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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 149 Documents
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Penyelesaian Kerugian pada Pendapatan Negara melalui Pengungkapan Ketidakbenaran (Suatu Kajian Hukum Doktrinal dalam Sistem Perpajakan) Arifki, Nindi Achid
Jurnal Suara Hukum Vol 1, No 1 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n1.p91-104

Abstract

Losses on state revenues are clauses that are explicitly stated in general provisions and taxation procedures. at the praxis level, arrangements relating to the content and limitation of loss clauses on state revenues cannot be found and expressly stated in the construction of tax law or in the realm of state financial law construction. Using the method of doctrinal legal research and by utilizing secondary data and the hermeneutic approach, this paper aims to examine the discourse of settlement of losses in state revenues through disclosure of untruthfulness in juridical construction of state financial law and regulations in the field of taxation. The conclusion obtained is that there are no strict norms that regulate the content and limits of loss clauses on state revenues, so that the discourse of settlement of losses on state revenues through disclosure of untruth can be legitimate and possible.
Optimalisasi Pengawasan pada Penerimaan Pendaftaran Merek dalam Rangka Perlindungan Merek Hediati, Febri Noor
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.p234-257

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.
Kedudukan Legal Opinion sebagai Sumber Hukum Priyono, Ery Agus; Benuf, Kornelius
Jurnal Suara Hukum Vol 2, No 1 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n1.p54-70

Abstract

Law is a means to achieve the order and welfare of the community. One of the sources of law is doctrine. The doctrine is essentially the opinion of a legal expert on a real legal issue. When discussing legal opinions, the term legal opinion is also known. Doctrine and Legal Opinion are mostly the same, namely the legal opinion of a legal expert on a real legal problem. If we agree that Doctrine and Legal Opinion are the same way in much of the literature that is mentioned as a source of law is the only doctrine, whereas where is legal opinion placed in the formation of a law? This paper will explain the position of Legal opinion as a source of law.
Government’s Legal Responsibility Upon Entrepreneur’s Economic Loss Caused by the Failure in Implementing the Legislation Regarding Business Licensing and Registration S, Sujana Donandi
Jurnal Suara Hukum Vol 1, No 2 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n2.p186-198

Abstract

The Regulation of Minister of Trade No. 14 Year 2016 (Permendag 14/2016) Regarding Trading Business License (SIUP) and Company Registration ID (TDP) states that SIUP and TDP should be issued no longer than 2 working days. However, This regulation failed to be implemented by Regional Government of Kabupaten Bekasi when PT. EIM managed their SIUP and TDP in five working days. It caused economic losses for PT. EIM because they need the documents as a requirement to earn training project worthed Rp. 50.000.000. This research tried to examine the government’s responsibility upon entrepreneur’s economic loss caused by the failure in implementing the legislation regarding Business Licensing and Registration. The methodology used in this research is Normative-Empirical Legal Research. Normative-Empirical Legal Research is a research which the object including the legislation (in abstracto) and its implementation at the concrete situation. The Result showed that the economic loss gained by PT. EIM is the responsibility of Regional Government of Kabupaten Bekasi since their failure to issue SIUP and TDP on time is a tort. As result, every party committed to tort have to pay compensation. Form of the compensation consists of material and immaterial compensation. To apply the compensation, PT. EIM could follow the non-litigation and litigation procedures. 
Pemenuhan Hak Anak Korban Tindak Pidana Perdagangan Orang Ardin, Andi Jefri; Harefa, Beniharmoni
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p174-196

Abstract

One of the most important in human trafficking is the handling of victims. By normative research methods, it discusses the fulfillment of the rights of children who are vulnerable to becoming victims. There are two legal instruments in handling child as victims, there are Law Number 21 of 2007 and Law Number 35 of 2014. Based on the research, the Law Number 21 of 2007 more fulfilling than Law Number 35 of 2014. Government Regulation Number 43 of 2017 as implementing regulations for Law Number 35 of 2014 is not much different in substance from Law Number 21 of 2007. The application of the principle of the right to life and development of children also implies the state's obligation to ensure that children must have all the necessary access like social services, physical and mental health services and education.  Law Number 21 of 2007 nor Law Number 35 of 2014, not fulfilled these principles, for example regarding the education of child as victims. The law enforcement officials must pay attention to the Law Number 8 of 2010, to ensure that the defendant through confiscation of assets can fulfill the restitution for the victim’s during the investigation process.
Mewujudkan Sistem Peradilan Pidana Terpadu Melalui Case Management System (Studi di Kejaksaan Negeri Kota Bogor) Suryadi, E. Agus; Supardi, H.
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p1-25

Abstract

This legal writing motivated by the efforts made by the Bogor City State Prosecutor”s Office in order to make changes by implementing information technology innovations in handling general criminal cases, especially the handling of narcotics and psychotropic cases in order to realize good and professional governance. System, reduce abuse of power, and curb case administration from the SPDP stage to the implementation stage. The outline of this paper is to discuss the issue of implementing the Case Management System (CMS) in the data input process for handling narcotics and psychotropic crime cases at the Bogor City District Attorney”s Office in realizing an integrated criminal justice system. This research uses statutory, case, comparative, and conceptual approaches. The results showed that the data input process for handling cases of narcotics and psychotropic crimes was in accordance with the SOP, the application of an integrated case handling system in the Information Technology Integrated Case Management System (SPPT-TI) so that it could increase efficiency and effectiveness in case handling. However, there are still obstacles that were face, namely the lack of operator personnel and a lack of understanding of the application of the use of the Case Management System (CMS), but with these obstacles, training on CMS data entry conducted.
Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19 Widodo, Hananto; Disantara, Fradhana Putra
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p197-226

Abstract

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill
Urgensi Percepatan Pengesahan Rancangan Undang-Undang Penghapusan Kekerasan Seksual Hardianti, Firda Yanis; Efendi, Reno; Lestari, Putri Diah; Puspoayu, Elisabeth Septin
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p26-52

Abstract

According to the Annual Report of the National Commission on Anti-Violence Against Women, cases of sexual violence continue to increase each year. The data shows that Indonesia needs regulations that protect victims of sexual violence. So far there has been no legislation that accommodates the whole of crimes and sexual violence resulting in a vacancy and uncertainness of the law. Indonesia needs laws that can complement its special nature governing and carrying out all forms of sexual violence (lex specialis propensionem sexualem identitatemque). So the existence of laws specifically governing sexual violence is critical to providing guaranteed protection and legal certainty for victims of sexual violence in a more perfect range. The withdrawal of the MCC Bill from Prolegnas is clearly not the answer to the growing problem of sexual violence. So by conducting this research will be a clue to the urgency of the Sexual Violence Elimination Bill which encourages the certainty of legalization. This research conducted by library review method which will produce a research analysis of the impact that will occur due to the delay in the ratification of the MCC Bill with the enactment of the Criminal Law Bill (RKUHP) as it is currently.
Implementasi Pengelolaan Kualitas Dan Pengendalian Pencemaran Air Di Home Industry Krupuk Desa Kenanga Sindang Indramayu Nurwahyuni, Nurwahyuni
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p115-142

Abstract

The impact of modernization in the industrial sector has the potential to produce waste as residual products that can pollute the environment, damage and / or endanger health and the environment. Actualization of these threats is contrary to the ecologically Sustainable Development Principle which requires preservation of functions and controlling environmental pollution and damage. The disposal of waste from the production of krupuk Home Industry in Kenanga Village, Sindang Subdistrict, is channeled into a river which is a source of water for the community, causing river pollution. This research is a normative juridical research, based on normative analysis, legal science approach. Primary data as the main data is obtained from various legal materials related to research, supported also by secondary and tertiary data as additional data. The results showed that the implementation of Indramayu Regency Regional Regulation Number 9 of 2012 concerning Water Quality Management and Water Pollution Control, has not been implemented properly. This is evident from the existence of river pollution which is the source of water in Kenanga Village, Sindang Subdistrict, Indramayu Regency, which can no longer be used for people's daily lives due to the waste of krupuk production. The legal responsibility of cracker producers in the management of production waste as stipulated in Article 28 of Indramayu Regency Regulation Number 9 of 2012 concerning Water Quality Management and Water Pollution Control, which is subject to administrative sanctions in the form of a written warning, is deemed not to have a deterrent effect
Dampak Keterlambatan Pemberitahuan Pengambilalihan Saham Perusahaan Terhadap Larangan Praktik Monopoli Dan Persaingan Usaha Tidak Sehat Nasrulloh, Moch Dzulyadain
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p143-173

Abstract

A company acquisition is a legal act performed by a legal entity or an individual to take over the company's shares by buying shares or part or all of the company's assets. Acquisition provisions are regulated in Law Number 40 of 2007 concerning Companies and Government Regulation Number 27 of 1998. One of the legal problems in the acquisition of a company is the delay in reporting the acquisition of shares in need. This study aims to analyze the share acquisition mechanism according to Law Number 40 of 2007, Law Number 5 of 1999 and Government Regulation Number 57 of 2010 as well as the legal provisions on the delay in reporting of share takeover faced by PT. Plaza Indonesia Realty, Tbk, which acquired PT. Citra Asri Property. The method used in this research is normative juridical. Data collection techniques in research using literature study with data sources of primary legal materials and secondary legal materials. The result of this research is that in the takeover of PT. Citra Asri Properti has caused several legal consequences, namely: legal consequences for shareholders, legal consequences for employees and legal consequences for the company's organs. This legal effect only affects the shares that are transferred from the old owner to the new owner and the rest remains valid as before. Due to the late reporting violation of the share takeover of PT. Indo Plaza Indonesia Reality, Tbk as stipulated in the applicable fines in Article 6 of Government Regulation Number 57 of 2010

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