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Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

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Published by Gapenas Publisher

ISSN : 27979598 EISSN : 27770621 DOI : https://doi.org/10.53363/bureau

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,

Arjuna Subject : Ilmu Sosial - Hukum

Articles 697 Documents

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PERTANGGUNG JAWABAN PELAKU BINARY OPTION TERHADAP HUKUM POSITIF DI INDONESIA Ferdiansyah M. A; Frans Simangunsong
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.93

Binary Option Trading has become quite a topic of public discussion lately, because there are many influencers and advertisements scattered about the huge profits that can be obtained through Binary Option Trading, so many people are tempted to try to enter it without understanding what and how the Binary Option system is. alone. In addition, the legality of Binary Option Trading in Indonesia is still questionable. Regarding the types of commodities included in the subject of futures contracts, it is regulated in CoFTRA Regulation No. 3 of 2019 concerning Commodities, Binary Options are not included in the subject written in Article 1. This can indirectly mean that Binary Options are illegal. The most recent case is a binary option scheme which is defined as a gambling practice. Gambling activities are prohibited by Article 303 of the Criminal Code (KUHP), Law (UU) Number 7/1974, as well as Government Regulation Number 9/1981, and Law Number 11/2008 (UU ITE). So the question arises, is there an alternative civil law regulation for victims of binary options trading cases? What is the perpetrator's responsibility for binary options under the guise of online investment? In this study, the researcher uses normative legal research, namely research that is useful for finding and answering legal issues, the rule of law, legal principles or legal doctrines encountered from a normative perspective and to find out whether the rule of law is in accordance with legal norms. . This normative law research is used to solve the problem of the legal issues faced by only examining the legal norms. So from research with normative legal methods will produce appropriate prescriptions and should be according to law.

SENGKETA AKIBAT PEMUTUSAN KERJA SAMA ANTARA PT. SARANA INVESTAMA MANGGABAR DENGAN PROVINSI NUSA TENGGARA TIMUR Angelina Bernadina Linojawa Keban
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.94

Basically, humans are social creatures (zoon politicon) who interact with each other. The increasingly rapid interaction of the community often leads people to bind themselves with other communities, resulting in making an agreement. Agreement is one of the legal studies that is always evolving, along with the development of society. Onong Uchana Effendy in his book Communication Science Theory and Practice reveals that "Humans as social beings need interaction with each other to share feelings, exchange thoughts and desires, either directly or indirectly, verbally and nonverbally. This is naturally ingrained in every individual, and is naturally done from birth. After the occurrence of an agreement between the two parties then an agreement appears between them. From this agreement, there was cooperation between the two parties, namely PT. Sarana Investama Manggabar and East Nusa Tenggara Province. In the cooperation that is built between the two parties who work together, problems often occur, namely defaults between them or it can be said that the employment relationship is unilaterally terminated

KEKERASAN TERHADAP ORANG TUA DALAM RUMAH TANGGA YANG DILAKUKAN ANAK KANDUNG DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG NO 23 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA Salsa Chintya Alisyah; Muh. Jufri Ahmad
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.95

Domestic violence (KDRT) is a criminal act that must be carried out at the investigation level to prove that a child is a victim of violence against parents who have experienced or actually experienced the violence. This research is a normative legal research. The research approach uses a statute approach and a conceptual approach. The results of this study are in Law Number 23 of 2004 it is expressly stated that in article 5 is an act that results in fear, loss of self-confidence, loss of ability to act, feeling helpless, and/or severe suffering to family members. In this case, there was domestic violence by children against their parents which resulted in depression and physical injury. The causes of violence against biological parents by their own biological children are caused by family economic factors, social environment where they live, low education of perpetrators and lack of religious education. With the teachings of Islam strictly prohibits the occurrence of domestic violence. This is evidenced by the many verses in the Qur'an and hadith that command children to respect both people well

PENERAPAN SANKSI PIDANA TERHADAP WAJIB PAJAK YANG MELAKUKAN TINDAK PIDANA PERPAJAKAN Valentino Ohoiwirin; Ahmad Sholikhin Ruslie
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.96

The highest tax legal basis is Article 23A of the 1945 Constitution of the Republic of Indonesia was reads that "taxes and the other levies that are coercive for the state by law". Specifications for tax crimes and the mechanism for applying criminal sanctions. The tax system that uses a self-assessment system softens the coercive nature of this tax, with the prospect that people will fulfil their tax obligation properly. However, the problem that occurs is, on the contrary, it's a good system to use by the community to make deviations because people think that taxes are a burden that will reduce their income. So they do tax avoidance which aims to minimize the tax burden. The threat of criminal sanctions against tax crimes is quite heavy and clear. If both of them regulate criminal acts that "may cause losses to state revenues" or "may harm state finances or the state economy" and follow the principle of applying criminal law to laws governing criminal acts with the same object, they will be enforced. Law that specifically regulates the subject matter of the crime

KONSTITUSIONALITAS PERMENKUMHAM NOMOR 02 TAHUN 2019 PENYELESAIAN KONFLIK NORMA MELALUI MEDIASI Anjaly Rosdiansyah Dewi; Syofyan Hadi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.97

Minister of Law and Human Rights Regulation No. 2 of 2019 concerning Disharmony Settlement Laws and Regulations Through Mediation regulates the mediation process for disharmony of several regulations such as Ministerial Regulation; Regulation of Non-Ministerial Government Institutions; Regulations from Non-Structural Institutions; and Regional Regulations. Whereas if a regulation is in conflict with other regulations, then a judicial review can be conducted to the Supreme Court and this has been stipulated in the 1945 Constitution where the 1945 Constitution is the highest statutory regulation and there is no lower statutory regulation that can override the provisions The 1945 Constitution. This type of research can be classified as a type of normative research. In this study, the focus is to examine the level of synchronization of law and the principle of law, namely the principle of lex superior derogate legi inferior. Source of data used secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study with the literature review method, after the data collected and then analyzed to draw conclusions. From the results of research and discussion, it can be concluded that, First, the authority of the Ministry of law and human rights in completing the disharmony of laws and regulations based on Minister of Law and Human Rights Regulation No. 2 of 2019 is something that violates higher legal norms or norms. Because the 1945 Constitution which gives the authority to examine the legislation under the law against the law is to the Supreme Court and not to other institutions. Second, the Supreme Court should conduct a judicial review in which the ideal concept of authority is regulated in the 1945 Constitution and not the Ministry of Law and Human Rights. If you want to test the statutory regulations, then the laws and regulations must be made in the form of laws

JUAL BELI SEX TOYS DALAM PRESPEKTIF HUKUM PIDANA DI MEDIA ONLINE Rhafshanjanie Prawira Negara; Frans Simangunsong
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.99

Transactions of pornography on the internet have many stages, starting from offers, agreements, delivery of goods, and payments, it makes many laws and regulations that can be applied. This creates legal uncertainty. The formulation of the problem in this research is how is the form of criminal responsibility for the perpetrators of buying and selling sex toys in online media. This research is a normative legal research. To examine the existing legal problems, this research uses a conceptual approach and legislation. The results of this study indicate that the sale and purchase of pornography (sex toys) through online media can be applied to the ITE Law and Pornography. In terms of accountability, it can be determined from the results of evidence in the trial process what form of pornography is

PERJANJIAN BAKU YANG MEMUAT KLAUSULA EKSONERASI DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN Shinta Rachmaniyah; Dipo Wahyoeno
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.100

The birth of a standard agreement containing an exoneration clause basically intends to provide easier and more practical access for the parties who will enter into an agreement. The prohibition on using the transfer of responsibility clause can be seen in the rule of law in Indonesia, which is located in Article 18 of Law no. 8 of 1999 concerning Consumer Protection. In this case, the issue raised is how the exoneration clause applies in the standard agreement from the point of view of consumer protection law. In this study, the research method used by the author is a normative legal research method that uses a statutory approach or the so-called statute approach, a conceptual approach or the so-called conceptual approach and views according to experts. The results of the study show that the Standard Agreement which contains an exoneration clause can create legal consequences for consumers, namely the obligations that should be borne by the seller or business actor are the obligations of the buyer or consumer. UUPK or Law no. 8 of 1999 concerning Consumer Protection requires sellers or business actors to immediately match the standard agreement used for the provisions of the law, but in implementation this is difficult to enforce. Procedures and prohibitions regarding the application of standard agreements are planned to occupy the position of the buyer or consumer commensurate with the seller or business actor in accordance with the principle of freedom of contract and also prevent the emergence of actions that can later be detrimental to the buyer or consumer due to the lack of understanding, the buyer or consumer is exploited by the perpetrator. effort and also an equal position between the two parties. If the seller or business actor has set a standard clause that is prohibited in the agreement, the legal consequences of the standard clause are declared null and void.

SISTEM APLIKASI LAYANAN ADMINISTRASI DESA BERBASIS ANDROID Mohammad Alvi Fauzil Akbar; Izzatul Umami; Winarti Winarti
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.101

Population service is one of the most important tasks in a government agency such as a village, especially in a modern era like today, demands for accurate information that is obtained quickly and easily. Bareng Village is a village with a population of approximately 2,655 people, thus the administrative service process for letter application services can cause queues and does not rule out the possibility of typing errors in the applicant's identity in the submitted letter. This can also cause delays in processing letters and can hinder the issuance of letters, because the number of village employees on duty is limited to only a few people, while the number of letter applicants exceeds the working capacity of village employees. To overcome this problem, it is necessary to have a village administration application that can help service letter requests for the community to be faster and more accurate. In this study, an android-based Bareng village administration service application was built. This research uses a systems approach method, namely the Rational Unified Process (RUP), and the system development method uses the UML method. The results of this study are the application of Bareng village government administration services that can make it easier for residents to get information about the village and provide information on the status of completion of certificates, as well as appropriate village inventory data

TINJAUAN YURIDIS TENTANG ADAT PITI RAMBANG DAERAH SUMBA Tollif Adih Pambudih; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.103

Discussion about the Sumba regional custom, which custom is this In an era that is increasingly developing with many laws and increasingly globalization, Indonesia is famous for its various tribes and customs, from Sabang to Merauke, its cultural culture and also the different regional languages, so sometimes there is also a custom that forces its citizens to continue to follow customary rules, the custom is a marriage that requires a man to take or marry a woman, after the traditional ceremony is over, marrying or marrying the woman is not good according to some people, but instead of meeting a woman either on the street in front of the house or at the market, then the woman is immediately pulled and even carried to be brought to the man's house, even though it was without the knowledge of the female guardian, after arriving at the woman's house, the new woman was given know. That the child or family is living in a man's house is due to the piti ramban (forced marriage) custom. From the little picture above, the custom has violated various existing rules, namely human rights (human rights), marriage law, as well as criminal law and the laws that apply in Indonesia

TUDUHAN SELINGKUH : SANKSI DAN PEMBUKTIAN DALAM BINGKAI ADAT Dody Sulistio; Dewi Lestari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.104

This paper aims to find out the Legal Sanctions d for Perpetrators of Infidelity Allegations and their evidentiary mechanisms according to the Customary Law of Lubuk Ruso Village, Pemayung District, Batang Hari Jambi Regency. This research uses Descriptive Qualitative research with data collection methods carried out by observation, interviews and documentation. Based on the research that has been carried out, the following results and conclusions are obtained: Allegations of infidelity according to customary law are proven by the presence of witnesses and oaths in the trial. Customary institutions in enforcing the law on perpetrators of allegations of infidelity (slander) are based on the eight-year-old regulations in the dago-dagi article, namely all forms of acts that violate the common/public interest, causing domestic chaos. Such as mistakes against the government, making slander (provocations) and creating domestic chaos. The punishment was a full, double-folded wake, namely a buffalo, 800 bushels of rice, 800 coconuts, 8 sacks of white cloth and a bag of semanih. Meanwhile, according to the traditional head in the form of buffalo, rice, coconut, semanic selemak, asam segamo, eaten by many people. These sanctions/fines are first discussed by the customary apparatus, then the sanctions/fines imposed are in accordance with the results of the rembukan carried out by the customary apparatus. If the perpetrator cannot pay the sanction, then his heirs can help pay it, if no one can pay the claim then it can be sued in court

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Contact Name Yudi Nur Supriadi

Contact Email admin@gapenas-publisher.org

Phone +6285885400000

Journal Mail Official admin@gapenas-publisher.org

Editorial Address Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location Kota tangerang, Banten INDONESIA

Abstract

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Contact Name
Yudi Nur Supriadi

Contact Email
admin@gapenas-publisher.org

Phone
+6285885400000

Journal Mail Official
admin@gapenas-publisher.org

Editorial Address
Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location
Kota tangerang,

Banten

INDONESIA