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INDONESIA
Jurnal Suara Hukum
Published by Universitas Negeri Surabaya
ISSN : 2656534X     EISSN : 26565358     DOI : 10.26740
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Suara Hukum memiliki standar untuk perilaku etis yang diharapkan oleh semua pihak yang terlibat dalam tindakan penerbitan: penulis, editor jurnal, peer reviewer dan penerbit. Jurnal Suara Hukum adalah jurnal peer-review, diterbitkan dua kali setahun di bulan Maret dan September oleh Departemen Hukum, Universitas Negeri Surabaya. Jurnal suara hukum telah memiliki akun Google scholar dengan tautan https://scholar.google.com/citations?hl=en&authuser=1&user=clJJoeIAAAAJ Jurnal Suara Hukum saat ini berstatus belum terakreditasi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 2 No. 2 (2020)" : 5 Documents clear
Diskresi Kepolisian Diluar Pengadilan dalam Rangka Penyelesaian Perkara Pencurian oleh Anak dalam Keluarga Dody Hendra Hendra
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p134-153

Abstract

  Constitution of the Republic Indonesia 1945 states that Indonesia is a state of law. It is affirmed that the Republic of Indonesia is based on law (rechstaat), not for power merely (machtstaat). Children are the next generation of the nation that must be protected by their rights, so that if there is a criminal act involving children, it should not end in a prison sentence but can be settled in a certain way outside the court. Based on the consideration, the author disscuses this journal with the title "Discretion of Police outside the Court in the settlement of theft cases by children in the family". The problem of the study is about how the application and effectiveness of Police Discretion outside the Court in resolving theft cases by children in the family. In this research, the authors used legal research with an empirical juridical approach by using primary data sources obtained from interviews with National Police investigators and secondary data sources obtained by searching literature such as laws, books and legal dictionaries. The research method used isqualitative data analysis to obtain descriptive analytical data from the sources of data obtained. The conclusion is that there is no regulation which becomes the legal basis for the National Police to settle criminal cases by applying Restorative Justice approaches, especially in the crime of theft committed by child.           Keywords: Discretion, Court, Police, Theft, child
Analisis Perbuatan Melawan Hukum dalam Perjanjian Konsesi Pelabuhan (Studi Kasus: Putusan Pengadilan Negeri Jakarta Utara Nomor 70/Pdt.G/2018/Pn.Jkt Utr) Jeffry P Samosir
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p105-133

Abstract

Acts against the law have a wider scope than criminal acts. Provisions regarding acts against the law are regulated in Article 1365 of the Civil Code which states "every act against the law that brings harm to others, obliges the person because of the mistake of issuing the loss, compensating the loss". In the North Jakarta District Court Decision Number 70/Pdt.G/2018/Pn.Jkt Utr) "The judge stated that PT. Karya Citra Nusantara and the Ministry of Transportation have committed acts against the law to PT. Kawasan Berikat Nusantara by entering into a concession agreement Number HK.107/1/9 KSOP.Mrd-16 Number 001 / KCN KSOP/ Concession/XI/2016 concerning Exploitation of Port Services at the PT Karya Citra Nusantara Public Terminal in Marunda Port. There are three problem formulations in this study including; (1) What is the legal provisions for the port concession agreement in Indonesia? (2) Is the North Jakarta District Court Decision in accordance with the provisions of the law in force in Indonesia? (3) What is the legal effect of the investment made by investors against PT. Karya Citra Nusantara based on the North Jakarta District Court Decision? Based on the three formulation of the problem, the writer conducts an analysis of unlawful acts in the concession agreement based on the decision of the North Jakarta District Court Number 70/Pdt.G/2018/Pn.Jkt Utr". This study uses a type of legal/juridical research approachKeyword: Act against the law, Agreement Concession, Decision, Investment, Company
Pajak Daerah dan Restribusi Daerah (PDRD) Dikaitkan dengan Pertumbuhan Investasi Fernando Hariandja
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p154-183

Abstract

Tax has a very important role in the life of the country, especially in the implementation of development. Tax revenue is the payment of contributions by the people to the government that are regulated in the law without direct compensation. As is the case with central government taxes, Regional Taxes have an important role in implementing state/government functions, both in the functions of regulation, budgeting, redistributive, and allocation of resources and a combination of the four. A good local tax in principle must provide adequate income for regions with the level of fiscal autonomy they have. Some regions do accommodate the function of revenue and regulation in the formulation of Regional Tax policies. The step that has not been widely considered by the regions is the provision of Regional Tax incentives to attract investment in the regions. In the current era of regional autonomy, regions are given greater authority to regulate and manage their own households. The aim is to bring government services closer to the community. Anyway, President Joko Widodo often complained about the small value of investment coming into Indonesia, one of which is caused by the irrationality of the Regional Tax rates in the eyes of investors. This paper analyzes what policies the government has taken towards PDRD, which are considered to have many of these problems to increase investment growth in Indonesia. To overcome this, the government has made several efforts, one of which is to establish the Omnibus Law. However, the formation of the Omnibus Law itself actually unwittingly has the potential to erode the regional authority to look for sources of locally-generated revenue (PAD). If PAD is reduced, automatically the level of regional dependence on funds from the central government will be even greater, and if PAD is low, then the level of local government public service to the community is also feared to be reduced.
Insentif Pajak terhadap Sumbangan Covid-19 dari Perspektif Relasi Hukum Pajak Indonesia dengan Hak Asasi Manusia Muhammad Syukur
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p184-214

Abstract

The Covid-19 pandemic is a transnational threat that requires a global response, but the outbreak has laid bare divergent national approaches to exposed broader structural weaknesses in the governance system. The challenges of governance of the state amidst the Covid-19 pandemic is not only on the public health approach but also must face the risk of economic recession. In the present report, the government of the Republic of Indonesia has taken anticipation steps to prevent and overcome Covid-19 through legislation which is then implemented to the public. The focus of this paper is to review how the Republic of Indonesia maintains national economic resilience using the Indonesian tax law approach. Income tax is part of tax classification in Indonesia has rights and obligations attached to the state as well as taxpayers. With using the doctrinal legal research method, this papers analyzes the perspective of the Republic of Indonesia's tax laws on opportunities for corporate taxpayers to get incentives in their income tax, on the grounds that they have contributed to the need to overcome the pandemic Covid-19 and explained the relationship between human rights and taxes on the case. As the papers make clear, the tax revenue paradigm is considered important because it impacts on economic security and national development. The government must be careful in carrying out taxation policies by considering the economic conditions of democracy, globalization, and the synergy of the center and the regions as long as the Covid-19 pandemic continues. Human rights and taxes are related to the realization of the right to the social-economic and social justice in society because Indonesia taxes has rights and obligations attached to the state as well as taxpayers. Keywords:       Covid-19 donations, tax incentive, human rights.
Optimalisasi Pengawasan pada Penerimaan Pendaftaran Merek dalam Rangka Perlindungan Merek FEBRI NOOR HEDIATI
Jurnal Suara Hukum Vol. 2 No. 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The writing of this law examines the supervision of the Directorate General of Intellectual Property of the Ministry of Law and Human Rights in the process of receiving trademark registration which is still weak. So that until now there are still identical or counterfeit brands that have passed trademark registration in Indonesia. This paper uses a normative juridical research method that is descriptive-analytical. The result of this research is that there are still gaps that can be exploited by individuals in the process of trademark registration, especially in the process of announcing the official brand news. This paper concludes the need for tighter supervision by utilizing information technology, therefore creating a smartphone application is useful for the trademark registration process and as a medium of communication. The application can also provide notifications when brands validity period ends.

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