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Fairness and Justice: Jurnal Ilmiah Ilmu Hukum
Published by Universitas Muhammadiyah Jember
ISSN : 18580106     EISSN : 25023926     DOI : http://dx.doi.org/10.32528/faj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Fairness and Justice : Jurnal Ilmiah Ilmu Hukum pertama kali diterbitkan pada tahun 2005 oleh Fakultas Hukum Universitas Muhammadiyah Jember dalam bentuk cetak. Jurnal Ilmiah ilmu Hukum memuat artikel hasil penelitian dibidang ilmu Hukum yang dilakukan oleh dosen maupun mahasiswa dari dalam maupun luar Universitas Muhammadiyah Jember, yang diterbitkan secara berkala pada bulan Mei dan November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
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Search results for , issue "Vol 18, No 2 (2020): FAIRNESS AND JUSTICE" : 9 Documents clear
POLITIK HUKUM AGRARIA DALAM PENYELESAIAN GANTI RUGI PENGADAAN TANAH UNTUK KEPENTINGAN UMUM Kristianingsih Kristianingsih; Litari Elisa Putri; Nurfauziah Astiqmalia
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6540

Abstract

Land has social, economic and political characteristics for individual interests and public interests that are utilized by all Indonesia people. In the era of development that is increasingly developing at this time land is needed in the interests of development so as to create prosperity for the wider community. Land acquisition efforts undertaken by the state to be utilized and used in the public interest in principle contain respect for the legal right to land to obtain compensation. The purpose of the birth of the Land Acquisition Law is one of the principles of justice for holders of rights entitled to land. Normative constraints that arise in the practice of providing compensation for those entitled to land acquisition. In the political structure of agrarian law, the legal certainty of land rights is determined by the registration of land, but there are still conflicts over land ownership disputes against entitled land, especially minority communities that ultimately in land acquisition do not receive compensation. This study takes two studies, namely one, how is the settlement of compensation in land acquisition for public use? 2. What is the agrarian legal policy for those entitled to compensation for land acquisition? Politics of Agrarian law in the settlement of land acquisition compensation which states that land rights controlled by the State are fully used for the prosperity and welfare of the community and so that land used for public purposes must be surrendered by the government for development in the public interest with respect for proper compensation compensation against the rightful owner, which in this case is not only given to the owner of the land certificate but also the owner who is physically in possession of good faith and has been handed down as the land registration system in Indonesia.
Implikasi Politik Hukum Dalam Pembentukan Uu No. 13 Tahun 2003 Terhadap Perlindungan Buruh Dalam PKWT Muhammad Bram Glasmacher
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6533

Abstract

Basically social protection is a labor protection which aims to ensure that workers / laborers are valued for their dignity and status as human beings, not only as a factor of production (external factors, but are treated as humans with all their dignity and values (internal or constitutive factors). Law in the Formation of Law No. 13 of 2003. This research study uses a research method with a normative juridical approach with data collection techniques in the form of library research.Political Politics in Lawmaking No. 13 of 2003 is influenced by the spirit of reform to better provide protection for workers / workers after the "dark era" in the new order, and because of the problems of era labor, it has to do with the economic problems in a country, especially in Indonesia, which is a developing country, which in the process of making this law is closely linked to economic politics.clear from the implications for PKWT workers. Where this is still a pros and cons. However, this is like a double-edged knife. In terms of politics clearly this can reduce unemployment but also the number of Workers / Workers who do not understand the protection they should get. Weak understanding of the public, especially employees in private companies of labor regulations, is very likely to create injustices and legal violations that are legalized and last for a long period of time or may even last forever, even though in terms of the Manpower Act, sanctions are imposed on companies and / or individuals who violate the Law are severely punished
Kajian Yuridis mengenai Sengketa Wilayah antara China dan Indonesia di Perairan Natuna Nofri Savira Putri
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6544

Abstract

Natuna Regency which is located in the Riau Island Province, is one of the region that has the potential of coastal and marine resources which are very potential to be developed. From that potential, illegal fishing and other violations conducted by foreign ships often happen in these water. One of them happened on January 1, 2020, China refuses the accusation of Indonesia for its fishing ships illegally entering Natuna Water. China claims that it has sovereignty in the South China Sea region closed to the Natuna Water. Whereas, the act of fishing is an act of theft that violates Indonesia's sovereign right over marine natural resources in the Indonesian Exclusive Economic Zone. This is based on the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 and Constitution of the Republic of Indonesia No. 45/2009 about Amendment to Constitution No. 31/2004 about Fishery.
Penerapan Pidana Korporasi pada Bank dalam Tindak Pidana Perbankan Sesuai PERMA Nomor 13 Tahun 2016 Dwi Mardianto; Irsyad Noeri; Suyadi Suyadi
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6534

Abstract

Corporate Crime in the banking sector in particular there is not a single law related to banking regulating how to penalize banking corporations, but with the presence of Law Number 21 of 2011 concerning Financial Services Authority and Supreme Court Regulation Number 13 of 2016 concerning Procedures Handling of Criminal Cases by Corporations is a way out of the legal vacuum because even though the Supreme Court Regulation is an internal provision that binds the Judge as the court decision-maker, the decision is binding on the public.
PERANAN POLITIK HUKUM DALAM PEMBENTUKAN UNDANG-UNDANG NOMOR 18 TAHUN 2019 TENTANG PESANTREN Nisan Rolan Wijaya; Tangkas Hadi Perwira; Rahman Syawal Rusman
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6541

Abstract

Political of Law covers the creation and implementation of the law to be built and enforced. Legal politics are found in the process of political decision making. Political decisions relating to basic principles, other policies and regulations include the field of religious education. Nevertheless, legal politics is a means used by the state to create a national legal system, where the legal system is expected to realizing the ideals of the nation that is contained in the Constitution of the year 1945 where One is to educate the life of the nation, including this is the legal politics of the establishment of law on Pesantren. The legal determination of the Pesantren has a strong philosophical, sociological and juridical policy that can be accounted for, it proves that the Pesantren has grown and developed in the community in an effort to improve Faith and Piety and Akhlakul Karimah with his trademark has been instrumental in realizing Islam to be a blessing for all nature, which proved to have a concrete role in the struggle to realize the independent Indonesia and participate in National development of the Republic of Indonesia.
Kajian Normatif Penanganan Pengungsi Dan Pencari Suaka berdasarkan Peraturan Presiden No. 125 Tahun 2016 dan Konvensi 1951 tentang Status Pengungsi Muh Fanny Chamdani; Himuyatul Hasanah
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6535

Abstract

This study aims to obtain a description of Refugee Handling from Abroad in accordance with Presidential Regulation No. 125 of 2016 concerning Handling of Refugees from Abroad. As a country that recognizes, respects and upholds human rights, Indonesia therefore recognizes and respects the right to security from refugees and asylum seekers. Therefore the government of the Republic of Indonesia made regulations regarding the legal protection of refugees and asylum seekers.
POLITIK HUKUM PENGATURAN KEUANGAN PARTAI POLITIK DI INDONESIA Ratna Kartika Indraswari; Martina Fina
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6545

Abstract

This study aim to analyse the three problems related to political party financial matter. First, how does the statutory regulates the political party finance in Indonesia? Second, what issues must be regulated in statutory regarding political party finance. Third, what is the ideal model for political party finance regulation for Indonesia?This research is a socio-legal research. In addition to examined the statutory regarding political party, the researcher also examined the legislation proccess transcript related to the statutory. In other words, the researcher sought to explore the background of the statutory provision formulation during its legislation process.  Based on research variation according to F. Sugeng Istanto, this research may be categorised as literature research on the content of statutory law and applied law, qualitative and prescriptive. In this research, the statutory-approach used to understand the UU No. 2 Tahun 2011; historical-approach used to understand the legislation proccess transcript related to the statutory; comparative-approach used to understand the political parties financial regulations in Germany and the United States; while conceptual-approach used to understand the concept of popular sovereignty, representative democracy, freedom of assembly, political parties concept, the concept of political party accountability and transparency, the anatomy of political party law, and the politics of law concerning political party financial regulation. The data used in this research are secondary data such as statutory text, legislation proccess transcript, books, journals, articles, scripts from the internet, and dictionaries.From the analysis, thre researcher concludes that: First, the political party financial regulation in Indonesia adopted a permissive model, in which, there are very high freedom for political parties, very loose demands of financial transparency and accountability, weak public supervision and obscure sanctions; Second, the law must regulate the mechanism of public funding for political party, obligations to reveal to source and amount of donations, standards for financial reports, obligation to submit financial statements periodically to supervisory agendies, obligation related the periodically financial audit by external professional auditors, donations cap, prohibitions of certain donations source, sanctions for violations. Third, the ideal political party finance regulation model for Indonesia is by combining the demands of transparency, demands of periodically financial audit by external professional auditors, ban on foreign source donations and non taxable entities source donations, reasonable restriction on nominal donation per person per year, enforcement of Election Commission and Election Supervisory Board through strong authorization to supervise and to impose severe administrative sanctions, the public funding given as a partial reimbursement for the previous year operating cost provided that the party has complied the financial transparency and accountability obligations. 
POLITIK HUKUM IMPLEMENTASI KESADARAN BELA NEGARA SUMBER DAYA MANUSIA DALAM MENJAGA PERTAHANAN DAN KEUTUHAN NKRI BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2019 TENTANG PENGELEOLAAN SUMBER DAYA NASIONAL UNTUK PERTAHANAN NEGARA Hasbullah Alimuddin Hakim; Alexander Pane; Wahyu Dwi Erlangga
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6537

Abstract

This writing discusses the defense of the state is an attitude and act of awareness of citizens based on a sense of patriotism, national and state awareness, Pancasila beliefs as an ideology of the nation, willingness to sacrifice to face any threats, challenges, obstacles and disturbances both coming from within and  from outside which endangers the survival of the nation and the State, the integrity of the Unitary Republic of Indonesia, national jurisdiction and the noble values of the Pancasila and the 1945 Constitution. This legal research uses prioritizing the literature and legal document approach as well as materials from various secondary data that reviews the regulations.  regulations, opinions of legal experts, books, papers, journals, legal materials from intermet and others relating to legal issues concerning the Political Law of the Implementation of Defending State Awareness in Maintaining Defense and Integrity of the Republic of Indonesia based on Law Number 23 of 2019 concerning Management of Resources  National Power for Pert  State Services This research results that the Legal Political Construction Implementation of state defense through Human Resources is divided into two periods namely the Reformation Period and the Post-Reformation Period and the Implementation of State Defending Awareness is the right and obligation of every citizen who is certain to be able to uphold the country's sovereignty in maintaining Defense and  the integrity of the Unitary Republic of Indonesia research methods are normative juridical, namely research that is Keyword Political Law, Defending the National Defense and the Unitary Republic of Indonesia.
PROSES LEGISLASI PERUBAHAN UNDANG-UNDANG PERKOPERASIAN Ahmad Juwaini; Kristiany Parura; Dyah Ayu Pitaloka
FAIRNESS AND JUSTICE Vol 18, No 2 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i2.6532

Abstract

Cooperative as a pillar of the Indonesian economy, its position is very important for the people of Indonesia. The law (Act) governing Koperasi is Law No. 25 of 1992 concerning Cooperative. Due to the development of Indonesian society and various problems around Cooperative, it is necessary to make changes to the Cooperative Law. This research is to find out what are the changes in the Cooperative Law and how the legislative process changes the Cooperative Law after the cancellation of Law No. 17 of 2012. The results of the study show that the contents of the changes in the Cooperative Law are the status of establishment and articles of association, membership, organizational instruments, Cooperative capital, business results, business activities, supervision, merger, dissolution, empowerment of Koperasi and sanction provisions. The legislative process of the Cooperative Law by the DPR for the period 2014 - 2019 has been postponed for ratification and will be continued by the DPR for the 2019-2024 Period.

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