Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum
Jurnal Ilmiah Hukum De’Jure: Kajian Ilmiah Hukum merupakan Jurnal Ilmu Hukum yang dipublikasikan oleh Lembaga Kajian Hukum Fakultas Hukum Universitas Singaperbangsa Karawang. Jurnal tersebut merupakan hasil penelitian serta kajian gagasan konseptual di bidang ilmu hukum terhadap isu-isu hukum, kosenseptual dalam tataran teori dan praktik, putusan pengadilan, analisis kebijakan pemerintah dan pemerintahan daerah serta lainnya.
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111 Documents
PEMBAGIAN URUSAN PEMERINTAHAN ANTARA PEMERINTAH PROVINSI DENGAN PEMERINTAH KABUPATEN/KOTA DALAM BINGKAI OTONOMI DAERAH
Hana Faridah
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6326
The authority of the Regional Government is the distribution of power from the central government to the regions where the regions are given the authority to manage and regulate policies for the region. Besides, local governments also have the authority to issue regional regulations in which these regulations are used to regulate the running of government in the area. Based on Law Number 32 of 2004, the implementation of regional autonomy is focused on the provincial and district/city governments. The research method used is normative juridical research with the consideration that the starting point of research analysis of the laws and regulations Act Number 23 of 2014 concerning Regional Government. The results of this study are to find out and analyze the arrangements and mechanisms for the division of government affairs between the central government, provincial governments and district/city governments before and after the enactment of Law Number 23 of 2014 concerning Regional Government. Prior to the enactment of Law Number 23 of 2014 concerning Regional Government, the implementation of regional autonomy in terms of the division of government affairs between provincial and district/city governments in the period of enactment of Law Number 1 of 1945 concerning Regional National Committees up to Law Number 5 of 1974 concerning the Principles of Regional Government, it is still not clearly regulated what matters are the affairs of government, other than that in Law Number 5 of 1974 which emphasizes regional autonomy to the district/city government does not run as it should.
GAGASAN PEMBENTUKAN PENGADILAN KHUSUS PERTANAHAN DI INDONESIA
Maharani Nurdin
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6327
Land disputes occur because the land has an important position. The land has a function in the framework of the integrity of the state and function as a basic capital to realize the greatest prosperity of the people. The government has provided a means to resolve land disputes, through litigation and non-litigation. The establishment of the Special Land Court is the only alternative in these conditions. The establishment of this special court for Land Affairs can be carried out using Law Number 48 of 2009 concerning Judicial Power as its legal basis, which is also stated in the Draft Law on the Agrarian Court. The research method in this study is normative juridical. The data collection method uses library research. The results showed that to fulfill the fundamental principles of human life as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, namely legal protection for the community in land rights, agrarian conflict is no longer considered an ordinary problem but has become a problem of a nature extraordinary, therefore it is necessary to have a Special Agrarian Court. The inability of Litigation and non-litigation bodies to settle land disputes, the judges lack special specialization concerning agrarian matters. The Legal Position of the Special Land Court in the justice system in Indonesia is within the general court environment under the Supreme Court of the Republic of Indonesia. The Special Land Court can have a special function only to conduct examinations and hearings on land disputes and with special procedural law will be able to resolve land dispute problems.
PENGATURAN KOMISI YUDISIAL DALAM KONSTITUSI: SUATU PERBANDINGAN ANTARA INDONESIA DAN THAILAND
Netty SR Naiborhu
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6328
In this paper, the author wants to compare the existence of KY in Indonesia with Thailand both in terms of its position in the constitution. Given the existence of the constitution can be said to be the rule of the game where its position as the highest source of law in a country. The reasons for the author: first, that speaking of KY there is a common thread with one of the principles, namely the judicial authority that is free. So speaking of the world of justice has become a fact in any country; secondly, the authors argue that the legal traditions carried out in Thailand at least have in common; third, the authors assume that someday Indonesia and Thailand as ASEAN member countries and have entered the era of the ASEAN Community (ASEAN Community) one day each institution will coordinate in the field of law, especially in the judiciary. The research method used in this study is a qualitative method through the approach of normative juridical methods which is also called library law research. The results showed the existence of KY as an institution in the field of judicial power both in Indonesia and Thailand is regulated in each constitution, which distinguishes between Indonesia and Thailand in terms of constitutional formulation, while the difference between KY in Indonesia and Thailand namely KY in Indonesia does not differentiate its existence in any judicial body. So that in carrying out its duties and authority can be done in collaboration with the existence of the Supreme Court. In contrast to Thailand, where the existence of KY is divided into two namely, the Judicial Commission of The Court and the Judicial Commission of Administrative Court. So that each KY only carries out his duties and authority within the judicial environment which is regulated in each judicial environment.
KEBIJAKAN PEMBINAAN ANAK DIDIK PEMASYARAKATAN DI LEMBAGA PEMBINAAN KHUSUS ANAK BANDUNG BERDASARKAN SISTEM PERADILAN PIDANA ANAK
Oci Senjaya
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6329
Children are social beings who have equal rights with other creatures, therefore there is not every human or other party who may usurp the right to life and independence. The research method used is qualitative, with a juridical-normative approach. The type of research is descriptive because it is intended to describe the conditions in the Child Development Institution, and how to guide it. This study uses qualitative methods. The focus of the research is fostering Correctional Students in Child Correctional Institutions (LPKA). Tools and data collection used in this study are secondary data. The data is then analyzed using qualitative analysis techniques with interactive analysis models. Based on the results of the research The implementation of Guidance for Children in Correctional Institutions for special children (LPKA) in general has been in accordance with the laws and regulations, facilities and infrastructure for child correctional institutions (LPKA) must be optimized, and constraints remain, efforts made to overcome obstacles in the process of fostering correctional students in accordance with the mandate of Law Number 11 of 2012 concerning Children Criminal Justice System.
PENERAPAN ASAS KEADILAN RESTORATIF TERHADAP PENYALAH GUNA NARKOTIKA DI KABUPATEN KARAWANG
Puti Priyana;
Imanudin Affandi;
Taun Taun
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6330
The application of the principle of restorative justice against narcotics abuse in Karawang Regency is motivated by the regulation on medical and social rehabilitation in Articles 54 through Article 59, Article 103 and Article 127 paragraph (2) and paragraph (3) of Law Number 35 Year 2009 concerning Narcotics. The provision of rehabilitation of narcotics abuse according to the authors is one of the applications of the principle of restorative justice for abusers, especially narcotics. The author's research results at Karawang BNNK can be concluded that the application of the restorative principle of narcotics abuse based on Article 54-59, Article 103 and Article 127 paragraph (2) and paragraph (3) of Law Number 35 Year 2009 concerning Narcotics is only a concept only in a laws and regulations because it is considered a sanction that does not have a deterrent effect for abuse so it is feared that in addition to being an abuse, the offender has the potential to become a narcotics dealer later. Based on these conclusions, law enforcers must be consistent in applying the rule of law against narcotics abusers under what is regulated in Article 54-59, Article 103 and Article 127 paragraph (2) and paragraph (3) of Law Number 35 Year 2009 about Narcotics.
PEMUNGUTAN PAJAK BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (BPHTB) KABUPATEN KARAWANG
R. Bagus Irawan;
Novi Dianah
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6331
The regulation of the arising of tax payable in the area of income tax and BPHTB in the transfer of land and building rights determines state tax revenue. This research is a normative juridical study because this research focuses on comprehensive, systematic and accurate library research integrated with normative research using field data and related regulations. The results of this study confirm that the authority and efforts to resolve the Karawang District Bapenda in tax collection in the field of land and building acquisition fees (BPHTB) are carried out based on Karawang District Regulation No. 4 of 2011 concerning the Fees for Obtaining Land and Building Rights and its procedures are regulated in Karawang Regent Regulations. Although obstacles will always occur in every implementation of government. The cost of acquiring land and building rights (BPHTB) in its implementation is simple, easy because it does not use a tax assessment letter. Taxpayers directly pay the amount of tax owed without notification from the KPPBB.
FORMULASI PEMBENTUKAN DAERAH OTONOM BARU SEBAGAI UPAYA PENINGKATAN KESEJAHTERAAN MASYARAKAT
Suryana Marta
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6332
The desire of the people to make their regions into autonomous regions basically does not conflict with the spirit of regional autonomy in the hope that economic growth can be optimized, as mandated by Law Number 23 Year 2014 concerning Regional Government. However, the formation of autonomous regions also raises problems such as the lack of the ability to take advantage of local opportunities themselves, such as the management of local revenue sources, natural resources, and human resources in order to improve welfare and better service to the local community. This study uses a normative juridical approach that is descriptive analysis using secondary data. Data is obtained through literature studies in the form of legal sources, both primary, secondary and tertiary. The data obtained were analyzed using qualitative methods without using certain numbers or formulas. The results of the study confirm the problem of the formation of new autonomous regions regulated in Law Number 23 Year 2014 concerning Regional Government, mainly related to the decline in the potential of the main districts/cities after the establishment of new autonomous regions, due to the large number of regency/municipal assets absorbed new autonomous districts/cities. However, the problem also arises the opposite, namely the difficulty of the new autonomous districts/cities in managing their regional potential, besides being caused by an escalation of the increasing political, administrative and financial burdens of the central government, due to the need to provide many subsidies to autonomous districts/cities new.
ANALISIS TATA KELOLA RUANG TERBUKA HIJAU KABUPATEN KARAWANG
Uu Idjudin Solihin;
Mitari Dianrachma;
Arief Darmawan Tobing
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6333
The existence of Green Open Space is regulated in Act Number 26 of 2007 concerning Spatial Planning which was then followed up by the Karawang Regional Government by making the Karawang Regency Regulation Number 2 of 2015 concerning Management of the Green Open Space of Karawang Regency. How far the arrangement of Green Open Space is accommodated in Karawang District Regulation Number 2 of 2015 concerning Management of Karawang Regency Green Open Space. The research method uses normative juridical analysis through the suppression of legislation, library materials, and other secondary data. The results of this study confirm that the Karawang District Regulation Number 2 of 2015 concerning Management of Green Open Spaces in Karawang Regency is sufficient to accommodate regulations related to Green Open Spaces in particular.
Formulir Berlangganan
Jurnal Unsika
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 3 No 2 (2018): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 3 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v3i2.6336
Cover-Susunan Redaksi-Sambutan Dewan Redaksi-Daftar Isi-Persembahan Bagi Mitra Bestari
Jurnal Unsika
Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Vol 4 No 2 (2019): Jurnal Ilmiah Hukum DE'JURE: Kajian Ilmiah Hukum Volume 4 Nomor 2
Publisher : Lembaga Kajian Hukum, Fakultas Hukum, Universitas Singaperbangsa Karawang
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DOI: 10.35706/dejure.v4i2.6452
Cover-Susunan Redaksi-Sambutan Dewan Redaksi-Daftar Isi-Persembahan Bagi Mitra Bestari