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JURNAL ILMIAH LIVING LAW

livinglaw
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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 208 Documents

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JURIDIS ANALYSIS OF CONFLICT COMPETENCY OF BUSINESS DISPUTE SETTLEMENT THROUGH ARBITRATION AND GENERAL JUSTICE IN STOCK OWNERSHIP Edi Prayitno; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

This Thesis was written based on the result of legal research that analyzes conflict of business dispute resolution between arbitration and litigation in accordance with the applicable regulation and court decisions which have acquired permanent legal force. The method used in this legal research is normative legal methods. The study of literature as a basis of the research and according to Law Number 30 Years 1999 about Arbitration and Alternative Dispute Resolution, in Article 3 and Article 11 of the Law have expressively stated that District Court does not have the authority to adjudicate disputes between the parties that bound by the arbitration agreement. The result of this legal research is that arbitration clause as stated in business investment agreement that should be absolute competencies to resolve the dispute, but the Decision of District Court Judges which have been strengthened by Supreme Court of Indonesia expressively stated that the court has the authority to check and adjudicate the dispute even it has arbitration clause or arbitration agreement with the reason that the dispute is a tort and there are another parties beside the party who sign the Investment Agreement, in the suit. The court attitude that adjudicate the dispute with arbitration clause lead to conflict of competency and never ending adjudication process of business dispute. From the actual case that researcher has been analyzes, researcher suggest that Supreme Court of Indonesia as the highest judicial body must respect arbitration body by rejecting all of the civil cases that have arbitration clause on its agreement. Law Number 48 Years 2009 about Judicial Power stated that non-litigation dispute resolution is conducted through arbitration or alternative dispute resolution. Based on pacta sun servanda and choice of forum principles on the agreement binding to the parties and must be obeyed by the parties.KeyWord : : Arbitration Clause, Pacta Sun Servanda Principle, Business.

ASAS FIDUCIARY SKILL AND CARE DALAM PENGELOLAAN BUMD GUNA MEWUJUDKAN GOOD CORPORATE GOVERNANCE Agus Suhendra; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

One of the problems in the management and development of BUMD is that the legal aspects of regulation of BUMD do not specifically provide direction and guidance in the management of a business owned by the region. The identification of this research are: 1) How is the application of the fiduciary skill and care principles in the management of BUMD to realize the principles of good corporate governance? 2) What are the obstacles faced in applying the principle of fiduciary skills and care in the management of BUMD to realize the principles of good corporate governance? The research method used in this study is a normative juridical approach. The results of this study are: 1) In the management and representation of the company, the Board of Directors in carrying out actions or actions that violate the authority limit or something that has been stipulated in the articles of association, can be held accountable. BUMD, namely: unclear legal status and organizational structure of BUMD, BUMD is not managed by the principles of good corporate governance as a result of too large or dominant regional government interference in the company's operations.

EFEKTIVITAS PELAKSANAAN PEMUNGUTAN PPH FINAL 1% ATAS UMKM DIKAITKAN DENGAN PP NO. 46 TAHUN 2013 Tabri Tabri
JURNAL ILMIAH LIVING LAW Vol. 8 No. 1 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The aim of this research was to determine how the implementation taxation of the final Income Tax 1% on Micro, Small, Medium Enterprises associated with PP 46 in 2013 in the STO Ciawi, Bogor, in addition to knowing the effectiveness of its implementation. Research methodology is normative juridical research supported by sociological research that is based on the facts in the field. Data collection techniques in this research was done in two ways: research literature, and distribution questionnaires to respondents, fiskus and the taxpayer of Micro, Small, Medium Enterprises, as supporting data for measure the level of effectiveness. Results of this study was overall has been implemented in accordance with the procedure, just still not maximal and has not been effective because it is based on the analysis of 6 indicators is an elaboration of goals and expectations to be achieved with the implementation of PP No. 46 in 2013, only the 1st indicators and 5th by the majority of respondents acknowledged being met, while for the 4 other indicators have not been met .

EFEKTIVITAS PEMBERIAN KREDIT TANPA AGUNAN PADA BANK UMUM agus sadikin
JURNAL ILMIAH LIVING LAW Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Bank merupakan salah satu lembaga keuangan yang memiliki peran penting dalam perekonomian suatu negara sebagai perantara keuangan. Bank dalam operasinya harus memperhatikan prinsip kehati-hatian sebagai deposan, karena bank sebagai lembaga masyarakat memiliki tanggung jawab besar dalam pengembalian dana masyarakat. Pinjaman tanpa jaminan dapat mempengaruhi kelangsungan hidup bank di masa depan, terutama dalam kasus default debitor. Identifikasi masalah yang diangkat dalam penelitian ini adalah meliputi: pengaturan pinjaman oleh bank komersial dan juga PT.Bank Rakyat Indonesia (BRI), penerapan prinsip kehati-hatian dalam perjanjian pinjaman tanpa jaminan, dan perjanjian kredit hukum antara bank dengan nasabah . Dalam rangka untuk mendapatkan informasi atau data yang diperlukan untuk menjawab permasalahan dalam penelitian ini, penulis menggunakan metode penelitian yuridis normatif, artinya bahwa hukum dipahami sebagai norma, aturan, prinsip atau dogma. Hasil penelitian ini adalah 1) Menetapkan pinjaman oleh bank-bank secara umum harus didasarkan pada prinsip-prinsip kehati-hatian (prudential banking system) di mana ada keyakinan bahwa pinjaman bank akan benar-benar kembali; 2) Pelaksanaan prinsip kehati-hatian yang166 Agus Sadikin et. al. Tinjauan Yuridis Efektifitas Pemberian Kredit ...diterapkan dalam perjanjian kredit Bank BRI Cabang Cibinong meliputi persiapan dan pelaksanaan kewajiban kredit; 3) Undang-undang perjanjian pinjaman antara Bank BRI Cabang Cibinong dengan debitor dalam perjanjian kredit yang diatur dalam pasal hak dan kewajiban bank.

BANTUAN HUKUM YANG IDEAL BAGI MASYARAKAT TIDAK MAMPU DADANG SUPRIYATNA
JURNAL ILMIAH LIVING LAW Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocate’s respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacher’s Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.

LAW PARADIGM DEVELOPMENT TO REDUCE HOUSING BACKLOG Sudiman Sihotang
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

There is a difference of paradigm between rural and urban people about house ownership, if urban society is influenced by Civil Code thinking where if one buys land at the same time he/she buys everything that is above it, including house building. Unlike the village community, the atmosphere of thinking about the land is influenced by customary law, which has a communal nature in which the land is owned by a citizen or otherwise known as ulayat land, so it can be understood that the minds of rural people about the house is not always merged with the land ownership, or ulayat can be built houses of some fellowship members. As a result of this paradigm, people should think of setting up funds to buy land if they want to buy a house, while the price of urban land is higher, and for the housing stake-holders, for example, housing developers, the land is used as a business commodity and a tool to achieve profits- the more so, if people want to buy a flat housing, you can imagine the meter price of the building will be charged to the land which is an integral part of the apartment unit. This raises several issues such as the number of backlog of housing is increasing, in 2015 recorded approximately reaches 14 million backlog. The government's target of providing a million homes is not achieved, including the construction of 1000 towers the year it is getting harder to achieve. This study aims to look at legal aspects that can provide solutions for the provision of housing, especially the Low Income Community (MBR) and Very Low Income Society (MBSR) so that the construction of a house is not just a project of a particular party, but a way for people to access home ownership. The method used is Sociological Jurisdiction with deep attention as well as Normative Juridical aspects as the related variables one and other.Keywords : Paradigm, Housing Law, Flat, Low-Income Community.

PEMBAJAKAN KARYA JURNALISTIK DI MEDIA INTERNET PIRACY OF LOURNALISM WORK ON INTERNET MEDIA Dwi Djauhartono, Dwi Jauhartono
JURNAL ILMIAH LIVING LAW Vol. 7 No. 1 (2015): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.144

This study aims to identify and analyze how the concept of the protection of journalistic work, how to setup and protection of works of journalism in online media, and how to dispute settlement piracy and journalistic work through online media. Methods of legal research conducted by normative considerations that the starting point of the analysis in terms of research methods and steps that can be taken to combat piracy of copyright infringement in relation to the work of journalism. The results of this study see the concept of the legal protection of journalistic work, there should be specific legislation governing the work of journalism in online media, because the present arrangement was scattered in several other laws that are less specific set. Settlement of disputes when piracy journalistic work through online media, can be done with two (2) lines, i.e lines in criminal and civil law.

EFEKTIVITAS PEMUNGUTAN RETRIBUSI RUANG MILIK JALAN (RUMIJA) UNTUK MENINGKATKAN PENDAPATAN ASLI DAERAH KABUPATEN BOGOR Tuti Tirwaningsih
JURNAL ILMIAH LIVING LAW Vol. 8 No. 2 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The Government of Bogor Regency make charges for Services as one of the revenue sources of local revenue to meet the needs of government spending and regional development. The type of retribution for business service is retribution use of Regional assets, with the object is the use of right of way (ROW). Identification of problems in this study include the implementation of retribution Rumija, obstacles in its implementation, and effectiveness of picking retribution of Rumija for increase revenue. The research method used is normative juridical and sociological juridical approach method (empirical) to know the implication of Local Regulation Number 29 Year 2011 about Retribution of Business Service to increasing acceptance of Bogor Regency local revenue. Although the type of retribution, retribution object, structure and amount of retribution fare, procedure of payment of retribution, administrative sanction, expiry, and criminal provision have been regulated in Local Regulation Number 29 of 2011 on Business Service retribution, but in its management still not effective due to some Obstacles both internal and external, so to optimize the collection of ROW retribution then the Regional Government Bogor Regency should make some efforts both internal and external to the realization of revenue from the original revenue ROW retribution sector increased.

ANALISIS YURIDIS ATAS PEMBATALAN PERBUATAN HUKUM DEBITUR PAILIT (ACTIO PAULINA) DIKAITKAN DENGAN PERAN DAN FUNGSI KURATOR Robert Manullang; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The study referred to Verdict No. 1/ Actio Paulina/ 2011/ Commercial District Court of Makassar. The object of this research is to analyze the legal implications of the cancellation of legal deeds of Debtors who have been declared bankrupt and know the authority of the Curator in performing its functions and roles after the decision of bankruptcy stipulated by the court. The research method used is normative with secondary data as a data source, which analyzed qualitatively and the results are presented descriptively. The results shows the creation of legal certainty in Article 41 paragraph (1) Law Number 37 Year 2004 about Bankruptcy and Suspension of Debt Payment Liability. Moreover, it also implies to the bankrupt assets itself, to refund the money back to its original state and to be in the control of the Curator for later handling and/ or ordering of bankrupt property. In performing its functions and roles, curator’s authority is enormous. Therefore, there will be provisions on the obligations of the Curator to report all activities and policies issued to Supervisors in the future.

ANALISIS PENERAPAN DAN PENGUATAN HUKUM ANIMAL WELFARE PADA BISNIS SAPI DI INDONESIA rahmat hidayat
JURNAL ILMIAH LIVING LAW Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Cattle trading is a complex process from farm to consuments. The main issue in cattle farming is animal welfare and its treatment, such as a case of slaughterhouse and Eid al-Adha phenomenon in Indonesia. The objectives of this research are to analyse the treatment and principles of animal welfare in cattle trading, also to create a model for animal welfare for religious offering. This research is a normative one that is supported by empirical study. Data collection is using literature study (main data) and quesionare for additional data. The results of the research showed that animal welfare at cattle trading in Indonesia has not a good reputation according to the applicable law, so that we need a veterinary authority board to support animal welfare laws. A model for animal welfare for religious offering can be created by integrating animal market with slaughterhouse, using health and eco-green concepts, application of technology information for marketing strategy, and improvement legal structure.

Page 7 of 21 | Total Record : 208

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Contact Name
JURNAL ILMIAH LIVING LAW

Contact Email
livinglaw@unida.ac.id

Phone
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Journal Mail Official
livinglaw@unida.ac.id

Editorial Address
-

Location
Kota bogor,

Jawa barat

INDONESIA