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[MENYONGSONG PEMBERLAKUAN KEWAJIBAN SERTIFIKASI HALAL DI INDONESIA ]]>
<![CDATA[Achmad Jaka Santos Adiwijaya]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (824.127 KB)
|
DOI: 10.30997/jill.v11i1.1641
<![CDATA[In line with the objectives of Indonesia's national developmeent as setforth in the fourth paragraph of the Preamble of the Constitution 1945 which is one of them to achieve the creation of a just and prosperous society based on economic democracy, there has been established an economic system that is developed based on the values of justice, togetherness, equality and benefit in accordance with sharia principles. In this case, among others, the state is obliged to provide protection and guarantees about the halal products used and consumed by the public. Therefore, in 2014, Law Number 33 Year 2014 concerning Halal Product Certification was stipulated. However, this Law has not been fully operated yet although it is enforced for almost 5 years. Two main issues that will be discussed in this short paper are about Indonesia Legal system readiness to integrate sharia (economic) laws within Indonesia Legal System and discussing about how is the Good Legislation Governance practices in the Law making process pertaining Halal Product Certification.]]>
<![CDATA[LEGAL ANALYSIS OF LEGITIME PORTIE FOR CHILDREN IN INSIDE AND OUTSIDE LEGITIMATE MARRIAGE IN CIVIL CODE (BURGERLIJK WETBOEK) ]]>
<![CDATA[Prasasti Dyah Nugraheni]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (574.186 KB)
|
DOI: 10.30997/jill.v11i2.2098
<![CDATA[Inheritance law in a Civil Code is one part of a civil law that has basic nature of regulating something and there’s no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir’s still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will. To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that’s used to protect an inheritance from the actions of an heir who can make a will which deviates from an absolute part (legitime portie). An absolute part (legitime portie) is protected by a law, this is because in an absolute part (legitime portie) there’s a right that can be used to make a claim to the court in order to obtain a part of its rights an inheritance that’s and has been regulated in a will.]]>
<![CDATA[EFEKTIVITAS PENYELESAIAN PELANGGARAN ADMINISTRATIF PEMILIHAN UMUM BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2017 ]]>
<![CDATA[Evi Noviawati]]>;
<![CDATA[Mamay Komariah]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (568.001 KB)
|
DOI: 10.30997/jill.v11i2.2100
<![CDATA[The Elections (Elections) in Indonesia is a process of democratization to elect national leaders and people's representatives who are elected directly by the people. The process of organizing the General Election is carried out through the stages stipulated in the Election Commission Regulation. One of the stages that must be passed in the holding of elections is the implementation of campaigns that are part of the political education of the community. In the implementation of an election campaign, election participants can form a campaign team that is responsible for the technical implementation of the campaign. Election administrative violations often occur in the stages of the campaign carried out by election participants which can consequently be detrimental to the election organizers and fellow election participants. Every settlement of election administrative violations can be decided by the Election Supervisory Body (Bawaslu) no later than 7 (seven) working days after the findings and reports are received and registered and then recommended to the KPU for further action. In reality on the ground, there are still many cases of election administrative violations that cannot be resolved due to several obstacles faced, namely the difficulty of finding the reporting party and the limited time in the process of filing reports and findings]]>
<![CDATA[REVISI PERATURAN PEMERINTAH NOMOR 92 TAHUN 2015 TERHADAP KOMPONEN DAN BESARAN GANTI KERUGIAN ]]>
<![CDATA[Rachmat Trijono]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (859.489 KB)
|
DOI: 10.30997/jill.v11i2.2101
<![CDATA[Compensation in Article 77 KUHAP is regulated further PP No. 27 of 1983 has been amended PP No. 92 of 2015. Amount of compensation in PP No. 92 of 2015 has increased, however, the impression of injustice cannot be eliminated considering that in various instances the amount of compensation is not in accordance with the magnitude of the loss that actually occurred by the victim. The problem is policy of revised PP 92 of 2015 on components and the amount of compensation ideally. The purpose of this study is to find out and analyze the policy of revised PP 92 of 2015. This study used normative and sociological methods with qualitative approaches. This study used secondary and primary data. The results of the study: 1. The component of compensation: Returns to its original state; To bear the costs incurred to restore to its original state, in the form of serious injuries and minor injuries; Providing certain compensation in the event that it cannot be returned to its original state; Provide compensation for the loss of opportunity that should be obtained. 2. The amount of compensation is adjusted to the components. Recommended that the judge determine the amount of the loss, so the victim does not need to file a claim for compensation.]]>
<![CDATA[MODEL PERLINDUNGAN SOSIAL BAGI PENYANDANG DISABILITAS DI KABUPATEN CIANJUR DIKAJI DALAM PERSPEKTIF HAK ASASI MANUSIA ]]>
<![CDATA[Tanti Kirana Utami]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (600.475 KB)
|
DOI: 10.30997/jill.v11i2.2102
<![CDATA[Law Number 39 of 1999 concerning Human Rights regulates the obligations of the State in protecting each of its citizens, including the respect, protection and fulfillment of the rights of persons with disabilities. Persons with disabilities should get the same opportunity in developing themselves through independence as human beings with dignity. Based on the foregoing it is very important to conduct research on persons with disabilities to find out the objective conditions of persons with disabilities in Cianjur district and to find out policies and programs for social protection activities for persons with disabilities. The research method used is normative juridical with descriptive analytical research specifications. The results showed that the condition of persons with disabilities in Cianjur Regency was caused due to birth or illness with various disabilities spread in several districts and social protection for persons with disabilities in Cianjur regency carried out in the form of providing various facilities and social security in stages. The conclusion of this study is the data of persons with disabilities in Cianjur Regency already included including social protection provided by the government. For this reason, it is expected that various facilities and social security will be improved and local regulations made]]>
<![CDATA[PRAKTEK LARANGAN MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT PADA BANK PEMERINTAH DALAM MEMBERIKAN FASILITAS SUBSIDI PERUMAHAN ]]>
<![CDATA[putri rangkuti]]>;
<![CDATA[T.N Syamsah]]>;
<![CDATA[Ahmad Yani]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (703.579 KB)
|
DOI: 10.30997/jill.v11i2.2112
<![CDATA[The purpose of this research is to know and analyze the implementation and solution in monopoly practice and unfair business competition at government bank in giving facility for housing subsidy. This research uses descriptive and analytical approach, which supported by library research in order to specify this research purpose to give description about monopolistic practice in banking business in Indonesia. The results indicate that in fact, the practice of monopoly restrictions and fraudulent business competition has not run optimally and there is a fundamental weakness in it Law No. 5/1999 that mainly related to the status of implementing agencies of this law, obstacles and barriers that exist in the practical situation is the lack in implementing Law no .5 / 1999 even assessed the existence of conspiracy among banks and businessmen or other banks. Therefore there needs to be more assertive and more organized controls related to the practice of monopoly prohibition and fraudulent business competition.]]>
<![CDATA[PENGEMBANGAN MODEL FIDUSIA TERHADAP PENITIPAN BARANG DARI PERSERO PEGADAIAN KEPADA DEBITUR ]]>
<![CDATA[Muhammad Taufich Hidayat]]>;
<![CDATA[Martin Roestamy]]>;
<![CDATA[endeh Suhartini]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (582.384 KB)
|
DOI: 10.30997/jill.v11i2.2110
<![CDATA[This study aims: 1) To find out and analyze the development of fiduciary models for safekeeping of goods from PT. Pegadaian to the debtor, 2) To find out and analyze the execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults. The research method used in this study is a normative juridical study that uses a qualitative approach. The results of this study are: 1) Development of the fiduciary model for safekeeping of goods from the PT. Pegadaian to the debtor, namely the Fiduciary Installment Credit System (KREASI), where the credit facility is subject to the provisions applicable to fiduciary law. Debtors who need funds do not hand over objects used as collateral to PT. Pegadaian as a creditor. 2) Execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults, in the execution of fiduciary guarantees at PT. Pegadaian there are differences of opinion between PT. Pegadaian with the State Receivables and Auction Service Office (KP2LN). PT. Pegadaian states that the execution of fiduciary guarantees is carried out on its own with reference to the Basic Rules of PT. Pegadaian. Whereas KP2LN believes that the one authorized to carry out fiduciary guarantees is KP2LN with reference to the Fiduciary Law. In this case the author agrees with KP2LN because the legal basis of the Fiduciary Law is stronger than the Basic Rules of PT. Pegadaian.]]>
<![CDATA[PERSPEKTIF BANTUAN HUKUM DI KOTA BOGOR DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM ]]>
<![CDATA[Roni Ismail]]>;
<![CDATA[endeh Suhartini]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (837.372 KB)
|
DOI: 10.30997/jill.v12i1.2528
<![CDATA[Legal aid is a constitutional right for Indonesian citizens to obtain legal protection and equality. The existence of Law Number 16 of 2011 is a manifestation of that constitutional right. Fulfillment of legal aid for the poor in Bogor City has been partially implemented using APBD funds in accordance with Regional Regulation No. 3 of 2015 concerning Legal Aid for the Poor and Mayor Regulation Number 39 of 2015 as the Implementing Regulation. The provision of legal aid to the poor in Bogor which refers to the Bogor City Regulation No. 3 of 2015 concerning Legal Aid for the Poor has not yet been realized specifically for the people of Bogor City. This is due to obstacles from external and internal factors in its implementation, namely in the form of a Legal Assistance Organization which is only one accredited at the Ministry of Law and Human Rights and limited funds for absorption of legal aid implementation activities. Therefore, the Government needs to involve Legal Aids (LKBH-LKBH) in private university institutions in Bogor and its surroundings to be able to realize the plan for establishing Legal Consultation innovations (legal clinics) in 68 urban office Bogor City]]>
<![CDATA[PERAN UNDANG-UNDANG ORMAS TERHADAP PENYELESAIAN KONFLIK ANTAR ORMAS ]]>
<![CDATA[Wildhan Indra Pramono]]>;
<![CDATA[Adis Imam Munandar]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (559.461 KB)
|
DOI: 10.30997/jill.v12i1.2296
<![CDATA[In terms of handling community organization conflicts, the problems of violence and anarchism that arise are generally caused by the lack of readiness and firmness of the government in handling community demands. In addition, the existing Civil Society Organization Laws are weak. As a tangible manifestation of a state run by a state government, the state must play an active role in addressing social conflict that is no longer in line with national goals and ignores the law. In the context of the dissolution of riot organizations and triggers of government conflict, it can also see in detail the legal rules contained in the Ormas Law, using the basic concept of limiting human rights as mandated in the constitution and other laws and regulations, then in circumstances that can cause a concern in the Unitary State of the Republic of Indonesia can use the basic theory of state sovereignty to limit the legitimacy of the existence of a mass organization that can jeopardize state sovereignty.]]>
<![CDATA[TINJAUAN YURIDIS DALAM BUKTI HUKUM KONSUMEN DALAM MAKANAN HALAL ]]>
<![CDATA[Jacobus jopie Gilalo]]>;
<![CDATA[Adi Sulistiyono]]>;
<![CDATA[Burhanudin Harahap]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (629.688 KB)
|
DOI: 10.30997/jill.v12i1.2525
<![CDATA[Indonesia is a country with the majority Muslims in the world. As Muslims, it is obligatory to comply with religious prohibitions that must be obeyed, namely by not consuming food that are made from / have non-halal contents. Several laws, namely: Consumer Protection Act, Health Act, Food Act and Halal Product Guarantee Act are a form of legal protection for halal food products that can provide guarantees for consumption by Indonesian Muslim communities. This paper is a descriptive qualitative one that seeks to provide an overview of the problem of regulating halal food products in relation to consumer protection and legal protection of consumers in consuming halal food products. The results of this review study that the regulation of halal food products for companies or businesses that will trade their products in Indonesia based on the Halal Product Guarantee Act if related to consumer protection has provided legal certainty for the consumer community (Muslims) to consume halal food, namely by there are Halal Certification marks and Halal Labels. Likewise, several laws and regulations relating to halal food products that have been enacted provide legal protection for consumers in consuming food and beverages. Consumers must get information, safety and a sense of security for a food product that will be consumed according to their choices.]]>
