JURNAL ILMIAH LIVING LAW
Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year.
The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.
Articles
208 Documents
<![CDATA[PERLINDUNGAN KONSUMEN DALAM KLAIM ASURANSI BARANG PADA PEMBIAYAAN KENDARAAN BERMOTOR DIKAITKAN DENGAN PERJANJIAN MODEL BAKU ]]>
<![CDATA[yose priyono]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v7i2.595
<![CDATA[Standard model agreement in business is often used like that of consumer finance transaction, in its scheme which is easy, practical, and not time consuming. However, on a case of insurance provision claim, this kind of agreement could not provide any protection to the consumer, since the provisions in the agreement were seattled unilaterally by the auto financing company. By using normative juridical and sociological approach, this study found that a standard model agreement does not provide protection to consumers as debtors for their claim of good damage. This is contrary to the provisions of standard clauses set out in article 18of consumer protection legislation which consequently make that agreement void. The concept of consumer protection in auto financing insurance must provide clarity and time for a consumer to comprehend the agreement clearly to avoid any financial lost during the practice of the agreement.]]>
<![CDATA[PERLINDUNGAN HUKUM PEMEGANG POLIS DALAM HAL PAILITNYA PERUSAHAAN ASURANSI ]]>
<![CDATA[watty wiarti]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 7 No. 1 (2015): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v7i1.163
<![CDATA[This research aims to identify and analyze how the legal protection of policyholders and how to balance the legal protection of creditors, debtors and society. The author uses the method of juridical and normative research uses a qualitative approach, the findings and analysis will be prepared with descriptive approach. The results showed that the institution of bankruptcy in Indonesia in the legal protection of creditors, debtors and society, yet can accommodate a comprehensive settlement of disputes bankruptcy. This study suggests that the principles of good corporate governance is characterized by fairness and justice, transparency or openness, accountability, and responsibility, to be used as input in the relevant reform legislation relating to business law, particularly insurance and bankruptcy law.]]>
<![CDATA[Legal Protection of Investors Investment Virtual Currency ]]>
<![CDATA[Ekka Sakti Koeswanto]]>;
<![CDATA[Muhammad Taufiq]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v9i2.1033
<![CDATA[The presence of Virtual Currency (Centcoin and Bitcoin) in Indonesia is well known by Indonesian people as a business by means of speculation with the aim of making a profit that is used by its users as a means of exchange, means of payment and business by way of investment. Then pay attention to the Law of the Republic of Indonesia Number 7 of 2011 concerning Currencies when Virtual Currency (Centcoin and Bitcoin) serve as a means of exchange or payment transactions in Indonesia by its users is contrary to the Act, however Law Number 7 Year 2014 on Trade, Law of the Republic of Indonesia Number 19 of 2016 on the amendment to Law of the Republic of Indonesia Number 11 of 2008 on Information and Electronic Transactions and Law of the Republic of Indonesia Number 8 of 1999 concerning consumer protection can provide legal protection for the public or investor users Virtual Currency (Centcoin and Bitcoin) in Indonesia.Keywords: Legal Protection, Virtual Currency (Centcoin and Bitcoin), the Electronic Commerce Transactions]]>
<![CDATA[ENCLAVING ATAS TANAH HAK GUNA USAHA SEBAGAI SUMBER TANAH UNTUK PEMBANGUNAN PERUMAHAN BAGI MBR DIKAITKAN DENGAN PENATAAN RUANG ]]>
<![CDATA[Mas Guntur Wiraprana]]>;
<![CDATA[Martin Roestamy]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v11i1.1637
<![CDATA[The purpose of this research is: 1) To know and analyze about enclaving on the cultivation rights title as a land source for low-income people housing development, 2) To know and analyze the role of the regional government in spatial planning organizing on cultivation rights title of the enclave of the land as a land source for low-income people housing development.This research use normative legal research method with qualitative approach. The results of this research is: 1) enclaving on the prolongation or renewal of the cultivation rights title can be used as a land source for the housing development for low-incomwe people, with a terms that its still concerned with the suitability and design on the spatial planning in that area, 2) regional governments as the representatives of the state in the regions authorized in planning, utilizing and controlling spatial in their regions, especially on the regional spatial planning policies, granting licenses, and giving punishment to anyone who violating the regional regulations. enclaving on the cultivation rights title as a land source for low-income people housing development must suitable with the spatial allocation that allows housing / flats to be built.]]>
<![CDATA[URGENSI ETIKA BISNIS DALAM WUJUDKAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN SESUAI UNDANG-UNDANG NO. 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS ]]>
<![CDATA[Muhamad Hudory]]>;
<![CDATA[Muhammad Taufiq]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v11i1.1638
<![CDATA[The implementation of social and environmental responsibility or commonly called Corporate Social Responsibility (CSR) is a function of the company in realizing social responsibility towards the environment and related parties in order to create a healthy and prosperous society. The method in this study is the Normative Juridical Approach, namely law is conceptualized as norms, rules, principles or dogmas. Juridical Sociological Approach (Empirical), namely law as a symptom of society as a social institution or patterned behavior, this approach is known as empirical legal research or sociological legal research. Social and environmental responsibility even though it is not mandatory normatively in legislation but from the moral aspect of CSR this is a manifestation of social ethics and concern for a company towards the environment and society.]]>
<![CDATA[PELAKSANAAN ASSESMEN TENTANG REHABILITASI TERHADAP KORBAN PENYALAHGUNAAN NARKOTIKA DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN ]]>
<![CDATA[Muslikan Muslikan]]>;
<![CDATA[Muhammad Taufiq]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v11i1.1639
<![CDATA[The purpose of this study are: 1) To find out and analyze the process of applying rehabilitation to victims of narcotics abuse, 2) To find out and analyze the implementation of assessments of rehabilitation of victims of narcotics abuse in terms of legislation. The research method used is normative juridical research that takes a qualitative approach. The results are: 1) The process of implementing rehabilitation for addicts and victims of narcotics abuse by the Bogor Regency Narcotics Rehabilitation Center is in accordance with the laws and regulations. However, it does not rule out the shortcomings that always exist in carrying out these rules, 2) The implementation of assessments of narcotics abuse victims in the Indonesian National Police is the same as those carried out by the National Narcotics Agency, namely if victims of narcotics report without arrest, the police will direct / recommend directly to the Obligatory Recipient Institution Report (IPWL) and if the victims of narcotics abusers are caught by the Police then the process, receipt of assessment requests from investigators in 24 (twenty-four) hours, and the integrated assessment team provides recommendations on the results of the period of assessment no later than 6 (six) days to the investigator to be reported in writing to the local district court.]]>
<![CDATA[PERTANGGUNGJAWABAN BANK SEBAGAI KORPORASI TERHADAP TERJADINYA FRAUD ]]>
<![CDATA[Adi Atmaka]]>;
<![CDATA[Martin Roestamy]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v11i1.1635
<![CDATA[Operations of crimes committed by bank burglars must be immediately anticipated by the legal apparatus in Indonesia quickly and carefully so that the law does not look weak. At present the development of criminal legal responsibility has begun to expand, in the concept of criminal law, accountability can not only be requested from individuals, but also corporately. The obstacle is the concept of accountability of various corporate modes of law enforcement in Indonesia, so far it has not been utilized, besides the concept of corporate responsibility is not yet widely known, this concept is also still in the gray domain. Identification of this research are: 1) How is the bank's responsibility as a corporation for fraud and fraud ?. 2) What is the legal protection of bank customers who are victims of fraud? The research method used in this study is a normative juridical approach. The results of this study are: 1) Bank Indonesia as the holder of the Indonesian banking authority in an effort to meet applicable standards in the banking sector has prioritized programs related to customer protection, handling customer complaints, and including handling the establishment of independent banking mediation institutions, 2) In banking practice, a provision applies that customers who will save their funds in a bank are not free. The customer has the right to receive interest on funds deposited with the bank.]]>
<![CDATA[ANALISIS HUKUM PENGELOLAAN HOTEL BERBASIS SYARIAH KHUSUSNYA ASPEK PERLINDUNGAN KONSUMEN DITINJAU DARI PERSPEKTIF HUKUM BISNIS ]]>
<![CDATA[Ahmad Taufik]]>;
<![CDATA[Ujang Bahar]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v11i1.1636
<![CDATA[Syari'ah based hotel. Hotel Syari'ah is a concept of a combination of conventional hotel business by incorporating several principles (rules / values) of Islam in it. This concept is one thing that is fairly new, but is in great demand by people who are predominantly Muslim like Indonesia. The approach used in this study is a normative juridical method, namely an approach that uses the concept of positivist legislation which states that law is identical to written norms made and promulgated by authorized institutions or officials. The subjects in this study were the Application of Syari'ah Principles with data sources for hotel general managers, supervisors, and employees. Constraints found in the study include the negative perception of the hotel business that has been built up so far in the community such as that hotels are used for immorality, but after many Syari’ah-based hotels, the community began to shift its paradigm towards hotels, especially syari’ah-based hotels.]]>
<![CDATA[PENGELOLAAN SUMBER DAYA AIR PASCA DIBATALKANNYA UNDANG-UNDANG NOMOR 7 TAHUN 2004 TENTANG SUMBER DAYA AIR ]]>
<![CDATA[Agus Surachman]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v11i2.2099
<![CDATA[Law Number 7 of 2004 on Water Resources was officially revoked by the Constitutional Court because it contradicted Article 33 of the 1945 Constitution. The revocation is also applied to all implementing regulations thereunder resulting in a legal vacuum. To fill the legal void and to wait for the new Water Resources Law, the Constitutional Court decided to re-enact Law no. 11 Year 1974 on Watering. With the revocation of the Water Resources Act, it restores the community's rights to clean water privatization by the private sectors. But, the impact for the government is that the control over the water is controlled by the state again. For drinking water business, the revocation of the Water Resources Law causes legal uncertainty resulting from the withdrawal of all implementing regulations so that there is no law available. The research method used is normative method, by collecting data of primary, secondary and tertiary law. What should be done by the government is to immediately draft a new Water Resources Act in accordance with the mandate of Article 33 of the 1945 Constitution, and the participation of private parties should be regulated but still limited and it is the State that manages the water resources.]]>
<![CDATA[SINERGITAS PEMBANGUNAN EKONOMI LOKAL DAN PARIWISATA MELALUI PERATURAN DAERAH TERINTEGRASI ]]>
<![CDATA[Danu Suryani]]>;
<![CDATA[Warizal Warizal]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v11i2.2109
<![CDATA[The high tourism visit is a potential that can be utilized to encourage local economic progress, this can be done on condition that the increase in tourism visits must be followed by an increase in the ability of the government and local communities to be able to synergize the tourism potential and the local economy because if not, an increase in tourism visits only adds benefits for tourism business activists who are not local residents so that local residents receive more negative impacts than positive impacts from increased tourism visits. This must be addressed, one of which is the synergy of the tourism potential management program with the local economic program in the local government.]]>
