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[MEREFLEKSIKAN PEMBINAAN BAGI ANAK DI LEMBAGA PEMBINAAN KHUSUS ANAK KELAS II MAROS ]]>
<![CDATA[Miftahul Jannah]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i1.4944
<![CDATA[Protection of children is carried out as an effort to present the next generations of the nation and realize the ideals of the nation in the future, efforts are made as part of the form of coaching in realizing the goals of the diatan. The development program for correctional students at the Maros Class II Special Child Development Institute has not been effective because there are still shortcomings, namely the absence of a legal awareness program and the provision of formal education which affects the non-fulfillment of the rights of correctional students, moreover there are still adult prisoners who should be separated from children. Then the classification is also not applied so that it affects the effectiveness of the coaching program for correctional students at the Maros Class II Children's Special Guidance Institute. The role of the officers of the Child Special Guidance Institution should have been confirmed in the laws and regulations and the officers should have carried it out. The actual role of the Children's Special Guidance Institute officers based on research is still not optimal due to the lack of quality and human resources. Then regarding the completeness of facilities and infrastructure, there are still many that have not been fulfilled, thus hampering the realization of an effective coaching program.]]>
<![CDATA[ANALISIS PENGATURAN PERTANGGUNGJAWABAN PEMBUANGAN LIMBAH CAIR PT.PINDO DELI III DI KABUPATEN KARAWANG ]]>
<![CDATA[Muhamad Tanto Mulyana]]>;
<![CDATA[Hana Faridah]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i1.5233
<![CDATA[The rapid global economic growth that refers to the era of modernization will have a major impact on companies that affect sectors of human life. In carrying out their business activities, companies often carry out deviant activities that have an impact on all aspects of life and the environment. Seeing the Karawang Regency area being a fast industrial city, and the way the company's waste is managed is quite an important factor for various types of hazardous and toxic waste. Because the quality standards in accordance with the recommendations are not supposed to be dumped directly into the river and become a source of pollution and environmental destruction. The research method used is normative juridical which focuses on the facts that exist in a society. The main data obtained by means of observation and interviews to take a descriptive approach to legal interpretation, namely literature or document studies. In the role supervision of the Department of Environment and Hygiene in Karawang Regency regarding the action of an environmental pollution incident that occurred in the Karawang area without a permit, analysis of environmental impacts and accountability efforts carried out by PT. X for the overflow of the liquid waste, as a form of recovery from the impact of environmental pollution in the Cibeet River and its surroundings]]>
<![CDATA[TINDAKAN EXTRAJUDICIAL KILLING TERHADAP TERDUGA PELAKU TINDAK PIDANA TERORISME DALAM PERSPEKTIF ASAS PRESUMPTION OF INNONCENT DAN HAM ]]>
<![CDATA[I Ketut Astawa]]>;
<![CDATA[Daud Munasto]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i1.5302
<![CDATA[There have been a number of terrorist incidents in Indonesia that have led to extrajudicial killings in several cases by the police. Extrajudicial killing is an act that is carried out on the basis of the discretion of certain authorities to carry out acts of murder against perpetrators suspected of committing crimes of terrorism. Criminal acts of terrorism are regulated in Law Number 2 of 2002 concerning Eradication of Criminal Acts of Terrorism, the meaning of terrorism is a deliberate attack on public order so as to cause fear to the wider community. In criminal procedural law there is the principle of presumption of innocence, which means that a person is considered innocent before a judge's decision has permanent legal force. Because everyone also has human rights that must be protected by anyone, especially the police as law enforcers. This writing uses a normative juridical method, namely the study of legal principles, legal systematics, and legal comparisons. In addition, it discusses the doctrines in the science of law, and this writing has a descriptive-analytical philosophy that describes in detail, systematically, and thoroughly.]]>
<![CDATA[MODEL PERLINDUNGAN HUKUM BAGI KREDITUR LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI DI MASA PANDEMI COVID-19 ]]>
<![CDATA[Debbi Puspito]]>;
<![CDATA[Martin Roestamy]]>;
<![CDATA[Edy Santoso]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i1.5303
<![CDATA[The purposes of this study are 1) to find out and analyze the forms of violations committed by fintech lending debtors online during the Covid-19 pandemic; 2) to find out and analyze the legal protection model for creditors in these services during the Covid-19 pandemic. The research method used is normative juridical analysis with a descriptive analysis approach. The results of this study are: 1). There are 3 types of violations encountered during the loan service research, namely default in the form of default by the debtor at the time of repaying the loan for several reasons, including not having a fixed income while the debtor needs funds for his daily needs. Another problem is the existence of bad faith from third parties (sales), committing fraud violations with fictitious debtor data and deliberately failing to pay 2). Legal protection models that can be applied include: Financial protection in the form of insurance for creditors; Guarantee Protection in the form of intangible assets in the form of a National Identity Number; Agreement protection, namely strengthening the position of creditors in the contents of the agreement: and protection of strict sanctions contained in the legislation.]]>
<![CDATA[ANALISIS YURIDIS KONFLIK KOMPETENSI PENYELESAIAN SENGKETA PEMBERHENTIAN DIREKSI MELALUI PENGADILAN NEGERI DALAM PERSPEKTIF KEPASTIAN HUKUM ]]>
<![CDATA[Anna Khoirunisya]]>;
<![CDATA[Efridani Lubis]]>;
<![CDATA[Achmad Jaka Santos Adiwijaya]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i1.5304
<![CDATA[The aims of this study are: 1) To compare the results between district court decisions and industrial relations comparisons in disputes regarding the dismissal of company directors in the perspective of legal certainty, and 2) proposals issued for the settlement of the dispute. The method used in this research is a normative juridical approach or library research. The results of this study found that the dismissal of directors that occurred was purely a civil dispute whose authority was in the district court so that there was an error from the district court judge in applying the normative provisions of the limited liability company law and labor law related to the position of company directors. The Board of Directors is a company organ appointed by the GMS and is authorized and fully responsible for managing the company. The legal relationship between the board of directors and the shareholders is a fiduciary duties and the provision of a mandate (legal mandatory), not a working relationship between workers and employers. So the dispute on the dismissal of the company's directors is an ordinary civil dispute that must be resolved in the District Court]]>
<![CDATA[SISTEM PEMBUKTIAN PEMALSUAN DOKUMEN DALAM TINDAK PIDANA PEMILU DI INDONESIA ]]>
<![CDATA[M. Khaerul]]>;
<![CDATA[Amir Ilyas]]>;
<![CDATA[Audyna Mayasari Muin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i1.5305
<![CDATA[In the proof system for falsifying documents in election crimes, of course, it requires a good process in terms of applying sanctions for violators if they are proven to have committed an election crime, seen from material and formal legal facts and supported by evidence submitted starting from the investigation process, investigation to the court so that the trial process can determine whether the defendant is guilty or not, based on the evidence presented. As well as the application of sanctions regulated in the law, both specifically and generally. The proof system for falsification of documents in election crimes in Indonesia refers to Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHP), and is also based on evidence presented at trial. 2) The legal implications of the document falsification system in electoral crimes in Indonesia in terms of formal and material legal regulations in Law Number 7 of 2017 concerning General Elections, and the administration of elections as well as law enforcement officers in election crimes]]>
<![CDATA[EKSISTENSI HAK KEKEBALAN DIPLOMATIK TERHADAP PELANGGARAN HUKUM SEORANG DIPLOMAT DALAM KACAMATA HUKUM INTERNASIONAL DAN YURISDIKSI NEGARA PENERIMA ]]>
<![CDATA[Dwi Nuryani]]>;
<![CDATA[Cinde Salsabiil]]>;
<![CDATA[Happy Herlambang]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i2.4594
<![CDATA[The purpose of this study is to determine the ideal law enforcement for foreign diplomats who commit violations or crimes in the receiving country. Then also to find out the implementation of law enforcement against criminal cases committed by US diplomats (2017) and Malaysian diplomats (2014) in New Zealand. The normative juridical method and qualitative analysis are the research methods used in this paper, namely collecting data relevant to the issues to be discussed and then linked to one another in order to obtain conclusions. All data obtained in this paper are sourced from relevant legal sources, books, journal articles, and other literature. The data obtained is secondary which is processed to obtain conclusions. The results of this study indicate that the receiving country has the authority to carry out Persona Non-Grata to diplomats who are considered incapable or fail in carrying out their duties in their country such as in terms of law violations/crimes so that the sending country needs to ensure that its Diplomat Officers are people who are able to carry out their duties and missions. and carry the name of his country and ensure that no immunity rights are abused. The receiving country must be selective about determining who is right and appropriate to be a representative of another country entering the country, this is for the security and comfort of the country.]]>
<![CDATA[ANALISIS KEBIJAKAN PEMERINTAH DALAM PENANGANAN WABAH COVID-19 SEBAGAI KEBIJAKAN DARURAT MENURUT HUKUM TATA NEGARA DARURAT ]]>
<![CDATA[Muhammad Mutawalli Awal]]>;
<![CDATA[Tia Ludiana]]>;
<![CDATA[Muhammad Nur Ichsan]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i2.4674
<![CDATA[This study aims to find out how the government implements policies in dealing with the Covid-19 outbreak as an emergency which is reviewed from the point of view of emergency constitutional law. In the study of emergency constitutional law, all forms of implementation of policies by the government were considered reasonable considering that the Covid-19 outbreak involved a state of emergency regarding health emergencies. The forms of government policies are considered to still have leniency in the implementation of policies to handle the Covid-19 outbreak, which has resulted in a very high number of positive cases and deaths in Indonesia. This type of research is normative legal research using legal material collection techniques through library research methods which are analyzed descriptively qualitatively. The results of this study are that by implementing a periodic lockdown program in each provincial area which is delegated to the regional government, it is able to reduce the number of positive cases and death rates from the impact of the Covid-19 pandemic outbreak. In the review of emergency constitutional law, government policies in handling Covid-19 are considered mandatory and legally allowed to be implemented, even though these policies override the applicable laws and regulations.]]>
<![CDATA[PARADIGMA TEORI HUKUM FEMINIS TERHADAP PERATURAN PERLINDUNGAN HUKUM BAGI PEREMPUAN KORBAN KEKERASAN SEKSUAL DI INDONESIA ]]>
<![CDATA[Fenita Dhea Ningrumsari]]>;
<![CDATA[Nur Azisa]]>;
<![CDATA[Wiwie Heryani]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i2.4704
<![CDATA[The research is aim to analyze the regulation of legal protection for women as victims of sexual violence through feminist legal theory viewpoint. This theory is reputed that law is made from male point of view, so that the existing rules are considered as a product of patriarchy. This research used normative legal research method, namely by library studies. The results show that the scope of preventive regulations of legal protection are still limited. Moreover, from feminist legal theory viewpoint, the existing legal protection regulations are gender-biased and not representing the voice of women as victims of sexual violence. Despite Indonesia already has laws and regulations to protect women from sexual violence, which is more victim perspective, yet is limited to only several applied. A product of legal protection that accommodates the principles of feminist legal theory which are not limited to certain domestics is required.]]>
<![CDATA[AKUNTABILITAS PENGELOLAAN DANA DESA DALAM PENCEGAHAN TINDAK PIDANA KORUPSI ]]>
<![CDATA[Yustika Mahdania]]>;
<![CDATA[Aminuddin Ilmar]]>;
<![CDATA[Audyna Mayasari Muin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30997/jill.v14i2.4757
<![CDATA[This research aims to analyze the accountability of village fund management as a prevention of corruption in the accountability of village fund management. and analyze the form of supervision in accountability of village fund management as a prevention of corruption crimes. This type of research is a normative method, using a case approach. The results of the study show that: Accountability of village fund management in preventing corruption can be seen from performance measurement, performance management, and performance budgeting. In the management of village funds, there are still frequent misuse of village funds for the personal interests of village government elements. The form of supervision in the accountability of village fund management in preventing corruption through preventive supervision and repressive supervision. In reality, the rules related to the form of supervision have been regulated by involving various parties. However, in practice there are still many village government elements who easily misuse village funds.]]>
