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Jurnal Ilmu Hukum Tambun Bungai
Published by Sekolah Tinggi Ilmu Hukum Tambun Bungai
ISSN : 25029541     EISSN : 26859386     DOI : 10.61394
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Ilmu Hukum Tambun Bungai (JIHTB) is a scientific journal published by Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya with p-ISSN 2502-9541 e-ISSN 2685-9386, Indonesia. Jurnal Ilmu Hukum Tambun Bungai (JIHTB) covers the fields of Criminal Law, Business Law, Civil Law, Administrative Law, Islamic Law, Constitutional Law, International Law, Customary Law, Economic Law, Human Rights Law, and other sections related to contemporary issues in law. First published in March 2016 for the electronic version. The purpose of the Jurnal Ilmu Hukum Tambun Bungai (JIHTB) is to provide a place for academics, researchers and practitioners to publish original research articles or review articles, disseminate research results and increase the productivity of scientific publications. Jurnal Ilmu Hukum Tambun Bungai (JIHTB) was published twice in March and September.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 9 No 1 (2024): June 2024" : 6 Documents clear
The Existence of Individual Companies As Legal Entities In Micro and Small Enterprises In Indonesia: A Review of The Problems of The Alter Ego Doctrine Salma Syakira, Kineisha; Firdaus, Nur Sa’adah; Suryanti, Nyulistiowati; Yuanitasari, Deviana
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.284

Abstract

The enactment of the Job Creation Law affects the provisions of Limited Liability Companies. The mechanism for establishing an Individual Company which is explained implicitly in the Company Law and the Job Creation Law raises issues related to the process of organ responsibility in an Individual Company which states that directors can concurrently hold positions as shareholders and vice versa. One of the problems of the presence of Individual Companies in MSEs in Indonesia is the birth of Alter Ego conditions. The solution to limit the unlimited liability of corporate organs is that the government needs to strengthen and reinforce the doctrine of Piercing the Corporate Veil for Individual Companies and provide legal certainty regarding the regulation of corporate organs in the Company Law and Government Regulation No. 8 of 2021. This article examines the existence of individual companies in the context of micro and small businesses in Indonesia. The focus of the analysis lies on the concept of the alter ego doctrine which often becomes a problem in business practice. This research utilizes a document analysis approach and literature study to explore the legal and practical implications of the alter ego doctrine on individual companies in Indonesia. The analysis shows that the alter ego doctrine has a significant impact on the personal liability of micro and small business owners. The implications of these findings are discussed in the context of business regulation and legal protection for micro and small business owners in Indonesia.
Analysis of The Impact and Dynamics of Gratification In The Practice of State Administrative Law Irawan, Taufik; Yanto, Yanto
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.290

Abstract

The practice of gratification, which involves receiving rewards or gifts by state administrative officials, can undermine the foundations of good governance principles. The implications of gratification practices can damage the government's image, reduce public trust, and affect the effectiveness of public policy. This phenomenon creates challenges in various aspects, including public ethics, public trust, and the effectiveness of legal institutions. Apart from that, the dynamics of gratification can also penetrate the administrative decision-making process. Objective considerations in decision making can be disturbed by the influence of gratification, resulting in policies that are not in line with the public interest. This opens up gaps in inequality in public services and inefficient use of public resources. The high complexity of this problem requires an in-depth understanding of the dynamics of gratification in the practice of State Administrative Law. Especially solutions to overcome the problems of awareness and ethics of state administration administrators, internal and external supervision of perpetrators of gratification, environmental conditions of work organizations and active participation from various stakeholders to prevent and eradicate can involve various parties, especially law enforcement officials, the media and the public to proactively reveal , urge and report behavior that leads to gratification. This article explores the phenomenon of gratification in the context of state administrative law practice. Through in-depth analysis, we explain the dynamics behind gratification, its impact on the effectiveness of the state's administrative legal system, and efforts that can be made to overcome this problem. Our research concludes that a deep understanding of gratification is critical to enhancing the integrity and credibility of the country's administrative legal system.
Mixed Marriages in Indonesia and Citizenship Issues: a Call for Dual Citizenship Reform For Children From Mixed Marriages Soesetyo, Setiawati
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.348

Abstract

Law No. 1 of 1974 on Marriage Article 57 defines mixed marriages as marriage between two persons who in Indonesia are subject to different laws, due to differences in citizenship and one of the parties is a foreign national and one of the parties is an Indonesian national. While mixed marriages have occurred widely in Indonesia involving two people of different origins, religious beliefs, or ethics, the issue of citizenship arises when married couples involve two people of different nationalities. Some countries in the world allow instant citizenship by marriage. The State Republic of Indonesia acknowledges single citizenship under Law No. 12 of 2006 concerning Citizenship. The main idea of this journal is to highlight the issues of citizenship of offspring from mixed marriages. While children of mixed marriages may have dual citizenship until the age of 18, what are the implications for their citizenship in the future? In the context of the state, how does the government see this as the nation’s future generation?
Normative Review of Economic Democracy In The Indonesian Sharia Banking Legal Framework Riza Hafizi, Muhammad; Rahman, Zainur
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.379

Abstract

This research is a normative review of economic democracy within the legal framework of Indonesian sharia banking. In this context, this article aims to explore how the principles of economic democracy are reflected in the legal regulation of Islamic banking in Indonesia. The research method used is a normative approach involving a literature review and legal analysis of sharia banking regulations in Indonesia. The research results show that bank regulations in Law no. 7 of 1992, Law no. 10 and 21 of 1998, as well as other regulations, consistently promote democratic principles in Indonesia's national financial system. The Indonesian sharia banking institutional system which began in December 1983 marked an important first step in integrating sharia principles into the national banking system. Apart from that, the importance of the prudential principle in regulating sharia banking in Indonesia is also emphasized in this research. The precautionary principle aims to ensure that banks operate legally and in accordance with the principles of sharia law, as well as to protect consumer interests. This research provides valuable insight into how economic democracy is reflected in Indonesia's Islamic banking legal framework. The implications of these findings can be used to increase understanding of the importance of economic democracy in building an inclusive and sustainable financial system in Indonesia.
Exploring International Legal Challenges For Unhcr In Dealing With Rohingya Refugees In Aceh, Indonesia Hasanah, Uswatun; Binti Ibrahim, Elly Adriana
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.382

Abstract

The difficulties the UNHCR has managing Rohingya refugees in Indonesia are the main topic of this article. This article focuses on the challenges faced by the United Nations High Commissioner for Refugees (UNHCR) in managing Rohingya refugees in Indonesia. As the primary international agency tasked with refugee management globally, the UNHCR plays a crucial role in preventing statelessness, determining refugee status, and providing comprehensive remedies. However, the study reveals that despite receiving approval from the Indonesian government to operate, the UNHCR encounters difficulties in fulfilling its mandate to assist Indonesia's ethnic Rohingya refugees. This limitation is attributed to the escalating number of asylum seekers in Indonesia requiring aid. The research utilizes content analysis to delve into UNHCR's struggles with Rohingya refugees, gathering and analyzing various sources such as reports, studies, news, and policies related to Rohingya refugees in Aceh. Through this method, the study uncovers patterns and challenges encountered by the UNHCR, including managing crises and navigating international and local cooperation. Ultimately, this research provides a detailed understanding of the complexities surrounding the Rohingya refugee crisis in Aceh.
Constructionilsm of Functionlism: Belom Bahadat as Legal Culture of The Dayak Community In Palangka Raya Natalia, Desi; Munte, Alfonso
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.383

Abstract

This research examines the concept of "Belom Bahadat" as a deep legal culture in the Dayak community in Palangka Raya, using the perspective of Max Weber and Talcott Parsons. This concept not only includes formal aspects of law, but also represents ethical-religious values ​​and social integration mechanisms that are important in the life of the Dayak community. Max Weber's perspective helps us understand how "Belom Bahadat" is closely related to religious values ​​and traditional legitimacy, while Talcott Parsons' perspective highlights the role of this concept in maintaining social stability and societal cohesion. Using a qualitative approach and documentation analysis, data was collected through participant observation and in-depth interviews with members of the Dayak community. The research results show that the concept of "Belom Bahadat" not only acts as a formal legal system, but also as a cultural foundation that regulates the behavior, social interactions and life patterns of the Dayak people. The ethical-religious values ​​represented by "Belom Bahadat" have a strong influence in shaping the social order and maintaining the continuity of Dayak community culture. The conclusion of this research is that the perspectives of Max Weber and Talcott Parsons provide valuable insight in understanding the complexity of the concept of "Belom Bahadat" as the legal culture of the Dayak community in Palangka Raya. By integrating these two perspectives, we can better understand the role of values, social structures, and integration mechanisms in forming and maintaining the concept of "Belom Bahadat" in the lives of Dayak people.

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