Jurnal Ilmu Hukum KYADIREN
Jurnal Hukum Kyadiren menerima manuskrip dengan topik-topik terkait masalah hukum di indonesia dan mancanegara secara umum. Artikel-artikel yang dikirim mencakup permasalahan seputar hukum perdata (Civil Law), hukum pidana(Criminal Law), hukum acara perdata (Civil Procedural Law), Hukum acara pidana (Criminal Procedure Law), hukum dagang (Commercial Law), hukum konstitusi (Constitutional Law), hukum internasional (International Law), hukum administrasi negara (State Administrative Law), hukum adat (Adat Law), hukum agama (Islamic Law), hukum agraria (Agrarian Law), hukum lingkungan (Environmental Law), Hukum Pendidikan (Educational Law), Bahasa Hukum (Legal Linguistics) dan sebagainya.
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<![CDATA[Pembagian Warisan Bagi Anak Perempuan Ditinjau dari Hukum Adat Byak ]]>
<![CDATA[Hamza Toatubun]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.122
<![CDATA[This study aims to analyze the process of the inheritance distribution for girls and the factors that affects the development of girls' inheritance rights in terms of Byak Traditional law. This research is empirical juridical research. It was conducted in Inggiri Village, Biak-Papua. The analysis was carried out in a qualitative descriptive technique. The results showed that 1) The process of the inheritance distribution for occurs when the heir has died, where the position of the heir is taken over automatically to the heirs who are part of the clan (keret) or biological children. The girls can be given inheritance (Kayan) on condition that a traditional ceremony (Wor) is carried out as a traditional recognition but gets a smaller share than boys as the successors of the family's descendants (Keret). 2) The factors that influence the development of the inheritance rights are economic factors, educational factors, and social factors. The most prominent is educational factors because civilization and the society gradually develop following a more advanced education standard and religion as a facilitating intercommunication.]]>
<![CDATA[Upaya Kepolisian Perairan Resort Biak Numfor Dalam Pencegahan Illegal Fishing ]]>
<![CDATA[Asrul Asrul]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.123
<![CDATA[This study aims to identify and analyze the factors that cause illegal fishing in Biak Numfor Regency, and the efforts conducted by the Biak’s Resort Water Police Unit in its prevention. The approach used in this research is empirical juridical research. Data collection techniques used are observation, interviews and literature study. The results of the study indicate that the occurrence of illegal fishing in Biak Numfor are caused by the low economic factors of the fishing community, the lack of knowledge about the dangers and impacts of illegal fishing, and low education so they tend to think instantly without taking into account the consequences of illegal fishing. Efforts to combat illegal fishing carried out by the Biak’s Resort Water Police include preventive measures (holding legal counseling, conducting regular water patrols, collaborating with other relevant agencies) and repressive efforts (arresting and examining and enforcing the law strictly in the application of sanctions against illegal fishers.]]>
<![CDATA[Gerbang Pembayaran Nasional (GPN) Sebagai Instrumen Dalam Optimalisasi Penarikan Pajak Penghasilan (PPh) Pada Transaksi E-Commerce ]]>
<![CDATA[Immanuel Riyadi Tampubolon]]>;
<![CDATA[U Sudjana]]>;
<![CDATA[Amelia Cahyadini]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.124
<![CDATA[Information Communication and Technology (ICT) has changed the form of traditional business to a digital-based business known as e-commerce. The development of e-commerce in Indonesia increases in size every year and affects the tax reception especially on the matter of income tax. The self-assessment system is a form of tax collection that emphasizes in recording, paying, and reporting incomes directly to businessmen. This causes many businessmen are considered not doing their tax liability. The National Payment Gateway (NPG) is an instrument that can record the incomes of businessmen for the benefit of income tax collection optimizations. However, there are currently no laws that specifically regulate records of businessmen incomes through NPG. This research is a descriptive analysis with the use of normative and empirical juridical approach. The results of the study indicate that the concept of withdrawing income tax (PPh) through the National Payment Gateway Instrument (GPN) requires a strong and concrete legal basis that regulates the requirements that must be met as an e-commerce business actor. In addition, it is also necessary to regulate cooperation between related institutions based on the Whole of Government theoretical approach in implementing the concept.]]>
<![CDATA[Peranan Pemilik Tanah dalam Pelepasan Tanah Adat Untuk Mewujudkan Kepastian Hukum Demi Kepentingan dalam Pembangunan Fasilitas Publik ]]>
<![CDATA[Asdar Djabbar]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.125
<![CDATA[This study aims to determine the role of land owners in the traditional land release and to find out the obstacles to releasing the land for legal certainty in the construction of public facilities. This study uses an normative and empirical juridical approach, which was carried out at the Office of the Higher Education Service Institute (LLDIKTI) Region XIV Papua-West Papua and the Central Faidoma Market (Darfuar) in Biak Numfor. Data were obtained through documentation, interviews and observations, and were then analyzed descriptively and qualitatively. The results showed that the community played an important role in the land release for legal certainty during the both public facilities, especially during decision making. The tribal chief represents his community when the deliberation between government agencies requiring land and land owners takes place in a friendly way without intimidation. Obstacles to the release are non-legal and legal constraints. Non-legal constraints consist of overlapping recognition of traditional land by several tribes, clans, and unclear boundaries of the land due to natural boundaries, and the lower compensation. Legal constraints consist of the difference in perception between the government and the local traditional community on whether the basic agrarian principle fits the traditional law culture]]>
<![CDATA[Perlindungan Hukum dan Pembinaan Anak Didik Pemasyarakatan Berdasarkan Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan ]]>
<![CDATA[Nurul Chaerani Nur]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.126
<![CDATA[The purpose of this study was to find out the legal protection of prisoner students in the Biak’s Penitentiary based on Law No. 12 of 1995 concerning corrections and to determine the factors that hinder legal protection for the students. This study uses an empirical juridical approach by looking at the applicable legal norms or provisions, then connecting it with the existing facts. The data were obtained through field observations, interviews, and reviewing various required documents. Analysis of the data is descriptive analysis. The results of the study indicate that the legal protection provided to correctional students is to fulfill their rights and provide good guidance according to the students’ needs. The coaching process is carried out in the correctional system and is placed specifically. The type of coaching carried out for correctional students includes mental and social skills development. The factors that hinder the legal protection include the factors of place, human resources, expertise in handling correctional students and cooperation between agencies.]]>
<![CDATA[Wanprestasi Dalam Perjanjian Kredit Perbankan Dengan Jaminan Sertifikat Tanah Ditinjau Dari Undang-Undang Nomor 4 Tahun 1996 ]]>
<![CDATA[Frengky Apolos Baneftar]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.127
<![CDATA[This study aims to examine the legal protection for creditors in the event of default in credit agreements with land certificates according to Law No. 4 of 1996 and to determine the efforts of creditors against debtors who default on credit agreements. The approach used in this research is normative juridical research (doctrinal) and empirical juridical research (non-doctrinal). Data collection techniques are literature studies and field studies in the form of interviews and observations. The results show that the creditors’ legal protection due to the debtor defaults according to Article 10 of Law Number 4 of 1996 is the previous credit agreement, an underhand or an authentic deed, which guarantees the right of creditors to recover their receivables when the debtor defaults. This authentic deed has the advantage that it can be requested for a grosse deed of debt acknowledgment which has executive power and becomes the basis for execution if the debtor is in default. Efforts that can be taken by creditors against debtors who default are amicable settlements, settlements through legal channels or through the assistance of third parties and settlement of bad loans with the assistance of third parties.]]>
<![CDATA[Penyelenggaraan Otonomi Daerah Bidang Pendidikan Berdasarkan Undang-Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah ]]>
<![CDATA[Danetta Leoni Andrea]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.128
<![CDATA[The existence of regional autonomy creates an authority relationship between the central government and the regions. In this case, the relationship between the center and the regions discussed by the author more focused on the relationship of educational authority. Given that the national education system has an important role in educating the Indonesian nation. In addition, during globalization, education is needed that is able to produce qualified human resources so that they can compete in the international world. The relationship between the central government and the regions can be seen from regional autonomy giving birth to the relationship between the central government and the regions, one of which is the relationship of educational authority which includes education management, curriculum, accreditation, educators and education staff, education licensing, and language and literature]]>
<![CDATA[Implikasi Prinsip Transfer of Undertaking Protection of Employment (TUPE) Terhadap Hak-Hak Pekerja Berstatus Perjanjian Kerja Waktu Tertentu (PKWT) ]]>
<![CDATA[Imam Buchari]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.156
<![CDATA[The purpose of this study was to determine the Principle of Transfer of Undertaking Protection of Employment (TUPE) in Indonesia’s outsourcing companies, the concept of a Specific Time Work Agreement (PKWT) in outsourcing companies and to investigate the implementation of TUPE principles on the rights of outsourcing workers with the Agreement status. In order to protect the rights of outsourced workers with the agreement status, the service provider company is obliged to include clauses on guarantees for continuity of work, guarantees for the fulfillment of workers' rights in accordance with applicable laws and regulations and guarantees for calculating the working period in the event of a change in the service provider company to set wages.]]>
<![CDATA[Kekuatan Hukum Akta Perdamaian Antara Pemegang Polis Dengan Perusahaan Asuransi Yang Dicabut Izin Usahanya ]]>
<![CDATA[Afrialdo Siagian]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.157
<![CDATA[The purpose of this study is to analyze the legal strength of the peace deed between the insurer and the insured during revocation of the insurance company's business license and to analyze the implementation of claim payments to the insured party based on the deed. Based on the current study, it can be concluded that the peace deed is acceptable as legal force even though it takes into account the good intentions of the parties. The implementation of the fulfillment of compensation for insurance claims needs to be followed by the dissolution of the legal entity and the appointment of a liquidator team as stipulated in Article 44 of the Insurance Law. The liquidator team needs to correct the good faith of the parties based on the deed. In addition, revisions are made to the provisions for revocation of business licenses accompanied by the dissolution of the insurance company legal entity and the appointment of a liquidation team by the Financial Services Authority (OJK) if it is deemed to endanger the interests of policy holders as regulated in Article 71 paragraph (3) of the Insurance Law.]]>
<![CDATA[Pemahaman Konseptual Tentang Hukum Administrasi Negara ]]>
<![CDATA[Firda Rifdani]]>
<![CDATA[ Kyadiren Vol 1 No 2 (2020): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v1i2.158
<![CDATA[This paper tries to describe several differences in terms of administration in public administration. In a broad sense, public administration is often defined as all activities of the state in carrying out its political power, while in a narrow sense, it is an executive activity in carrying out government. This difference implies that the notion of administration in public administration law is different from administration in public administration. It can be concluded that the constitutional law which lays its foundation on the rule of law will always be in contact with administrative law which implements the principle of the rule of law. Conversely, Administrative law always touch on the principle of the rule of law in the implementation of government.]]>
