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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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Kepastian Hukum Terhadap Perlindungan Tenaga Kerja Alih Daya (Outsourcing) Dikaitkan Dengan Habis Masa Kontrak Kerja Pasca Putusan Mahkamah Konstitusi No.27/PUU-IX/2011 dan Putusan No.7/PUU-XII/2014 Rokhana Rokhana
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Legalization of outsourcing based on Law Number 13 of 2003 concerning Manpower caused controversy. Parties who disagree, especially Labor and Trade Unions, consider the outsourcing system to be a form of modern capitalism. The concept of outsourcing in the employment system in Indonesia is a policy of labor market flexibility that will improve the investment climate, open the expansion of employment opportunities in the formal sector and reduce poverty. The author will examine how legal certainty for the protection of outsourcing workers after the contract period ends and how forms of legal protection for outsourcing workers when the contract period ends. The research method is descriptive analytical, which describes various applicable laws and regulations related to legal theories and the practice of implementing positive laws related to the problems to be studied. The approach method used is normative juridical (doctrinal), which is a law that is conceptualized as what is written in legislation. The research was conducted through a single stage of library research and the techniques used in data collection, namely research on documents relating to the problem being studied. Secondary data in analytical descriptive research with normative juridical approach were analyzed qualitatively.The study found that legal certainty regarding the protection of outsourcing workers after the Constitutional Court's decision regarding the expiration of the contract period was given a guarantee of welfare and workers' rights in accordance with Law No. 13 of 2003. Legal Protection for Workers in the PKWT work system and outsourcing whose contract expires is a guarantee of Legal Protection, namely the appointment of permanent employees or PKWTT system work agreements.

Implementasi Pasal 10 Ayat (1) Jo Pasal 5 Ayat (1) Undang-Undang Nomor 48 Tahun 2009 Tentang Kekuasaan Kehakiman Yang Mewajibkan Hakim Untuk Menemukan Hukum Dikaitkan Dengan Putusan Mahkamah Konstitusi Republik Indonesia Nomor 46/PUU-XIV/2016 Susiana Soeganda
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

On December 14, 2017, the Constitutional Court declared Court Decision Number 46/PUU-XIV/2016, which rejected the petition for judicial review of Article 284, Article 285 and Article 292 of the Criminal Code for all submitted by the Petitioners. Consideration of Decision of the Constitutional Court Number 46/PUU-XIV/2016 which refused the application, one of which is that the Constitutional Court can not necessarily surpass its authority. The expansion of criminal law norms or criminalization is not the domain of the Constitutional Court's authority, but the legislators (DPR and President). Based on such background, this thesis would discuss: How to implement Article 10 paragraph (1) in conjunction with Article 5 paragraph (1) of Law Number 48 Year 2009 on Judicial Power which requires judges to find law related to Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016, Dated December 14 2017 ?, and what is the impact after the issuance of Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016, Date December 14, 2017? Specifications research was descriptive, with a normative juridical approach, a method in normative legal research used primary sources of secondary data, and it was carried out in one phase, namely the research literature, which was supported by interviews, and used collection techniques data, then after the secondary data including other supporting data,were inventoried, they analyzed by normatives-qualitative. As a result, the writer research found out that: The inconsistency of the five constitutional judges, as if limiting themselves to the concept of judicial restraint, and unwilling to make legal discovery or create a new law in the form of interpretation, because the Constitutional Court is positioned as a negative legislator, therefore Article 10 paragraph (1) jo Article 5 paragraph (1) of Law Number 48 Year 2009 on Judicial Power which requires judges to find law related to Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016 has not been applied consistently, and Decision of the Constitutional Court Number 46/ PUU-XIV/2016 on December 14, 2017, declaring rejection of the petition for the amendment of the Criminal Code relating to the regulation of moral crime in Article 284 of the Criminal Code, Article 285 of the Criminal Code and Article 292 of the Criminal Code, for one reason in its consideration. The Constitutional Court could not automatically surpass its authority. The expansion of criminal law norms or criminalization was not the domain of the Constitutional Court's authority, but the legislators (DPR and President) authority, would certainly have the effect of giving loopholes and spatial debates in the discussion of the Draft Law on Penal Law currently being discussed in Parliament (DPR), whether obscene acts, both by and against same sex might be criminally or not in the Unitary State of the Republic of Indonesia, whose population is predominantly Muslim.

PENYANDERAAN (GIJZELING) SEBAGAI INSTRUMEN MEMAKSA DALAM HUKUM PERPAJAKAN Fontian Munzil
Jurnal Media Justitia Nusantara Vol 4, No 2 (2015): September 2015
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Tax is a compulsory levy for every citizen who governed with legislation which is the basis of taxation. Tax authorities have the authority to use force/actions to be taken to enable the taxpayer topay the tax. Coercion can bedirect ie the seizure and auction of goods or execution of which is called before the execution must be carried out stage as warning, reprimand, installment payment or the tax authorities actively enforced by issuing a forcing letter. Gijzeling will apply with the condition of the taxpayer does not immediately pay off their tax debt whilethe tax authorities have been doing things like letters of reprimand, letters of forced, confiscation. Gijzeling is temporarily restraining the freedom of taxpayers by placing certain somewhere. Gijzeling did not result in the abolishment of tax debt and tax collection due to the cessation of implementation based on tax laws, the tax debt is paid off if already paid or due to expiry. This study will examine the actions of Gijzeling in the enforcement of tax law as a repressive force of law and legal protection of the taxpayers as a tax payment to the Gijzeling -taking attempt. Research Method described by structured research conducted by scientific normative juridical approach, ie legal research to library materials and secondary data from the study of the principles contained in the laws and methods of comparative law. Analysis with descriptive analytical research specifications also conducted to analyze Gijzeling For Forcing Instruments of Taxation Law. The study found Gijzeling in a last-ditchattempt taxation sufficient morally and psychologically for taxpayers who do not have good faith to pay taxes which Gijzeling must be done carefully in accordance withapplicable regulations, because otherwise it would result in excess counter-productive that does not comply with the law. Law Protection of taxpayers regarding the implementation of Gijzeling has been regulated in detail in the form of quantitative and qualitative terms, and go through the other steps first.

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

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 Hak Cipta Sebagai Jaminan Fidusia Menurut Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta dan Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Dalam Rangka Mewujudkan Kepastian Hukum Taryan Setiawan
Jurnal Media Justitia Nusantara Vol 8, No 1 (2018): Februari 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The development of copyright contained in Law No. 28 of 2014 concerning Copyright provides legal protection for the creation of copyrighted works. In addition, the Copyright Law has a provision that copyright can also be used as an object of fiduciary guarantee. This shows that copyright is currently very useful for holders of copyrighted works because their creation can be used as collateral to get debt in a fiduciary manner. The practice of Law No. 42 of 1999 concerning Fiduciary which is a legal umbrella for parties in carrying out fiduciary practices has not fully accommodated the implementation of copyright as a fiduciary guarantee, therefore it is necessary to do research on how the concept of copyright regulation can create legal certainty ? and how can the concept of copyright execution as the object of fiduciary collateral in implementing the law on fiduciary be able to bring about legal certainty? The research carried out was descriptive, namely describing the symptoms in the community towards a case to be studied, the approach taken was a qualitative approach which was the method of research that produced descriptive data. The types and sources of legal material in this study use the Civil Code, Trade Criminal Code, Law Number 28 of 2014 concerning Copyright and Law Number 42 of 1999 concerning Fiduciary Guarantees, Bank Indonesia Regulation Number 9/6 / PBI / 2007 as legal material primary, expert theories as secondary legal material. This legal research uses data collection techniques by studying documents or library materials from both print and electronic media (internet). The data obtained will be analyzed descriptively. The results of the study found that some of the reasons for this were the lack of socialization regarding the provisions so that copyright holders did not know it, the reluctance of banks or other guarantee institutions to accept copyright as an object of fiduciary guarantee because the implementation rules of the provision were unclear, and the existence provisions in Bank Indonesia Regulation (PBI) Number 9/6 / PBI / 2007 which regulate limitatively about movable objects which can be used as fiduciary guarantees while copyrights are not listed as one of them, so banks are hesitant to accept copyright as fiduciary guarantee, while banks or other guarantee institutions certainly hold the principle of prudence in providing credit loans.

HAK SISTEM PEMILIKAN TANAH BANGSA INDONESIA DAN KAITANNYA DENGAN PENERAPAN HAK-HAK DERIVATIF DALAM RANGKA AGUNAN UTANG-PIUTANG Aslan Noor
Jurnal Media Justitia Nusantara Vol 4, No 2 (2015): September 2015
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Law No.4 of 1996 is the mandate of Article 51 of Law No. 5 of 1960, which regulates the only institution security rights over the landknown as Mortgage. The law completes the realization of law unification in the field of national land management .The existance of the law bring fresh air for business development in Indonesia. Land and buildings located on it can be used as collateral either by the individual or legal berau. As it can raise fund sasinitial capitalin doing business (business activity) to sustain the economy and national development.

Tindakan Preventif dan Represif Non-Yustisial Penegakan Hukum Administrasi Oleh Eksekutif Syahrul Machmud
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

This study aims to determine the effectiveness of administrative environmental law enforcement by the executive. As it is known, enforcement of environmental law can be done through administrative law, civil law and criminal law. Administrative law is considered to have a strategic value that functions as an instrument of control, prevention and prevention of environmental pollution and / or damage. And administrative sanctions are intended so that violations can be stopped. Thus administrative sanctions become a juridical instrument that is both preventive (preventive) and at the same time repressive non-judicial (administrative sanctions imposed by the executive). This study uses a normative juridical method, and data collection is done through literature studies and document studies. From mass media, it can be seen that environmental pollution and / or destruction continues, this shows that the enforcement of administrative law by the executive has not run optimally. The Environment Supervisor (acting as a preventive measure) who is the spearhead of executive administrative law enforcement is very inadequate, this has an impact on the lack of repressive non-judicial actions (giving sanctions without going through a court). There are still too many weaknesses in the implementation level, so that the enforcement of administrative law by the executive must get serious improvement.

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.

Analisis Permasalahan Hukum E-Commerce dan Pengaturannya di Indonesia Tansah Rahmatullah
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

E-commerce has a unique characteristic where transactions can be done anywhere, anytime, in a flexible way and carried out online, but can cause legal certainty, namely whether the trade transaction is lawful, fulfilling the elements of validity, jurisdiction, and legal protection. whether it is related to buying and selling transactions or related to the use of personal data (collecting). This study uses a normative juridical research method by reviewing and analyzing secondary data in the form of primary legal materials, secondary and tertiary legal materials. The specification of this study is descriptive analytical research to describe and analyze e-commerce problems through the library research approach which will be presented descriptively. This normative legal research uses secondary data types because it focuses more on library research. Based on research, in addition to the existing positive laws related to civilization, namely the Civil Code, Indonesia has the ITE Law and the Trade Law as well as the Government Regulation on the Implementation of Electronic Transactions and Systems which is the legal umbrella of e-commerce transactions, however harmonization is needed for activities e-commerce has legal certainty and guarantees protection. In fact, given its unique characteristics of e-commerce activities, a selfregulation (Sui Generis) is needed, like the Personal Data Protection Act.

Implementasi Undang-Undang Nomor 5 Tahun 2014 Tentang Aparatur Sipil Negara Dalam Tindak Pidana Narkotika Berdasarkan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Saepudin Saepudin
Jurnal Media Justitia Nusantara Vol 8, No 2 (2018): September 2018
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The crime of abuse of narcotics by civil servants is not only a serious violation of the State apparatus's disciplinary regulation but also a serious criminal offense, which should have been processed through the general court, but in fact there are some cases of criminal narcotics abuse whose punishment did not provide deterrent effect to other civil servants.This study aims to determine the implementation of Law Number 5 of 2014 concerning State Civil Apparatus to Civil Servants Who Conduct Criminal Acts, as well as legal actions that can be carried out by agencies against civil servants who are proven to commit criminal acts of narcotics abuse. The method used is descriptive analysis method with a normative juridical approach, analytical descriptive is research that describes applicable laws and regulations associated with legal theories and the practice of implementing positive law concerning issues. The results of this study indicate that the application of law to civil servants who commit narcotics crimes that is using legal remedies namely the perpetrators of narcotics crimes must be processed by law based on Law Number 35 of 2009 concerning Narcotics. While civil servants as criminal offenders are dishonorably discharged based on Article 87 of Law Number 5 of 2014 concerning State Civil Apparatus. Efforts to implement the law are carried out in a preventive manner, namely using legal remedies where perpetrators of narcotics crimes must be processed by law based on Law No. 35 of 2009 concerning narcotics. As for countermeasures so that other civil servants are not tempted to commit disciplinary violations, especially in narcotics crime violations, preventive measures are carried out in the form of prevention by conducting intensive guidance to civil servants by means of socialization and counseling about the dangers of narcotics and adverse impacts. from drug abuse.

Page 3 of 14 | Total Record : 137

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Home Page

OAI Link

Editorial Team

Contact

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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

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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