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[EFEKTIFITAS BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN DALAM PERLINDUNGAN HUKUM TENAGA KERJA DI KABUPATEN BOGOR ]]>
<![CDATA[Harry Hazarul]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 8 No. 1 (2016): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (640.543 KB)
|
DOI: 10.30997/jill.v8i1.753
<![CDATA[In Indonesia, everyone is entitled to social security to be able to meet the basic needs of a decent life and enhance the dignity of Indonesian society towards the realization of a prosperous, equitable, and prosperous. In order to create a foundation to improve the welfare and protection of labor, laws regulating the conduct of the Badan Penyelenggara Jaminan Sosial (BPJS) as the embodiment of social insurance. Results of this research are: 1) Implementation of social security health workers in Bogor is needed by laborers ; 2) The legal protection of social security health workers in Bogor, has not been done as it should be, there are still many laborers who have not registered for the social security health, due to lack of awareness and reluctance of employers in implementing social security programs of health ; 3) Effectiveness of Social Security Health in the protection of labor law in Bogor through BPJS Kesehatan as a social security already meet the elements of social security protection, but in practice there are still obstacles either to do with regulations or rules there is the realization and many complaints against the services and benefits held BPJS Kesehatan.]]>
<![CDATA[EFEKTIVITAS PENGELOLAAN PAJAK BUMI DAN BANGUNAN OLEH DAERAH TERHADAP PENINGKATAN PEMBIAYAAN PEMBANGUNAN DI KABUPATEN BOGOR EFFECTIVENESS OF LAND AND BUILDING TAX MANAGEMENT BY REGIONAL FOR IMPROVEMENT FINANCING DEVELOPMENT IN BOGOR REGENCY ]]>
<![CDATA[ade munawaroh]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (735.474 KB)
|
DOI: 10.30997/jill.v7i2.100
<![CDATA[Pelimpahan kewenangan pemungutan pajak bumi dan bangunan dari pusat ke daerah kabupaten/kota merupakan kebijakan yang tepat dalam pemberian tugas otonomi yang luas. Pengelolaan pajak bumi dan bangunan menjadi pajak bumi dan bangunan sektor Perdesaan dan Perkotaan oleh pemerintah daerah dapat meningkatkan PAD guna meningkatkan pembiayaan pembangunan daerah kabupaten/kota. Pelaksanaan pemungutan pajak bumi dan bangunan yang dilaksanakan oleh Pemerintah Daerah Kabupaten Bogor berdasarkan Peraturan Daerah Nomor 11 Tahun 2011 tentang Pajak bumi dan bangunan Perdesaan dan Perkotaan (Perda PBB-P2), atas dasar pelimpahan kewenangan dari pusat yang bertujuan untuk peningkatan Pendapatan Asli Daerah (PAD) yang ditujukan untuk pembiayaan pembangunan daerah. Pengelolaan pajak bumi dan bangunan oleh pemerintah daerah kabupaten/kota, ternyata dapat meningkatkan PAD Kabupaten Bogor di sektor pajak maupun sektor-sektor pajak daerah lainnya meskipun fluktuatif. Dengan demikian efektivitas pengelolaan pajak bumi dan bangunan yang pengelolaannya dilimpahkan kepada pemerintah daerah telah memberikan peningkatan pembiayaan pembangunan di Kabupaten Bogor.]]>
<![CDATA[ANALISIS YURIDIS KONTRAK PENGADAAN BARANG SIMULATOR SURAT IZIN MENGEMUDI POLRI ]]>
<![CDATA[Yulita Heriyanti]]>;
<![CDATA[Martin Roestamy]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (475.271 KB)
|
DOI: 10.30997/jill.v10i1.1485
<![CDATA[In the case of the procurement of simulators Driving License, there are some deviations made by almost all parties involved to cause state losses. The identification of this research included the implementation of SIM simulators in the Traffic Corps of the National Police, the criminal elements that occurred and their weak points, as well as their positive and negative forms in the implementation of SIM simulator procurement. The research method used in this study is a normative juridical approach using library studies. The results of this study are: 1) There has been a standard agreement between the two parties that is not balanced in the procurement of SIM Simulator goods, where PT. X as the supplier of goods does not get an offer from the formulation of the agreement; 2) In the implementation of SIM Simulator goods procurement, the agreement between the two parties is not balanced and this becomes a weakness that can complicate the position of PT. X because it is in a weak position even though the terms of the agreement made by the National Police Corruption Eradication Agency provide an opportunity for contractors to determine and design contracts as they already are; 3) procurement carried out using the public auction method with third parties is considered effective and efficient in using the budget. But the negative thing is the existence of irregularities committed by partners with unscrupulous officials.]]>
<![CDATA[PROCUREMENT OF LAND IN LEGAL SOCIOLOGICAL PERSPECTIVE ]]>
<![CDATA[Martin Roestamy]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (695.429 KB)
|
DOI: 10.30997/jill.v9i1.1021
<![CDATA[If all stakeholders of land provision adhere to the principles governed by the Constitution and the State Controlling Right, then the issue of the regulation of land will not be a national dilemma inheriting a prolonged conflict and not less as a result of the loss of life. Land is something sacred (magical) for people who have historical and spiritual value is not just a matter of investment and business commodities that have been going on, but the land is the right of the nation that has the value of the struggle that becomes the object of the interests of all parties, the people, government, and speculators. This research is expected to be an input to stakeholders to support the birth of Land Bank as an institution in charge of providing land for public interest. The research was conducted by using Sociological Juridical Method combined with Normative Juridical with a Qualitative Approach. It concerns the problem of access to the rule of law which cannot run properly, and legal culture is still low so that with the sociological and juridical approach. Those can be found the nature of the primary cause problematic of land supply in Indonesia, especially for the public interest and more specifically for the benefit of providing housing for low-income people.Keywords : Procurement of Land, Legal Culture, State Right Controlling, Land Bank]]>
<![CDATA[KEPASTIAN HUKUM JAMINAN ALAT BERAT SEBAGAI OBJEK FIDUSIA ]]>
<![CDATA[I Kadek Vemil]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 7 No. 1 (2015): 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.v7i1.134
<![CDATA[The purpose of this study was to determine how the principle of legal certainty as an effort to provide legal protection to creditors who receive heavy equipment as collateral to secure loans and how the execution of fiduciary against the heavy equipment. The approach used in this study, namely: normative juridical, which is conceived as the norm of law, rules, principles or dogmas. Juridical sociological (empirical), namely the law as a symptom of society, as a social institution or patterned behavior. The results show there has been a difficulty of the Fiduciary Receiver to execute fiduciary Fiduciary when givers are in default, as the de facto objects into an object Fiduciary it is still in control of the Borrower and fiduciary objects already in the possession of third parties that has nothing to do with the agreement.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU PADA PERUSAHAAN GARMEN ]]>
<![CDATA[Ita Rosita]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 8 No. 2 (2016): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (601.508 KB)
|
DOI: 10.30997/jill.v8i2.759
<![CDATA[Today many companies use labor through Work Agreement of Specific Time (PKWT) to reduce the labor cost in order to increase profits. But in the execution, many applications of the work agreement of specific time were not in accordance with the provisions in the Law No. 13 Year 2003 about Manpower that ultimately disadvantaging the labor. This research aims to know legal protection of labor in the implementation of work agreement of specific time at a garment company in Sukabumi. Research methods used by the author in this research are normative judicial and empirical judicial methods. The findings suggest that first, the implementation of work agreement between the labor and the company is not according to the Law No. 13 Year 2003 especially on Article 59 about job assignment. Second, the implementation of legal protection at the company on the welfare of the labor is acceptable although is not satisfying yet. Third, promotion of labor of specific time to become full time employee at the company is based on performance. Labor of specific time that was considered having good achievement, discipline and able to work together with other workers could be promoted to become full time employee.]]>
<![CDATA[MODEL PENCEGAHAN PRAKTIK KARTEL IMPOR DAGING SAPI DIKAITKAN DENGAN DAYA BELI MASYARAKAT ]]>
<![CDATA[IDANG RIYADI]]>;
<![CDATA[TN SYAMSAH]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (512.033 KB)
|
DOI: 10.30997/jill.v10i1.1494
<![CDATA[The ability of consumer purchasing power of beef after cartel practice is the effect of the increase of beef price to consumer behavior varies, among others there are buy in fixed amount before and after price increase, there is a decrease the quantity of purchase and some are switching to consume chicken meat. Legal protection is preventively applied to provide legal protection and legal certainty for consumers so that with the prevention of the government in making policy or drafting legislation more carefully so that the interests of consumers or the wider community is not neglected. The purpose of this study is to discuss how to regulate beef imports in Indonesia, the implementation of beef imports categorized as cartels, as well as legal protection for consumers of beef as a result of the practice of imported cartels. The research method used in this research is the normative juridical approach, namely the law is conceptualized as norms, rules, principles or dogmas / jurisprudence. The results of this research are: 1) The regulation on beef import trade in Indonesia has undergone many changes following the market condition, 2) The form of violation of beef import trade in Indonesia occurring in Jabodetabek area is a cartel practice violating Article 11 of Law no. 5 Year 1999, 3) Business activities are not always done honestly by business actors. The act of business actor is not infrequently to the consumer, it is necessary to protect the consumer's rights.]]>
<![CDATA[PERLINDUNGAN HUKUM HAK ATAS TANAH MASYARAKAT DESA GALUGA BOGOR AKIBAT PENGADAAN TANAH UNTUK KEPENTINGAN UMUM ]]>
<![CDATA[Martinus Siki]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (752.846 KB)
|
DOI: 10.30997/jill.v7i2.596
<![CDATA[The study refered to the case of garbage landslide of TPAS Galuga Bogor on 2010, which gave impact to the removal of the object of communal land, in order to analyze whether the compensation also the handling of that impact were not carried out in accordance with the regulation. By the approach of empirical and normative jurudical analytical methods, this study prior to the land acquisition for constructing the TPAS Galuga Bogor, which brought inappropriate waste management in accordance with the provision of the legislation. This caused garbage landslide as well as environmental pollution. In order to avoid the lawsuits, Government of Bogor, as the manager, intentionaly used the pattern of land acquisition for public interest in compensating the object of communal land that was burried by garbage landslide so it would be considered as a case of force majeure. Therefore, it can be concluded that there were deviation and legal violation of land acquistion, waste management, and the handling of the impact of TPAS Galuga Bogor so that communities and NGOs can prosecute class action lawsuits to the municipal government of Bogor, who should be responsible for any loss due to the impact of insufficient management of TPAS Galuga Bogor.]]>
<![CDATA[PERLINDUNGAN NORMA PENGUPAHAN DALAM PERSPEKTIF KEJAHATAN KORPORASI ]]>
<![CDATA[Andry Santosa]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 7 No. 1 (2015): 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.v7i1.524
<![CDATA[This study aims to determine how the protection of wage norms and also what kind of offenses committed by employers and how the efforts to resolve it. Corporate responsibility in the field of protection of wage norm of cases of criminal acts that violate the provisions of paying wages below the Provincial Minimum Wage (UMP) or Minimum Wage Regency / City (MSE) was only applied to the organs of the management corporation (company), like leadership company (Director) who carries on business in the corporate everyday. This shows that corporate criminal responsibility in the field of wage protection can not be applied so that the need to change the attitude of the judiciary that the corporation may also be responsible for acts committed by the corporation itself persoon. Given the existing criminal provisions in employment in the form of sanctions of imprisonment and / or fines.]]>
<![CDATA[DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA ]]>
<![CDATA[Ilman Khairi]]>;
<![CDATA[Abraham Yazdi Martin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Hukum Sekolah Pascasarjana Unida ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (972.843 KB)
|
DOI: 10.30997/jill.v9i2.1034
<![CDATA[Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit De’ Preference, UMKM, Shops]]>
