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JURNAL ILMIAH LIVING LAW
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INDONESIA
JURNAL ILMIAH LIVING LAW
Published by Universitas Djuanda Bogor
ISSN : 20858078     EISSN : 25501208     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 215 Documents
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URGENSI REFORMASI UNDANG-UNDANG TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN SEBAGAI DAMPAK PENERAPAN KONSEP OMNIBUS LAW DI INDONESIA Achmad Jaka Santos Adiwijaya; Danu Suryani; Kukuh Komandoko; Muhammad Vijay
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6299

Abstract

The purpose of this study is to identify and analyze the need for regulatory reform regarding the formation of laws and regulations to organize legislation in Indonesia and what effect the Omnibus Law method has in the formation of laws and regulations in Indonesia. The method used in this study is normative juridical, with data collection carried out by analyzing data obtained in laws and regulations, books, journals, research results, observation methods, and interview methods. This study concludes that Law Number 12 of 2011 concerning the Establishment of Legislation and its amendments has not accommodated the legislation drafting technique using the Omnibus Law method. The opportunities for further use of the Omnibus Law method are First, with the adoption of the Omnibus Law in the formation of legislation through Law Number 11 of 2020 concerning Job Creation, the government needs to follow up by reforming the Law on the Establishment of legislation. Second, the government needs to examine the implementation of the laws formed using the Omnibus Law method.
PERLINDUNGAN HUKUM BAGI KONSUMEN PERUMAHAN ATAS PENYALAHGUNAAN FASILITAS SOSIAL DAN FASILITAS UMUM MENJADI LAHAN BISNIS Abdullah Emile oemar Alamudy; Martin Roestamy; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6358

Abstract

Social Facilities and Public Facilities are supporting facilities in a residential area to provide interaction and activities for the residents. This Social and Public facility has existed since a housing will be built which is stated in the Site Plan to be known by housing consumers. However, the site plans sometimes turn into business from their original functions. With the normative juridical research method, the author tries to examine laws and regulations relating to Social and Public Health by analyzing the handling of changes in these facilities that have changed functions into business land as legal protection for housing consumers and efforts to resolve the switching function of these facilities by developers as a legal liability. The results of the research carried out, that the change into a business area in a housing/settlement is very detrimental to the rights of customers to get their rights to the facilities.
PERBANDINGAN SISTEM HUBUNGAN KERJA PKWTT DAN PKWT DALAM UPAYA PENINGKATAN KESEJAHTERAAN PEKERJA Rudi Avianto; Endeh Suhartini; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6361

Abstract

The Employment Relations System occurs by a work agreement between Workers and Employers. This employment relationship is regulated in Law No. 13 of 2003 concerning Manpower in Chapter IX Articles 50-66, which known as Employment contract for an unlimited time (PKWTT) and the Employment Contract Limited Time (PKWT). The aim of this research are : 1) to know the policies of the PKWTT and PKWT employment relations systems for the companies. 2) to know the comparison of the PKWTT and PKWT employment relations systems for the companies which associated with the efforts to improve workers welfare. The research method used is sociological juridical research. From the research results, it is known that the PKWTT and PKWT employment relations system policies, the percentage of PKWTT workers is greater, which is around 60% (PKWTT) and 40% (PKWT), including the comparison of rights and welfare facilities is better for PKWTT workers. For this reason, government regulations regarding rights and welfare facilities are needed for PKWT workers, so that they can be aligned or balanced.
ANALISIS PENGATURAN KEAMANAN DATA PRIBADI DI INDONESIA Mirnayanti Mirna; Judhariksawan; Maskum
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

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Abstract

This study aims to analyze the regulatory invitation regarding the protection of personal data and the urgency of the bill Personal Data Protection in Indonesia. The type of research used by the author is the type of legal research normative approach to the method of legislation, approach case, and conceptual. The legal materials used consist of: primary law, namely related laws and regulations, as well as material secondary law, namely book literature, legal journals, articles and bills PDP. The entire legal material is analyzed qualitatively and presented descriptively. The results of the study answered that: 1) arrangements regarding security Personal data in positive law in Indonesia is spread across various fields sectoral laws and regulations covering 32 regulations scattered in the Human Rights Act, sector telecommunications and informatics, public service sector, sector health, population and archives sector, banking sector, finance, and taxation, trade and industrial sectors as a form of protection of personal data and public privacy. cause there is no harmonization at the normative level as well as the absence of stronger legal certainty for the community because there is no law that specifically regulates related personal data protection. 2) The legal politics of the formation of the PDP Bill from In terms of the formation process, it has been proposed since 2014. As of January 24, 2020, the PDP Bill has been signed by President Joko Widodo and will then be discussed in the DPR. PDP Bill This will be proposed in the DPR's priority national legislation program for the period 2019-2024. In terms of substance related to legal protection arrangements In the PDP Bill, it contains provisions related to the rights owned by the community for the data. Key Words: Security, Personal Data, Positive Law, PDP Bill.
ANALISIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR : 329/PID.B/2021/PN.TJK) Zulfi Diane Zaini; M Rifky Hendrian Rifky
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

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Abstract

The crime of theft with violence is different from ordinary theft, criminal acts of theft with violence such as vandalism, beatings, beatings and others, the threat of punishment is heavier than ordinary theft.  The problem in this research is what are the factors that cause the crime of theft with violence?  Criminal liability of perpetrators of theft with violence in Decision Number: 329/Pid.B/2021/PN.Tjk?  Judge's consideration in the decision of the criminal act of theft with violence in the decision Number: 329/Pid.B/2021/PN.Tjk?.  Research method The method used in the preparation of this journal is a normative legal approach and an empirical approach.  Based on research on the causative factors are economic factors, malicious intent, the environment, the negligence of the victim.  the accountability of the perpetrators is very little and does not provide a deterrent effect to the perpetrators of crimes, so that cases like this can arise again.  The judge's consideration by considering the aggravating and mitigating actors in the judicial process.  Keywords: Criminal Sanctions; Theft; Violent
PENERAPAN PIDANA PEMBINAAN DI LUAR LEMBAGA TERHADAP ANAK SEBAGAI BENTUK PIDANA DENGAN SYARAT rahmithasari marwahputri; Syamsuddin Muchtar; Nur Azisa
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

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Abstract

This study was written to find out and analyze the application of criminal conditions on children who are perpetrators of crimes based on Decision Number 2/Pid.Sus-anak/2020/PN.SKG and the implementation of criminal coaching outside the institution against children in accordance with the form of criminal conditions with conditions. The results of the study show that there are efforts from law enforcement to protect the rights of children in conflict with the law. Coaching outside the institution also really requires coordination between the Community Counselor and the child's parents. There is a legal vacuum in terms of technical regulations for fostering children outside the institution. So that the Supervision of Children should be made technical implementing regulations so that they can be used as a reference by the Community Counselor in carrying out their main duties and functions.  Keywords : Criminal Conditions; Child; Coaching.
ALTERNATIF PENYELESAIAN SENGKETA BATAS BIDANG TANAH DAN UPAYA PENYELESAIANNYA Siti Parlina; Devi Siti Hamzah
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

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Abstract

Dispute settlement is the settlement of a case that is settled between one party and another, the purpose of the debate can be pursued through a lawsuit (settlement through court) and non-prosecution (settlement is done out of court). The motivation behind this examination is to find out how the exchange of land rights without a will and how the alternative settlement of land problems that occur on the land of the poor is ensured. The research technique used is normative juridical The exchange of land rights without ratification can be done through time intervals, where this technique does not require a statement as strong evidence, but the litigants in land disputes can show that they have developed or have given legal authority and has been dealing with soil properly for a long time. (twenty years) to 30 (thirty years) and Settlement of land problems that occur on land that have been guaranteed to be carried out through deliberation/thought, conciliation, mediation and arbitration. By regulation, land that does not have a will cannot be considered as the property of the person who controls it.  Keywords : Land disputes; litigation; non-litigation
KEABSAHAN PERKAWINAN DENGAN PENETAPAN WALI ADHAL DIHUBUNGKAN ASAS-ASAS PERADILAN AGAMA DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN Nur Fitri Melnia; Djanuardi; Hazar Kusmayanti
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

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Abstract

Marriage requirements must be fullfiled by the prospective bride and groom before marriage, but when it does not fulfill the requirements one of that the refusal of the marriage guardian called Islamic law wali adhal, then marriage registration cannot be conducted. First study aims to determine the legal certainty and validity of the marriage of guardian adhal according the law of Islamic and Marriage law. The second aims to find out and analyze the implementation of the principles of the Religious Justice in determining the guardian adhal in the practice of the settlement process and the judges considerations at the Bogor Religious Court. The object of journal is determination 0242/Pdt.P/2017/PA.Bgr and 57/Pdt.P/2021/PA.Bgr. The first result study is show the marriage registration with the determination of adhal guardian which was granted by the judge valid in the point of Islamic law. Marriage Law tell the marriage registration is legal but the marriage guardian hasn’t been regulated. The second result study is stated with related number determination was inkrah because judges at the Bogor Religious Court made considerations through the relevant principles of the Judicial Law namely is Islamic personality, legality, equality and active judges providing assistance.  Keywords : Wali Adhal; Determination; Registration.
PRIVATISASI BUMN SEBAGAI PILAR PEREKONOMIAN NASIONAL DALAM PERSPEKTIF HUKUM BISNIS Raden Djuniarsono; Martin Roestamy; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

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Abstract

Guided by Pancasila and the 1945 Constitution, Indonesia should implement a welfare state with strategic planning for the welfare of the people through state ownership of certain business units that provide the greatest benefit for the welfare of the people by establishing companies that are majority or partially owned by the state, namely BUMN based on Good Corporate Governance (GCG). However, the role of BUMN has not been optimal and has not fulfilled the expectations of Article 33 of the 1945 Constitution and it is necessary to make improvements and arrangements, one of which is through privatization to improve and improve company performance. This research uses the juridical normative approach, namely, the law is conceptualized as norms, rules, principles, or dogmas, with data collection techniques used through library research methods and interviews and using qualitative analysis. Based on the results of the research conducted, there are many obstacles and problems in the application of the privatization method in reforming and structuring BUMN, especially related to separated state assets and the criteria for BUMN that can be privatized. For this reason, serious, systematic, tiered, and strategic efforts are needed in reforming and structuring state-owned companies, especially efforts to improve the performance and value of the company and are carried out by taking into account the legal side of the business and the state constitution. Keywords : Constitution; Privatization; GCG; Community Welfare
PERLINDUNGAN HUKUM BAGI RAKYAT PENGGUNA TEMPAT USAHA DI PASAR TRADISIONAL DALAM RANGKA MENDAPATKAN SUMBER DANA Ilman Khairi
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

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Abstract

Certificate of Right to Use a Business Place (SHPTU) is proof of ownership of a right to use a business place (stall) in a market owned by market traders. SHPTU has a fairly high economic value. Therefore it is expected that SHPTU can be used as collateral for credit. SHPTU have something in common elements by leasing as in article 1548 of the Civil Code. This study aims to examine how legal protection for users of business premises in traditional markets can be applied and implemented for the ownership of business premises. The research method used in this study is normative juridical research method by adding empirical elements, with qualitative data analysis. Exploring and analyzing data in the form of documents complemented by factual data in the field so that appropriate conclusions can be drawn. The research findings show that SHPTU is not a material right, but considering that SHPTU has economic value and can be transferred. SHPTU of this valuable stall allows it to be used as collateral for credit by referring to the methods contained in Articles 48-49 concerning the Law on Flats by issuing Certificates of Ownership of Buildings and Buildings (SKBG), where the issuance of certificates is the same between Regional Governments in this case Public Works and Housing Services. SKBG is a way out for proof of stall ownership, because the value is very expensive, legal certainty is needed regarding material rights. Keywords: SHPTU; Legal Protection; UMKM.

Page 17 of 22 | Total Record : 215

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