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JURNAL HUKUM MEDIA JUSTITIA NUSANTARA

MJN
Website

Published by Universitas Islam Nusantara

ISSN : 20858884 EISSN : 28295889 DOI : https//doi.org/10.30999

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Media Justitia Nusantara (MJN) is a journal that intends to publish most quality research papers in the fields of law or criminology and social justice studies. The journal is keen to present relative overview of law, system-wide trends and problems on law, crime and justice throughout the world. Journal provides a medium for social scientists to report research findings with respect to crime and justice through innovative and advanced methodologies. The Journal encourages in submission of articles, research notes, and commentaries and also invites papers based on empirical research, theoretical analysis and debate, and policy analysis and critique that centre on crime and broadly defined justice-related topics in an international perspective.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 8 Documents

Search results for , issue "Vol 6, No 1 (2016): Februari 2016" : 8 Documents clear

Kajian Teoritis Kedudukan Perusahaan Pembiayaan Leasing Terhadap Aktifitas Tindak Pidana Pencucian (Money Laundring) Terkait Dengan Penerapan Prinsip Pengenalan Nasabah (Know Your Customer) Fontian Munzil
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Legal standing of leasing company other than the Bank is required to anticipate money laundering crimes including detection of service users by applying the know your customer principles. This study aims to examine, first, how is the position of the law of leasing company against money laundring activities? second, how far is the obligation of leasing company to apply the know your customer principles related to the legislation in the field of money laundering. The research method used is normative juridical with descriptive analysis analysis specifications. The technique of data collection is done through reviewing data obtained from secondary data using primary, secondary, tertiary legal materials. Comparative methods of law are used to sharpen the study of the problems under study. Data analyzed qualitatively by juridical then described and presented structurally and scientifically so that analysis can be done in the form of descriptive analytical problem translation.The study found that, firstly, the legal standing of a leasing company was clear, namely as a reporter for suspicious transactions carried out by service users and this arrangement was in line with the legislation group related to money laundering crime, secondly,leasing company were required in detail in the scope of substance or formal technical (reporting) to apply the know your customer principle and will be penalized if it does not fulfill these obligations.

Putusan Pengadilan Tanpa Perintah Penahanan Berdasarkan KUHAP dikaitkan dengan Pelaksanaan Eksekusi Toto Santosa
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Article 197 paragraph (1) letter k Criminal Procedure Code states that the sentencing decision letter includes a requirement that the defendant be detained or kept in custody or released. Article 197 paragraph (1) letter k Criminal Procedure Code in practice many remained unfulfilled by the Judges in itsdecision, because there is a Judge's decision that declared the defendant guilty of committing a crime , but the verdict is not ordered that the defendant be detained. Article 197 paragraph (1) letter k Codes material ever tested in the Constitutional Court. After the release of the decision of the Court was still there is controversy about the decision of the court without a restraining order associated with the execution. The research specifications used are descriptive analytical, which is to provide data or images as thoroughly as possible about humans, circumstances or other symptoms. The research approach is a normative juridical approach, namely a method that emphasizes research on library data, or called secondary data through legal principles and legal comparisons. This research was conducted in one stage, namely library research. The technique in collecting data uses document studies. Normative-qualitative data analysis. The study found that court decisions in criminal cases need to be stated that the defendant is detained, or remains in detention orreleased as part of a clause to confirm the defendant's status is guilty and must be punished, even though it is not mandatory (since the Constitutional Court's decision) . Execution of court decisions that have permanent legal force, the prosecutor must immediately carry out the execution even though in the court ruling there is no statement of detention order. Court decisions that have obtained permanent legal force in criminal cases, which do not contain a detention order are still valid and do not result in the court decision being null and void by law, so the prosecutor as executor can carry out the execution of court decisions that have obtained permanent legal force.

Perlindungan Hukum Bagi Debitur Wanprestasi Dalam Eksekusi Jaminan Fidusia Berdasarkan Undang-Undang Nomor 42 Tahun 1999 Tentang Fidusia Daniel Romi Sihombing
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The emergence of various financial institutions nowadays society helped spur the economy, but growth economic institutions are not supported by adequate legal development. Fiduciary Institute has recognized its existence with the Law of the Republic of Indonesia Number 42 Year 1999 regarding Fiduciary. Provision of financing for the debtor has the chance of risk. Fiduciary agreement is an agreement that arise because of the financing credit agreement (agreement inprincipal). If the debtor defaults, financial institutions can take on extinguishment of debt from the sale of collateral. The parties to the Fiduciary Security Agreement, both the receiver and giver of Fiduciary Fiduciary statutory fiduciary guarantees equally given legal protection, for the protection of the presence of the giver right to use the collateral objects, and in default the guarantor will not cause collateral objects with the Law Fiduciary. Focus includes problem identification, how the legal protection of debtors and creditors giver fiduciary fiduciary pursuant to Act No. 42 of 1999 concerning fiduciary? and how the efforts of law if the debtor defaults in agreement with the fiduciary and attempt to do if borrowers are in default? This study uses a method deskristifnormative and analytical nature. Based on the description and analysis of the problems it is known that the fiduciary protection for the giver, before declared in default by lenders is by doing a restructuring efforts, fostering dialogue between ourselves and the search for a solution, until the debtor is not defined in default. Safeguards for the debtor held as a joint venture by five principlesrelevant to national development, which as mentioned in the explanation of Article 2 of Law No. 8 of 1999 on Consumer Protection.Keywords: Legal Protection, Default, Execution, Fiduciary Guarantee

Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Jual Beli Dikaitkan Dengan Batalnya Suatu Perjanjian Disebabkan Oleh Wanprestasi Tri Mulyani
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The aim of this research is to answer the legal issues regarding the implementation of freedom of contract principles in purchase agreement associated with cancellation of agreement which caused by breach of contract. Research specifications are normative legal research using secondary data. The type of data is qualitative data obtained from primary legal materials, secondary legal materials, and tertiary legal materials. Stages of research through library research which aims to study, examine, and trace secondary data. Data collection techniques are literature studies that are collecting and analyzing secondary data recognizing the object of research. Data obtained, grouped and arranged systematically and for further data are analyzed, in qualitative analysis.The research results showed that (1) Associated with the fundamental freedom of contract, the prohibition to override Article 1266 and Article 1267 Civil Code, a breach of fundamental contractual freedom itself. Moreover, the Law Covenant set forth in Civil Code profess open system which means that the other conditions hold, as long as no breach of the principle of propriety, custom or law (Article 1339 Civil Code); and (2) The reason a lot of the particular actors to override Civil Code Article 1266 and 1267 in a deal for his business needs often as interpretations that embrace open systems Testament Law. Clauses in it only as a complement. So, the parties may establish other conditions, provided that no violation of the principles of propriety, custom or law (Article 1339 Civil Code).

Implikasi Hukum Perkawinan Beda Agama Berdasarkan UU No. 1 Tahun 1974 Tentang Perkawinan Dihubungkan Dengan UU No.23 Tahun 2006 Tentang Administrasi Kependudukan Nina Yayu Maesaroh
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Abstract. The Law No. 23 of 2006 on Population Administration (Adminduk) allows couples registered marriages of different religions through the determination of the origin of the Court On one side of the Law No. 1 of 1974 on Marriage states that marriage should be the same religion, and beyond that is not valid, but on the other hand Article 35 (a) of Act No. 23 of 2006 on Population Administration to allow it through determination. This study aimed to determine the consideration of the judge in determining the application perkawinanan religious differences. In addition it is also aimed to determine the implications of the Act No. 1 of 1974 on Marriage to Law No. 23 of 2006 on Population Administration. To achieve these objectives the research using normative juridical approach, with a secondary data source, the type of descriptive study with qualitative analysis. The study found that the validity of interfaith marriages according to Law Number 1 Year 1974 Article 2 paragraph (1) concerning Marriage, stated that the validity of marriage is based on their respective religions and beliefs. Some legal implications based on the Marriage Law are rights and obligations between husband and wife who have been ratified by a court through the establishment of judges which will result in the mixing of property for marriages that do not have marriage agreements and the birth of children creates reciprocal rights and obligations between parents and children . The implication based on the Population Administration Law is that the registration of marriage will get legal certainty for interfaith marriages that have obtained judges and children born who have not yet obtained a judge's decision to obtain a birth certificate.

Daftar Isi Jurnal Tansah Tansah
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Vol 6 No 1 Tahun 2016

Kajian Hukum Penanganan Tindak Pidana Kecelakaan Lalu Lintas Dengan Pola Manajemen Kepolisian Berdasarkan Undang-Undang RI Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan Emi Sri Utami
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Traffic problems are problems that cause a lot of problems, because it concerns the problem of order and security in society. According Polrestabes Bandung and Jasa Marga of the results of research in the field shows the rate of accidents in the city and throughout Indonesia is quite high. Based on the above, the authors feel compelled to do more research and then examines the problems that subsequently the authors formulate it in the form of a thesis with the title: "Handling of Legal Study of Traffic Accident Crime With Police Management Pattern Based on Law No.. 22 Year 2009 on Traffic and Road Transportation ". Identify a problem in this thesis include: how police management patterns associated with Law No.. 22 of 2009 on the Road Traffic and Transport investigation?, Whether the pattern of police management in the implementation of criminal investigations of traffic accidents has been applied in accordance with the Standard Of Procedures (SOP)? and how the concept of Manajemen Operasi Kepolisian (MOK) is applied in the service area to reduce traffic accidents in the future? The method used in this compiler is to use normative juridical approach while writing specifications in this thesis is a descriptive analysis, the research phase of this research is primary data that is obtained from field research (interviews) and secondary data from the primary legal materials, secondary legal materials and legal materials tertiary. Based on the description and analysis of the problems it is known that the pattern of police management is associated with Law No. 22 of 2009 on the road freight traffic investigation, theinvestigation process, the Indonesian National Police to make a policy through regulation of the Indonesian National Police Chief No. 8 of 2009 on Implementation and principles and human rights standards in the administration of the Indonesian National Police task. Efforts to optimize the roleof the police in the police as a tool of state who served as a state is obliged to respect and uphold human rights. The pattern of police management in the implementation of criminal investigations of traffic accidents in terms of protection of rights of suspects and defendants in the Criminal Code, including the crime of traffic accident. Legal concept of Police Operations Management (MOK) is applied in the service area to reduce traffic accidents in the future include law enforcement tends to be formal-legalistic means everything must be in accordance with legislation. Advice to convey is that there should be changes to the legislation, the implementation process should also be optimal inthe management or conduct of the investigation conducted by law enforcement officers, who will serve as a police investigator should have provisions and the concept of autonomy (freedom given to the police). That is no limit to the types of crimes that may be handled by the level of Police, Polres, Polwil or Polda.

Aspek Yuridis Pengelolaan Keuangan Negara Pada Kementerian/Lembaga Dihubungkan Dengan Prinsip Good Governance Berdasarkan Undang-undang No. 17 Tahun 2003 Tentang Keuangan Negara Widiawaty Widiawaty
Jurnal Media Justitia Nusantara Vol 6, No 1 (2016): Februari 2016
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Law Of The Republic Indonesia Number 17 Years 2003 concerting Public Money said that the public money must to managed in an orderly, obedient to the laws and regulations, efficient, economical, effective, transparent, and accountable with regard sense of justice and propriety. This mandate was in line with the government's efforts in order to realize good governance in the management of public money, which in turn can achieve welfare and prosperity of the people. The reality saw that there were some problems in public money managements, public money was not cordance with the principles of good governance. The research analyzed used Welfarestate theory as grand theory, Hans Kelsen’s theory as middle theory, and Hukum Pembangunan Moehtar’s theory as applied theory. This research was used normative juridical methodology, this mean thatreviewed legislation and legal theories related to the subject matter covered. This research was used secondary data such as literatures and interviews. Analysis of the data used was qualitative juridical. The result of this research saw that public money’s management was not did by good governanceprinciples approriately yet. In future, principle of good governance must did firmly. Improvements of laws and regulations about management of public money must be done in order to make a good governance’s not only about value, but also, in the end can help achieve national goals to create social welfare state.

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Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

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+628122416324

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sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sukendar

Contact Email spsilmuhukum@uninus.ac.id

Phone +628122416324

Journal Mail Official sukendarsps@uninus.ac.id

Editorial Address Jl. Soekarno - Hatta No. 530, Bandung

Location Kota bandung, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

Phone
+628122416324

Journal Mail Official
sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA