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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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PARADIGMA HAK KEBENDAAN KEPEMILIKAN SARUSUN YANG DIBANGUN PADA LAHAN HAK GUNA BANGUNAN Martin Roestamy
JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 1 (2016): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

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.

DISPUTE SETTLEMENT OF INDUSTRIAL RELATION OF PT. HAENGNAM SEJAHTERA INDONESIA IN THE MEDIATION STEP OF DINAS TENAGA KERJA OF KABUPATEN BOGOR Omon Remen; Endeh Suhartini; ani yumarni
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Importance of law development Indonesia especially about law of labor will bring a positive issue for industriaI people. Industry as a one of economic center should have regulation to resolve conflict happens within production process. This research is to know the solution of industrial relation conflict which is done by labor union, based on Law No. 2 of 2004 about Industrial Relation Dispute Settlement, to advocate dispute The method for this research is by using normative empirical approach towards Laws and regulation, or literatures and field study to one of the private companies in Kabupaten Bogor. Conclusion of this research is that procedures to settle the dispute of industrial relation done by labor union in accordance with Law No 21 Tahun 2004 are: 1) Bipartite negotiation. 2) Authorized institution of manpower (mediation, conciliation, and (arbitration). 3). Industrial Relation Courts

IDEAL CONDITION OF THE CRIMINAL JUSTICE SYSTEM IN AN EFFORT TO DERADICALIZE THE CRIMINAL ACT OF TERRORISM TO ACHIEVE SUBSTANTIAL JUSTICE Muhammad Taufiq
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The purpose of this study is to examine how law enforcement and prevention efforts and Deradicalisation of terrorism acts in the perspective of Human Rights, Local Wisdom, and realizing a Substantial Justice Criminal System in Indonesia. The approach method used in this scientific work is the normative juridical approach method. With the presentation of data qualitatively. This study emphasizes that the law as a means of law enforcement in Indonesia, especially in the enforcement of Law on Combating Terrorism Crime. The result of this research is that it can be concluded that local wisdom in communal society can be used as media to optimize and strengthen the role of society in countering radical groups and terrorists can be an option to minimize the negative effects caused by the approach of security (hard approach).

THE EFFECTIVENESS ARRANGEMENTS OF THE GENETIC ENGINEERING USE ON CORN FOOD PRODUCTS EVENT MON 87427 Ajeng Famela; Efridani Lubis
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The development of science and technology has triggered the use of genetic engineering in food, one of them is in the corn event MON 87427 which is tolerant to glyphosate herbicide. However, it makes ambivalence because on one side the use of genetic engineering offers many advantages but on the other hand the genetic engineering potentially keeping concerns about its safety for human health as well as the environment. The aim of this study is to protect consumers from insecurities of genetically modified food products. The method used in this research is Juridical Normative, data collection techniques used is by through literature research methods, interviews and comparative approaches.Based on the results of the research, the measurement of the safety level of genetically engineered products (PRG) includes the assessment of genetic information, substantial equivalence, allergenicity and toxicity. The regulation on the use of genetic engineering in PRG does not accommodate the halal status of the product in terms of the MUI fatwa that the results of corn PRG event MON 87427 are not halal, so that the lack of effective regulation has an impact on the protection of Muslim consumers in particular. Preventive legal protection focuses on the assessment of food and labeling which in reality there is no product labeled by the PRG, so legal repressive protection is accommodated by Article 79 of Law Number 18 of 2012 concerning Food that will be given administrative sanctions.

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

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 Agus Satory
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

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.

REGULATION OF NON SMOKING AREAS IN LOCAL GOVERNMENT REGULATION Danu Suryani; Endeh Suhartini
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Non Smoking Area (NSA) is a policy that is made considering that cigarettes are a type of addictive substance which if used can cause harm to the health of the individual or to the surrounding community. Certainly at a glance smoking in a public place does not look like a crime, different from pickpocket, robbery, and other violent crimes, but exposure to cigarette smoke can affect the incidence of disease and even kill all people even. Ironically, passive smokers carry more risk than active smokers or perpetrators. On the other hand public places are considered as free expression areas including smoking. Therefore, the central government up to the regional government stipulates and implements the NSA Policy. The study carried out in Bekasi City by conducting the Normative Juridical Study, Jurisdiction of Sociology, Philosophical Juridical Study and Juridical Comparative Study (Comparative Research of Law), this study produced a concept of regional regulation that can be scientifically used in Bekasi City

INFLUENCE OF LEGAL AWARENESS EDUCATION PASSES CROSS ON TUDENTS AGAINST TRAFFIC ACCIDENTS IN BOGOR CITY POLICE BASED ON LAW NO. 22 OF 2009 ON TRAFFIC AND ROAD TRANSPORTATION Devyra Pravitasari; Ani Yumarni; Inayatullah Abd. Hasym
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Traffic is education through direct practice. In contrast to education in schools or upgrading which only emphasizes the planting norm verbally. Many students in the city of Bogor who do not know the ethics in traffic. If this continues, the number of accidents will continue to rise. Thus indispensable integrating traffic ethics education into the school curriculum so that the students know and apply traffic ethics. Provision of material ethics not only ethics in everyday life, but also traffic ethics material delivery is also very important for safety in road traffic. The fate of our nation is in the hands of young generation, thus expected our nation better and comply with the law. Legal research is a process of finding the rule of law, principles of law, as well as legal doctrine in order to address the legal issues at hand. The conclusion from this study is Increased legal awareness of traffic to the students of Bogor City through education traffic based on Law Number 22 Year 2009 regarding Traffic and Road Transportation conducted Unit Dikyasa Police Bogor City is to run learning programs traffic theoretically about safety traffic. The program is carried out with the planting of knowledge about traffic safety in the classroom, giving a brief training, simulation, and workshops, then students can practice it when he left and came home from school. In addition Dikyasa Unit Bogor City Police to raise awareness of traffic laws against students Bogor implement: a) Socialization of Law Number 22 Year 2009 regarding Traffic and Road Transportation; b) traffic education to educational institutions; c) Police go to campus; d) safety program ridding; e) Saka Bhayangkara traffic, and f) Installation of banners orderly traffic in the streets, government agencies, and educational institutions. of traffic education programs on legal awareness of high school students in the city of Bogor is a reduction in the level of traffic offenses committed by students as well as the declining number of traffic accidents among students, as well as increased compliance and understanding of students about the signs, markings and traffic ethics.

LEGAL ANALYSIS AGAINST SEX GRATIFICATION ON COURT DECISION NUMBER: 87 /PID.SUS /TPK /2013 / PN.BDG Ade Destyani; Jopie Gilalo
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Gratification in criminal law in Indonesia is a gift in the broad sense of discounts, commissions, interest-free loans, travel tickets, and other facilities as a mode to influence a policy that is contrary to its duties and obligations as a public servant or state administrator. Giving is no exception, including the provision of services in the form of sex. However, in Law Number 20 Year 2001 concerning the Eradication of Corruption, the enforcement of categorized gratification law on difficult law enforcement, as its proof is bound by laws and regulations concerning the law of evidence, therefore this type of corruption is not can use the conventional legal system. The alternative to overcome the limitations of Law Number 31 Year 1999 in conjunction with Law No. 20 of 200 on Corruption Eradication of Gratification of sex law is to fill the legal vacuum by using the authority of judges during the examination of cases in court. Court verdict Number: 87/ PID.SUS /TPK /2013 PN.BDG found the fact that one of the witnesses in the court provided information that the defendant requested sexual services every Thursday or Friday night, but in legal considerations the fact was not considered, it can be used as evidence against the defendant. The authors, judges in giving consideration of the decision need to elaborate, examine and examine more deeply the facts about the sex gratification associated with the explanation of Article 12 B paragraph 1. For the long term also need to absorb Islamic law as solving the problem of sexual gratification so that found the right solution in legal reform in Indonesia

CONSIDERATION OF PANEL OF JUDGES IN THE CASE OF JOINT PROPERTY AGREEMENT TOWARDS POLYGAMOUS MARRIAGE INRELIGIOUS COURT OF CIBINONG CLASS 1B Gina Yunita
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

A man who has more than one wife is called polygamy. A polygamy often creates legal uncertainty about joint property. The purpose of writing this thesis is to analyze the legal certainty of joint property in polygamous marriage. The research method which used in this paper is Juridical Research Methods with Sociological Approach (Empirical). Authority of the Cibinong Religious Court in examining the case of the joint treasure agreement in polygamous marriage, the Muslim husband who wishes to have more than one wife is required to apply for polygamy permission to the Religious Court under the conditions as set forth in Article 4 and Article 5 of Law Number 1 Year 1974 about Marriage. Regarding the petition for polygamy permit, it is combined with a joint property appointment request which filed by a spouse or husband who files a joint property agreement reconvention. A married husband of more than one person is governed in Article 94 of the Compilation of Islamic Law and the separation of joint property separated in the mediation room, this agreement is made or before or at the time of marriage takes place, which then authorized by religious affairs office (KUA) for Muslims and may be signed before the notary. The consideration of the Panel of Judges about the joint property agreement in polygamous marriage is seen only through evidence at that time which causing injustice to the first wife since there is no explicit law that regulates t the distribution of joint property in polygamous marriage. Therefore, we need protection of law which is preventive and repressive

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