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Surakarta Law and Society Journal
Published by Universitas Surakarta
ISSN : 26215357     EISSN : 26215365     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Surakarta Law And Society Journal (SLSJ) is a peer-reviewed journal published by Faculty of Law Surakarta University twice a year in August and February. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of SLSJ is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics such as: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Medical Law; Adat Law; Environmental Law; Public Policy; Cyber Law; Business Law and another section related contemporary issues in law.
Arjuna Subject : Umum - Umum
Articles 38 Documents
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POSESSION AND OWNERSHIP OF LAND RIGHTS AS OBJECTS IN LAND PROCUREMENT PROGRAME (THE DIGNIFIED JUSTICE PERSPECTIVE) Teguh Prasetyo; Jeferson Kameo
Surakarta Law and Society Journal VOL. 1 NO. 2 FEBRUARY 2019
Publisher : Surakarta Law and Society Journal

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Abstract

In the Indonesian land law, individual right of lands are subject to the public interest. A right of land must have a social function. Nowadays, this policy is taking the form in the Land Procurement Act. One therefore could argue that the legal basic of a compulsory land procurement policy is stronger at the meantime, compare to the one before. Aspects which are regulated in the Law, among other things are the mandatory purchase procedures of land purchasing; the price of the land and these further schedulled in the generally Government regulations. The price of the land is prescribed one- sided by the Government as the purchaserwhois the party in the government contract, representing or acting on behalf of the State. This law has been long recognized in the Indonesian legal system. There are several types of Government compulsory purchases of land rights. The first category is a purchasing of a land right from the temporary holder and the second category is the compulsory purchase of an ownership of land from the permanent holder. In this article, this principle will be briefly examined. For this purpose, the writers use a homegrown but internationally recognised legal philosophy called as Dignified Justice Theory or Philosophy.
A VIEW ON MILITARY OPERATIONS AGAINST THE ARMED SEPARATISTS IN PAPUA FROM THE STATE POWER PERSPECTIVE Marjan Miharja; AL-Qamar S. Sangadji
Surakarta Law and Society Journal VOL. 2 NO. 1 AUGUST 2019
Publisher : Surakarta Law and Society Journal

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Abstract

The ongoing conflict between the armed separatists (OPM) in Papua and the Indonesian government is a domestic disorder, friction, and disturbance which can endanger the state sovereignty, territorial integrity of the state, and the safety of the entire nation. If this situation is not handled seriously, it can develop into a permanent condition which surely can turn into a major threat for the national security. Currently, the government has conducted military operations to deal with the OPM rebellion. The research problem is to describe the use of military operations within the state power perspective; and whether the use of military operations against the armed separatists in Papua has already been in accordance with the state power principle. This present research is a normative juridical method within a qualitative approach in which the data are analyzed by using the interpretive method. It is also a descriptive-analytical research in which it describes the applicable legislation and relates it with legal theories and the implementation practices of the positive laws which are related to the research problem. By using a library research, the data related to the research problems, e.g. written legislation, conventions, agreements, theses, journals, and other documents from the legal experts, were collected and analyzed
EMPIRICAL REVIEW OF GOVERNOR REGULATION NUMBER 17 OF 2017 CONCERNING PPDB IN STATE MEDIUM VOCATIONAL SCHOOL AND STATE VOCATIONAL SCHOOL IN CENTRAL JAVA PROVINCE IN EQUALITY PERSPECTIVE Femmy Silaswaty Faried
Surakarta Law and Society Journal VOL. 1 NO. 1 AUGUST 2018
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Abstract

Research on "Governor Regulation Number 17 of 2017 concerning PPDB in Middle Schools Above the Country and Middle School of Vocational Middle School in Central Java Province in the Perspective of Equality "is a form of regulation per Law which according to researchers that the rule has an unconstitutional content. This is seen in Appendix 1 of the Central Java Governor Regulation Number 9 of 2017 concerning selection in section f, which states that if there is the same final score, ranking determines the age of prospective students who are higher, choice 1 in rayon and higher grades according to sequence subjects. These points are very detrimental to students who have the same value as other students but are defeated because of lower age. Whereas for the lower age there are many factors that influence, the principle of equalization in accordance with the 1945 Constitution of the Republic of Indonesia is very unconstitutional. The method used in this study is empirical method, which is research that looks at how the law applies in the community and how the law can be received in real life in society. While the data collection techniques used were qualitatively, with data through interviews, which were conducted at two state high schools in the city of Surakarta. The results of the interviews obtained by the researchers indicate that the regulation has not been effective, meaning that the regulation has not yet impacted the school, except that the regulation which changes every year gives a dilemmatic impact on schools, given the authority of senior high schools and state vocational high schools. Subject to the Provincial government. According to the author with the data obtained, it can be done a review of the regulation in part or in whole by submitting a judicial review of the regulation through the Supreme Court institution. In accordance with Article 24 A Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, Law Number 12 of 2011 concerning the Establishment of Laws and Regulations, Law Number 3 of 2009 concerning the Authority of the Supreme Court and Supreme Court Regulation Number 1 of 2004 concerning Material Test Rights. Keywords: Governor Regulation, Equality Perspective, Material Test
PREVENTION EFFORTS OF CHILDREN AS ACTORS IN PERSPECTIVE CRIME OF NARCOTICS VALUE OF JUSTICE Frans Simangunsong; Teguh Prasetyo; Sri Endah Wahyuningsih
Surakarta Law and Society Journal VOL. 1 NO. 1 AUGUST 2018
Publisher : Surakarta Law and Society Journal

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Abstract

Drugs are a serious problem for this nation. These illicit goods undermine anyone. People'srepresentatives, judges, artists, pilots, students, workers, even housewives do not escape drug trafficking. In terms of age, drugs also never choose their victims, ranging from children, teenagers, adults, even to the elderly. Indonesia is a 'paradise' of drug trafficking. Why not, if judging from the circulation of drugs in the world, our country ranks third as the largest drug market in the world.Crime prevention can be done either by using criminal justice (other judicial) or other means outside criminal justice (non-judicial). Efforts to transfer the process from the judicial process to the nonjudicial process in the handling of narcotics abuse by children, are basically an effort to solve narcotics abuse committed by children outside the criminal justice channel. That is, the transfer of the process from the judicial process to the non-judicial process in the handling of narcotics abuse by children, is basically an effort to avoid children from the application of criminal law and punishment. Legal treatment for minors in the case of narcotics trafficking should receive serious attention. Law enforcers and process and decide must be sure that the decisions taken will be a strong basis for returning and regulating children towards a good future to develop themselves as citizens who are responsible for the life of the nation. Keywords: Prevention, Children, Crime, Narcotics, Value of Justice
FORM AND COMPOSITION OF LOCAL GOVERNMENT: MIXED REVIEW REGIONAL GOVERNMENT YOGYAKARTA Triwahyuningsih Triwahyuningsih
Surakarta Law and Society Journal VOL. 1 NO. 2 FEBRUARY 2019
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Abstract

This study aims to analyze and explain shape and composition of government Special Region of Yogyakarta that is privileged, reviews mixed government. This study is a normative legal research. The results of the study that Yogyakarta Special region has a shape and structure of government is unique in nature. DIY Local Government consists of Local Government and DPRD DIY DIY. DIY Local Government headed by the Governor who once was a king who reigns as the lane, who held the position for five (5) years and are not bound to the provisions of 2 (two) times periodization tenure as stipulated in the law on local government. DIY DPRD have the status, composition, duties and authority as provided for in the legislation Regional Government, as applicable also to Parliament in another province. However, in addition to duty and authority as specified Local Government Act, DIY Parliament is authorized to determine governor and vice governor and shaping legislation and Perdais with the Governor. The combination of the Governor of Yogyakarta as the king who reigns in the Sultanate along with a DIY parliament democratically elected government raises mixture (mixed government) in the form of democratic monarchy.
THE SINERGY OF CONVENTIONAL AND ONLINE TRANSPORTATION Ashinta Sekar Bidari
Surakarta Law and Society Journal VOL. 1 NO. 1 AUGUST 2018
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Abstract

Technological and information developments have brought changes to the economy. The community begins to innovate in business by utilizing internet media. Information and communication technology has experienced rapid development over time. Technology is one of the factors that can change the social dynamics of society. With the emergence of a variety of new technologies, many companies and businesses are being innovated to create attractive business models with services that are no less amazing. One of the current technological developments is in online motorcycle taxi services. With the presence of online transportation, there must be a good synergy with conventional transportation. Good synergy is expected to create healthy competition between the two modes of transportation. Keywords: Synergy, Conventional Transportation, Online Transportation
PARALOLE IN PENITENTIARY SYSTEM VIEWED FROM THEORY OF DIGNIFIED JUSTICE Tri Astuti Handayani
Surakarta Law and Society Journal VOL. 2 NO. 1 AUGUST 2019
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Abstract

The purpose of this study was to analyze how parole in terms of dignified justice. Type research uses normative legal research with the approach of legislation and approach to the concept. The data used is secondary data which comprise a source of primary law and secondary law material. The research results show that the granting of parole to prisoners intended that the inmate can be directly adapted himself to the public before the end of its life criminal. Granting parole intended for inmates to realize the error and the community to accept their presence in public life, useful and responsible
DISPUTE SETTLEMENT IN ANTROPOLOGI OF LAW PERSPECTIVE Taryono Taryono
Surakarta Law and Society Journal VOL. 1 NO. 1 AUGUST 2018
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Abstract

In the perspective of anthropology of law, disputes are social phenomena that are inseparable from human life, especially in multicultural society. He cannot be avoided or neglected in common life. What must be done is how the conflict is managed, controlled, accommodated, and resolved peacefully and wisely so as not to cause social disintegration in people's lives. In anthropology of law, the dispute and its settlement are one of the points that get a lot of attention. This focus of attention is the focus of anthropology of law in relation to the perception that the law operating actually appears in the process of dispute, in the settlement process taken, and in matters that occur after the decision is handed down by mediators or by parties negotiating, or by neutral third party. In the perspective of anthropology of law, the settlement of disputes can be done in two ways, namely first, the settlement of disputes through non-legal institutions; and second, settlement of disputes through legal institutions. The selection of dispute resolution through legal institutions and non-legal institutions tends to be determined by the community itself. In a simple or traditional society whose legal system has not developed tends to resolve the dispute with non-legal institutions. Whereas for modern and advanced society whose legal system has developed and the problems faced increasingly complex tend to resolve the dispute to legal institutions. Keywords: Dispute resolution, anthropology of law, settlement of litigation disputes, non legal dispute resolution
STUDY OF CORRUPTION IN THE PERSPECTIVE OF DIGNIFIED JUSTICE YB Irpan
Surakarta Law and Society Journal VOL. 2 NO. 1 AUGUST 2019
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Abstract

Criminal acts of corruption are transnational in nature, adversely affecting the life of the nation and state. The loss of state finances reached hundreds of trillions of rupiah, people's trust in the authorities decreased, economic costs became high, important government projects were abandoned, the cost of higher education was not affordable anymore by ordinary people, so that corruption was called extraordinary crime and therefore the handling of acts criminal corruption must be special. The return of state financial losses due to corruption is very important. The existence of state financial losses must be returned by corruptors because corruption is an act that violates human values. Recovering state financial losses can not only be done through court procedures but can also be done through out-of-court channels. Increasing the strong will of the government, law enforcement and the public in combating corruption in this country indiscriminately so that the recovery of state financial losses can be effective so as to be able to realize a dignified Indonesian nation. Keywords: Accountability, Corruption; Dignified Justice.
THE APPLICATION OF TEACHING OF PARTICIPATION IN THE ROBBING CRIMINAL ACT Basri Basri; Johny Krisnan
Surakarta Law and Society Journal VOL. 1 NO. 2 FEBRUARY 2019
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Abstract

This study aims to analyze and explain 1) Who are the parties that can be used as a suspect and how its position legally; 2) A criminal offence if the supposition to perpetrators. This study is a normative legal and empirical legal research. The results of the study that "participation teachings" in the case of Zakia Arifin Binti Zainal Arifin and Mrs. Tuti Ambarwati can be applied. However, there is a difference between the concept of participation in Article 55 of the Criminal Code with the element of cooperating or alliance in Article 363 and Article 365 of the Criminal Code. Article 55 of the Criminal Code is a general rule (legi generali) for acts of inclusion (deelneming) in a criminal act, namely for people who commit, order to do, participate in doing, and who advocate for criminal acts, in which the perpetrators are punished as a person who commits a crime; whereas Article 363 paragraph 1 number 4 of the Criminal Code, is a special rule (lex specialis) that is two people have committed acts of theft, and article 365 (specifically paragraph (2)) of the Criminal Code is a special rule (lex specialis), namely there is a criminal offense for theft with a joint charge (allied).

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