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INDONESIA
Jurnal Ilmiah Raad Kertha
ISSN : 26206595     EISSN : 27235564     DOI : https://doi.org/10.47532/jirk.v3i2
Core Subject : Social,
Jurnal Ilmiah Raad Kertha is a peer-review scholarly Law Journal issued by Faculty of Law Universitas Mahendradatta which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). Jurnal Ilmiah Raad Kertha accepts submissions of scholarly articles to be published that cover original academic thoughts in Legal Dogmatics, Legal Theory, Legal Philosophy and Comparative Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol 7, No 2 (2024)" : 8 Documents clear
PENGATURAN PEMBUKTIAN TERBALIK TERBALIK DALAM UNDANG-UNDANG KORUPSI Eka Artajaya, I Wayan
Jurnal Ilmiah Raad Kertha Vol 7, No 2 (2024)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v7i2.1169

Abstract

The criminal act of corruption not only harms state finances, but also constitutes a violation of the social and economic rights of society at large, so that the criminal act of corruption needs to be classified as a crime whose eradication must be carried out in an extraordinary manner, to further guarantee legal certainty, avoid diversity of legal interpretations and providing protection for the social and economic rights of the community, as well as fair treatment in eradicating criminal acts of corruption. The statutory regulations that regulate criminal acts of corruption are Law no. 28 of 1999 concerning the Administration of a State that is Clean and Free from KKN, Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning Eradication of Corruption Crimes, Law no. 30 of 2002 concerning the Corruption Eradication Commission, and finally with the ratification of the United Nations Convention Against Corruption, 2003 (United Nations Convention Against Corruption, 2003) through Law no. 7 of 2006. The theories used to support the preparation of this book are the Theory of the Rule of Law, the Hierarchy Theory of Legal Norms, the Theory of Authority, the Concept of Corruption and Corruption Crimes and the Concept of Reverse Evidence. The approaches used in preparing this book are: statutory approach, conceptual research approach, case approach. Legal Materials use primary legal materials, in the form of secondary law and other legal materials. Primary legal materials include court decisions that have permanent legal force and laws related to corruption. Secondary legal materials are books, unpublished scientific works, journals and newspapers. Other legal materials are internet sites regulating the reverse evidence system in the provisions of Article 12B of Law Number 20 of 2001, Articles 37, 37A and 38B of Law Number 31 of 1999 in conjunction with Law No. 20 of 2001 and the Criminal Procedure Code. is limited or balanced, and uses a negative proof system according to law (negatief wettelijk overtuiging). The Public Prosecutor is still obliged to prove his charges. In the future, it is necessary to carry out an evaluation of the regulation of Corruption Crimes, it is necessary to strictly regulate the substance of the legal system of reverse evidence so that its application can be implemented effectively and is not just a rule contained in the norms.
KEWENANGAN KANTOR OTORITAS BANDARA WILAYAH IV DALAM PENEGAKAN HUKUM TERHADAP PEMALSUAN PAS BANDARA Susanto, Joko; Sukardi, Ni Made Rai
Jurnal Ilmiah Raad Kertha Vol 7, No 2 (2024)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v7i2.1165

Abstract

The number of incidents of counterfeiting airport pas poses a risk of threats to aviation security that can result in aviation law violations, for that law enforcement is needed in order to provide a deterrent effect while realizing legal certainty against perpetrators of airport passport forgery. The formulation of the problem in this study is how the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas, as well as what factors hinder law enforcement against counterfeiting airport pas, the objectives of this study are, first, to determine the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas, second, to determine the factors that hinder law enforcement against counterfeiting airport pas. The research approach used is normative juridical, the normative juridical approach seeks to understand the law from a theoretical and philosophical perspective. This research uses normative legal research methods by analyzing various legal sources such as constitutions, laws, court decisions, legal doctrines, and opinions of legal experts. The results of this study are first, the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas has not been maximized, as evidenced by the Region IV Airport Authority Office has never taken action in court against counterfeiting airport pas. Second, the factor that hinders the law enforcement of airport pass forgery is that the Region IV Airport Authority Office does not yet have the authority to investigate the criminal offense of airport pas forgery.
PERTIMBANGAN HUKUM DALAM PENETAPAN PERKARA PERMOHONAN ISBAT NIKAH DI PENGADILAN AGAMA Dyanthi, Luh Merry; Suryana, I Nyoman
Jurnal Ilmiah Raad Kertha Vol 7, No 2 (2024)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v7i2.1170

Abstract

The phenomenon of marriage of siri or marriage under the hands is still a lot happening among our society, whether done by ordinary people and figures known public. Issues surrounding siri marriage are still the subject of much discussion, especially if the practice is done by people who are well known by the community. In essence siri marriage from a religious perspective is valid, if the pillars and conditions are met. But in order to maintain order, the state has the right to regulate marriage matters, so marriage should be registered on the Registrar (for Muslims). For those who do not register their marriage, legally the marriage state is considered to have no legal force.
ANALISIS HUKUM TERHADAP KEBIJAKAN KEPESERTAAN TABUNGAN PERUMAHAN RAKYAT BAGI PEKERJA DI INDONESIA Aristiawan, I Gusti Ngurah
Jurnal Ilmiah Raad Kertha Vol 7, No 2 (2024)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v7i2.1166

Abstract

People's Housing Savings (Tapera) is one way to give money for housing for low-income people. Approval of the regulations enforcement of the Tapera Act regulated by Government Regulation No. 21 Year 2024 (PP 21/2024) on changes to Government Regulations No. 5 Year 2020 (PP 5/2020) on People's Housing Savings (Tapera) since 20 May 2024 caused conflict from the public, especially workers and employers. The problem raised is the analysis of the policies of participation of people's housing savings for workers in Indonesia. This research is normative using primary, secondary, or tertiary legal sources as data or information sources. With the reduction of wages and wages of the workers by 3 per cent, with the distribution of 0.5 per cent to be borne by the employer and 2.5 per cent by the worker, it has not been possible to realize the trust of NRI UUD 1945 in Article 28H.
MEDIASI YUDISIAL KE DALAM SISTEM PERADILAN PERDATA DI INDONESIA Adnantara, Kadek Prediandrika
Jurnal Ilmiah Raad Kertha Vol 7, No 2 (2024)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v7i2.1171

Abstract

Judicial mediation is an alternative method of dispute resolution that has been growing rapidly lately. Judicial mediation assigning judges as mediators has many advantages. The success of this mediation is expected to ease the task of the judge because with this mediation it means that the parties to the dispute have contributed to the implementation of the principle of fast, simple and low-cost justice. As for the background of the problem, how effective is the judicial mediation itself in the civil justice system and what are the obstacles during judicial mediation in civil courts. The purpose of writing this thesis is to find out the effectiveness of Judicial Mediation and the obstacles that occur in Civil Courts. 1 of 2002 concerning the Empowerment of Courts of First Instance to Implement Peaceful Institutions. Supreme Court Regulation (PERMA) Number 2 of 2003 concerning Mediation Procedures in Courts. PERMA Number 1 of 2008 concerning Mediation Procedures in Courts. PERMA Number 1 of 2016 concerning mediation procedures in court. The results of the study concluded that the effectiveness of the implementation of Judicial Mediation in Civil Courts is ineffective because of the small peace agreement in the implementation of mediation. This can be seen from the obstacles in reaching a peace agreement in the Judicial Mediation process in Civil Courts which are still low due to the fact that first the parties do not have good faith in mediation, the two mediator judges in court are still few, third the number of impartial advocates or lawyers to reconcile .
PENEGAKAN HUKUM LINGKUNGAN DI INDONESIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP W.WP.M.S, I.G.N. Wira; Dharma Saputra, Komang Edy
Jurnal Ilmiah Raad Kertha Vol 7, No 2 (2024)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v7i2.1167

Abstract

The Constitution of the Republic of Indonesia mandates the right to a good and healthy living environment. However, in practice, with the large number of environmental cases still occurring today, this can of course be a criticism of the Government as the organ that is fully responsible for fulfilling these rights. The various environmental problems that occur, both damage and pollution, are not directly proportional to the law enforcement mechanisms implemented by the Government. The birth of Law no. 32/2009 (PPLH Law) apparently has not been able to answer all the problems of environmental law enforcement in Indonesia. Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) has included criminal provisions in Chapter XV, which consists of 23 articles. These criminal provisions are much more complete and detailed when compared to the old Law Number 23 of 1997 concerning the Environment, but there are still many things that need to be addressed in the UUPPLH, therefore in this article we will describe the existing environmental law enforcement mechanisms. applies in Indonesia.
PENGEMBANGAN KOMPETENSI SDM DALAM RANGKA MENINGKATKAN AKUNTABILITAS KINERJA INSTANSI PEMERINTAH DI PROVINSI BALI Damanik, Siti Nurmawan; Sihotang, Erikson
Jurnal Ilmiah Raad Kertha Vol 7, No 2 (2024)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v7i2.1168

Abstract

Implementation of the Government Agency Performance Accountability System (SAKIP) is important in efforts to strengthen Government Agency Performance Accountability reports or AKIP, in order to realize government administration that is free of corruption, collusion and nepotism (KKN). Accountability for the performance of government agencies is the obligation of every Regional Apparatus to account for the success or failure of implementing programs or activities in order to achieve the organization's mission in a measurable manner, performance targets which will be compiled into a government agency performance report (LKjIP) periodically every year. The implementation of SAKIP is carried out to produce quality performance accountability reports by referring to the Presidential Regulation of the Republic of Indonesia Number 29 of 2014 concerning the Performance Accountability System for Government Agencies and other statutory regulations. The preparation of the LKjIP for regional apparatus is carried out every year by referring to the Regulation of the Minister for Use of State Apparatus and RB Number 53 of 2014 concerning Technical Instructions for the Preparation of Agency Performance Agreements, Performance Reporting and Procedures for Reviewing Government Agency Performance Reports.
BOIKOT PRODUK ISRAEL DI INDONESIA BERDASARKAN PERJANJIAN YANG DILARANG DALAM UNDANG-UNDANG NO 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Darma Pratiwi, Agustina Ni Made Ayu; Lestari, Anak Agung Adi; Sukardi, Ni Made Rai
Jurnal Ilmiah Raad Kertha Vol 7, No 2 (2024)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v7i2.1164

Abstract

Boycotting business competition is one of the prohibited agreements. The close historical relationship between Indonesia and Palestine means that Indonesia continues to support Palestinian independence. One of the most prominent reactions to this conflict was the boycott of Israeli products. Companies such as Danone and Coca-Cola, Starbucks which are affected by the boycott must make it clear to the public that the boycott actions that have been carried out so far are not in the context of business competition and do not violate Law No. 5 of 1999 concerning the Prohibition of Monopoly Practices and Competition. Unhealthy business but commitment to humanity. The call for a boycott is just fanaticism without a religious connection because companies that come to Indonesia only want to invest

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