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[HAK PEKERJA YANG TERKENA PHK SEBELUM MASA KONTRAK BERAKHIR ]]>
<![CDATA[Asri Wijayanti]]>;
<![CDATA[Kaharudin Putra Samudra]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 13 No. 2 (2021): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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<![CDATA[The work agreement for a specific time should end after the contract period is over. The fact is that in the community. It is often found that the contract period ends before the time specified in the work agreement for a certain time. The purpose of this research determined the rights of workers who were terminated before the contract period ended and their legal remedies. This research was normative juridical by using a statute approach to the Supreme Court decision number 16 K/Pdt.Sus-PHI/2020. The first result of this research that workers should receive rights in the form of wages for the remainder of the contract period when their employment relationship was terminated unilaterally by the employer before the contract period ends in accordance with Article 62 of Manpower Law. The workers can do it because this decision had been in kracht van gewijsde since the decision was read by the judge of the Supreme Court and there was no legal action for review. The conclusion should be the decision of the Supreme Court grant the right of the remaining contract period in accordance with Article 62 of Manpower Law.]]>
<![CDATA[TINJAUAN YURIDIS PEMUNGUTAN PAJAK PENGHASILAN BAGI PENERIMA BONUS ATLET PROFESIONAL DI INDONESIA ]]>
<![CDATA[Ade Yusuf Hidayat]]>;
<![CDATA[Ujang Bahar]]>;
<![CDATA[Agus Surachman]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i2.2623
<![CDATA[All Indonesian people who already have income have generally become taxpayers, where they are required to report and pay taxes on income received. Both employers, employees and even athletes must pay and report their taxes. The objectives of this study are: 1) To find and analyze the juridical review of income tax collection for bonus recipients of professional athletes in Indonesia, 2) To find out and analyze the obstacles in collecting income tax for recipient of professional athlete bonuses in Indonesia. 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) Juridical review of income tax collection for recipients of professional athlete bonuses in Indonesia, that the tax on bonuses given to professional athletes can be excluded from the collection of Income Tax Article 21 because it is borne by the government. However, when submitting an Annual Notification Letter (SPT), taxpayers must still report the income received from the bonus, 2) Obstacles in collecting income tax for recipients of professional athlete bonuses in Indonesia, namely: regulations for implementing laws that are often inconsistent with the law, lack of guidance on income taxation, incomplete database, weak law enforcement against taxpayers if they violate, lack or lack of public awareness.]]>
<![CDATA[PERLINDUNGAN HAK EKONOMI PENCIPTA E-BOOK PADA SITUS BUKU GRATIS MERESPON PERKEMBANGAN HUKUM INFORMATIKA DAN TRANSAKSI ELEKTRONIK ]]>
<![CDATA[Arif Rahman]]>;
<![CDATA[Efridani Lubis]]>;
<![CDATA[Agus Surachman]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i2.2624
<![CDATA[The purpose of this research is: 1) To find out and analyze the protection of the economic rights of the creators of e-books on free book sites in response to the development of informatics law and electronic transactions. 2) To find out and analyze dispute resolution violations of the economic rights of e-book creators on free book sites in response to developments in informatics law and electronic transactions. The research method used in this study is normative juridical research that takes a qualitative approach that looks at and analyzes the legal norms in existing laws and regulations and sociological research is complementary data as primary data. The results of this study are: 1) Protection of the economic rights of e-book creators on free book sites in response to the development of informatics law and electronic transactions, related to the protection of creators' economic rights in accordance with the Copyright Law that an e-book is a copyrighted work produced by the creator, so in this case the creator has a part of the exclusive rights in the form of economic rights from the results of the e-book, the economic rights are protected by Article 8 and Article 9 of the Copyright Law on Economic Rights. While the ITE Law provides the protection of the creator's economic rights in terms of electronic transactions, because of the nature of the distribution of e-books using electronic media, where the legal electronic media is included in the realm of the ITE Law. 2) Settlement of disputes on economic violations of e-book creators on free book sites in response to developments in informatics law and electronic transactions, namely through voluntary mediation carried out by parties outside the court in settling disputes over copyright infringement e-books in the realm of civil law.]]>
<![CDATA[ASAS ITIKAD BAIK DALAM KONTRAK KERJASAMA KEGIATAN PERTAMBANGAN DI INDONESIA ]]>
<![CDATA[Teresia Dweyana Resa]]>;
<![CDATA[Achmad jaka Santos Adiwijaya]]>;
<![CDATA[Ujang Bahar]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i2.2625
<![CDATA[Every human being has a variety of interests both individuals and the interests of the group, of course, to fulfill these interests is required of other human relationships or deeds. One manifestation of human relations is carried out through a conshelf or agreement, in particular cooperation agreements. This research aims to determine the application of the principles of goodwill in the contract of cooperation in mining activities in Indonesia, how the termination of unilateral agreements and how the agreement related to the cooperation with the law Mining in Indonesia.This research uses empirical approach methods. This empirical approach is used in the hopes of being able to obtain a clear and intact picture of the background and the intricacies of the implementation of contractual agreements and also to know the constraints faced in the implementation of the agreement The. Data collection techniques and Data collection tools using observational techniques that are data collection techniques by viewing or observing directly on the research object. Documentation technique is a technique of collecting data obtained from documents that are in the form of archives or other manuscripts obtained from institutions related to research. The research object is the parties who do the cooperation agreement on mining activities in Indonesia (case study of Supreme Court decision No. 2478 K/PDT/2014)]]>
<![CDATA[Analisis Penerapan No First Use Policy Dalam Penggunaan Senjata Nuklir: Sebuah Tinjauan Yuridis ]]>
<![CDATA[Yunia Utami Indah Haloho]]>;
<![CDATA[Xavier Nugraha]]>;
<![CDATA[Atiqoh Farhan Maulani]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i2.2770
<![CDATA[The preservation of the stability of world peace became one of the wishes of the entire international community. But these expectations seemed to be a sense of concern in the event of a war between countries using nuclear weapons. International law governs the nuclear weapons of international treaties, one of which is the Treaty on Non-Proliferation of Nuclear Weapons in 1968. In addition to providing a guarantee of a sense of security was formed No First Use Policy to ensure the country owners of nuclear weapons are not the first party to use nuclear weapons in the event of a conflict with other countries. The purpose of this research is to learn about the implementation of No First Use Policy on the use of nuclear weapons by the countries that have them and the international security of the world. The method used in the study is normative juridical is supported by data obtained by library research. Regarding the implementation of the No First Use Policy each country with nuclear weapons has different attitudes about it. Whereas No First Use Policy has had a positive impact on the arrangement of the use of nuclear weapons of the world for security and order.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP PENEGAKAN HUKUM BAGI PENGENDARA KENDARAAN BERMOTOR YANG TIDAK MEMBAYAR PAJAK ]]>
<![CDATA[Yudi Rusyadi]]>;
<![CDATA[Ujang Bahar]]>;
<![CDATA[Achmad Jaka Santos Adiwijaya]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i2.3276
<![CDATA[Increasing the ownership of motorized motorists will also increase the number of taxpayers who must pay taxes. But not a few taxpayers who later neglect the payment of the tax. This study aims to determine and analyze law enforcement and the effectiveness of fines sanctions for motorized motorists who do not pay taxes based on Law Number 22 the Year 2009 concerning Traffic and Road Transportation. The research method used in this study is normative juridical research. Law enforcement of motorized motorists who do not pay taxes based on Law Number 22 the Year 2009 concerning Road Traffic and Transport, sanctions imposed on taxpayers, first warning efforts are made in the form of notification of Motor Vehicle Tax (PKB) and late notice PKB payment. Then if the taxpayer has not appropriately responded, administrative sanctions will be in the form of fines and interest. The implementation of administrative sanctions in the form is considered less effective.]]>
<![CDATA[MODEL PENGELOLAAN PENDAYAGUNAAN SUMBER DAYA AIR PADA USAHA AIR MINUM DALAM KEMASAN (AMDK) DI INDONESIA ]]>
<![CDATA[Ajeng Famela]]>;
<![CDATA[Achmad jaka Santos Adiwijaya]]>;
<![CDATA[Agus Surachman]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i2.3278
<![CDATA[Liquid water is a physiological physiologic where humans need air to retain their lives, the existence of article 33 Constitution 1945 as a corridor of air resource management, where the utilization of permissible is done constitutionally and aims to the maximum for prosperity of people. The method of approach used in this study is normative juridical, which is the law conceptualized as norm, rule, principle or dogma. Data collection techniques used through literature research methods and Interviews as well as using qualitative analysis. ased on the research conducted by the authors that the management of water resources utilization pursuant to article 33 of the Constitution of 1945 is the existence of state rights over water that can be said to exist when the state, which by the constitution 1945 is mandated to create a policy (beleid), still in control in carrying out the management action (bestuurdaad), the action of the arrangement (regelendaad), management actions (beheersdaad) and supervision measures (toezichthoudensdaad) as the development of the model of water resource utilization management on the business of bottled drinking water Government can develop models from licensing, the addition of administrative sanki, expansion of bottled water production, and initiating private cooperation with the government through the form of BOT agreements]]>
<![CDATA[ASAS KEPATUHAN DALAM MENJALANKAN SISTEM PERJANJIAN KERJA WAKTU TERTENTU DI WILAYAH BOGOR ]]>
<![CDATA[Iwan Wahyudi]]>;
<![CDATA[martin Roestamy]]>;
<![CDATA[endeh suhartini]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v12i2.3279
<![CDATA[The purpose of this study are: 1) To find out and analyze the principle of compliance in carrying out a Temporary Appointment Work Agreement system in the Bogor area. 2) To find out and analyze steps to improve the fate of workers in a Temporary Appointment Work Agreement system in the Bogor area. The research method used in this research is normative juridical research and sociological research. The results of this study are: 1) The principle of compliance in carrying out the system of Temporary Appointment Work Agreement in Bogor Regency and Bogor City, in practice there are still frequent violations, due to unclear rules regarding the application of a Temporary Appointment Work Agreement (PKWT). 2) Measures to improve the fate of PKWT system workers, in terms of legal structure refer to the form and position of legal institutions contained in the labour law system. For workers who are not in accordance with the laws and regulations, for the sake of law will change to PKWTT, which is changed to become permanent workers. The protection provided is in the form of rights and obligations as permanent workers in the form of protection of the rights to wages, occupational health, job security, severance pay, reward money for work tenure, and work replacement money. Legal culture (legal culture) includes the values contained in the community that underlies the applicable law in PKWT.]]>
<![CDATA[ANALISIS PENGATURAN PERTANGGUNGJAWABAN PEMERINTAH DAERAH KABUPATEN KARWANG TERHADAP ANAK TERLANTAR BERDASARKAN PERATURAN DAERAH NO. 8 TAHUN 2012 TENTANG PENYELENGGARAAN KESEJAHTERAAN SOSIAL ]]>
<![CDATA[Resta Safira]]>;
<![CDATA[Margo Hadi Pura]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v14i1.4564
<![CDATA[In Indonesia, it seems that not every legal protection policy for displaced children applied so far is based on a deep understanding of the problem. The policy of legal protection of displaced children applied so far tends to be patchy only, if not to be said contradictions. This is because the law that is supposed to protect the basic rights of displaced children is actually struggling with its own problems this social problem that plagues the city of Karawang is becoming a duty and responsibility to displaced children This research method is used normative juridical that focuses on the facts in a society and the main data obtained through observation and interview and by conducting a decscriptive approach of legal interpretation, namely the study of libraries or documents while in addition to juridical has been regulated in its implementation there are still obstacles or obstacles and some steps taken by the district government of Karawang, namely Din as Social is an important key to solving this problems.]]>
<![CDATA[PERAN DINAS TENAGA KERJA KABUPATEN ASAHAN DALAM PENYELESAIAN PERSELISIHAN HAK PEKERJA/BURUH ]]>
<![CDATA[Mangaraja Manurung]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v14i1.4901
<![CDATA[In the employment relationship there are workers/labor rights, commonly referred to as normative rights. Where it turns out that the practice is not fully implemented by the entrepreneur, many entrepreneurs actually carry out the normative rights of workers/laborers, which are still far below the applicable provisions, so that in the end it creates conflict. This research was carried out by looking at the truth in the field and by taking into account the provisions of the applicable norms which were then confirmed by the Asahan Regency employment agency. Disputes over the rights of workers/laborers that often occur are regarding the lack of wages which are carried out in conjunction with demands for payment of severance pay as a result of termination of employment. The settlement process still faces many obstacles.]]>
