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Jurnal Ilmu Hukum The Juris
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
Arjuna Subject : -
Articles 16 Documents
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Search results for , issue "Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS" : 16 Documents clear
TATA KELOLA PERTAMBANGAN MINERAL DAN BATUBARA BERDASARKAN KONSEP PASAL 33 UNDANG-UNDANG NEGARA REPUBLIK INDONESIA TAHUN 1945 Arrum Budi Leksono
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.204

Abstract

The 1945 Constitution stipulates Chapter XIV Article 33 concerning "National Economy and Social Welfare" as an effort by the State through the Government to realize prosperity for all Indonesian people, which has been carefully planned by the founders of the Republic of Indonesia who are members of the Preparatory Committee to Inquire about Indonesian Independence. This study tries to examine, analyze, and find new legal theories related to the meaning of Article 33 on mineral and coal mining governance associated with Law Number 23 of 2014 concerning Regional Government. The results of the study stated that the meaning of Article 33 of the 1945 Constitution of the Republic of Indonesia related to the right to control the State which experienced a shift in authentication as stipulated in Law no. 4 of 2009 concerning Mineral and Coal Mining as amended by Law of the Republic of I Indonesia Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining and its implementing regulations related to Law Number 23 concerning Regional Government.
PERLINDUNGAN HUKUM KONSUMEN MELALUI JAMINAN PRODUK HALAL Misbahul Huda
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.205

Abstract

Regarding the halalness of non-packaged food products, Law Number 8 of 1999 concerning Consumer Protection only stipulates that business actors are prohibited from producing and/or trading goods and/or services that do not comply with the provisions for halal production, as stated in the "halal" statement contained in label. Regarding the necessity for halal information in non-packaged food products, it can be seen in Law Number 33 of 2014 concerning Halal Product Guarantee, which includes "products" in the Halal Product Law are goods and/or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetically engineered products, as well as goods used, used, or utilized by the public. Meanwhile, what is meant by halal products are products that have been declared halal in accordance with Islamic law. The Law on Halal Products clearly stipulates that products that enter, circulate, and are traded in the territory of Indonesia must be certified halal. So basically, if the product being sold is halal, then it must be certified halal. Consumer protection law is currently getting enough attention because it involves rules for the welfare of the community, not only the community as consumers who get protection, but business actors also have the same right to get protection, each has rights and obligations. The government plays a role in regulating, supervising, and controlling so as to create a conducive system that is interrelated with one another, thereby achieving the general welfare of the community. In a healthy business activity, there is a balance of legal protection between consumers and producers. The absence of balanced protection causes consumers to be in a weak position, especially if the products produced by producers are of limited product types, this of course will harm consumers. Haram foods have been described in detail in the Qur'an, while halal foods are not explained, that's why in Indonesia halal certification is regulated with the aim that consumer interests can be protected. Implementation of Halal Certification.
PANDANGAN HUKUM ISLAM TERHADAP PERCERAIAN MELALUI MEDIA ELEKTRONIK Mukhlis Effendi
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.206

Abstract

This study analyzes the views of Islamic law on divorce through electronic media. A new problem that requires a comprehensive review to provide certainty of Islamic law without leaving the teachings of the Qur'an and Sunnah that has been outlined by Allah SWT. However, in the development of increasingly sophisticated technology, it is easier for anyone to divorce his wife, one of which used to be known as divorce by letter or writing, so now it can be easier and faster to get to the target, namely the husband, who only by doing sending written messages remotely by means of electronic media in the form of mobile phones/electronic media. With this, the legitimacy of the fall of divorce invites pros and cons for the community.
UPAYA HUKUM PENINJAUAN KEMBALI OLEH TERPIDANA DALAM KUHAP YANG BOLEH DI AJUKAN DUA KALI Papang Sapari
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.207

Abstract

The purpose of this research is to find out what is the reason for the filing of a criminal case review (PK) and how the arrangements for a judicial review (PK) in the Criminal Procedure Code can be filed twice. Using the normative juridical research method, Constitutional Court Decision No. 34 / PUU-XI / 2013 has opened a PK room not only once as regulated so far by Criminal Procedure Code/KUHAP, Article 268 paragraph (3) of the Criminal Procedure Code so that PK can be carried out many times as long as a novum is found and filed even though the previous PK has been carried out. Responding to the Constitutional Court Decision, the Supreme Court issued SEMA No.7 of 2014 concerning Submission of Petitions for Reconsideration in Criminal Cases. Through this SEMA, the Supreme Court reminded that the provisions of the PK only once outside of Article 268 of the Criminal Procedure Code were canceled by the Constitutional Court, therefore PK criminal cases (in the same case) which were declared unacceptable more than 1 (once).
HUKUM PERSEROAN TERBATAS DALAM PASAR MODAL Pita Permatasari
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.208

Abstract

This study analyzes the economic law of limited liability companies or the capital market. Judging from its historical aspect, PT has characteristics as a capital association, namely as a forum to raise capital from a large number of people. These characteristics have consequences, that PT. should be open. Furthermore, publicly listed PTs must offer their shares to the public. However, not many PTs offer their shares to the public. Juridically, the provisions governing PT at this time can be seen in the provisions of articles 36 to 56 of the Commercial Code (hereinafter abbreviated as KUHD). The provisions governing the existence of a PT do not confirm the existence of an open PT. Thus, legally, it is possible to have 2 (two) PT characteristics, namely open or closed. The selection of a business entity in the form of a PT is solely based on taking advantage of the characteristics of a PT. As a result, the benefits of PT are only enjoyed by certain people who are relatively few in number. The government is trying to find a way out of this situation by providing a means that can bring investors together with open PTs. The existence of these facilities is expected to allow investors to have the opportunity to invest their funds through open PT-PT. On the other hand, PTs growing in Indonesia are willing to offer their shares to the general public in order to raise very large funds. Moreover, in accordance with the structure of the Pancasila Economy, which can be seen in the material contained in the provisions of Article 33 of the 1945 Constitution, it contains economic principles that are carried out on the principle of kinship. This economic system is used as the basis for the capital market in Indonesia.
PEMUTUSAN HUBUNGAN KERJA KARENA KESALAHAN BERAT Sofa Laela
The Juris Vol 4 No 2 (2020): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v4i2.209

Abstract

Issues regarding the rights of the workers who serve them are one of the main concerns of the government and the law. Manpower issues are a problem for every Indonesian citizen because everyone has the right to a decent job and welfare. Termination of employment carried out by employers against workers / laborers due to serious mistakes, workers/laborers will carry out dispute resolution through non-litigation and litigation to obtain their rights as a result of termination of employment. Issues regarding the rights of the workers who serve them are one of the main concerns of the government and the law. Manpower issues are a problem for every Indonesian citizen because everyone has the right to a decent job and welfare. The mistake is What is the positive law that establishes employment relationships because of serious mistakes? The method used is normative juridical. The data used are primary data and secondary data. In an effort to answer or solve the problems raised in this study, qualitative data analysis methods are used. Analysis: Judges in legal considerations issue a decision regarding th.e worker / laborer on the grounds of serious error namely in accordance with the provisions of Article 156 Law Number 13 Year 2003 Regarding Manpower, the plaintiff does not want to work again so it is entitled for severance pay, long service pay, compensation pay for entitlements, linked to Article 156 Law Number 13 Year 2003 and its legal implications arises with the issuance of a decision regarding termination of employment against workers / laborers due to serious mistakes, namely: Termination of employment must pay compensation in accordance with Article 156 Law Number 13 of 2003 concerning Manpower the plaintiff gets his rights consisting of severance pay, long service pay, money replacement.

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