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Contact Name
Kodrat Alam
Contact Email
amuksamudrajustitia@gmail.com
Phone
+6281564902090
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lkhfh.unwir@gmail.com
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Jawa barat
INDONESIA
Jurnal Yustitia
Published by Universitas Wiralodra
ISSN : 19789963     EISSN : 27230147     DOI : https://doi.org/10.31943/yustitia
Core Subject : Social,
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
Search results for , issue "Vol 4 No 2 (2018): Yustitia" : 7 Documents clear
KESIAPAN PEMERINTAH MENERAPKAN GREEN BANKING MELALUI POJK DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN BERDASARKAN HUKUM POSITIF DI INDONESIA Agus Salim, Muhammad
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.40

Abstract

The world of banking in Indonesia began to show its concern for environmental problems through various banking activities known as Green banking. Green banking is a program for a financial institution that makes sustainability a top priority in its business. Currently banks that have pledged green banking are required in OJK Regulation Number 51 / POJK.03 of 2017 concerning the Implementation of Sustainable Finance for Financial Service Institutions, Issuers and Public Companies to report on the results of implementing green banking. This writing discusses how the legal consequences of the implementation of green banking for banking business activities in Indonesia after the enactment of POJK Number 51 / POJK.03 in 2017 concerning the Implementation of Sustainable Finance for Financial Services Institutions, Issuers and Public Companies and how OJK conducts supervision. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and electronic media. The findings of this study are 2 (two) explanations namely First, the legal consequences of the implementation of green banking in banking business activities in Indonesia in realizing sustainable development have not been able to be carried out due to banks and financial services institutions both banks and non-banks do not yet have specific guidelines or references governing this green banking. Second, the obligation for banks that have pledged green banking is to provide insurance for the environment, considering that banking business activities also include insurance referring to Article 7 of the Banking Law. OJK has actually launched environmental insurance, but the Indonesian government has not responded to anything that has been conveyed by the OJK. The reason for the government according to the OJK informants is that the development of a little more would certainly damage the environment, so that environmental insurance is impossible in Indonesia.
PERAN ARBITRASE ICSID DALAM KERANGKA PENANAMAN MODAL DI INDONESIA Setiady, Tri
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.41

Abstract

At present many foreign investment contracts are made by the State subdivisions and State companies on one side with foreign private companies on the other. For countries that want to carry out a lot of business contracts in the field of foreign investment, which of course must provide stimulating incentives for investment, including the provision of supervision of foreign companies, because foreign investment means getting knowledge, experience, technical and managerial fields. The main considerations of foreign investment to carry out business contracts are basically their market expansion, besides the low production costs due to relatively cheaper labor costs, tax-free facilities (tax holidays) and other facilities free of charge by the capital receiving countries ( host states).
PERAN BANK INDONESIA DALAM KEJAHATAN PERBANKAN YANG DILAKUKAN OLEH BANK BALI Hamja, Hamja
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.42

Abstract

The existence of a central bank is also needed to regulate and supervise banks so that their activities can develop healthy and run smoothly so that it can encourage economic activities. This is considering that the existence of an impartial regulator will bring banks to carry out their operations efficiently and be able to advance economic development. In the interbank payment system, Bank Indonesia has the duty to regulate and maintain a smooth payment system. Including the problems that occurred in the case of Bank Bali, the task of Bank Indonesia as an institution that regulates and maintains a smooth payment system between BDNI and Bank Bali.
PEMBAYARAN UANG PENGGANTI DAN APLIKASINYA DALAM TINDAK PIDANA KORUPSI Indra Ariska, Dudung
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.43

Abstract

Currently, the issue which is becoming a very big problem is the Corruption Crime. Both corruption carried out openly or clandestinely are all crimes that are very detrimental to society and the State. State losses in corruption are one of the elements that must be proven by the Public Prosecutor, especially for the proven state losses. Corruption Crime also recognizes the efforts of the perpetrators to return the corrupt money to the state. The case of returning the results of corruption to the state as a remedy for the Defendant in freeing himself from the snare of corruption charges. Payment of this substitute money should not exceed the amount of money which was corrupted, so it is expected that the lost state finances can be returned. However, it is not easy to get a replacement payment, since the problems that will be found in practice are very diverse in their problems, even if the money from corruption needs to be found, it must be traced in advance.
KEWENANGAN PELAKSANA TUGAS MENTERI DALAM MENGAMBIL KEPUTUSAN DAN TINDAKAN YANG BERSIFAT STRATEGIS BERDASARKAN UNDANG - UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN Egi Dwitama, Sigit
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.45

Abstract

One form of decree that is included in the scope of state administration is a Ministerial Decree, which is a decision determined and issued by a minister who is always concrete-individual in the form of administrative stipulations (beschikking). However, not all departments and/or government officials such as the Minister have the authority to form these decisions, because in forming decisions can be seen from the status of government officials as an example of the Ad Interim Minister who does not have the authority to issue strategic decisions. But different problems arise when there is Ad Interim of Energy and Mineral Resources Minister Luhut Binsar Pandjaitan issued Decree Number 6752 K / 70 / MEM / 2016 concerning Dissolution of Ad Hoc Organizational Units in the Ministry of Energy and Mineral Resources, which basically was a strategic decision. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and electronic media. The results of this study consist of 2 (two) analyzes, namely First, the position of the Acting Decree of the Minister of ESDM does not have legal validity because there is a disability when viewed from the aspect of authority, formation process, and the purpose of its establishment with legislation and AUPB and Second, towards legal validity which is not possessed by the Minister's decree executor, the decree becomes invalid and a mechanism is needed to cancel the decree.
TINJAUAN HUKUM MENGENAI PERLINDUNGAN TENAGA KERJA INDONESIA DIHUBUNGKAN DENGAN PRINSIP STANDAR MIMUM INTERNASIONAL DALAM PERSPEKTIF HAK ASASI MANUSIA Sumartini, Siti
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.47

Abstract

Problems of Indonesian Workers (TKI) is never complete, this is caused by many factors that lie behind it. Cases of physical violence, unpaid salaries, sexual ravings to the death penalty of defending. can be drawn a legal issue that focuses as follows; What is the Shape of Protection Against TKIs working in other countries in a human rights perspective? and How can the International Minimum Standards Principle be applied as a form of protection to labor migrants?. This research is done by using normative juridical method. This juridical approach is due to this research by analyzing the legal aspects that exist, and is normative since this study focuses more on the analysis of existing legislation and other regulations, both from national and international perspectives, as well as using data secondary data that is scientific references or other scientific writings as a study material that can support the completeness of this scientific work. Legal protection regarding TKI is an absolute must be done by the Indonesian government, given the TKI is a foreign exchange hero for the country.
PENEMUAN HUKUM HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014.MK KASUS PROYEK BIOMEDIASI PT.CHEVRON BACHTIAR ABDUL FATAH Suratno, Ujang
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.48

Abstract

Judicial authority in Indonesia is carried out by a Supreme Court and the Constitutional Court which has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia and decide on the authority dispute of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the Law against the 1945 Constitution became a polemic related to the prejudicial object which was finally answered through the decision of the Constitutional Court (MK) number 21 / PUU-XII / 2014. The Constitutional Court granted part of the application for corruption convictions in the case of PT Chevron Bachtiar's Abdul Fatah biomediation project, one of which examined the prejudicial object provisions which were polemic, especially after the South Jakarta District Court's prejudicial has canceled the status of suspect Commissioner Budi Gunawan (BG) by the KPK. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First, Constitutional Court Judges have made legal inventions by providing interpretations and limitations on what can be the object of prejudicial in criminal procedural law by testing it against the constitution and seeing whether the KUHAP Articles tested are contradictory with constitutional rights. Secondly, the Constitutional Court uses several interactive techniques used by member judges in decision number 21 / PUU-XII / 2014. In the joint decision, the judges used Authentic, Systematic, Grammatical, Historical, Extensively and sociological interpretation techniques. This can be seen in the decision of point one stating a phrase which means interpreting the law using grammatical techniques

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