 2008, Act No. 13 of 2003, as well as Act No. 7 of 1984, and compare with Civil Code. Research using the method of librarianship. The results showed there are 19 articles in the Civil Code which is discriminatory. In the meantime there are 6 forms of discrimination in the Act No. 40 of 2008; and 17 form in Act No. 7 of 1984.

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