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
215 Documents
<![CDATA[TINDAK PIDANA TERHADAP KESUSILAAN YANG DILAKUKAN TOKOH MASYARAKAT DARI SUDUT PANDANG KRIMINOLOGI ]]>
<![CDATA[Hartanto Hartanto]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i1.2405
<![CDATA[Kejahatan terus berkembang seiring dengan perkembangan masyarakat di semua bidang: politik, ekonomi, sosial, budaya dan teknologi. Hampir setiap hari di berita surat kabar, serta media elektronik, ada berita tentang tindakan kriminal terhadap kesusilaan yang dilakukan oleh pelaku dengan berbagai latar belakang, dan yang menarik adalah tokoh masyarakatpun tak lepas dari godaan untuk melakukan tindak pidana. Mengapa itu terjadi dan bagaimana cara mengatasinya adalah sesuatu yang akan diteliti oleh penulis dalam perspektif kriminologi, menggunakan metode studi litelature. Kasus kejahatan kesusilaan terhadap perempuan, umumnya terjadi karena ketidakseimbangan hubungan kekuasaan yang dimaksud adalah antara laki-laki dan perempuan, dan bisa juga terjadi karena ketidakseimbangan "sosok" seseorang di masyarakat terhadap korban. Kejahatan secara umum tampak berkembang seiring dengan perkembangan zaman, tidak lagi melihat status atau figur sosial. Peneliti menyimpulkan, peran budaya, agama, dan akhirnya hukum harus selalu dikembangkan untuk menjadi elemen penanganan kejahatan terhadap kesusilaan]]>
<![CDATA[ASAS KEADILAN DALAM SUPLAI MAKAN TAHANAN KEPOLISIAN DAN LEMBAGA PEMASYARAKATAN DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 ]]>
<![CDATA[danang wijayanto]]>;
<![CDATA[Martin Roestamy]]>;
<![CDATA[endeh Suhartini]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i1.2526
<![CDATA[This study aims to find out and analyze the mechanism of procurement of food supplies, and the achievement of justice for prisoners of the Police and Penitentiary. The research method used in this study is normative juridical research. The results of this study are: 1) The mechanism of procurement of prisoner food supplies Police and Penitentiary, has sought to fulfill the right of prisoners to food in accordance with applicable standards and also Minister of Law and Human Rights regulations Number M.HH-01.PK.07.02 of 2009. This can be seen from timely food supply and is served three times a day by the Police and Penitentiary even though the menu presented is less varied when viewed from nutritional adequacy figures due to budget constraints, 2) Procurement of goods and services in the field of eating food of police and Penitentiary detainees to achieve justice, the authority of the Budget User Authority (KPA) during the process of auctioning prisoner food ingredients. So based on its authority, KPA has used its authority during the process of auctioning prisoner food ingredients, the legal arrangements for delays in obtaining prisoner food suppliers in the following fiscal year have no clear legal instruments so KPA has taken its own initiative in procuring prisoner food ingredients.]]>
<![CDATA[IMPLEMENTATION OF PROVISIONS ARTICLE 7 PARAGRAPH 2 OF LAW NUMBER 11 OF 2012 CONCERNING CHILDREN CRIMINAL JUSTICE ]]>
<![CDATA[Fransiska Novita Eleanora]]>;
<![CDATA[Sri Wahyuni]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i1.2277
<![CDATA[Children as successors to the ideals of the struggle of the nation must always be protected by the existence of their rights, including children who have legal obligations, meaning that the child if possible is not sentenced but is resolved by way of deliberation for consensus and a familial nature commonly referred to as diversion. . Settling this diversion so that children can be held responsible, remove the stamp or stigma attached to the child, and there is no sense of revenge between the perpetrator and the victim. But the obstacle in diversion is a crime committed by a child no more than 7 (seven) years and is not a repetition or recidivist, so the provisions of article 7 paragraph 2 are considered not to provide justice to children who have problems with the law, because the diversion must also ask the victim's agreement. , exceptions to the nature of minor criminal offenses, no victims, and losses suffered not exceeding the local minimum wage. The research method is normative juridical by reviewing literature and legislation relating to the problem under study, and the result is diversion prioritizing the best interests of children as perpetrators and victims in accordance with restorative justice and prioritizing children's rights to get justice in accordance with the protection of rights of childKeywords: children, law, criminal, justice]]>
<![CDATA[OPTIMALISASI PERLINDUNGAN HUKUM TENAGA KERJA DALAM ASPEK KESELAMATAN KERJA PADA PROYEK KONSTRUKSI DI WILAYAH BOGOR ]]>
<![CDATA[dani purwanto]]>;
<![CDATA[Ujang Bahar]]>;
<![CDATA[endeh Suhartini]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i1.2527
<![CDATA[Lack of awareness of workers is one of the factors causing work accidents that have occurred. This cannot be done as it should, so there are still frequent work accidents involving construction project workers. In the Bogor region itself, the issue of work safety is also a special concern of the government in realizing development. The method used by the author in this study is a descriptive legal normative research method, the implementation of work safety protection for construction project workers in Bogor City is still not running optimally, this is due to the absence of an agreement between workers and employers. Because in general construction project workers only have a working relationship with third parties outside the construction company. So that the participation of the government is needed to resolve work safety issues for construction project workers. The legal consequence arising from the absence of a work agreement for construction project workers is that they do not receive work health and safety insurance, other than that the wages received do not correspond to what has been provided by the company, because there is a third party tasked with coordinating these workers, so construction project workers do not have legal protection as mandated by law.]]>
<![CDATA[Legal Protection of Government Agency Logo: Intellectual Property Law Versus State Financial Law ]]>
<![CDATA[mustofa kamal]]>;
<![CDATA[efridani lubis]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i1.2124
<![CDATA[This study aims to determine the legal protection of the government agency logo according to intellectual property law according to state financial law and to find out the harmonization strategy of legal protection of government agency logos between according to intellectual property law and according to state financial law. Qualitative research is carried out using the applied law research approach. The results showed that the logo of government agencies is the result of intellectual property that can become a trademark or copyright. Repressive intellectual property legal protection can be done if preventive legal protection has been done through trademark registration or copyright. While legal protection for state finances can be done if the logos of government agencies become part of intangible assets. Government agencies are required to safeguard intangible assets through administrative safeguards, in the form of bookkeeping in financial statements, and legal safeguards, in the form of registering and storing proof of trademark certificates or copyrights. If these two safeguards are carried out, harmonization between legal protection according to state financial law and intellectual property law has taken place. Preventive and repressive protection of agency logos as intangible assets can be optimized. Keywords: agency logos, intangible assets, legal ]]>
<![CDATA[PENGEMBANGAN MANDATORI ZAKAT DALAM SISTEM ZAKAT DI INDONESIA ]]>
<![CDATA[Adang Budaya]]>;
<![CDATA[Syamsuddin Ali Nasution]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v13i1.3036
<![CDATA[Indonesia is a country with the most Muslim population in the world. According to Global religius future, at the beginning of 2020, 87% of its citizens were Muslims or around 209.12 million people. This is very potential for the development of zakat in Indonesia. Because basically, muzakki will still be there every year or month so that economic sustainability will be maintained and sustainable. Zakat has three fundamental functions, namely to purify the soul, blessing fortune and as an expression of social care for others. Zakat is a mandatory command of God to Muslims stated in the Qur'an and the Hadith of the Prophet Muhammad. The pillars of Islam as the five foundations of Islamic identity, are the driving force in increasing piety. Coupled with the six pillars of faith as a basic manifestation of our faith in Allah Subhanahu Wa Ta'aalaa. However, what remains a problem is that Indonesia, with the status of the largest Muslim country in the world, has not been able to break the zakat into a source of state income as well as taxes. Zakat is still voluntary. While the 2011 Zakat Law No. 23 concerning the Management of Zakat only requires amil and its management procedures, which must follow the guidelines of Islamic law.Keywords : Zakat; Sharia; Islamic Law.]]>
<![CDATA[PEMENUHAN JAMINAN KESEHATAN OLEH PERUSAHAAN DALAM PERPEKTIF PERATURAN PEMERINTAH NOMOR 86 TAHUN 2013 ]]>
<![CDATA[Luhukay, Roni Sulistyanto]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 13 No. 2 (2021): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Universitas Djuanda ]]>
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<![CDATA[Fulfillment of workers' rights to health is a basic right guaranteed by the state, this is because health as an element of general welfare must be realized in accordance with the aspirations of the Indonesian people, this welfare is in the form of health which must receive protection from the government Health must be fulfilled legally and constitution. For this reason, the fulfillment of workers' rights to obtain health insurance provides social protection for workers in order to increase their welfare and productivity. The BPJS Health Insurance by the Company is a state step in guaranteeing the workers' Health Insurance through the BPJS program with the intention that this obligation can cause optimal losses from the company without considering other aspects. The act of requiring companies to register themselves with the BPJS also killed other businesses that were engaged in business activities. Ideally, the government is present as part of providing revolutionary breakthroughs by not involving the interests of other institutions, the responsibility of the state is to protect every business activity and not to compete with or prioritize certain institutions but to be able to show objectivity and fairness in every business activity.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENGOBATAN TERAPI BEKAM DI WILAYAH BOGOR ]]>
<![CDATA[Budi Santoso]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v13i1.4199
<![CDATA[The objectives of this study are: 1) To determine and analyze the legal protection of consumers from traditional medicine with the method of cupping treatment in the Regency and City of Bogor. 2) To find out and analyze the responsibilities of cupping treatment businesses in Bogor Regency and City towards consumers who have suffered losses. The research method used in this study is a normative juridical research that uses a qualitative approach. The results of this study are: 1) Protection of cupping treatment consumers in Bogor Regency and Bogor City, in dispute resolution can be done through a mechanism that has been regulated in the Consumer Protection Law, namely through a dispute resolution mechanism in court or outside the court. 2) The responsibility of the cupping treatment business actors to consumers who are harmed can be accountable for their actions both civil and criminal. This is aimed at increasing the bargaining position of consumers in making transactions with business actors, so that they are not treated arbitrarily because there is a law that regulates it.Keywords: Legal Protection; Consumer; Traditional Treatment.]]>
<![CDATA[ANALISIS YURIDIS KEBERADAAN PERUSAHAAN OUTSOURCING DAN HAK PEKERJA TERKAIT SISTEM KONTRAK BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 ]]>
<![CDATA[Haerudin .]]>;
<![CDATA[Endeh Suhartini]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v13i1.4200
<![CDATA[The purpose of this study are: 1) To find out and analyze the existence of outsourcing companies in contract system workers. To find out and analyze the granting of rights for workers related to the contract system based on Law No. 13 of 2003 concerning Labor. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data as primary data. The results of this study are: 1) The existence of outsourcing companies in contra system workers, in terms of employment relations between workers and outsourcing companies is based on a Specific Time Work Agreement, then the work agreement must require the transfer of the protection of the rights of workers whose objects of work remain, even though there is a change of companies that carry out part of the work of other companies or companies providing workers' services. 2) The granting of rights for workers related to the contract system based on Law Number 13 of 2003, there are still outsourced workers who are not registered with Jamsostek, so the legal protection of health and safety for outsourced workers is not implemented.Keywords : Labor Law; Outsourcing Company; Work Agreement.]]>
<![CDATA[PERSAINGAN USAHA TIDAK SEHAT DALAM PERDAGANGAN BAHAN PANGAN DIKAITKAN DENGAN UU NO. 5 TAHUN 1999 ]]>
<![CDATA[Hidayat Rumatiga]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v13i1.4201
<![CDATA[In Indonesia, the formulation of the Anti-Monopoly Law was motivated by an agreement between the International Monetary Fund (IMF) and the Government of the Republic of Indonesia. However, the agreement with the IMF was not the only reason for drafting the law. Even though Indonesia already has an anti-monopoly law, it still practices monopoly in doing business. For example, the monopolistic practices carried out by 12 hen holding companies. sentenced to a total of Rp. 119.8 billion in fines to 11 companies that surpassed the chicken cartel. The verdict was handed down after the Commission Council chaired by Kamser Lumbanradja conducted an examination of Case Number 02 / KPPU-I / 2016 concerning Violation of Article 11 of Law Number 5 Year 1999 concerning cartel agreements at the KPPU hearing, on 13/10/2016 in Jakarta.Keywords : Business Competition; Trade; Comestibles.]]>
