Jurnal Ilmu Hukum Tambun Bungai
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.
Articles
105 Documents
MENJAGA EKSPRESI BUDAYA TRADISIONAL DI INDONESIA
Ayu Citra Setyaningtyas;
Endang Sri Kawuryan
Jurnal Ilmu Hukum Tambun Bungai Vol 1 No 2 (2016): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v1i2.60
Indonesia is a country with remarkable potentialities of traditional culture expressions and traditional culture legacies. Both traditional culture expressions and traditional culture legacies take place in several forms such as folktales, dances, graving arts, weaving arts, and other still-unrevealed traditional culture expressions which may be useful for economic development in Indonesia. All traditional culture expressions and traditional culture legacies are the product of human thoughts that can be transferred and captured by human senses. However, many of Indonesian traditional culture expressions and traditional culture legacies have been claimed by other countries, especially developed countries, without asking permission from Indonesia. Nowadays, developing countries, including Indonesia, must encounter the injustice issue related to the utilization of their traditional culture expressions and traditional culture legacies. However, regulatory system is not strong enough to provide the protection needed for traditional culture expressions and traditional culture legacies. The utilization of traditional culture expressions and traditional culture legacies can be then defined as the use of traditional culture expressions as commercial assets without giving chance for developed countries to take benefits from Indonesia. Therefore, a special arrangement must be made to protect traditional culture expressions and traditional culture legacies.
PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN PASANGAN USAHA YANG BERITIKAD BAIK DALAM PERJANJIAN MODAL VENTURA
Rudyanti Dorotea Tobing
Jurnal Ilmu Hukum Tambun Bungai Vol 1 No 2 (2016): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v1i2.61
Formation of Venture Capital Company (PMV) in Indonesia is to finance to SMEs as Partnership Company (PPU). The main function of PMV is equity (equity participation) to the PPU, especially entrepreneurs beginners. Article 1 paragraph 2 of Regulation of the Minister of Finance No. 18 / PMK.010 / 2012 on the Venture Capital Company states that: "Venture Capital is a business entity that conducts business financing / equity into a company (investee company) for a certain period in the form of shares of stock, participation in the form of the purchase of convertible bonds and / or financing based on the division in the results. " In practice, the majority of PMV is engaged in the provision of credit and direct loans like banks. This situation triggered by the increasing number of business people who need loans for their business. On the other hand there are still many businesses that do not understand the true nature of venture capital firms. In ignorance and in desperate conditions, many businesses are doing the borrowing agreement with PMV. Arrangements were made just like a bank loan agreement following the security agreement in the form of imposition of Hak Tanggungan. When the PPU of default, the mortgage was executed and auctioned. PMV do into agreement for the understanding the true state of the PPU were in desperate need of funds. Article 1338 paragraph (3) of the Civil Code states that the agreement must be implemented in good faith. Good faith should be available from the moment the process of negotiating and drafting of contracts and the implementation of the contract. In essence the PPU has to implement its obligations in good faith, but instead PMV which does not apply the principle of good faith. PPU good faith should get legal protection. As a form of legal protection against PPU good faith, there should be strict sanctions to PMV who do venture capital agreement that does not comply with the legislation.
PELAKSANAAN PENDAFTARAN TANAH MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997
Ni Nyoman Adi Astiti
Jurnal Ilmu Hukum Tambun Bungai Vol 2 No 1 (2017): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v2i1.62
Implementation of Land Registry According to Government Regulation No. 24 of 1997, basically aims to provide legal certainty both the certainty of the subject and its object. But in the implementation there are still obstacles such as easurement and posted announcements by the measuring officers suddenly come other people who recognize. The far location of the object of the land resulted in the registration fee of land. Indicators become problematic implementation of land registration so that land registration has not been able to realize legal certainty in its implementation. Even the factors of non-implementation of land registration that protect the rights of the community above are exacerbated by the issuance of false certificates as well as double certificates.
PENGADILAN HAK ASASI MANUSIA DARI SUDUT PANDANG PENYELESAIAN KASUS DAN KELEMAHANNYA
Laurensius Arliman S
Jurnal Ilmu Hukum Tambun Bungai Vol 2 No 1 (2017): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v2i1.63
Settlement of human rights violations in Indonesia is regulated in Law Number 26 Year 2000 on Human Rights Court. Any person or group who has reason to believe that their fundamental rights have been violated can file reports and oral or written complaint to the national commission for human rights. This law contains provisions on the establishment of a special human rights court (ad-hoc) to prosecute human rights violations in the past that happened before the law goes into effect, while the permanent human rights court handles only crimes committed after ratification enactment these laws. However, the ad-hoc court as it was only set up to adjudicate pecific cases and formed through a special procedure anyway. The President can only establish ad-hoc courts like this if there is an explicit recommendation of the House of Representatives. Weaknesses in the settlement of human rights violations in Indonesia based on Law Court of human rights within the general judicial system, making it highly dependent on bureaucracy and administration of the public courts occupy, no article that mischaracterized that would allow actors to be free, and also the presence of an age limit whether it is to be investigators, prosecutors, and judges ad-hoc, thus inhibiting the influx of people who are competent.
GOOD GOVERNANCE DI BIDANG PEMERINTAHAN DALAM PERSPEKTIF OTONOMI DAERAH
Sugianto
Jurnal Ilmu Hukum Tambun Bungai Vol 2 No 1 (2017): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v2i1.64
In the era of reform As a tangible manifestation of the Implementation of Local Government by promoting the concept of decentralization, regional autonomy is the main topic that must be discussed and implemented in all the administrative arrangements of local government and society. Under Act No. 23 of 2014 in lieu of Law No. 32 of 2004 on Regional Governance, the present era is free from the complicity of executive and legislative interests. Because in the Implementation of Regional Head Election in this case the Governor, Regent and Mayor have become its own regulation that is Law no 10 year 2016, to choose clean regional leader and statesman as a real manifestation through local elections simultaneously "inevitably has become the people's right , But still there can not escape political interests because candidates for regional heads in the Act is carried by political parties or a combination of political parties. That in the current era of reformasi there are still problems to realize clean leader and statesmen. Of course, a healthy and clean Indonesian nation from corruption, collusion and nepotism is a sure thing of this good governance principle, and of course is something that Indonesian people really miss. The election of new leaders is part of the will of the people who want to create a capable Leader and promote synergy and Harmonization.
PENEGAKAN HUKUM TERHADAP PELAKU PELANGGARAN LALU LINTAS
Dekie GG Kasenda
Jurnal Ilmu Hukum Tambun Bungai Vol 2 No 1 (2017): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v2i1.65
Law enforcement of traffic offenders is influenced by 5 factors, namely substance factor (law and regulation), law enforcement factors, facilities and infrastructure factors, especially budget to conduct raid, public awareness factor factor and society culture factor. These five factors are closely related, as they are central to law enforcement, and as a benchmark of the effectiveness of law enforcement. Of the five factors are its own law enforcement factors namely the police is the central point. This is due to the implementation carried out by law enforcers and law enforcement agencies from the police themselves also should be a role model by the wider community.
PERLINDUNGAN HUKUM TERHADAP ANAK ANGKAT
Atin Meriati Isnaini
Jurnal Ilmu Hukum Tambun Bungai Vol 2 No 1 (2017): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v2i1.66
The adoption of a child is a legal act which diverts a child from the sphere of parental authority, legal guardian, or other person responsible for the care, education and rearing of the child, into the host family environment. The adoption of children has been regulated by the Government Regulation No. 54 of 2007 on the Implementation of the Rapture. In Government Regulation No. 54 of 2007 has been determined in detail, strict and strict about the procedures and conditions of adoption of children. It is intended that the implementation of adoption in accordance with the purpose of the child so that the child gets the welfare, both education, health, and life in the future. The achievement of the main goal of adoption is one of the concrete efforts of the Government to provide legal protection for adopted children.
PELAYANAN PEMBUATAN PASPOR
Rosmawiah
Jurnal Ilmu Hukum Tambun Bungai Vol 2 No 1 (2017): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v2i1.67
This research describes about the service quality in passport at Immigration Office Class I Palangka Raya. While the background of this research is not only Immigration Office as the place to serve public in passport, but also thepersistence of public complaints related to the passport. This research is based on the interviews and observations as initial data of the writer who found that there are indications of problems such social inequalities associated kinship/relationship, diverse completion time of passport, and existing facilities at the Immigration Office Palangka Raya Class I still yet support in the continuity of passport service. The purpose of this research was to determine the analysis of service quality in passport at the Immigration Office Class I Palangka Raya. The writer used the theory of Agus Dwiyanto which consists of 5 dimensions namely, dimension of officer attitudes, procedures, time, facilities and service charges. The method used is descriptive analysis with data collection through library research and field studies (observations and interviews). Therefore, the conclusion of this research is service quality in passport at the Immigration Office Class I Palangka Raya based on each dimension, dimension of officer attitudes is not quite good, dimension of procedure is good, dimension of time has a different opinion depends on completion time of passport, facilities are quite good, service charge is not quite optimal related to information costs, so that the overall quality of service passport at the Immigration Office Class I Palangka Raya is good enough. Only Immigration Office Class I Palangka Raya to further improve the performance of services so that services are provided to the people who will make the passport can run optimally.
PERANAN PSIKOLOG DALAM PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA
Arief Budiarto
Jurnal Ilmu Hukum Tambun Bungai Vol 2 No 2 (2017): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v2i2.68
In essence marriage aims to form a happy and eternal family, but in practice, sometimes the purpose of this marriage can not be achieved by various factors. In the married life, sometimes there are various problems, such as domestic violence. In such cases, it would have caused a victim to be physically as well as psychically injured. In such circumstances, much needed psychologist involvement, in addition to other law enforcement agencies to help resolve related legal cases in marriage.In cases of domestic violence a psychological approach is needed for both the perpetrator and the victim. Doers of domestic violence that can hurt the nearest person, from the point of view of psychiatric, influenced by psychiatric disorders. Domestic violence perpetrators, need to be given in-depth counseling rather than just punishment. From the side of the victim, should have the victims of domestic violence have a support system. The support system will help reduce the effects of domestic violence that the victim may experience.Support system is to seek moral help and psychological support from certain sources that are easily accessible and obtainable when the victim needs them. The role of psychologists in the field of law, among others, as advisers, evaluators and reformers.
PERANAN PERS UNTUK MEWUJUDKAN PERLINDUNGAN ANAK BERKELANJUTAN DI INDONESIA
Laurensius Arliman S
Jurnal Ilmu Hukum Tambun Bungai Vol 2 No 2 (2017): Jurnal Ilmu Hukum Tambun Bungai
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya
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DOI: 10.20231/jihtb.v2i2.69
Children as part of a citizen, they have the same rights as other citizens, which shall be protected and respected by every citizen of the State. Child legal protection is defined as an effort to protect the law against freedom and child rights related to their welfare. Mass media coverage is adorned by the many acts of violence that occur in children. Today the phenomenon that occurs in the world of the press, the press media only focus more on democracy and politics and even the owners of the press media more focused plunge into the world of politics, even some owners of the press openly declare himself as a future presidential candidate or vice presidential candidate. The mass media should be required to broadcast appropriate information, for the development and protection of the rights of the child. Negative information will have a negative impact on the development of the child reaching his adult. The press in guarding the protection of children's rights, must carry out the role of social control and guarding every thing directly with children. This is because children are part of citizens, they have the same rights as other citizens, which must be protected and respected by every citizen and country.