Journal Evidence Of Law
Journal Evidence Of Law merupakan jurnal yang diterbitkan oleh CV. Era Digital Nusantara, terbit secara berkala 3 kali dalam 1 tahun sejak tahun 2022 pada bulan Januari, Mei dan Septemeber dengan ISSN Print: 2830-3350 , ISSN Online:2828-5301 berbahasa Indonesia dan berbahasa Inggris. Journal Evidence Of Law menerima naskah tulisan baik hasil pemikiran normatif maupun hasil penelitian empiris, dengan cakupan dibidang hukum pidana, hukum perdata, hukum tata negara/hukum administrasi negara, hukum internasional, hukum Islam, hukum lingkungan, hukum pemerintahan daerah dan Hukum Pemerintahan Desa maupun hukum adat.
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285 Documents
<![CDATA[SANKSI PIDANA TERHADAP TINDAK PIDANA PENYALAHGUNAAN BAHAN BAKAR BERSUBSIDI DI INDONESIA ]]>
<![CDATA[Kodai, Dince Aisa]]>;
<![CDATA[Suleman, Wilson]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 2 (2023): Journal Evidence Of Law (Agustus) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i2.427
<![CDATA[The purpose of this writing is to examine the application of criminal sanctions against perpetrators of criminal acts of misuse of subsidized fuel based on Law Number 22 of 2001 concerning Oil and Natural Gas. The method used is normative juridical with a statute approach, which is carried out by examining all laws and regulations related to legal issues related to the issues to be studied. The results of the discussion explain that the use of subsidized fuel oil in Indonesia is regulated based on Law Number 22 of 2001 concerning Oil and Gas and various related regulations, including Presidential Regulation Number 117 of 2021 concerning the Third Amendment to Presidential Regulation Number 191 of 2014 concerning the Provision, Distribution and Retail Selling Prices of Oil Fuel, Minister of Energy and Mineral Resources Regulation No. 12 of 2012 concerning Control of the Use of Fuel Oil, Regulation of the Downstream Oil and Gas Regulatory Agency No. 3 of 2012 regulates the control of subsidized fuel types for cars used for plantation and mining activities, Regulation of the Regulatory Agency for Downstream Oil and Gas No. 4 of 2012 concerning the allocation of subsidized fuel volume, Downstream Oil and Gas Regulatory Agency Regulation No. 5 of 2012 concerning Guidelines for Issuing Letters of Recommendation, Regulation of the Minister of Energy, Mineral Resources No. 1 of 2013 concerning Control of the Use of Fuel Oil. Criminal sanctions for perpetrators of criminal acts of misuse of subsidized fuel based on Law Number 22 of 2001 concerning Oil and Gas, namely sanctions that can be imposed on perpetrators of abuse of subsidized fuel as regulated in Article 55. ]]>
<![CDATA[Analisis Hukum Penyelesaian Kerugian Negara Ditinjau Dalam Perspektif Hukum Pidana ]]>
<![CDATA[Idris, Siswan]]>;
<![CDATA[Kadir, Yusrianto]]>;
<![CDATA[Amu, Robby W.]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law (Desember) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.359
<![CDATA[This study aims to determine and analyze the process and mechanism for resolving State Financial Losses in the Perspective of Criminal Law and to determine and analyze the application and legal settlement of the findings of the Supreme Audit Agency of the Republic of Indonesia (BPK RI) on the occurrence of state financial losses in state financial management. This research uses library data (library research) to obtain theoretical or doctrinal conceptions, opinions or conceptual thoughts from previous research related to the objects examined in this study which can be in the form of laws and regulations, books, scientific works, papers and other works. The results of the research show that the existence of Article 4 of the PTPK Law as the basis for law enforcement of corruption that harms state finances is to emphasize that when state financial losses have switched or entered the realm of criminal law, the return of financial losses does not eliminate the criminal liability of the perpetrators of corruption that harms state finances and the Supreme Audit Agency Regulation Number 3 of 2007 concerning Procedures for Settling State Losses Against Treasurers starts from handling initial information, which starts with information on state / regional losses then proceeds with the formation of the State Loss Settlement Team (TPKN); then Examination by the Supreme Audit Agency; Settlement through Certificate of Absolute Responsibility (SKTJM); Settlement through Decision Letter of Deadline Determination (SKPBW); and Settlement through Encumbrance Decision Letter (SKP).]]>
<![CDATA[Badan Penyelenggara Jaminan Sosial Ketenagakerajaan Berdasarkan Undang-undang Nomor 40 Tahun 2004 Tentang Sistem Jaminan Sosial Nasional ]]>
<![CDATA[Andrika, Ahmad]]>;
<![CDATA[Ahmad, Ibrahim]]>;
<![CDATA[Tumuhulawa, Arifin]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law (Desember) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.364
<![CDATA[The purpose of this study is to determine and analyze the Implementation of Policies Towards the Implementation of the Employment Social Security Program Based on Law Number 40 of 2004 concerning the National Social Security System and to determine and analyze the Form of Application of Administrative Sanctions Against Business Entities or Non-Governmental Institutions That Do Not Run the Employment Social Security Organizing Agency Program. In this study the authors used normative research methods, namely legal research conducted by means of literature review and study of legislation. In this research what is studied is legal events, legal relationships and objects of law. Implementation of Policies on the Implementation of the Employment Social Security Program Based on Law Number 40 of 2004 concerning the National Social Security System, namely the Government, among others, has made implementing regulations of the Act, has also continuously carried out all orders of the legislation. From the implementation of the Law, the labor social security program is a basic protection for workers and their families and can provide legal certainty. However, the practice of charging routine contributions by the BPJS as well as the imposition of sanctions on citizens is what actually denies the main principle of the social security system which should be borne by the state as the principle of the welfare state which is then transferred to the burden of citizens as well as accompanied by sanctions if citizens do not want to register as / participate in insurance organized by BPJS. Thus, it can be said that the Government has not succeeded in implementing the national social security system in realizing community welfare.]]>
<![CDATA[Analisis Penerapan Undang-Undang Nomor 25 Tahun 2009 Tentang Pelayanan Publik di Sekretariat Daerah Kabupaten Bolaang Mongondow Utara ]]>
<![CDATA[Talibo, Erwin]]>;
<![CDATA[Akili, Rustam]]>;
<![CDATA[Kasim, Ramdhan]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law (Desember) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.365
<![CDATA[The purpose of the study was to find out the implementation of Law Number 25 of 2009 concerning Public Services in North Bolaang Monondow Regency. To find out what factors influence the implementation of Law Number 25 of 2009 in North Bolaang Mongondow Regency. In this study the authors used the Empirical research method. the authors conducted direct and structured research. The data analysis used in this research is qualitative analysis. Qualitative data is raw data from the empirical world. Qualitative data is raw data from the empirical world. Qualitative data is in the form of detailed descriptions, direct quotes and case documentation. So the problem is because in providing public services to the community has not implemented minimum standards so that many people feel that they have not received the services they should get. This situation causes the community as recipients or users of public services to be unsatisfied, causing many people to feel dissatisfied, so they are reluctant to take care of everything related to the government bureaucracy. As a result, there are many people who try to take shortcuts by violating existing regulations.]]>
<![CDATA[Pemberhentian Tidak Hormat Aparatus Sipil Negara Dalam Kasus Tindak Pidana Korupsi ]]>
<![CDATA[Biahimo, Jaqub]]>;
<![CDATA[Kadir, Yusrianto]]>;
<![CDATA[Bunga, Marten]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law (Desember) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i3.375
<![CDATA[To Analyze the Regulation of Fish Theft and FAD Settlement According to the Provisions of Indonesian Legislation. To Analyze the Criminological Review of the Enforcement of Theft and Damage to FADs.In this study the author, using Empirical research methods. The data sources used in this research are primary and secondary data. The author uses direct observation and interview data collection techniques. In this research, the author analyzes the data using quantitative methods, namely analyzing the data and providing relevant explanations, the problem is discussed further research and analysis is carried out and makes it a conclusion. The problem in Gentuma Subdistrict is that some fishing boats have more FADs than the regulations stipulated in the Regulation of the Minister of Maritime Affairs and Fisheries of the Republic of Indonesia Number 18 of 2021 so that when there is a problem of fish theft, it cannot be processed because the procedure for releasing fishermen's FADs has violated the rules. Facts have shown that fisheries crime has become a very threatening act to Indonesia's natural resources because it has a detrimental impact on society and the state. This is a threat to the survival of the community and the state because it can damage the environmental ecosystem and also damage the existence of living things in the sea.]]>
<![CDATA[Kewenangan Pemerintah Daerah dalam Pelaksanaan Pengawasan terhadap Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun ]]>
<![CDATA[Setiaprameswari, Dwiluna]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law (Desember) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i2.440
<![CDATA[This study aims to describe the authority of the Regional Government in supervising and controlling the feasibility of building functions and to analyze or describe the imposition of sanctions on building owners who violate the feasibility of building functions based on the results of supervision and control by the government. The type of method in this research is normative legal research, namely research conducted by examining laws and regulations, legal concepts, and legal theory to be applied to a particular problem. The results of this study are to determine the limits of the authority of the Regional Government in supervising the formation of associations of apartment owners and occupants and the imposition of sanctions on the formation of associations of apartment owners and occupants based on the results of supervision flat occupants. In the management of flats, it is necessary to regulate the interests of the owners and occupants through an association of flat owners formed by the flat owners in order to realize the right of every person to meet the needs of a decent life and a safe place to live. life. In this regard, the government's role in terms of supervision is very important as a control in ensuring the formation of associations of apartment owners and tenants.]]>
<![CDATA[TINJAUAN PENGUPAHAN DALAM HUKUM KETENAGAKERJAAN REPOBLIK INDONESIA INDONESIA ]]>
<![CDATA[Kristian Siburian, Henry]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 2 (2023): Journal Evidence Of Law (Agustus) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i2.460
<![CDATA[Penelitian ini untuk menjabarkan tentang pengaturanpengupahan bagi Tenaga Kerja Indonesia. Setiap orang membutuhkan pekerjaan baik itu bekerja secara mandiri maupun bekerja pada orang lain. Dan setiap orang yang bekerja itu juga membutuhkan imbalan yang disebut dengan upahDimana sistem Pengupahan di Indonesia mengacu kepada beberapa peraturan perundangan ketenagakerjaan yang ada di Indonesia, seperti UU No.13 Tahun 2003, UU No.11 Tahun 2020, Perpu, kepmen, Surat Edaran yang berkaitan dengan Menteri Tenaga Kerja.Kebijakan pengupahan yang diatur oleh negara mencakup upah minimum, struktur dan skala upah, upah kerja lembur, upah tidak masuk kerja dan/atau tidak melakukan pekerjaan karena alasan tertentu, bentuk dan cara pembayaran upah, hal-hal yang dapat diperhitungkan dengan upah dan upah sebagai dasar perhitungan atau pembayaran hak dan kewajiban lainnya.]]>
<![CDATA[ANALISIS PENCEMARAN NAMA BAIK GUBERNUR LAMPUNG OLEH TIKTOKER BIMA (Kajian Pasal 28 Ayat 2 Juncto Pasal 45 A ayat 2 UU ITE Tentang Ujaran Kebencian Yang Mengandung Unsur SARA) ]]>
<![CDATA[Dwi Cahyo, Anggoro]]>;
<![CDATA[Fitriyantica, Agnes]]>;
<![CDATA[Hermawan , Muhammad Bayu]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 2 (2023): Journal Evidence Of Law (Agustus) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i2.461
<![CDATA[The rise of diverse social media makes it easier for people to communicate and share information with other communities. On the other hand, hate speech that smells of SARA also thrives, it has a dangerous impact when it is carried out through social media because of its wide reach and rapid spread. A legal approach has been taken and the perpetrators of hate speech have been legally processed, but it still does not have a deterrent effect. Hate speech on social media that never subsides occurs for many reasons. First, the lack of digital media literacy programs for the community. The second is the lack of clarity in law enforcement. The third that is no less important is the political conflict at the elite level. Likewise with the case that occurred with Tiktoker Lampung Bima Yudho Saputra, who was considered to have gone too far in criticizing the Lampung provincial government. So he was reported to the police and eventually in criminal proceedings. In its journey the ITE Law became a rubber article to criminalize and silence those who criticized the government. The type of research used in this research is normative legal research. The approach used in this study is the statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach).]]>
<![CDATA[ANALISIS PERTIMBANGAN MAJELIS HAKIM AGUNG MENOLAK PERMOHONAN KASASI DALAM KASUS SENGKETA MEREK ]]>
<![CDATA[Purnama, Aditya Putra]]>;
<![CDATA[Chumbradika , Chitto]]>;
<![CDATA[Wahyono, Wahyono]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 2 (2023): Journal Evidence Of Law (Agustus) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i2.462
<![CDATA[Business actors must be aware of protecting trademarks by registering them with the Director General of Intellectual Property, Ministry of Law and Human Rights. The goal is for business owners to use their brand exclusively without plagiarism from other business actors who want to commercialize it. This study aims to analyze the considerations of the Supreme Court of Justice in rejecting an appeal for cassation in one of the brand dispute cases involving a public figure, namely Ruben Onsu and his former partner, namely PT. Geprek Chicken Benny Sujono. Research is included in normative juridical research, which uses primary legal materials. Data collection techniques were carried out through a literature study using qualitative data analysis methods. The results of the study show that based on Article 21 of the MIG Law it is explained that a trademark application will be rejected if the mark has similarities in substance or in whole with a registered mark belonging to another party or has been applied for beforehand by another party. As for the case of a trademark dispute that occurred as a case study, it can be concluded that based on the Supreme Court Decision Number 575 K/Pdt.Sus-HKI/2020, Ruben Onsu's lawsuit against the cancellation of the "Bensu" brand owned by PT. Benny Sujono's Geprek Chicken was rejected. The judge stated that PT. Ayam Geprek Benny Sujono is the first and legal owner of the brand name "BENSU" as per the first to file principle. The impact of the rejection of the lawsuit was the opposite, namely 6 products with the "BENSU" brand owned by Ruben Onsu were null and void.]]>
<![CDATA[KAJIAN HUKUM TINDAK PIDANA PENCURIAN YANG DILAKUKAN SECARA BERSAMA-SAMA ]]>
<![CDATA[Nurjaman, Ari]]>;
<![CDATA[Qomarudin , Heri]]>
<![CDATA[ Journal Evidence Of Law Vol. 2 No. 2 (2023): Journal Evidence Of Law (Agustus) ]]>
Publisher : <![CDATA[CV. Era Digital Nusantara ]]>
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DOI: 10.59066/jel.v2i2.463
<![CDATA[The crime of theft which is committed jointly or often called theft with weighting, is a serious violation of law and has important implications in the criminal justice system. This study aims to examine the legal aspects related to the criminal act of theft which was carried out jointly based on the Criminal Code. The type of research used in this research is normative legal research. The legal material used is the Criminal Code as the primary legal material. The approach used is the statutory approach, the conceptual approach and the case approach, in this case the Case Study of Curanmor by Mother-in-law and Son-in-law in the Legal Area Tangerang Banten Police. The results of this study indicate that criminal responsibility for the perpetrators of the crime of theft committed jointly by in-laws and sons-in-law can be subject to Article 363 paragraph (1) with a maximum prison sentence of 7 (seven) years, can even increase to 9 (nine) years if in the trial process it is found that the theft was carried out at night by destroying the victim's house in order to facilitate the illegal possession of the target object. As for law enforcement for the perpetrators of the crime of theft through 2 stages, namely the pre-trial stage, namely investigation and investigation by the police and the trial stage, namely the process of proof and prosecution by the Public Prosecutor in the trial and the Verdict by the Panel of Judges. In relation to the case studies in this study, several factors lead to the occurrence of theft, including the high economic value of vehicles, relatively low vehicle safety, black markets, lack of public safety awareness, and social and economic disturbances. It is understood that the crime of motor vehicle theft is committed by the lower middle class in an effort to maintain life as an effort made by son-in-law and mother-in-law in this case;]]>
