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Jurnal Hukum Sasana
Published by Universitas Bhayangkara Jakarta Raya
ISSN : 24610453     EISSN : 27223779     DOI : https://doi.org/10.31599/sasana
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Sasana adalah sebuah publikasi ilmiah yang dikelola oleh Prodi Magister Ilmu Hukum Fakultas Hukum Universitas Bhayangkara Jakarta Raya. Jurnal ini memuat tulisan-tulisan hasil riset, analisa yuridis terhadap sebuah produk perundang-undangan atau kasus hukum, dan studi literatur di bidang hukum. Topik yang paling dominan diperbincangkan dalam jurnal ini adalah isu sektor hukum dan keamanan, negara hukum, demokrasi, reformasi hukum, keadilan sosial, pemerintahan yang baik (good governance), dst.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 288 Documents
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Akibat Hukum Terhadap Tidak Dilakukan Penghapusan (Roya) Jaminan Fidusia Setelah Kredit Lunas Ni Putu Sawitri Nandari; Dewa Krisna Prasada; Kadek Julia Mahadewi; Tania Novelin; Dewa Ayu Putri Sukadana
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1350

Abstract

Legal obligation is an action that must be done by someone. Every action taken is a form of a sense of responsibility for the problems that are happening, be it legally or morally. Therefore, obligations will always be attached to human life in carrying out social activities. Rules regarding the obligation for fiduciary recipients to carry out fiduciary write-offs (roya) if the agreed debt has been paid off, but it is also necessary to know about the legal consequences if the obligation to write-off (roya) fiduciary guarantees is not carried out, it can result in losses for the fiduciary giver. In this case the problem arises "What are the legal consequences for not carrying out the elimination of (roya) fiduciary guarantees after the credit is paid off. The research method used is a juridical-normative type of research that places law as a system of norms in studying and analyzing the legal consequences of not eliminating (roya) fiduciary guarantees. The type of approach used is the statutory regulation approach and the legal concept analysis approach. The results of the discussion review related to the legal consequences of not carrying out the elimination (roya) of fiduciary guarantees found no strict rules regarding this matter, both in Law no. 42 of 1999, PP no. 21 of 2015, Permenkumham No. 9 of 2013, and Permenkumham No. 10 of 2013, because the things that are regulated are still limited to the obligation to remove (roya) fiduciary guarantees, so there is no threat of punishment or legal sanctions for violators. Meanwhile, legal remedies that can be taken by fiduciary providers who suffer losses due to the actions of fiduciary recipients who are negligent in carrying out the fiduciary guarantee elimination (roya) are by filing a lawsuit against the law (PMH).
Implementasi Pemenuhan Hak Asasi Manusia Dalam Penerapan Deportasi Orang Asing di Wilayah Kerja Kantor Imigrasi Kelas III Non TPI Pamekasan Indar Rohma Nurbaya; M. Syaprin Zahidi
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1351

Abstract

This article was created to find out about the implementation of Immigration Administrative Actions by the Class III Pamekasan Immigration Office in the form of deportation in accordance with legal regulations and human rights principles. Deportation is an act of forcing foreigners to leave Indonesian territory. Even with coercive measures, the deportation procedure must be in accordance with regulations and must not violate human rights. The author uses a qualitative descriptive method in this study. The final results in this study indicate that the implementation of Immigration Administrative Actions (TAK) has been carried out without harming human values and still prioritizing rules, based on Law no. 6 of 2011 concerning Immigration and Law of the Republic of Indonesia no. 39 concerning Human Rights.
Perlindungan Hukum Pemegang Hak Cipta Terhadap Pembajakan Potongan Film Pada Aplikasi Tiktok I Gusti Ayu Eviani Yuliantari; I Gede Agus Kurniawan; Ni Putu Dian Puspita Dewi
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1352

Abstract

Film piracy has now penetrated into the TikTok application. The need for protection of copyright holders against acts of copyright infringement, especially film piracy. This explanation creates a formulation of the problem, namely how to regulate the law regarding film piracy in the laws and regulations in Indonesia and how is the legal protection of copyright holders against piracy of film clips on the TikTok application. This writing uses a type of normative research with statutory research approaches and conceptual research approaches. This writing relates to the principle of protection, the principle of legal certainty, and the principle of lex specialis derogate legi generalis. In addition to using the theory of legal protection and theory of intellectual property rights. The results of this study are that the regulations governing film piracy are contained in the Copyright Law and the Film Law, however, piracy of film clips on the TikTok application uses the Copyright Law. Compared to the Film Act which only regulates film piracy on films without passing censorship. The form of protection for copyright holders is included in the film on the TikTok application in the form of preventive and repressive protection.
Penyanderaan (Gijzeling) Sebagai Upaya Penagihan Pajak Dengan Surat Paksa Menurut Peraturan Perundang-undangan Budi Budaya; Hotma P. Sibuea; Noviriska
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1353

Abstract

This research discusses the delegation of authority to grant hostage-taking permission (gijzeling) from the Minister of Finance of the Republic of Indonesia to the Director General of Taxes as seen from the Law of the Republic of Indonesia Number 30 of 2014 on State Administration. This study aims to determine whether granting a hostage-taking permit (gijzeling) can be delegated from the Minister of Finance to the Director General of Taxes. The research method used is the juridical-normative method, namely research that emphasizes the science of law and conducts an inventory of positive law relating to implementing laws and regulations. From this research, it was found that the granting of hostage warrant permits from the Minister of Finance of the Republic of Indonesia can be delegated to the Director General of Taxes. The method of delegation of authority is by the delegation of authority.
Pertanggungjawaban Wali Dalam Menjalankan Kekuasaan Terhadap Harta Anak Di Bawah Umur Setelah Berakhirnya Perwalian Kartika Gusmawati; Esther Masri; Otih Handayani
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1354

Abstract

A guardian is a person who is given the authority to carry out a legal act in order to protect the interests of a child who does not have both parents or both parents are incapable of carrying out legal actions. The guardian's responsibility for the person and property of the child under his guardianship until the child is an adult and capable of performing legal actions. The research method that the author uses is normative juridical, namely library research by examining laws and regulations related to legal problems or issues being faced. The results of the author's research that children's assets under guardianship are in the form of permanent objects such as land and buildings and the ownership of land rights is still in the name of the guardian, so when the trust ends or the child is declared an adult the guardian is obliged and responsible for handing over all of the child's assets by transferring rights in the form of grants which must be made a grant deed before the Land Deed Making Officer (PPAT) through the correct legal procedures. Then, the recipient of the grant must arrange the process of transferring land rights to the office of the National Land Agency so that the status of the grant becomes his property.
Kewenangan Pemerintah Kabupaten/Kota Dalam Menyelenggarakan Pelayanan Publik Guna Meningkatkan Pemenuhan Kebutuhan Layanan Masyarakat Andika Dwi Yuliardi; Maharani Nurdin
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1355

Abstract

The granting of regional autonomy in public services can realize equal distribution of rights received by the entire community and as a form of responsibility for local governments. For this reason, the government delegates its authority to the regions (provinces, districts and cities). However, there are still monotonous public services with snaking service queues and inadequate facilities, this indicates a lack of local government governance. The problem in this research is how to regulate and apply the authority of district/city governments in providing public services and what are the driving factors for district/city governments in providing public services so that community service needs can be met. The method in this study uses a normative juridical research type, namely research that focuses on studying the application of norms or rules in positive law. The results of the study indicate that the implementation of public services must be emphasized on a number of aspects, including: speed; accuracy; convenience; and justice. Therefore, a full contribution from the district/city government is needed so that public services can run well so that the rights of all people can be guaranteed.
Analisis Penegakan Hukum Terhadap Aksi Pelecehan Seksual Non Fisik di Indonesia Ani Purwati; Rahmiati; Rahmad Sujud Hidayat3; Martinus Tanga Lero
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1356

Abstract

Sexual harassment is explained as an act that leads to a sexual desire, sexual requests, words or other sexually suggestive gestures, which make people feel happy, humiliated and embarrassed, where such reactions are normal in such circumstances, and acts it interferes with work, even the requirements for applying for work are unethical. There are physical and non-physical types of sexual harassment. There are currently legal regulations in Indonesia regarding physical sexual arrangements, while non-physical regulations do not yet have regulations that regulate them. Actually, the legal umbrella for attracting non-physical sex has been accommodated in the PKS Bill, so far, the bill has not been ratified, so it cannot be enforced. The purpose of this paper is to see how law enforcement against non-physical sexual harassment acts in Indonesia. The method of normative juridical writing with a conceptual approach. From this research, it was found that Indonesia needs to criminalize sexual/intimate harassment, both physical/physical and non-physical/non-physical orientation so that there is a legal umbrella that clearly regulates this action. This is actually already a rule in the PKS (Elimination of Sexual Violence) Bill. However, until now the bill has not been ratified, so it cannot be applied in the legal practice of our country.
Jual Beli Jabatan Sebagai Area Rawan Korupsi Menggangu Reformasi Birokrasi Amalia Syauket; Kardinah Indrianna Meutia
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1357

Abstract

Pejorative language that all matters must be cash, although it is painful but very appropriate to describe the condition of public services in the era of regional autonomy which is still not optimal, including in the procurement of the State Civil Apparatus. The phenomenon of the still rampant sale and purchase of positions and trading of influence is very different from the demands and dynamics of society which lead to digitization of service administration and transparency. This gap creates opportunities for paid public services, including the appointment of high-ranking officials in government. The bureaucracy must be paid so that it runs and moves according to the wishes of the people. This all-paid condition greatly disrupts the course of bureaucratic reform which was proclaimed since 2004 with the main pillar of good & clean governance. The area for buying and selling positions is an area prone to corruption by regional heads. This study aims to find out, what causes the practice of buying and selling positions to be rampant? The results of the study show that the main cause of the rampant buying and selling of positions is because the employee selection process is carried out in a closed manner (non-meritocracy) and there is political intervention in the management of the State Civil Apparatus, for example in filling positions. family, and political relations.
Dampak Fintech Illegal dan Penegakan Hukumnya di Indonesia Martinus Ahmad; Ahmad Abdul Ghoni; Sri Wahyuni
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1358

Abstract

Fintech, short for financial technology, has brought significant changes to the way we conduct financial transactions, access financial services, and manage personal finances. However, the rapid growth of Fintech has also created opportunities for illegal practices in this sector. In this abstract, we will discuss the impact of illegal Fintech on the economic level of society. Illegal fintech refers to illegal practices carried out by companies or individuals operating in the Fintech sector without proper permits or regulation. The negative impact of illegal Fintech can be seen from several perspectives. Illegal practices within the Fintech sector can have a negative impact on the economy as a whole. This can reduce public confidence in the Fintech industry in general and hinder the growth of sectors that actually have great potential to support economic development. Illegal fintech often targets people who do not have adequate access to formal financial services. As a result, already vulnerable communities may become targets of these illegal practices and face higher risks of exploitation and fraud. To overcome the impact of illegal Fintech on the economic level of society, several actions can be taken including; The government needs to improve the regulatory framework and supervision of the Fintech sector to reduce illegal practices. Fintech companies must be granted proper licenses and closely monitored to ensure compliance with applicable regulations. Public education and awareness about the risks of illegal Fintech is very important. The public needs to be provided with sufficient information on how to identify illegal Fintech and report it to the competent authorities.
Upaya Pemenuhan Hak-Hak Keperdataan Anak Yang Lahir di Luar Perkawinan Ahmad Baihaki
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1361

Abstract

Protection of children's rights is a constitutional mandate that must be guaranteed so that children can grow and develop to become the next generation of quality nations in the future. However, in reality, in contrast to legitimate children, children born outside of marriage are often denied their civil rights. This paper aims to examine arrangements regarding protection and legal remedies that can be used in the context of fulfilling the civil rights of children outside of marriage according to Islamic law and positive law in Indonesia. This research was conducted using normative juridical research methods by collecting secondary data sources and analyzed descriptively qualitatively using conceptual, statutory, and comparative approaches. Based on the research results, although the constitution in general has provided guarantees for the protection of children's rights. However, until now there are no statutory regulations or implementing regulations that specifically regulate the civil rights of children born out of wedlock, so they do not provide legal certainty. Efforts to fulfill the civil rights of children outside of marriage to date are still encountering many obstacles, both in terms of legal structure, legal substance, and legal culture so that it is considered that maximum legal protection has not been created for guaranteeing the fulfillment of civil rights of children outside of marriage.

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