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INDONESIA
Khairun Law Journal
Published by Universitas Khairun
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 163 Documents
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PERTANGGUNG JAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA ILEGAL FISHING Dukomalamo, Muhammad Jufri
Khairun Law Journal Volume 8 Issue 2, March 2025
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v8i2.9464

Abstract

This research analyzes corporate criminal liability in illegal fishing in North Maluku. North Maluku, which has abundant fisheries resources, is closely related to illegal fishing crimes corporations commit. This not only causes economic losses but also covers comprehensive ecological aspects. Using qualitative methods with an empirical normative approach, this research found that illegal fishing crimes can be categorized into 2, namely administratively illegal and procedurally illegal. Through analysis carried out on two court decisions, namely Supreme Court Decision Number 72/Pid.Sus/2021/PN Tte, and Supreme Court Decision Number 275/Pid.Sus/2019/PN Tte, it was found that the person delegated responsibility by the court was the ship's captain. In fact, if further analysis is carried out, the criminal acts committed in these two cases have the potential to take the form of corporate crimes. The absence of a special judicial institution in the field of illegal fishing, as well as the law enforcement process which is still oriented towards humans (natuurlijke persoon) rather than legal entities (rechtspersoon) as legal subjects, are empirical obstacles why corporate accountability in illegal fishing crimes is difficult to implement.
JURIDIC REVIEW ON THE MAINTENANCE OF LABOR HEALTH THROUGH THE BPJS PROGRAM Pratama, Dito; Shaharani, Zahira; Ibrahimi, Abdallah
Khairun Law Journal Volume 5 Issue 2, March 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5436

Abstract

Health Care Insurance is a form of health protection guarantee, with the intention that participants get health benefits or protection to meet health needs for everyone who has paid their dues or whose contributions have been borne by the government. National Social Security is a government and community plan designed to determine the amount of social welfare protection for all people in order to meet their needs and social welfare. The Social Security Administering Body (BPJS) is the institution that manages or operates the National Social Security System Plan (SJSN). But the form of implementation in BPJS is that many health insurance services are provided to participants whose needs are limited. This health service is needed by the community to overcome their health problems. With this research aims to be able to determine the health care insurance for workers associated with optimal health services for workers. In addition, it is also known the form of services provided by BPJS in protecting some rights to the health of workers.
Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti, Suwarti; Malik, Faissal
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1884

Abstract

The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void
Criminal Sanctions in the Application of Electronic Ticketing Using CCTV (Closed Circuit Television) Recording by Satlantas Polda Maluku Utara Mufti, Muhammad; Suyatni, Dewi; Faisal, Faisal
Khairun Law Journal Volume 4 Issue 2, March 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v4i2.3101

Abstract

This study aims to determine how the criminal sanctions against electronic traffic ticket offenders using CCTV (Closed Circuit Television) recordings and what obstacles are experienced by the North Maluku Regional Police in the application of electronic ticket penalties using CCTV (Closed Circuit Television) recordings. The type of research used in this research is empirical normative research type. Location This research was conducted at the North Maluku Police Traffic Unit. In addition, researchers also conducted direct interviews with the community regarding the application of electronic ticketing by the North Maluku Police Traffic Unit which was recently implemented in Ternate City. Then, the data obtained were analyzed descriptively qualitatively. Based on the pre-research conducted by researchers, the e-ticket system used by the North Maluku Police Traffic Police is regulated in article 272 of Law number 22 of 2009 concerning road traffic and transportation, the application of e-ticketing through CCTV footage is not yet fully effective because it has only been implemented in one city out of 10 municipalities in North Maluku Province, namely Ternate City, and is still in the socialization period, but what researchers highlight is the application of e-ticketing penalties that have not been clearly regulated by the traffic law. How are the criminal sanctions applied by the North Maluku Police Traffic Unit, if the vehicle recorded by CCTV is not the legal owner listed on the vehicle registration documents (Vehicle Registration Certificate), how is the application of traffic penalties against vehicles or offenders who are sanctioned criminal. One of the principles of criminal law is that there is no crime without error, that a person can only be punished for his actions if there is an error in himself. Whether the offender driving the vehicle at that time, not the legal owner of the vehicle listed on the vehicle registration certificate, is given a criminal sanction. Or is it the owner of the vehicle who must be responsible for the negligence of the offender? The obstacle experienced by the North Maluku Police Traffic Unit is the absence of a traffic regulation that clearly regulates e-ticketing penalties
Menakar Nilai Agama dan Moral dalam Hukum Pidana Indonesia Amriyanto, Amriyanto
Khairun Law Journal Vol 1, No 1 (2017): Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v1i1.431

Abstract

PENINGKATAN PERAN PEMERINTAH DALAM MELINDUNGI HAM KAUM DIFABEL Phireri, Phireri; Syahril, Muhammad Akbar Fhad; M. Djafar, Muhammad Mufti
Khairun Law Journal Volume 7 Issue 2, March 2024
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i2.7384

Abstract

Decent work and livelihoods for humanity are part of human rights for everyone, including people with disabilities, so the 1945 Constitution provides guarantees and legal protection for their implementation. The problem is the discriminatory attitude towards persons with disabilities and the low level of education of persons with disabilities as a gap between people with disabilities and non-disabled workers. The absence of exact data related to the number of workers with disabilities both in the private sector and non-private sectors (PNS, BUMN and BUMD) raises its own problems in the protection of persons with disabilities. The quota of minimum requirement is 2 percent as a mandatory for the government, local government, BUMN, and BUMD and 1 percent for private companies from the number of employees or workers in the Disability Act is apparently not enough to provide protection for people with disabilities. This research is a normative legal research to examine the laws and regulations in order to obtain justice for persons with disabilities. This becomes very important as a form of government commitment through supervision and improvement of policies becomes very important so that persons with disabilities get decent work and livelihoods.
THE POSITION OF THE DPRD VIEWED FROM THE PERSPECTIVE LEGAL POWER AND POSITION OF THE STATE Haki, Robertus B Oe
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6599

Abstract

This article aims to find out the concept of the position of the DPR in the perspective of the law of state power and position. Specifically, that law has an important meaning for power because law can act as a means of legalizing the formal power of state institutions, especially the position of the DPR through establishing a legal basis (rules of law) and playing a role in controlling power so that its implementation can be accounted for logically and ethically. The research method used in this paper is normative legal research using a conceptual approach. The results of the study show that the position of the DPRD as a state position is the essence of the limitation of state power by law, in this case the provisions of the laws and regulations governing it as a manifestation of the nature of Indonesia as a state based on law (rechts staat) not based on power (machts staat) as the mandate of the 1945 Constitution which is the legal basis and measure of the performance of state power and positions in all state power institutions, namely the legislature, executive and judiciary. Legal restrictions on the authority of the DPRD office through Law Number 17 of 2014 concerning the MPR, DPR, DPD, DPRD are normatively sufficient, but the limitation on the term of office of the DPRD is still considered not to reflect the principle of equality with provisions regarding other elected political terms. through the mechanism of direct election by the people..
Efektivitas Pelaksanaan Amdal pada Kegiatan Pertambangan di Provinsi Maluku Utara Soleman, Saiful Hi; Alauddin, Rusdin; Rosyidi, Irham
Khairun Law Journal Volume 3 Issue 2, March 2020
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v3i2.2893

Abstract

Tidak semua perusahan pertambagan / pemrakarsa yang melakukan laporan pengelolaan dan lingkungan yang dapat menimbulkan tanggung jawab dalam pelaksanaan AMDAL yang berimplikasi pada menurunya yang memiliki kualitas dan kualitas AMDAL. Terhadap Evektifitas pelaksanaan Amdal sudah sesuai prosedur akan tetapi sejauh ini pengawasannya kurang maksimal, karena pihak perusahaan pertambagan / pemrakarsa tidak tebuka dalam hal pengelolaan dan lingkungan lingkungan.
SOCIAL SECURITY PROCEDURES FOR WORKERS POST WORK ACCIDENT Pulserimia, Asri
Khairun Law Journal Volume 6 Issue 1, September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5612

Abstract

Manpower is an important component for the realization of successful development, during the working period of the workforce must be maintained and respected for their rights, both the rights that are inherent in them since they were born, namely human rights or their rights while at work. The existence of human rights and rights attached to workers from work creates an obligation for those who employ them to provide social security for their workers, in the form of protection, maintenance and improvement of welfare. Social Security, one of which can be in the form of work accident insurance, considering that an accident is something that cannot be calculated, however, there is a clear difference between an accident and a work accident, both in terms of the type of accident, the time it occurred, the place where it occurred, the people affected, and the consequences. With this, social security can provide certainty and understanding for workers who experience work accidents through social security procedures for workers after work accidents.
Eksistensi Syahbandar dalam Penegakan Hukum Pelayaran di Kota Ternate Fathurrahim, Fathurrahim
Khairun Law Journal Vol 2, No 2 (2019): Volume 2 Issue 2, March 2019
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i2.1903

Abstract

The role of the shahbandar in the enforcement of shipping crime has the highest authority in conducting initial inspections of ship accidents with the aim of knowing the causes of ship accidents and / or determining whether or not there is an error or omission in the application of maritime professional standards carried out by the master or ship leader and / or Ship Officer in connection with a ship accident. The Role of Syahbandar in the Investigation of Sailing Crimes in the Case of Ship Accidents is not running optimally, this is due to inhibiting factors in terms of human resources in this case related to the limited number of personnel, education and training as well as facilities and facilities factors related to the minimal number of patrol vessels very significant in carrying out investigation of shipping crime in this case a ship accident in the waters.

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