Paulus Law Journal
Paulus Law Journal (PLJ) adalah jurnal ilmiah yang diterbitkan oleh Fakultas Hukum Universitas Kristen Indonesia Paulus yang diterbitkan sebanyak 2 kali dalam setahun, yaitu bulan Maret dan September. Jurnal ini menyediakan akses terbuka dengan prinsip bahwa hasil penelitian dapat diakses oleh publik untuk mendukung kemajuan ilmu pengetahuan, khsusunya dalam bidang ilmu hukum. PLJ menjadi sarana bagi akademisi, peneliti, dan praktisi untuk mempublikasikan hasil penelitian atau artikel ulasan. Ruang lingkup artikel yang diterbitkan dalam jurnal ini berkaitan dengan berbagai topik dalam ilmu hukum, yaitu Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Adat, Hukum Lingkungan, Hukum Islam, dan bagian lain terkait masalah kontemporer dalam hukum.
Articles
124 Documents
PERSIDANGAN ELEKTRONIK (E-LITIGASI) PADA PERADILAN TATA USAHA NEGARA
Agus Salim;
Elfran Bima Muttaqin
Paulus Law Journal Vol 2 No 1 (2020): September 2020
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i1.150
The State Administrative Judicial as the executor of judicial power has a duty and authority to examine, decide, and resolve State Administrative disputes. Along with tecnological development, judicial practices within the scope of the Indonesian Supreme Court hal implemented the ecourt application. The aims of this study is to analyze policies regarding the implementation of Electronic Litigation in the State Administrative Judicial, as well as to find the obstacles encountered. This study uses a normative method with a statute approach, that is Act 5 in 1986 concerning State Administrative Judicial and its amendment, and Supreme Court Regulation Number 1 of 2019 concerning Administration of Cases and Trials in Court Electonically. The result of the study show that the application of Electronic Litigation at State Administrative Judicial is carried out comprehensively, that is from the registration stage until reading of judicial decisions. The obstacles that still being faced are related to the stage of evidence which in practice still requires a conventional trial, and the limited access to the internet network in several regions in Indonesia.
PERLINDUNGAN PULAU-PULAU TERLUAR INDONESIA BERDASARKAN KONSEP NEGARA KEPULAUAN
Yeheschiel Bartin Marewa;
Edgar Michael Parinussa
Paulus Law Journal Vol 2 No 1 (2020): September 2020
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i1.151
The Unitary State of the Republic of Indonesia is an archipelagic country with the largest number of islands in the world and has abundant wealth, including those contained in the outer islands. However, it turns out that the Indonesian government has not fully empowered and managed the outer islands optimally. This study aims to analyze the protection of Indonesia's outer islands based on the concept of an archipelago state.The results show that the existence of the outer islands in Indonesia has received international recognition based on the United Nations Convention on The Law of the Sea 1982 through the use of archipelago baseline. Protection of the outer islands is carried out in the form of state policies through statutory regulations and any management actions.
KONSEP PERADILAN SENGKETA PEMILIHAN KEPALA DAERAH
Andi Arfan Sahabuddin
Paulus Law Journal Vol 2 No 1 (2020): September 2020
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i1.152
In the Decision of the Constitutional Court of the Republic of Indonesia Number 97/PUU/2013, it is stated that the handling of The Regional Election disputes is no longer be the authority of the Constitutional Court. This raises a consequences, the Regional Election disputes wil be handled through the Special Judiciary. This study aims to analyze the concept of Regional Election disputes court. This study uses a normative method with statute approach. The result of this study shows that the formation of a Special Judiciary to handle the Regional Election disputes is a necessity because it is a mandate of the Law. In order for the handling of Regional Election disputes can be effective, the Special Judiciary should be under the State Administrative Court.
EKSEKUSI HAK TANGGUNGAN SEBAGAI JAMINAN KREDIT DALAM RANGKA PERLINDUNGAN HUKUM BAGI KREDITUR
Kattya Nusantari Putri
Paulus Law Journal Vol 2 No 1 (2020): September 2020
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i1.153
Credit Agreement between the creditor and the debtor that is carried out with a guarantee of mortgage sometimes creates problems when there is a default, where the creditor has difficulty executing the object of the Mortgage.This study aims to determine the mortgage execution mechanism as a form of legal protection for creditors and obstacles in carrying out the execution of Mortgage Rights. This study use a normative method with a statutory regulatory approach. The results show that the execution of Mortgage Rights can be carried out in three ways, namely underhand sales, selling through public tenders, and execution by the District Court. The obstacles faced can be in the form of juridical obstacles and non-juridical obstacles.
EKSISTENSI MAHKAMAH KEHORMATAN DEWAN PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 2 TAHUN 2018 TENTANG MAJELIS PERMUSYAWARATAN RAKYAT, DEWAN PERWAKILAN RAKYAT, DEWAN PERWAKILAN DAERAH, DAN DEWAN PERWAKILAN RAKYAT DAERAH
Wahyu
Paulus Law Journal Vol 2 No 1 (2020): September 2020
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i1.154
The Court of Council Honorific is one of complementary council organ which has a purpose in establishing a code of conduct. This study aims to know and analyze the existence of Court of Council Honorific. The study uses a normative method. The result of the study shows based on Act 17 in 2014, and than Act 2 in 2018 explain that the Court of Council Honorific has constancy which membership belongs to the inside parliament. In the violation of a certain code of ethics, it allow for elements from outside of the Court of Council Honorific. That is to dismiss that notion the Court of Council Honorific is not independent to handle the council members who suspected of breaking the code of conduct.
PEMANFAATAN TANAH ULAYAT UNTUK PENDIRIAN TONDOK DI KABUPATEN MAMASA
Lisma Lumentut
Paulus Law Journal Vol 2 No 2 (2021): Maret 2021
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i2.170
The establishment of Tondok is one of the process of utilization of land rights in Mamasa area, but the utilization of land rights is not regulated in a regional regulation of Mamasa Regency. This research aims to find out how the process of utilizing land rights ulayat for the establishment of Tondok in Mamasa area as well as how the status of land occupied by individuals in Tondok. This research uses Empirical Juridical with historical and case approaches. The results of this study show that in the process of utilizing land rights ulayat for the establishment of Tondok in Mamasa area was carried out on mutual consent by indigenous leaders and citizens of mamasa indigenous law community. The status of land individually in Tondok is recognized as a joint right and the rights of individuals are recognized in a limited way because it is considered a right of use and the prohibition of the recognition of land as property except in the form of rice fields.
PENERAPAN PRESIDENTIAL THRESHOLD PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 14/PUU-XI/2013
Liberthin Palullungan;
Trifonia Sartin Ribo
Paulus Law Journal Vol 2 No 2 (2021): Maret 2021
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i2.171
Indonesia is a country that implements a presidential system and a multi-party system jointly. The implementation of general elections has been regulated in the 1945 Constitution of the Republic of Indonesia. The presidential threshold is a concept used in proposing candidates for President and Vice President. Proposals are made by political parties or joining political parties by general election participants. This article analyzes the application of the presidential threshold after the Constitutional Court decision Number 114 / PUU-XI / 2013. The purpose of this writing is to determine the application of the Presidensitial threshold after the Constitutional Court decision Number 14 / PUU-XI / 013, and to determine the impact of the Constitutional Court decision number 14 / PUU-XI / 2013 on political parties. The research method used is qualitative and conceptual normative research methods. Based on this article, it is known that the application of the presidential threshold in which political parties must obtain seats 20% of the number of seats in the DPR or 25% of the valid votes nationally in the previous DPR elections, so that making new or small parties will not be able to nominate the President and Vice President themselves, but parties can form a coalition.
DIVERSI BAGI ANAK YANG BERHADAPAN DENGAN HUKUM DI KABUPATEN TANA TORAJA
Christian A Caesar
Paulus Law Journal Vol 2 No 2 (2021): Maret 2021
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i2.172
Diversion is the settlement of juvenile cases that have been transferred from the criminal justice process to the non-criminal justice process. This is because the child is the party who has not been able to legally account for his dressing. The purpose of the research was to analyse in depth the background execution of the diversion of the dealing with the law and the obstacles affecting the implementation of diversion. This research uses a type of normative empirical legal research by finding the empirical in the field that concerns the problems of primary that is obtained directly from the results of the interviews with respondents and interviewees as well as data secondary data is obtained through literature-literature which deals directly with the issue discussed in this study. The research results give a hint that execution is a form of diversion pemidanaan the more education against children as well as the factors that influence the implementation of restorative justice in the diversion on the criminal justice system, child is a factor the substance of the law, human resource law enforcement officers who have yet to grasp the versioned, support and cooperation among related agencies not optimal, and are also victims/families of the victims have not been able to receive them well on diversion.
PENGELUARAN WAJIB PAJAK DALAM PENINGKATAN PENERIMAAN PERPAJAKAN DI KANTOR PELAYANAN PAJAK PRATAMA MAKASSAR UTARA
Dharmawati
Paulus Law Journal Vol 2 No 2 (2021): Maret 2021
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i2.173
Taxpayer Compliance in Increasing Tax Revenue at the North Makassar Primary Tax Service Office. The purpose of this study is to determine taxpayer compliance, tax receipts, general provisions and tax procedures that affect taxpayer compliance after the enactment of Law Number 16 Year 2009. This study uses a juridical type of research normative. Primary and secondary data sources and tertiary. This research was analyzed qualitatively by describing descriptively the results of existing data. The results showed that the compliance of taxpayers at the North Makassar Primary Tax Service Office was not yet compliant optimally, although in quantity the tax revenue increased from year to year. The reason is the lack of knowledge and understanding of taxpayers, inadequate tax human resources as well as negative taxpayers regarding tax provisions have not been evenly distributed. While the factors that influence taxpayer compliance are legal substance factors, legal structure factors, legal cultural factors and tax socialization factors.
PROBLEMATIKA HUKUM FUNGSI REKRUITMEN ORGANISASI SAYAP PARTAI POLITIK
Abd. Rais Asmar
Paulus Law Journal Vol 2 No 2 (2021): Maret 2021
Publisher : Fakultas Hukum Univesitas Kristen Indonesia Paulus
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DOI: 10.51342/plj.v2i2.174
The success of the performance of the political recruitment function by Political Parties departs from its cadre mechanism. This is supported by the regeneration of a good and responsible wing organization of political parties. This study aims to determine legal problems related to the function of the wing organization of political parties. The type of research in this writing is normative legal research, with a statutory approach and a literature approach. This research examines the laws and regulations on political parties and related legal norms. The data used are secondary data consisting of primary and secondary legal materials. Primary legal materials are in the form of Law Number 2 of 2008 concerning Political Parties, while secondary legal materials are in the form of books, journals and articles related to the topic of the problem. The results showed that there were still several problems, such as the lack of rules governing the Organization of the Political Party Wing and the activities of cadres related to their location and background.