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andika adhyaksa
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INDONESIA
KHAIRUN LAW JOURNAL
Published by Universitas Khairun
ISSN : 25809016     EISSN : 25811797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Khairun Law Journal (KLJ) is an official journal of Faculty of Law, Khairun University. KLJ published semi-annualy in September and March. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in KLJ is deal with a broad range of topics, including:Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Agrarian Law; Adat Law; and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018" : 10 Documents clear
Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti Suwarti; Faissal Malik
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (918.683 KB) | DOI: 10.33387/klj.v2i1.1884

Abstract

The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void
Perkembangan Kompetensi Absolut Praperadilan Tentang Perintah Penetapan Tersangka Kepada Penegak Hukum oleh Pengadilan. (Studi Putusan Pengadilan Negeri Jakarta Selatan No. 24/Pid/Pra/2018/PN.Jkt.Sel) Muhammad Tabrani Mutalib
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (932.801 KB) | DOI: 10.33387/klj.v2i1.1886

Abstract

Pretrial has the authority under the Criminal Procedure Code to order law enforcement agencies (KPK / Police / Prosecutors) to continue the legal process of someone suspected of committing a criminal act of corruption and this does not conflict with the legality principle of criminal procedure as affirmed in Article 2 and Article 3 of the Criminal Procedure Code. The pretrial judge's action is the application of the principle of judicial independence to resolve legal issues. Thus the pretrial judge's ruling does not conflict with the legal principles of procedural law in Article 2 and Article 3 of the Criminal Procedure Code
Limitation Of Judicial Review Authority by Constitutional Court of the Republic of Indonesia Regarding Criminal Provisions in Laws Amriyanto Amriyanto; Rafika Nur
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1157.405 KB) | DOI: 10.33387/klj.v2i1.1880

Abstract

Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016 which rejects the extension of meaning and scope of adultery, rape and fornication in Indonesian criminal law becomes polemic in society. This is because the acts are very contrary to the moral and religious values, and Pancasila as the ideology of the Indonesian nation. The limitation of judicial review authority by Constitutional Court of the Republic of Indonesia related to criminal provisions is the reason for not willing to take the exclusive authority of the legislator in the formulation of criminal provisions. On the other hand, the Constitutional Court itself often extends the meaning and scope of norms in laws unrelated to criminal provisions.
Interpretation of Freedom of Contract to the Decision of the Constitutional Court of the Republic of Indonesia Sultan Alwan
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (917.929 KB) | DOI: 10.33387/klj.v2i1.1887

Abstract

The principle of freedom of contract is a principle in the treaty law that cannot be understood absolutely for anyone who is involved in an agreement. In order to make a binding in the contract/agreement, the parties should still take into account the essence of the equilibrium value of the parties to an agreement to avoid the existence of contracts/standard agreements that would precisely eliminate the value of justice for the right that should be obtained for one of the contracting parties. for example, contracts/labour agreements made between employers and workers/labourers in the case of termination of employment due to the existence of inter-worker/labourer marriage ropes in one company as regulated in Article 153 paragraph (1) letter f of Law of the Republic of Indonesia Number 13 Year 2003 concerning Manpower. For the applicant a judicial review of the provisions of the article in the Constitutional Court of the Republic of Indonesia, to assess the provisions of that article is of constitutional harm if such provisions continue. The Constitutional Court of the Republic of Indonesia in its legal consideration of Decision Number 13/PUU-XV/2017 considers the principle of freedom of contract in the context of the article whose judicial review is no longer relevantbecause it does not meet the value of the balance in the process of contracting/agreement and eliminating the justice of one of the parties involved in the contract.
Modal Penyertaan dan Pertanggungjawaban Koperasi Panca Prima Terhadap Wanprestasi yang Dilakukan Sophian Selajar; Rifkiyati Bachri; Nabila N
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (922.628 KB) | DOI: 10.33387/klj.v2i1.1882

Abstract

A cooperative is a business entity that requires capital. Cooperative capital consists of own capital and loan capital, but to develop its business, cooperatives can also conduct equity investment activities. This capital investment activity attracts the attention of the community because of its nature that bears the risk of loss but the investor is not given the authority to participate in managing the capital opening opportunities for misuse of capital investment management in cooperatives that can lead to defaults by cooperatives due to default on investors, as well as with investors. Panca Prima Cooperative which defaults on the venture capital cooperation agreement (investment capital). Thus, a problem arises whether the Panca Prima Cooperative can be held accountable for default on the venture capital cooperation agreement (equity participation) that is carried out and whether the management of the Panca Prima Cooperative is also responsible for the default carried out by the cooperative. To answer these problems normative research methods are used. Thus, it was concluded that the Panca Prima Cooperative could be held accountable for the default of the cooperative working agreement (capital participation) because the status of the Panca Prima Cooperative was a legal entity and that the Panca Prima Cooperative Management could not be held liable for defaults made by the cooperative Koperasi Panca Prima is a legal entity
Interpretation of Freedom of Contract to the Decision of the Constitutional Court of the Republic of Indonesia Alwan, Sultan
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1887

Abstract

The principle of freedom of contract is a principle in the treaty law that cannot be understood absolutely for anyone who is involved in an agreement. In order to make a binding in the contract/agreement, the parties should still take into account the essence of the equilibrium value of the parties to an agreement to avoid the existence of contracts/standard agreements that would precisely eliminate the value of justice for the right that should be obtained for one of the contracting parties. for example, contracts/labour agreements made between employers and workers/labourers in the case of termination of employment due to the existence of inter-worker/labourer marriage ropes in one company as regulated in Article 153 paragraph (1) letter f of Law of the Republic of Indonesia Number 13 Year 2003 concerning Manpower. For the applicant a judicial review of the provisions of the article in the Constitutional Court of the Republic of Indonesia, to assess the provisions of that article is of constitutional harm if such provisions continue. The Constitutional Court of the Republic of Indonesia in its legal consideration of Decision Number 13/PUU-XV/2017 considers the principle of freedom of contract in the context of the article whose judicial review is no longer relevantbecause it does not meet the value of the balance in the process of contracting/agreement and eliminating the justice of one of the parties involved in the contract.
Modal Penyertaan dan Pertanggungjawaban Koperasi Panca Prima Terhadap Wanprestasi yang Dilakukan Selajar, Sophian; Bachri, Rifkiyati; N, Nabila
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1882

Abstract

A cooperative is a business entity that requires capital. Cooperative capital consists of own capital and loan capital, but to develop its business, cooperatives can also conduct equity investment activities. This capital investment activity attracts the attention of the community because of its nature that bears the risk of loss but the investor is not given the authority to participate in managing the capital opening opportunities for misuse of capital investment management in cooperatives that can lead to defaults by cooperatives due to default on investors, as well as with investors. Panca Prima Cooperative which defaults on the venture capital cooperation agreement (investment capital). Thus, a problem arises whether the Panca Prima Cooperative can be held accountable for default on the venture capital cooperation agreement (equity participation) that is carried out and whether the management of the Panca Prima Cooperative is also responsible for the default carried out by the cooperative. To answer these problems normative research methods are used. Thus, it was concluded that the Panca Prima Cooperative could be held accountable for the default of the cooperative working agreement (capital participation) because the status of the Panca Prima Cooperative was a legal entity and that the Panca Prima Cooperative Management could not be held liable for defaults made by the cooperative Koperasi Panca Prima is a legal entity
Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti, Suwarti; Malik, Faissal
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1884

Abstract

The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void
Perkembangan Kompetensi Absolut Praperadilan Tentang Perintah Penetapan Tersangka Kepada Penegak Hukum oleh Pengadilan. (Studi Putusan Pengadilan Negeri Jakarta Selatan No. 24/Pid/Pra/2018/PN.Jkt.Sel) Mutalib, Muhammad Tabrani
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1886

Abstract

Pretrial has the authority under the Criminal Procedure Code to order law enforcement agencies (KPK / Police / Prosecutors) to continue the legal process of someone suspected of committing a criminal act of corruption and this does not conflict with the legality principle of criminal procedure as affirmed in Article 2 and Article 3 of the Criminal Procedure Code. The pretrial judge's action is the application of the principle of judicial independence to resolve legal issues. Thus the pretrial judge's ruling does not conflict with the legal principles of procedural law in Article 2 and Article 3 of the Criminal Procedure Code
Limitation Of Judicial Review Authority by Constitutional Court of the Republic of Indonesia Regarding Criminal Provisions in Laws Amriyanto, Amriyanto; Nur, Rafika
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1880

Abstract

Decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-XIV/2016 which rejects the extension of meaning and scope of adultery, rape and fornication in Indonesian criminal law becomes polemic in society. This is because the acts are very contrary to the moral and religious values, and Pancasila as the ideology of the Indonesian nation. The limitation of judicial review authority by Constitutional Court of the Republic of Indonesia related to criminal provisions is the reason for not willing to take the exclusive authority of the legislator in the formulation of criminal provisions. On the other hand, the Constitutional Court itself often extends the meaning and scope of norms in laws unrelated to criminal provisions.

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