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INDONESIA
Jurnal Yustitia
Published by Universitas Wiralodra
ISSN : 19789963     EISSN : 27230147     DOI : https://doi.org/10.31943/yustitia
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Yustitia adalah bentuk implementasi dari sebuah karya tulis ilmiah yang di kelola oleh Lembaga Kajian Hukum Fakultas Hukum Universitas Wiralodra Indramayu Yang memiliki fungsi dan tujuan untuk mewadahi kajian ilmiah dosen dan mahasiswa untuk mengupas kasus hukum yang ada dan berkembang Di Dalam masyarakat ini, Jurnal Yustitia memilki sebuah lambang Yang berlambangkan Dewi Keadilan ini berfilosofikan guna menegakan keadilan dimasyarakat tanpa pandang bulu.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 4 No 1 (2018): Yustitia" : 7 Documents clear
PERKEMBANGAN TANGGUNG JAWAB PEMEGANG SAHAM PERSEOAN TERBATAS DALAM UNDANG-UNDANG NASIONAL MENGGANTIKAN HUKUM WARISAN KOLONIAL Rohendi, Acep
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.26

Abstract

Law No. 40 of 2007 concerning Limited Liability Companies (UUPT) revokes Law Number 1 Year 1995 concerning Limited Liability Companies (UUPTL). This UUPTL replaces the provisions of a limited liability company inherited from the Dutch East Indies contained in the Commercial Code (KUHD) stipulated in the Third Section concerning Limited Liability Companies starting from Article 36 to Article 56 KUHD. The shareholders who are regulated in the UUPTL and the KHUD are not personally responsible for the agreements made on behalf of the Company and are also not responsible for the Company's losses in excess of the value of the shares they have. The KUHD also states that shareholders are not responsible for more than the full amount of their shares. Its development after being determined by the Company Law in 2007, the responsibility of the shareholders is not absolutely valid. The liability is unlimited and personal responsibility is fully imposed on the shareholders of the limited company in the 2007 Company Law. If the shareholders of a limited company violate or fulfill the elements stipulated in Article 3 paragraph (2) of the Company Law, or known as the Piercing The Corporate Veil principle (disclosure of the company's veil). This development is a sanction to shareholders of a limited liability company, which in the previous provision was unknown.
TATA KELOLA ANGGARAN DESA YANG BERSUMBER APBN DALAM RANGKA MEWUJUDKAN PEMBANGUNAN MASYARAKAT PINGGIRAN BERBASIS PEMERATAAN PEMBANGUNAN PEDESAAN DALAM PERSPEKTIF NAWA CITA (STUDI KASUS DI WILAYAH CIAYUMAJAKUNING) Sugianto, Sugianto; Leliya, Leliya; Ubaidillah, Ubaidillah
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.28

Abstract

Rural development in an integral part of regional development and national development as an effort to improve the quality of community’s life. The implementation of this rural development program is very important in the context of national development because rural areas occupy the largest portion in the entire country. The purpose of this study was to find out the village budget management sourced from the state budget in order to realize rural community development based on rural development in the perspective of Nawa Cita and the role of the village government in running the Nawa Cita program on peripheral community development on village government budget management based on people’s interest in order to realize equitable development. This study used a qualitative approach in order to investigate and understand the phenomena such as what happens, why it happens, and how it happens while understanding a social situation, events, and interaction roles. Data collection was carried out by conducting interview with the Head of BPMPD Department of Cirebon Regency, the Head of BPMPD Department of Kuningan Regency, the Head of BPMPD Department of Majalengka Regency and the Head of BPMPD Department of Indramayu Regency and all village heads in Cirebon, Indramayu, Majalengka, and Kuningan Regions. As well as the data were obtained from the documents in regency, disctrict, and village. The result of this study showed that village as the frontline of the development has strategic role in the success of the Nawa Cita Program. The village budget management is based on the principle of transparency, accountability, participatory, efficient, effective, orderly and budgetary discipline by paying attention to the justice principles, propriety and benefits for the village community. The implementation of activities in the APBD is carried out by the implementing team consisting of the elements from village apparatus and community institutions and supervised by the BPD, at the end of each fiscal year the Village Head has the obligation to submit a village government management report (LPPD) to the regional head through sub-district head and submit information to the LPPD to the BPD.
KASUS PT PANCA PUJI BANGUN DI SURABAYA DIKAITKAN DENGAN PASAL 91 AYAT (1) JO PASAL 185 UNDANG-UNDANG NOMOR 23 TENTANG KETENAGAKERJAAN Eka Sukarini, Eri
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.30

Abstract

A work relationship is a relationship between a worker / laborer and an employer / employer that occurs after the employment agreement or based on a work agreement that has elements of work, wages and orders. Therefore, legal relations between workers and employers are bound by the existence of a work agreement. The purpose of this article is to report how to resolve industrial relations; to reveal wages according to the Labor Law; to report cases related to employment. The findings and discussion indicate that industrial relations disputes are differences of opinion which result in conflicts between employers or joint entrepreneurs with workers / laborers or trade unions because of disputes regarding rights, interests, termination of employment, and disputes between trade unions in one company . The procedures for resolving Industrial Relations Disputes (PHI) are in accordance with Law Number 2 Year 2004 concerning Settlement of Industrial Relations Disputes (PHI Law), namely: Bipartite Negotiations, Tripartite Negotiations, Mediation, Councils, Arbitration, Industrial Relations Court. From the case of PT Panca Puji Bangun regarding the wages of workers / laborers not in accordance with Surabaya City Minimum Wages, the case was resolved through the Industrial Relations Court (PHI).
PENGADILAN TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG Subihat, Ihat
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.31

Abstract

The act of corruption is a violation of every person’s life as stipulated in Article 28A of the 1945 Constitution. As a result of corruption that has been detrimental to the country’s finance or the country’s economy, it also impedes the growth and sustainability of demanding national development high efficiency. For this corruption case, a court for corruption case has been established. Meanwhile, Money Laundering as stipulated in Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, does not have a special court but is often put together with a court of corruption. A court of corruption is the only court that has the authority to examine, hear, and decide the cases of corruption and money laundering crimes whose original crime is a criminal act of corruption; and/or criminal acts which are explicitly stated in other laws as criminal acts of corruption. The problem is how the litigation of corruption and criminal acts of money laundering are incorporated in an indictment of corruption and money laundering. This study used the descriptive method with a normative juridical approach. Data collection was carried out through library studies by collecting data in the form of legal materials; primary, secondary and tertiary legal materials. The analysis technique of this study was descriptive analysis that analyze the process and institutions based on legislation. The results of this study showed that the Corruption Eradication Act regulates materially and formally, so there are exceptions to the principles that are generally regulated in the Criminal Code (KUHP), Criminal Procedure Code (KUHAP) (Lex Specialist Derogate lex Generalis). The modes of money laundering are carried out in various ways. Judging from TPPU modes, it seemed true that TPPU is a stand-alone crime when using cumulative charges is more appropriate. The legal policy of the Corruption Crime Act and Money Laundering Lay (TPPU) related to the rule of law which is the basis of legality for Beneficial Ownership Criminal Liability (BO) as well as its position in Deelneming theory is a topic that must be formulated n the Action Bill Criminal Crime and Money Laundering Crime Bill (TPPU), whether effective evidence for Beneficial Owners (BO), doctrinal or the teaching snares. In the future politics of law enforcement in eradicating corruption and TPPU leads to Beneficial Ownerds (BO) is not enough as long as only the physical actors or stop at the actors revealed in the investigation. Besides the beneficial owner, it is also necessary to regulate criminal liability for legal entities that are used to save the proceeds of money laundering
DAMPAK PUNGUTAN PAJAK DILIHAT DARI SEGI HUKUM, EKONOMI DAN SOSIOLOGI Hamja, Hamja
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.33

Abstract

Tax is a mandatory contribution for people who have fulfilled the entry requirements to become taxpayers. The tax is expected to improve the welfare of all people. The tax cannot be felt directly by the community. The implementation of tax collection must have a clear regulation. The purpose of this article is to determine the impact of tax collection in terms of the economy perspective; to know the impact of tax collection if viewed from a legal perspective; to know the impact of tax collection if viewed in terms of sociology. The results of the study indicate that Article 1 of Law Number 6 of 1983 in conjunction with Law 28 of 2007, the definition of tax is a mandatory contribution to the State owed by an individual or entity that is compulsory based on the Law, by not receiving direct compensation and used for State needs for the greatest prosperity of the people. Tax is one of the sources of government revenue. It means that the increase in tax collection directly increases government revenues. Thus, the tax has several functions, namely the function of the budget (budgetair) and the regulating of function (regurelend).
PERLINDUNGAN HAK ATAS KEKAYAAN INTELEKTUAL BATIK TRADISIONAL PAOMAN DALAM MENINGKATKAN EKONOMI MASYARAKAT INDRAMAYU Suratno, Ujang
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.35

Abstract

Indonesia has some varieties of ethnic groups that are rich in diversity of intellectual property, there are so many products produced by society. The society creations especially created by the community are assorted, one of them is Paoman Batik. Thre are two kinds of Paoman Batik, those are contemporary and traditional, which is distinguished by its motives, processes, creators. The Paoman Traditional Batik is well-known to the public than contemporary. This research has supported the creators or copyright holders to get higher benefits, both the benefits of moral and economic rights. The main problem is, first, is the current intellectual property rights regime able to provide the foundation for the protection of Paoman Traditional Batik? Second, is the UNESCO's determination that stated if batik is a world heritage, non-object from Indonesia, can be used as the foundation to charge the economic rights of Paoman Traditional Batik? Third, is it possible for Traditional Batik, including Paoman Traditional Batik, to be carried out through other regimes, in addition to the intellectual property regime? Fourth, how is the effect of Paoman Traditional Batik Registered at the Directorate General of Intellectual Property of Indonesia on the Progress of Indramayu society? The research method used is descriptive specification, by using juridical empirical approach, which focus on secondary research consisting of legal materials, both primary, secondary and tertiary. However it is supported by primary data generated from field research through in-depth interview and survey techniques. The analysis used is descriptive analysis. The results of the study show that intellectual property rights that is copyright cannot be made as the foundation of protection against the creation of society that have traditional and communal motives, including the Paoman Tradsional Batik. The establishment of Batik by UNESCO as a non-object world heritage from Indonesia has increased the moral rights of Indonesia, but it also cannot be established as the foundation for restoring economic rights when there is a misappropriation. Another alternative to intellectual property is through the Sui Generis regime, which specifically addresses the protection of community rights, including intellectual property rights.
IMPLEMENTASI PENEGAKAN KETENTUAN PIDANA TERHADAP PELANGGARAN HAK KEKAYAAN INTELEKTUAL REGIM HAK CIPTA Indra Ariska, Dudung
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.36

Abstract

Indonesia as an archipelago has a very rich diversity of cultural arts. This is in line with the diversity of ethnicity, trabs and religion as a whole is a national potential which needs to be protected. After the enactment of Law No. 19 of 2002, the creators in the field of literature and science received legal protection so that it is no longer turned off the creativity of its employees. Normatively, if there is piracy, the sanctions imposed are very severe, namely a seven-year prison sentence and / or a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In fact, piracy is still ongoing. The current development of piracy is due to law enforcement carried out by law enforcement officers in this case the police are not carried out thoroughly and thoroughly, or in other words run half-heartedly so that there is no single case of piracy in the film sector that can be used as jurisprudence

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