cover
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
JURNAL HUKUM MEDIA JUSTITIA NUSANTARA
ISSN : 20858884     EISSN : 28295889     DOI : https//doi.org/10.30999
Core Subject : Social,
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 7 Documents
Search results for , issue "Vol 7, No 1 (2017): Februari 2017" : 7 Documents clear
Perlindungan Hukum Terhadap Narapidana Anak Terkait Dengan Hak Pembebasan Bersyarat di Lembaga Pembinaan Khusus Anak Klas III Bandung Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Maretta Mugia Sajati
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.871 KB) | DOI: 10.30999/mjn.v7i1.529

Abstract

Parole is one part of prisoner formation in the correctional system. The purpose of parole for child prisoner is the social reintegration of child prisoners to generate motivation or encouragement to them towards the goal of coaching, give an opportunity to get education and skills to prepare themselves to live independently in the community after being free, encouraging people to actively participate in the implementation of correctional insitution, and significantly to reduce the number of prisoners. Law No. 11 of 2012 concerning the Child Criminal Justice System states that children who have undergone 1/2 their sentences in a prison and not less than 3 months of good behavior are entitled to parole. The problem identified in this study is how is the legal protection of child prison related to the right to parole at the LMKA, Class III Bandung? And how is the concept of fulfilling the rights of child prisoners in the process of coaching at the LMKA in order to fulfill the rights of future child prisoners? The research is descriptive analytical in the form of drawing and reviewing facts that are intended to provide a clear picture of the problem with the intention of providing data or a picture of the problem as thoroughly as possible. The approach method is normative juridical which focuses on research on library data through legal principles and legal comparisons. The research phase is carried out by collecting secondary data and then conducting library studies including interviews with several speakers as supporting data, which will be developed to strengthen the assumptions and conclusions to be formulated. Data analysis will be conducted in a juridical-qualitative manner, which is an analysis with descriptive-analytical decomposition. The results of the study found the implementation of the parole release program refers to the Regulation of the Minister of Law and Human Rights Number 21 of 2013 which is not in line with Law No. 11 of 2012. Child prisoners can take part in the parole program if they have undergone a minimum of 2/3 sentences periods of at least 9 months and behave well during the shortest period of 9 months. LMKA Class III Bandung has not been able to apply the requirements as stipulated in Law Number 11 of 2012 because there are no derivative implementing regulations. Seeing the existing developments, now is the right time to change or rearrange the legal substance through reviewing and structuring regulations on the implementation of prisoner guidance by paying attention to the hierarchy of legislation and respecting the fulfillment of human rights.
Keberadaan Komisi Yudisial Dalam Rangka Membangun Peradilan yang Bersih dan Berwibawa Fontian Munzil
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.966 KB) | DOI: 10.30999/mjn.v7i1.488

Abstract

The main problem in this research: first, how far does the existence of the Judicial Commission realize a dignified Judge? Second, how is the Judicial Commission strengthening as an effort to build a clean and authoritative judiciary?The research method used is normative juridical to analyze research data. Data was collected through a review of data obtained from secondary data, primary and secondary legal materials. Secondary data research on legislation by means of vertical and horizontal synchronization, including conducting legal comparison methods with other countries. The results of the study found, first, that the legislation has largely regulated the position of the Judicial Commission but in practice it cannot be fully implemented because of the lack of regulation and technical understanding with the Supreme Court as the technical understanding of the verdict as a basis for alleged violations of the code of ethics. Second, strengthening the existence and contribution of the Judicial Commission by giving practical contributions to the Supreme Court in the form of increasing the competence and welfare of judges with the Judicial Commission budget, and establishing a joint task force with other law enforcement agencies in order to maintain and uphold the honor, dignity and conduct of Judges and form representatives of the Judicial Commission in the region.
Pencantuman Label Halal Dalam Kemasan Suatu Produk Makanan Dihubungkan Dengan UU Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Mela Septiani
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (213.962 KB) | DOI: 10.30999/mjn.v7i1.530

Abstract

Halal (allowed by the Sharia Law, and hereinafter allowed) assurance of food products is a crucial issue for Muslims and becomes a factor in considering whether to buy and consume them or not. The label, for consumers, serve to identify a product, rendering such information of the product as product name, net weight, ingredients, producer’s name and address, expiry date, price, and allowedness. Islam regulates food product allowedness in the Al Quran, stated that Muslims must consume food products which are both allowed and rich in nutrients. The institution which is up to now authorized to certify food product allowedness is the MUI. Inclusion of the halal label in the packaging of a food product will be examined in relation to the Consumer Protection Act and includes how the role and monitoring mechanism carried out by the government on information on halal products circulating in the market. This research is normative legal research with the research methodology used is descriptive analytical. This type of research uses normative juridical which is used to explore information and implementation that legal protection is not merely a set of rules. Legal data in the form of primary, secondary and tertiary legal materials and other legal materials are collected through literature studies and interviews, then the data obtained is analyzed qualitatively juridically. Based on the results of the study, it was found that the license for the inclusion of a product's halal label after obtaining a halal certificate from the MUI, then LPPOM MUI, would issue a halal label after a product obtained halal certification from MUI. Consumer protection of products on the market is the duty of LPPOM MUI to carry out its supervisory function in collaboration with the Health Office and conduct field checks every 6 months. The West Java Provincial Government ratified Regional Regulation No. 13 of 2015 concerning the Development and Supervision of Hygienic and Halal Goods Products.
Akibat Hukum Yang Terjadi Pasca Kepailitan Pada Perseroan Terbatas Happy Yulia Anggraeni
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (291.327 KB) | DOI: 10.30999/mjn.v7i1.525

Abstract

Companies engaged in business are legal entities and some are not incorporated. One company that is a legal entity is a Limited Liability Company (PT). Specifically, a Limited Liability Company is regulated in Law No. 40 of 2007 concerning Limited Liability Companies (UUPT) which are effective from August 16, 2007. In Law No. 40 of 2007 concerning Limited Liability Companies, also regulated several provisions concerning bankruptcy that occur because of errors or negligence of the board of directors and bankrupt assets is not enough to pay all the obligations of the company in bankruptcy, each member of the board of directors jointly and severally responsible for all obligations that are not repaid from property bankruptcy. The problems in the paper are: How is a Limited Liability Company stated in bankruptcy conditions and what impact can it cause when a Limited Liability Company is declared bankrupt. The approach method used in this study uses a normative juridical approach. The research specification used is descriptive analytical, namely research that aims to provide a description of the research subject. Data for this research are sourced from secondary data supported by primary data. This study will examine secondary data. Data analysis was carried out on data with a qualitative approach, namely the data that had been collected was sorted and processed. After being sorted and processed then analyzed logically and systematically. The results of the discussion indicate that a bankruptcy of a PT is bankruptcy of itself not bankruptcy of the management, even though the bankruptcy occurs because of negligence of the management so that the board should not be held accountable jointly for the loss due to negligence and can only be held accountable if wealth the company is not enough to cover losses due to bankruptcy. The impact caused when a Limited Liability Company is declared to be in a bankrupt condition is that the debtor for the law loses the right to control and manage the assets that are included in the bankrupt assets as of the decision of the  ankruptcy statement. The PT Legal Entity, not automatically disbanded and the dissolution of the PT Legal Entity still uses the GMS procedure as the highest organ in PT. The implementation of the Dissolution of the PT Legal Entity was carried out after the management and settlement of the company was  ompleted. The dissolution of PT after the bankruptcy verdict was read can only be requested by the creditors of the court with the reason that the company was unable to pay its debt after it was declared bankrupt or the company's assets were not enough to pay off all of its debts after the bankruptcy statement wasrevoked. 
Perlindungan Hukum Terhadap Hak Ekonomi Pencipta e-book Atas Proses Pendistribusian e-book Berdasarkan UU No. 28 Tahun 2014 Tentang Hak Cipta Dikaitkan Dengan UU No. 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik Ruhiat Sobirin
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.565 KB) | DOI: 10.30999/mjn.v7i1.526

Abstract

The essence of copyright containing two kinds of rights, namely the right of economic and moral rights. Economic rights include the right to publish (right to publish or right to perform) and the rights to reproduce (right to copy or mechanical right). The moral rights include the author's right to have his name remarked in creation (attribution right or right of paternity) and author's rights to prohibit others destroy and mutilate his creation (right of integrity). This study uses normative juridical approach, the approach to reviewing and analyzing secondary data in the form of legal materials primary and secondary law with understanding the law as a positive set of rules or norms in the  egislation system governing human life. Based on the research note that the economic rights of the e-book Creator in accordance with the Copyright law is a copyright work produced by the creators, so that the creator has a copyright on the e-book. E-book distribution in accordance to Article 9 of the Copyright is only belongs to must be with the permission of the creator or copyright holder of the e-book, the ITE Law provides protection of economic rights of creators in terms of electronic transactions. because of the nature of the distribution of e-books using electronic media.
Konsep Strict Liability dalam Hukum Acara Perdata Indonesia Syahrul Machmud
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (315.578 KB) | DOI: 10.30999/mjn.v7i1.527

Abstract

This study aims to find out the concept of absolute liability in Indonesia's civil procedural legal system, especially regarding environmental disputes. Also examined the history of the development of strict liability in the common law legal system until it was adopted into Indonesia's civil procedural law. Theoretically this concept is still a concept found in several Indonesian laws. It's just how it is implemented in Indonesian judicial practice, until now there has been no further regulation. This study uses a type of normative juridical research, data collection is done through literature studies and document studies. The results of this study indicate that the concept of strict liability has been accepted in Indonesia's civil procedural law system, but at the implementation level there are no claims that use this strict liability concept.
Kajian Mengenai Privasi dalam Informasi Digital Dihubungkan dengan Directive 95/46/EC dan Directive 2002/58/EC of The European Parliament and of The Council Tansah Rahmatullah
Jurnal Media Justitia Nusantara Vol 7, No 1 (2017): Februari 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (297.749 KB) | DOI: 10.30999/mjn.v7i1.528

Abstract

Information and Communication Technology has played a major role in the process of receiving, sending, and storing data, both public data and privacy data in various fields. But unfortunately, the empowerment of Information and Communication Technology related to personal data or privacy is starting to run out of control. Conditions that occur at this time are the emergence of misuse of personal data or violations of privacy so that the impact can be detrimental to the community as a user. This study uses normative legal research methods using a normative juridical approach which is carried out by reviewing and analyzing the rules of international law relating to the privacy of digital information. Based on the research, it was found that privacy is not only protected by law but also includes cultural norms, ethics, and business / professional practices. DIRECTIVE 95/46 / EC and DIRECTIVE 2002/58 / EC provide protection against data and privacy in the digital era and answer a number of important issues related to information confidentiality, treatment of data traffic, spam and cookies. In addition, it also provides guidelines and explanations that the processing of personal data can only be done for relevant and not excessive purposes, for legitimate purposes, as well as ensuring the processing of personal data accurately and up to date. 

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