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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270 Documents
<![CDATA[Peran Kepolisian Dalam Meminimalisir Penyalahgunaan Narkoba di Lingkungan Pelajar ]]>
<![CDATA[Halima Hamzah]]>
<![CDATA[ Kyadiren Vol 3 No 2 (2022): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v3i2.153
<![CDATA[This study aims to analyze the role of the police in tackling narcotics abuse by students in Biak Numfor Regency and the inhibiting factors in tackling narcotics abuse by students. The approach in this study was empirical juridical approach. The results showed that the Biak’s Regional Police as a law enforcement agency in preventing and eradicating narcotics crimes among students can be seen from the performance of its staff who actively collaborate with other agencies and the community in breaking the chain of narcotics circulation. Biak’s Regional Police took steps to prevent and eradicate this drug crime, namely non-penal and penal efforts. The police are maximizing non-penal efforts, namely pre-emptive and preventive actions, because these efforts are more effective. Inhibiting factors are internal and external barriers. Internal obstacles emerge when conducting open raids, frequent leakage of operational targets for raids and the lack of operational funds. External obstacles are caused by the absence of support/cooperation from the local community]]>
<![CDATA[Wewenang Hakim Melakukan Pembatalan Pada Akta Notaris Sebagai Alat Bukti Dalam Persidangan ]]>
<![CDATA[Ramdlon Mahuraden Tuakia]]>
<![CDATA[ Kyadiren Vol 3 No 2 (2022): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v3i2.154
<![CDATA[The study is aimed at examining the purpose of the judge in canceling the notarial deed at the trial where the deed becomes evidence. The external, formal and material power adheres to the deed as a proof. The strength of the deed under hand has no legal force. Interested parties can apply for cancellation if they do not want the deed from a notary through filing a lawsuit. Notaries who do not comply and commit violations in making the deed will be dealt with in accordance with the applicable code of ethics and may be subject to dismissal.]]>
<![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.]]>
<![CDATA[Harmonisasi dalam Proses Pembentukan Peraturan Daerah di Indonesia ]]>
<![CDATA[Felani Ahmad Cerdas]]>;
<![CDATA[Ali Abdurahman]]>;
<![CDATA[Indra Perwira]]>
<![CDATA[ Kyadiren Vol 4 No 1 (2022): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v4i1.149
<![CDATA[The regional authority to regulate their household affairs through Regional Regulations (Perda) raises its own problems when it is associated with harmonization of the higher laws and regulations that are parallel and often even contradict the laws. This is often an obstacle in national development within the framework of the unitary state, the weak supervision of the central government in the process of forming a regional regulation is an indicator of overlap between regional and central regulations. Factors causing legal disharmony in the formation of regional regulations can derive from internal and external institutions forming regional regulations, as the countermeasures can be carried out internally and externally. These countermeasures are the responsibility of all levels of state government, both by the provincial central government, so that the purpose of establishing good and correct regional regulations in accordance with laws and regulations and the needs of local communities can be implemented.]]>
<![CDATA[Peranan Pemerintah Daerah dalam Melakukan Pengawasan Tenaga Kerja Asing ]]>
<![CDATA[Johanes O. Amboki]]>
<![CDATA[ Kyadiren Vol 4 No 1 (2022): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v4i1.159
<![CDATA[The current study is aimed to investigate the role of local governments, especially The Legal Department in evaluating and supervising foreign workers. This supervision is important because foreign workers who do not have official permits and documents can have an impact on the region. In this study, it is described that regional supervision has not been fully provided. This is due to the provisions of Law No. 23/2014 concerning Regional Government and The Minister of Manpower No. 10/2018 concerning Procedures for the Use of Foreign Workers which does not fully regulate the involvement of local governments in supervising foreign workers]]>
<![CDATA[Implementasi E-Court dalam Proses Beracara di Pengadilan ]]>
<![CDATA[Jane Shirley Wambrauw]]>
<![CDATA[ Kyadiren Vol 4 No 1 (2022): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v4i1.160
<![CDATA[This study aims to examine how e-Court is applied in a judicial environment based on Supreme Court Regulation (Perma) No. 1 of 2019. This research applies an empirical juridical approach. The results showed that the implementation of e-Court specifically at Biak’s District Court was applied only to the e-Payment process. Apart from that, Biak’s District Court has not maximally implemented this e-Court application, due to the letter of the Secretary of the Supreme Court No. 630/SEK/SK/VII/2019 which explains that the court appointed as a pilot in implementing e-Court in the judicial environment. In addition, to support the good implementation of e-Court, human resources who understand digital literacy are needed to realize fast and low-cost justice.]]>
<![CDATA[Peran Kepolisian dalam Menanggulangi Penyebaran Berita Bohong (Hoax) ]]>
<![CDATA[Kalvin Koyomi Rumbewas]]>
<![CDATA[ Kyadiren Vol 4 No 1 (2022): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v4i1.161
<![CDATA[This study aims to examine the role of Biak’s Resort Police in tackling the spread of fake news (hoax) and examine the various obstacles faced in tackling the spread of the hoax. This research was empirical juridical research. The results showed that Biak’s Resort Police had made efforts in the form of penal and non-penal in tackling fake news (hoax). The penal effort is implemented through law enforcement for people who clearly have spread the hoax. The non-penal efforts include counseling and providing understanding regarding the dangers of hoax. In addition, Various factors hinder law enforcement by officials in eliminating hoax, namely factors such as punishment, facilities, law enforcement and community culture.]]>
