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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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Efektivitas Peranan Direktorat Jenderal Bea dan Cukai Dalam Pengawasan Atas Barang Impor Fasilitas Kawasan Berikat Di Wilayah Hukum Kantor Pengawasan Dan pelayanan Tipe Madya Pabean B Makassar Sainal Sainal; Rusdin Alauddin; Nam Rumkel
Khairun Law Journal Volume 3 Issue 1, September 2019
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Fungsi Kawasan Berikat adalah sebagai tempat penyimpanan, penimbunan, pengolahan barang yang berasal dari dalam dan luar negeri. Kemudahan yang diberikan dalam kawasan berikat adalah pelayanan dan pengurusan dokumen ekspor dan impor berada dalam satu atap (satu kantor). Perusahaan penerima fasilitas kawasan berikat mendapatkan fasilitas penangguhan bea masuk, yaitu peniadaan untuk sementara kewajiban pembayaran bea masuk sampai dengan timbulnya kewajiban untuk membayar berdasarkan undang-undang. Jadi sepanjang ketentuan yang menyebabkan harus dibayarkannya bea masuk tersebut tidak terjadi maka penangguhan bea masuk tetap berlaku. Apabila perusahaan hendak mengeluarkan barang asal impor ke dalam daerah pabean (diimpor untuk dipakai), maka akan dipungut bea masuk, sepanjang pengeluarannya tersebut tidak ditujukan kepada pihak yang mendapatkan fasilitas pembebasan atau penangguhan bea masuk.
HUMAN RIGHTS AND LEGAL PROTECTION FOR VICTIMS OF RAPE IN INDONESIA'S LEGAL FRAMEWORK Siti Syahida Nurani
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i1.3769

Abstract

The issue of Human Rights (HAM) is becoming an increasingly important agenda, the international community continues to urge all member states of the United Nations to take various steps and actions, including making laws to eliminate discrimination and violence against women. Indonesia's policy to ratify the global law mentioned above, is suspected by the rampant problems of violence faced by almost every nation and country on this earth.  The research methodology used is library research which is carried out by searching, taking an inventory and studying laws and regulations, doctrines, and other secondary data, which are related to the focus of the problem. in the legal framework Indonesia has provided guarantees for human rights (both women and men) as stated in the second amendment of the 1945 Constitution of Article 28 A-J and Law No. 39 of 1999 on Human Rights. UU no. 7 of 1984 concerning the Elimination of Discrimination Against Women or the Ratification of the Women's Convention, which states that the state will make maximum efforts to eliminate all forms of discrimination against women, including violence against women, in particular sexual violence is regulated in the Child Protection Law and the Criminal Code, while other forms of protection for victims of sexual crimes.
POSITIVISTIC LEGAL DIALECTICS - POSITIVISTIC POST (Comparative Study of Law Towards Legal Reform ucuk agiyanto
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i1.3760

Abstract

According to the post-positivist figures, basically post-positivists exist to dissect the mistakes made by positivists. Positive law based on objective, empirical and rational nature and supported by systematic, procedural and formal models has become a strong mainstream in Indonesia. The main stream makes legal science feel narrow and underdeveloped. This creates legal problems in society. On the other hand, there are new ideas that carry post-positivism in the field of law with a subjective, abstract and irrational paradigm and supported by theology and God. To overcome the legal problems mentioned above, a comparative dialectic of law between positivistic and post-positivistic law is needed so that it can form a new paradigm in law with an objective-subjective, empirical-abstract, rational-irrational nature and supported by wise systematic, procedural and formal patterns..
ANALYSIS OF THE PERFORMANCE AND FINANCIAL PERFORMANCE OF THE CREDIT COOPERATIVE (Case Study of Koperasi Swastisari in Kupang) Fadlurahman Hakim
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i1.3753

Abstract

The objective of this research is to know the level of financial health of Koperasi Swastisari Credit 2012-2016 based on the Regulation of State Minister of Cooperatives and Small and Medium Enterprises of Republic of Indonesia No.06 / PER / DEP.6 / IV / 2016 concerning capital aspect, earning asset quality, management, liquidity, efficiency, independence and growth as well as cooperative identity.This research is a type of descriptive evaluative research. The subject of this research is Credit Cooperative (Kopdit) Swastisari in which the object of evaluation is financial health Kopdit Swastisari. Data analysis techniques in this study using descriptive analysis. In this research data is collected through documentation and interview method. The results showed that the healthlevel of the 2012-2016 Swaddle Kopdit was in fairly healthy category with the average score of 78.06 with details: (1) the capital aspect was averaged 12.24 and was in the healthy category; (2) aspect of productive asset quality in the mean score 17,25 and in healthy enough category; (3) management aspect was score 13,07 and was in healthy category; (4) the efficiency aspect was averaged 15.00 and was in the healthy category; (5) liquidity aspect in the average score of 7.25 and is in the less healthy category; (6) aspect of independence and growth average score 6.25 and in the category of healthy enough; (7) the aspect of cooperative identity is averaged score of 7.00 and is in fairly healthy category. (8) the level of health of the Swedy Kopdit for 5 years(2012-2016) in a row obtained the total score of 70.35; 71.05; 72.45; 72.70; 72.50 and 78.06 are in fairly healthy categories.Using Trend Analysis least square method taken from the total health ratio of Swasti Sari Kopdit Period (2012-2016) obtained estimates of the results of the health ratio assessment in the coming year (2017-2020), the score obtained is 73.58; 74.17; 74.76 and 75.35 which indicate a good prospect for the next 5 year.
PREVENTION OF ILLEGAL FUEL SMUGGLE IN THE BORDER OF EAST NUSA TENGGARA AND TIMOR LESTE Evelyn Bellatrix Sumbi
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i1.3754

Abstract

Indonesia is one of the countries with abundant natural resources, this can be seen from the abundant human resources that are able to improve the management of existing natural resources. This is also emphasized in Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (UUD RI 1945). A different fact is faced by small communities in the border area between Nusa Tenggara Timur Indonesia and Timor Leste. The problem is that the small communities there are not unable to enjoy subsidy relief due to wrong targets but because of smuggling carried out to neighboring countries. In several criminal cases that occurred in the border area between East Nusa Tenggara and Timor Leste, one of them was the Indonesian National Armed Forces (Satgas Pamtas) RI-RDTL East Sector Border Security Task Force, Yonif Raider 408 / Sbh, thwarted the smuggling of thousands of liters of fuel oil. (BBM) in the RI-RDTL border area.There have been many efforts made by the government to improve the welfare of its citizens by utilizing existing natural resources, especially in the oil and gas sector, one of which is in terms of access to energy consumption through fuel oil (BBM) subsidies which are still being debated. Some are of the view that state assistance must be maintained, but on the other hand, they still think that fuel subsidies are still not on target. A different fact is faced by small communities in the border area between Nusa Tenggara Timur Indonesia and Timor Leste. In addition, at the opening of the International Convention on Indonesian Upstream Oil and Gas 2020, which was organized by SKK Migas, the Government also supported the improvement of the investment climate in Indonesia's upstream oil and natural gas (oil and gas) sector, amid a decline in national oil and gas production and sluggish movement of strategic industries due to the the Covid-19 pandemi.
CRITICISM OF HELPING MECHANISM FOR CONFIRMED COVID-19 PATIENTS IN MAJALENGKA DISTRICT elya kusuma dewi
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i1.3755

Abstract

This article was written with the aim of knowing and analyzing the policies of the Majalengka Regency Government in providing assistance to people who are self-isolating due to being exposed to or confirmed positive for Covid-19, besides that this paper will also try to describe about how the mechanism for providing assistance as well as analyzing weaknesses and solutions to these problems.This paper is a normative juridical writing made with two main approaches, namely the empirical approach and the case approach.The results of the study indicate that the policy of providing assistance for people who are self-isolating in Majalengka Regency is given by providing cash assistance worth Rp. 45.000,00 (forty five thousand rupiah) with details of 3 (three) meals/improvement of nutrition per day multiplied by Rp. 15,000.00 (fifteen thousand rupiah), wherein the amount is given for 10 days of self-isolation period. If it is calculated as a whole, then the total compensation given to residents/communities who do self-isolation is Rp. 45.000,00 X 10 days, which is Rp. 450,000.00 per one citizen identified as positive for Covid-19. However, the facts on the ground show that there are still many community members who do not and do not know about the program, this is due to the existence of a mechanism for providing assistance that focuses on managing the residents, not the government, so it is necessary to reconstruct/change the distribution mechanism which emphasizes the importance of government activities. in the distribution of assistance to the people of Majalengka Regency who were confirmed positive for Covid-19.
Formulative policy for managing marine and fishery resources in the management of destructive fishing (Case study of the fisheries and marine services of north maluku province) Faisal Faisal; Jamal Hi Arsad
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.3845

Abstract

This study aims to analyze and examine the design of formulative policies for handling marine and fishery resources in overcoming the criminal act of destructive fishing in North Maluku and to find out the functionalization of the fisheries and marine service of North Maluku Province in overcoming the crime of destructive fishing. This research is an empirical legal research. The technique of collecting data in this research is through library research and field studies, namely conducting interviews. The results show that the design of formulative policies for handling marine and fishery resources in overcoming the criminal act of destructive fishing in North Maluku implies the need to restore the function of criminal law as the ultimum remedium. These alternative sanctions can be in the form of action sanctions that lead to social, economic improvements, and repairs to damage to fish resources and their ecosystems due to destructive fishing practices. Thus, as one of the fisheries crime that is rife in North Maluku, it must be minimized through partnerships forged by stakeholders in the marine and fisheries sector as well as coastal communities.
THE IMPACT OF COVID – 19 ON LEGAL EDUCATION IN INDONESIA rifana heningtyas; Sofyan Wimbo Agung Pradnyawan
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5615

Abstract

Indonesia is one of the countries infected with the Covid-19 pandemic. Corona virus 2019 (COVID-19) is an infectious disease caused by acute corona virus 2 respiratory syndrome (SARS-CoV-2). So that the impact on the community and students can not meet directly on campus or in public places. Based on Nielsen's research entitled "Race Against the Virus, the Indonesian Consumer Response towards COVID-19" revealed that as much as 50% of Indonesian people began to reduce activities outside the home, and 30% of them said that they planned to shop more frequently online. Likewise, teaching and learning activities are carried out from home and even work is done from home with the aim of reducing Covid-19 epidemic. 
LEGAL PROTECTION FOR CONSUMERS IN THE CASE OF EXCESS SPEED BOAT CAPACITY AT DUFA PORT – DUFA fathurrahim Fathurrahim
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5434

Abstract

In a carriage agreement, the position of the parties, namely the carrier and the service user, is equal. As for the things that can cause harm to passengers due to the fault of the carrier, among others, accidents caused by the negligence of the captain, conditions of transportation that are not suitable for use, or due to lost or damaged passenger luggage. The government should increase the socialization activities of Law no. 17 of 2008, both to sea transportation operators and to the wider community as users of sea transportation services, so that legal protection efforts against sea transportation service users (passengers) as regulated in Law no. 17 of 2008 can actually be implemented by all sea transportation companies.
FULFILLMENT OF WOMEN'S AND CHILDREN'S RIGHTS IN THE IMPLEMENTATION OF HUMAN RIGHTS CARE CITIES IN THE CITY OF TERNATE muhaimin limatahu; fathurrahim faturrahim; Sri Indriyani Umra
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5635

Abstract

Efforts to develop cities that care about human rights are a growing response from the movement to restore city sovereignty to its citizens. The state, including the government, supported by the National Human Rights Commission, is trying to apply this idea in Indonesia. The role of local government is very important in supporting efforts to develop cities that care about human rights. Of these problems, the focus of the research is whether the fulfillment of the rights of women and children in Ternate City meets the criteria of a city that cares about human rights and what is the role of the Government of Ternate City in fulfilling the rights of women and children in Ternate City. The human rights movement in Indonesia has begun to launch a new discourse, cities concerned with human rights (human rights cities). One of the interests in studying this issue is to widen the scope of state obligations that are not solely borne by the central government, but also local or regional governments. It is in this context that the role and position of regional leaders is very important. They have the discretion to organize and manage the city government as well as mobilize and invite city residents to be involved in human resource development programs through cities that care about human rights.

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