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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 137 Documents

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Penegakan Hukum Pelaku Tindak Pidana Narkotika di Lingkungan TNI Berdasarkan UU No. 35 Tahun 2009 Tentang Narkotika Dan UU No. 31 Tahun 1997 Tentang Peradilan Militer Dian Irawan
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The danger of narcotics abuse is able to spread to all levels of society, including the Indonesian National Army (TNI). Considering that TNI is a tool of national defense, narcotics crimes committed by members of the TNI will refer to the Criminal Procedure Code and specifically be examined through Military Courts, therefore it is interesting to examine the prosecution of TNI members who commit narcotics crimes under Law Number 35 , 2009 concerning Narcotics Jo. Law No. 31 of 1997 concerning Military Courts and the effectiveness of the application of criminal penalties against law enforcement in the perspective of the objectives of narcotics crime in the TNI. These problems were examined by using research methods through Descriptive Analysis of research specifications and normative juridical approach methods, as well as through qualitative juridical data analysis methods, namely data analysis with concepts or theories without using formulas and numbers. Based on the results of the study, it was found that the process of prosecution of TNI members who committed criminal acts of narcotics was examined by applying Law No. 35 of 2009 concerning Narcotics and the Criminal Procedure Code, while in additional criminal cases the dismissal of military service was based on Article 26 KUHPM. The effectiveness of the application of criminal penalties in the form of dismissals from the military service can provide a deterrent effect in the context of realizing Narcotics-free TNI organizations, the enforcement of discipline and the order of life of TNI soldiers.

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

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

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.

Analisis Penerapan Sanksi Terhadap Pegawai Negeri Sipil Terkait Dengan Penggelapan Barang Persediaan Milik Negara Berdasarkan Hukum Penyelenggaraan Negara (Studi Kasus di Rumah Tahanan Negara Klas I Bandung) Indra Ganjar Nugraha
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Essentially organizing the task of the Indonesian state government for the welfare of its people is carried out by providing services to the community. The services in question can be direct or indirect, carried out alone, or submitted to other parties. The administration of daily government is carried out by a [government paratur which is currently known as the State Civil Apparatus (ASN). In carrying out its duties and functions to provide services to the community, the State Civil Apparatus must submit and comply with the prevailing laws and ethics in carrying out their duties and functions. Based on this thought, the identification of the research problem was formulated as follows: (1) Are civil servants who have been subjected to sanctions for compensation and other administrative sanctions for the same mistakes can they be asked for criminal liability? and (2) How is the handling of the problem of inventory items internally related to the applicable regulations? The objectives of this study are: (1) to be able to find out whether civil servants who have been subject to sanctions for compensation and other administrative sanctions for the same mistakes can be asked for criminal liability, and (2) in order to illustrate how to handle the problem solving of goods supply internally related to the prevailing laws and regulations.This thesis research uses normative legal research methods or library research because this research places secondary data as primary legal material. Normative legal research is qualitative where the data used is not in the form of numbers, but is a description of words in a sentence.The results obtained from this thesis research are: (1) Civil Servants who have been subjected to sanctions for compensation and / or other administrative sanctions for the same mistakes can also be asked for criminal liability, and (2) handling the problem of supply items (procurement problems rice) that occurred in Bandung's Jail Class I was based on law, but not in accordance with all applicable laws and regulations.

AKUISISI SAHAM HUBUNGANNYA DENGAN INVESTASI ASING DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Juli Asril; Imas Rosidawati Wiradirja
Jurnal Media Justitia Nusantara Vol 4, No 2 (2015): September 2015
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Share acquistion is a very popular formof acquistion carried out in every company takeover. Share acquistion will, however, become an extraordinary matter when it creates monopoly and business competition. Acquistion is therefore still deemed as a controversial decision as it possesses dramatic and complex implications, detrimental as wel as beneficial to manyparties. With respectto the above, this research needed to study : First, what are the legal implications when share acquistion of a national company by a foreign company creates business competitions, and second, what legal protection is there for minoritysharehoders who suffered through the acquistion of a nationalcompany by a foreign company.

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

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 Bagi Penyidik Polri Dalam Melaksanakan Tugas dan Fungsinya Guna Terwujud Tegaknya Hukum dan Ketertiban Dalam Perspektif Hak Azasi Manusia Wahyu Daeni
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The Police of the Republic of Indonesia (POLRI) in relation to the Government is one of the functions of state government in the field of maintaining security and public order, law enforcement, protection, advisory and service to the community, which aims to make it happen, internal security covering the maintenance of security and public order, order and law enforcement, the implementation of protection, guidance and service to the community, and the establishment of society by upholding human rights (HAM). The police are in charge to protect the human rights of civilians. but the public often ignorant that the police, both as personal persons and profesional individual, also have human rights that must be preserved. The underlying factor behind the human right abandonment is a police assumption as a creature that transcends humanity. It make the police impossible to fall as a victim, The omnipotent (power full) state positions them as the only one who is always blamed when there is a friction between the police and the public. The purpose of this research is to find a legal protection system for the investigators who become victims while carrying out their duties from a human rights perspective and find the system of duties and functions of police investigators independently and professionally to realize law enforcement and order. This type of research is normative legal research or library research methods, namely the methods used in legal research conducted by examining existing library materials. Juridical research or normative legal research (doctrinal), is a study that examines legal issues in depth against established legal norms. The research specifications used are descriptive analytical which describes various applicable laws and regulations related to legal theories and the practice of implementing positive laws related to the problems under study. This study uses a normative juridical approach, namely research that is guided by legal norms stated in the legislation. The study was conducted on laws and regulations and legal principles which are secondary data. Based on library research, data analysis and research results, it shows that until now there is still a violation of human rights personnel, both internal and external, It make the police demoralized, then manifested into the form of unbending behavior worth it. Tragically, the most vulnerable target of demoralization is precisely the party that the police should protect, that is the community. The shape starts from poor service to the criminality that preys on society. The independence of the National Police as a tool of the state, still influenced by executive power and other extra judicial powers, as well as in law enforcement is still largely determined by intra-judicial power. Police professionalism is directed through a multi-dimensional approach to improving the quality of Polri personnel by emphasizing well motivation; well education; well salary; well trained; well equipments; supervisory function; and moral commitment.

PERLINDUNGAN HUKUM PEKERJAMIGRAN DARI TINDAKAN TRAFFICKINGDAN IMPLIKASINYA TERHADAP WACANA PERUBAHAN UU NO. 39 TAHUN 2004 TENTANG PENEMPATAN DAN PERLINDUNGAN TENAGA KERJA INDONESIA DI LUAR NEGERI Imas Rosidawati Wiradirja
Jurnal Media Justitia Nusantara Vol 4, No 2 (2015): September 2015
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Every Indonesian citizen has right to get job and decent living for humanity, but in reality, the limitation of job fields makes lots of Indonesian people prefer to work abroad. From year to year,the amount of Indonesian people who work abroad is always increasing. The magnitude of publicwho wants to workabroad and already work abroad not only has its positive effect to decreasethe unemployment problems, but also has its negative effect related to the possibility of inhuman treatment including trafficking. This kind of risk can be experienced by migrant workers during the departure period, working period, and after coming back to Indonesia. In other hand, UU No. 39 Tahun2004 about TKI (Tenaga Kerja Indonesia) placement and protection abroad has not accommodated the whole content of Konvensi Pekerja Migran, because it only covers TKI protection during pre-placement and postplacement. Unfortunately, the law cannot protect the TKI during working period abroad.

Sita Jaminan (Conservatoir Beslag) Menurut Herziene Indonesisch Reglement (HIR) Dalam Praktik Dikaitkan Dengan Kepastian Hukum dan Perlindungan Hukum Agus Surachman
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Not all Agreements will proceed according to what is promised, often we find that the agreement is not implemented or only partially done, and will make new legal problems, commonly called wanprestasi. Default means to break the promise (not keeping promises), or the absence of an achievement. The settlement of the default case can be done in 2 ways, ie through non-litigation (litigation) or litigation (legal process) process, the default lawsuit accompanied by the confiscation petition (conservatoir beslag) filed by the plaintiff to the Court is often not in accordance with what is expected by Plaintiffs because the rulings are less clear and the consequences of the judgment can not be executed (non-executable). Based on the above description, the author will write a scientific paper in the form of this thesis with the title: "Sita Jaminan (conservatoir beslag) According to Herziene Indonesisch Reglement (HIR) in Practice Associated With Legal Certainty and Legal Protection", the main issues that will be The study can be identified as follows: How does Sita Penjaminan (Conservatoir Beslag) in Practice be associated with Legal Certainty and Legal Protection? and How is the concept of Sita Penjaminan (Conservatoir Beslag) that is non-executable for the realization of Legal Certainty and Legal Protection? The research method used in this research is analytical descriptive method with normative juridical approach method. Data collection techniques used are document studies through library research to obtain secondary data, supported by interviewing through field research. The data analysis, is a juridical-qualitative analysis. Based on the results of research that has been done, the authors can take conclusions, namely as follows: Sita Collateral (Conservatoir Beslag) in practice associated with Legal Certainty and Legal Protection has not been fully implemented because of the often unclear verdict so that the confiscation of confiscation (conservatoir beslag) Petitioned by the plaintiff or creditor to be useless (illusoir), and as a result of his law the plaintiff has no legal protection and legal certainty. The concept of Sita Jaminan (Conservatoir Beslag) which is non-executive for the realization of Legal Certainty and Legal Protection is to be relevant between Posita Lawsuit, Petition Lawsuit, Legal Consideration in Decision and in Judgment of the panel of judges themselves, so Sita Jaminan (Conservatoir Beslag) will Is performed in accordance with the expectations of the Plaintiff and is justified by law in accordance with applicable legislation.

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).

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Home Page

OAI Link

Editorial Team

Contact

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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

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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