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Jurnal Hukum Lex Generalis
Published by CV Rewang Rencang
ISSN : -     EISSN : 27464075     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Tujuan dari Jurnal Hukum Lex Generalis adalah menjadi ensiklopedia, glosarium atau kamus ilmu hukum. Diharapkan Jurnal Hukum Lex Generalis dapat menjadi sumber rujukan praktis untuk keperluan sitasi keilmiahan. Adapun ruang lingkup yang dipublikasikan adalah tulisan bertemakan hukum secara umum, seperti nama dari jurnal ini yaitu "Lex Generalis" yang berarti hukum umum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 818 Documents
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Analisis Kasus Penyebaran Berita Bohong Terkait Covid-19 di Sumatera Selatan dalam Perspektif Hukum Pidana Juan Maulana Alfedo
Jurnal Hukum Lex Generalis Vol 1 No 4 (2020): Tema Hukum Pidana
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Abstract

Advances in technology and information in the modern era have had complex implications in people's lives. In addition to providing ease in accessing information, on the one hand, it also brings negative impacts that can harm individuals, communities, and countries. One of the negative impacts caused is the misuse of electronic media as a means to spread fake news (Hoax). Fake news (Hoax) is an attempt to deceive or outsmart the reader or listener to believe fake news. According to data from the Ministry of Communication and Informatics throughout April 2019, there were 486 cases of hoaxes in Indonesia. One of the cases of fake news (Hoax) that has occurred is the spread of fake news (Hoax) related to Covid-19 in South Sumatra carried out by civil servants (PNS) in one of the Health Centers through posts on social media. As a result of the spread of fake news (Hoax) causes the surrounding community to worry and fear, considering that Covid-19 is a type of virus that has infectious and dangerous properties. In view of the perspective of criminal law, the spread of fake news (Hoax) is one form of criminal acts where the perpetrator can be charged with criminal sanctions in accordance with applicable laws and regulations, namely the Criminal Code (Criminal Code) and Law No. 11 of 2008 Jo. Law No. 19 of 2016 concerning Information and Electronic Transactions.
INTROSYM : Reformulasi Stolen Asset Recovery dalam Sistem Pemeriksaan Delik Korupsi Sektor Swasta Melta Setya Rahayu Pujianti; Fazal Akmal Musyarri; Paradisa Eksakta Gheosa
Jurnal Hukum Lex Generalis Vol 1 No 4 (2020): Tema Hukum Pidana
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Abstract

“Power tends to corrupt, and absolute power corrupts absolutely” is Lord Acton's adagium, in reflection of executive misconduct in the form of intervention in the independence of reported companies. In line with the thinking of Romli Atmasasmita who stated that the increasing number of corruption in the private sector was due to the unwillingness of witnesses in reporting the case. Supported by UGM's Economic Sciences Laboratory which said state losses due to private corruption reached 40.53%, the author initiated the idea of Integrated Proofing System (INTROSYM), which is a system of cracking down on integrated corruption cases involving companies that include the stages of reporting witnesses from insiders (whistleblowers). However, there are corrupt assets that are rushed abroad, especially to certain countries such as Switzerland. The country keeps assets secret so strictly that it is difficult to prove even though the party requesting the opening of the case and proof is the country where the asset owner. So that a special regulation is needed that can open transparency of proof of the assets of a company stored abroad. Stolen Asset Recovery (StAR) is a partnership between the World Bank and is a product of the United Nations of Drugs and Crime that implements UNCAC. StAR makes it easier for the state to open cases and prove the company's assets. So far, many countries have implemented STAR, but only applied to assets owned by individuals and state officials. So that StAR can be further optimized by applying it to assets owned by the company. It is expected that the enforcement of INTROSYM can reduce the crime of corruption in the private sector that is difficult to do and solve in the realm of Indonesian law.
Problematika Pencegahan dan Kejahatan di Bidang Ekonomi Yanels Garsione Damanik
Jurnal Hukum Lex Generalis Vol 1 No 4 (2020): Tema Hukum Pidana
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Abstract

Because of the complexity of the problem of crime in the economy, the RKUHP was formed because of the insistence on realizing criminal laws and regulations in accordance with the current and future circumstances and situations. The Criminal Code is currently considered unable to answer the legal vacuum because it cannot be ensnared in various behaviors that harm and threaten the community, but have not been or are not regulated in the Criminal Code. The patchwork system of quick solutions is criticized by various criminal experts as illegal, inconsistent, juridically problematic, and even gnawing, shredding the parent building system. The problem is that the RKUHP does not regulate economic crimes specifically. Some criminal acts related to the economy stipulated in some laws are incorporated into the RKUHP but its formulation is limited to a few categories of criminal acts, namely criminal acts that endanger the environment, corporate liability, criminal acts of falsification of stamps, seals, state stamps, and brands, criminal acts of fraud, and criminal acts of trust in conducting business. Unfortunately, the drafting team is unclear in setting the criteria used to select and/or rule out specific criminal acts outside the Criminal Code into the RKUHP. So it is not clear to what extent the limits of economic crimes are accommodated in the RKUHP. The articles of the RKUHP that regulate some economic crimes are also not spared from problems, especially related to the terms and understandings used in the RKUHP, confusion about some criminal concepts, and duplication. The settings are selected into the RKUHP without synchronizing with other criminal settings so that the arrangement of some criminal acts becomes overlapping. Under these circumstances, the RKUHP will still maintain the existing criminal law system and the purpose of establishing the RKUHP will not be achieved.
Singgasana Keraton Ngayogyakarta Hadiningrat dalam Dialektika Universalisme Vs. Partikularisme HAM: (Komentar terhadap Putusan MK 88/PUU-XIV/2016) Febriansyah Ramadhan; Luthfi Marfungah
Jurnal Hukum Lex Generalis Vol 1 No 5 (2020): Tema Hukum Pemerintahan (HTN dan HAN)
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Abstract

This article will elaborate on the study of women seen from the lens of universalism vs. human rights particularism in Decree No. 88/PUU-XIV/2016. The ruling is about the gender requirements or the necessity to have a wife in charging the Sultan of Yogyakarta. Allegations of discrimination pinned by the petitioners and judges of the Court of Justice against the condition will be the main focus in this study. The main headline or argument built by the petitioners through his power and also the nine judges of the Constitutional Court is "the state must not interfere with the SpecialTy of the Yogyakarta Palace". In the glasses of the applicants, intervention is carried out in the form of arrangements in the KDIY Law that do not give women the opportunity. Though keep in mind, the ratio of the legis of the formation of the rule is because it is based on historical reasons, where the position of the Sultan is always filled by men for decades. So, who exactly intervenes, the law, the way of thinking of judges or petitioners who actually judge the wisdom of the palace with a discriminatory approach based on universal principles? To help answer that question, the study used normative research that will delve into legal materials ranging from legal sources formil and some literature literature. The benefit of this research is to dispel bad precedents in our statehood tradition which often judge matters of local wisdom with an approach to human rights universalism.
Analisis Perbandingan Kedudukan dan Kewenangan Menteri dalam UUD 1945 Sebelum dan Sesudah Perubahan, Konstitusi RIS, dan UUDS RI Josua Satria Collins
Jurnal Hukum Lex Generalis Vol 1 No 5 (2020): Tema Hukum Pemerintahan (HTN dan HAN)
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Abstract

The Basic Law as the basic and highest law that contains the life of society, nation and state so that its nature must be more stable than other legal products. Especially if a Constitution contains the soul and spirit of a country that in the event of a change to the Basic Law can also bring a major and fundamental change to the system of implementation of a country. Even the wishes and aspirations of the people can also manifest in the constitution. In Indonesia itself, the constitution changes as the nation's historiography journeys. Starting from the formulation of the 1945 Constitution after independence, then changed to the Constitution of the United States of Indonesia, transformed back into the Provisional Constitution of 1950, until the re-enactment of the 1945 Constitution and the accompanying amendments. Theoretically, the change of the Constitution at least brings about changes in the structure of state government and the possibility is even further a change in the basis of state philosophy, state objectives, and state policy. This also applies to the system or concept of the Minister along with constitutional changes in Indonesia, which will be discussed further in this paper.
Fungsi Dewan Perwakilan Rakyat Daerah dalam Penanganan Pandemi Corona Virus Disease 2019: (Studi Undang-Undang Nomor 6 Tahun 2018 tentang Kekarantinaan Kesehatan) Melta Setya Rahayu Pujianti
Jurnal Hukum Lex Generalis Vol 1 No 5 (2020): Tema Hukum Pemerintahan (HTN dan HAN)
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Abstract

The State of Indonesia is a country that is in the area of intersection between disasters, intercontinental, intercultural, between economic forces, even between civilities that result in the emergence of potential disasters and extraordinary events or known as Emergencies (State Emergency). Therefore, the device of legislation in normal circumstances is not compatible when applied under abnormal circumstances because generally abnormal circumstances are unpredictable. In Indonesia, the constitutional basis for implementing the Emergency Law is stipulated in Article 12 of the 1945 Constitution. Unfortunately, Article 12 of the 1945 Constitution is only once referred to in the laws and regulations labeled "emergency" and the rest do not refer, including Law No. 6 of 2018 on Health Quarantine. In fact, Article 12 of the 1945 Constitution became the legitimacy to apply the laws and regulations extraordinarily. By not referring to Law No. 6 of 2018 to Article 12 of the 1945 Constitution, then ideally Law No. 6 of 2018 is an ordinary legal regime. However, looking at the formulation of Articles 4 and 10 paragraph (1) contains the meaning that Law No. 6 of 2018 runs as an Emergency Law. Anomalies arise on the one hand of Law No. 6 of 2018 is a common law, but applied in emergencies. This is what the author tried to take issue with in the quarantine of health in the area. With anomalies in Law No. 6 of 2018, the implementation of the State of Emergency is in the domain of the Local Government and does not involve the Regional House of Representatives (DPRD). Whereas in handling emergencies many intersect with the function of the DPRD.
Urgensi Penambahan Parameter Potensi Lokal dalam Pengalokasian Formulasi Dana Desa sebagai Upaya Pengembangan Pariwisata Lokal di Indonesia Puspita Putri Sunarso; Eka Rahmawati; Fazal Akmal Musyarri
Jurnal Hukum Lex Generalis Vol 1 No 5 (2020): Tema Hukum Pemerintahan (HTN dan HAN)
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Abstract

The development of tourism in Indonesia today has increased significantly. Pariwasata is one of the country's sizable foreign exchange income contributors. Indonesia's Gross Domestic Product (GDP) from the tourism sector in 2010 amounted to 261.05 Trillion Rupiah. This figure skyrocketed to 461.36 trillion rupiah in 2015. This is inseparable from the role of large tourism potential in Indonesia. Indonesia is a unitary state consisting of islands that line from Sabang to Merauke that have quite diverse tourism potential. In this stretch of Indonesia, there is the smallest unit of society called a village. The village is regulated in Law No. 16 of 2014 concerning Villages. The village is the smallest part of a region that has certain potentials that can be developed not only based on its geographical circumstances. But it can also take advantage of the sociological and anthropological conditions of society. For example, villages located in coastal areas can develop tourism potential for aquaculture and aquatic resources. While villages located in mountainous areas can develop tourism potential in the form of ecotourism-based education. The village tourism sector can also be developed from the rich culture that lives among the people. But over time, problems arise in tourism management efforts. The problem is the lack of optimal role of the government in managing tourism potential, especially in the village. On the other hand, in order to optimize the authority of the village as the smallest government order authorized to take care of and regulate its own households, the government in the Village Law provides financial assistance in the form of Village Funds derived from a basic allocation fund of 90% which is the same amount for all villages then coupled with a Formulation Fund of 10% which becomes a nominal differentiator of village funds received. Formulation Funds are adjusted to the Number of Villagers (25%), The Number of Village Poor (35%), Village Area (10%) and geographical difficulty level (30%). Unfortunately, the division of parameters is consumptive and not productive, in the sense that there is no division of parameters for local potential villages that differ from one village to another. Therefore, the author initiated the idea in the form of the addition of village Local Potential parameters in the distribution of village fund formulation funds. The research methods used in this scientific work are normative juridical, using a statutory approach and a concept approach. The addition of Local Potential parameters in the distribution of Village Fund Formulation Fund includes the potential of the village tourism sector. With the implementation of this idea is expected to optimize tourism management efforts and increase the potential of the tourism sector in rural Indonesia.
Rekonstruksi Sistem Presidential Threshold dalam Sistem Pemilu di Indonesia: (Studi Perbandingan Sistem Presidential Threshold Indonesia dan Brazil) Sinta Devi Ambarwati; M. Roziq Saifulloh; Stella M.S. Aritonang
Jurnal Hukum Lex Generalis Vol 1 No 5 (2020): Tema Hukum Pemerintahan (HTN dan HAN)
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Elections that are hereinafter referred to as elections are one part of the process as well as the result of a democratic system based on the doctrine of "power of the people", namely the power of the people, by the people, and for the people. In 2019, the election will be held simultaneously. The existence of this simultaneous election was born after the issuance of the Constitutional Court of the Republic of Indonesia No. 14 / PUU-XI / 2013 on The Testing of Law No. 42 of 2008 concerning Presidential and Vice Presidential Elections. However, there are some problems in the implementation of the 2019 election, namely the application of the concept of Presidential Threshold or threshold for presidential and vice presidential submissions. The implementation of this Presidential Threshold policy has a positive impact, one of which is the strengthening of the presidential system through simplification of political parties. However, the implementation of the Presidential Threshold can also lead to transactional politics between political parties. In addition, the Presidential Threshold is also considered to eliminate the right of citizens to vote (right to vote). Along with some of the weaknesses of the implementation of the Presidential Threshold, there is a need for an idea to regulate the Presidential Threshold policy so that in its application later in the 2019 Election there are no more contradictions that occur in the community regarding the existence of Presidential Threshold policies. This can be done by applying the concept of General Elections using the Presidential Threshold system simultaneously, but in its implementation later using the Closed Election system. The second alternative to accept the 2019 simultaneous elections, namely using the Presidential Threshold system and the Open Election system, but implemented gradually. The third uses the Presidential Threshold system of 0%.
Re-Tax (Restaurant Waste Tax): Pemberlakuan Pajak untuk Menekan Dampak Limbah Restoran Demi Terwujudnya Indonesia sebagai Poros Kelestarian Lingkungan Dunia Juan Maulana Alfedo; Emilda Yofita; Laras Ayu Lintang Sari
Jurnal Hukum Lex Generalis Vol 1 No 8 (2020): Tema Hukum Lingkungan
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Waste is a serious problem that occurs in various countries, especially in Indonesia. One of them is Restaurant Waste which can be categorized as organic waste and domestic liquid waste. Restaurant waste that is not processed properly can be one of the factors of environmental pollution. Moreover, in 2030 with the main problem is the increase in population in urban areas, changes in people's consumption patterns, the entry of restaurants that provide various fast food will be more concerning if not addressed immediately. Improper management of restaurant waste can cause problems, namely polluted air in the environment around the restaurant, disease nests, environmental pollution and blockage of waterways. Some of the data obtained from the Ministry of Agriculture in 2017 is the total amount of waste produced in Indonesia amounted to 187.2 million tons per year, while for Restaurant Waste 16.7 million tons per year or equivalent to 44.5%. From this, the author provides a solution in the form of the enactment of a waste tax (Re-Tax: Restaurant Waste Tax) to reduce the impact of Restaurant Waste for the realization of Indonesia as the axis of world environmental sustainability. The system that will be applied is to use maximum waste data as a basis for tax enforcement. With systematics in accordance with Law No. 42 of 2009, which is taken 10% of sales. The author uses juridical-normative writing methods, with a statutory and conceptual approach. In providing the solution is expected to be able to achieve the goal of overcoming environmental damage due to Restaurant Wastes that have not been processed, reducing the number of restaurant waste disposals, maintaining environmental sustainability and increasing local government revenue through tax enforcement.
Kritik Entitas Homogen Masyarakat Adat pada Putusan MK Nomor 35/PUU-X/2012 Melalui Feminist Political Ecology Linda Dewi Rahayu
Jurnal Hukum Lex Generalis Vol 1 No 8 (2020): Tema Hukum Lingkungan
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Abstract

At the age of independence of the Republic of Indonesia which is approaching the age of a century, the concept of the dream of the welfare state is in fact only limited to rhetoric and does not have a spirit that is in accordance with the mandate of the constitution. The packaging of the law wrapped in the text of the laws and regulations seems to always be less able to create environmental justice and protection of political civil rights and socio-economic rights of the people in every article. Since colonial times there have been various tenure systems implemented by various indigenous communities in Indonesia contrary to the legal framework that supports state control of forest lands and territorialization of forest control, which is the way in which state power over forest areas applies to the boundaries of forest areas that are politically established by the state. Whereas the presence of law should mean that it can bring order and protection to the democratic rights of the people as the object of law. It is always the interests of certain groups that take precedence over the interests of the people. This research is a normative legal research that uses a statutory and conceptual approach, with legal hermeneutic analysis techniques. So that it can be examined by homogeneous entities as a criticism of Constitutional Court Decision No. 35/PUU-X/2012 using the concept of Feminist Political Ecology, so that it can be seen in the reality that indigenous women have not obtained complete recognition as additional rights.

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