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Clavia: Journal of Law
Published by Universitas Bosowa
ISSN : 1411349X     EISSN : 24776009     DOI : https://doi.org/10.56326/clavia
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Clavia ini dimaksudkan sebagai media komunikasi kalangan akademisi hukum, praktisi hukum, dan masyarakat luas pada umumnya. Media ini merupakan forum pengkajian berbagai masalah hukum dalam masyarakat sekaligus pengembangan pemikiran di bidang ilmu hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 234 Documents
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PELAKSANAAN TANGGUNG JAWAB PELAKU USAHA PERHOTELAN TERHADAP BARANG MILIK TAMU HOTEL DI MAKASSAR (STUDI KASUS WHIZ PRIME SUDIRMAN): IMPLEMENTATION OF RESPONSIBILITIES OF HOTEL BUSINESSES FOR HOTEL GUEST GOODS IN MAKASSAR (CASE STUDY WHIZ PRIME SUDIRMAN) Laydida, Evelyn Meilinda; Hamid, Abd. Haris; Kamsilaniah
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

The purpose of this study is to determine the implementation of the responsibilities of hoteliers in the Whiz Prime Hotel Sudirman Makassar and to know the terms of service for the safety of guest goods while staying at the hotel. The research was conducted at Whiz Prime Hotel Sudirman which is located in Makassar, with the field throught the process of the interviews or direct conversations the Hotel Manager and guest whi stay overnight, and also the library research method. This method is efforts to obtain secondary trought reading materials in the form of scientific writings laws and regulation theories of expert throught various media. The results of this study indicate that the provision of service to guests is in accordance with the standard operating procedures (SOP) that have been set by the company, but in this case the company or hoteliers are inconsistent in carrying out the rules that have been set so that guest items are lost which causes the guest felt insecure and at a disadvantage by the incident so that the guest did not get his rights as a consumer based on Article 4 of Law no. 8 of 1999 concerning consumer rights. In this case, the business actor is already responsible for compensation to the guests based on Article 19 of Law no. 8 of 1999 concerning the responsibilities of business actors, but the business actor explains and resolves the problem to guests who feel disadvantaged by not providing an accurate explanation. In handling it, the hoteliers have carried out their responsibilities in the process of compensating guests who suffered losses for the loss of items in the form of gold and watches. The responsibility of hotel entrepreneurs for the loss of property belonging to room tenants is the responsibility of Whiz Prime Hotel Sudirman applies in accordance with Article 1545 of the Civil Code and Article 19 paragraphs (1), (2), (3) and paragraph (4) of UUPK, but in its implementation Whiz Prime Hotel Sudirman provides compensation to consumers who suffer losses, this is done to maintain the trust of hotel guests even though the compensation given does not always match the amount of loss suffered by hotel guests. Responsibility for damage and loss of items experienced by hotel guests, is not solely the responsibility of the hotel, if the damage or loss experienced by the guest is due to negligence on the part of the hotel, then it is the responsibility of the hotel, and vice versa. If damage and loss is experienced due to negligence on the part of the guest, it is not the responsibility of the hotel but the guest himself. If the damage or loss is due to negligence of the hotel, the hotel will immediately take compensation measures, namely in the form of money in accordance with the provisions that the hotel and guests feel are disadvantaged.
TANGGUNG JAWAB DIREKSI DALAM PERSEROAN TERBATAS DI MAKASSAR (STUDI KASUS PUTUSAN NOMOR 11/Pdt. Sus-PHI/2019/PN.Mks): THE RESPONSIBILITY OF THE BOARD OF DIRECTORS IS LIMITED TO THE COMPANY IN MAKASSAR (DECISION NUMBER CASE STUDY 11/Pdt. Sus-PHI/2019/PN.Mks) Okman, Arlan; A. Hasan, Yulia; M. Jafar, Juliati
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

The aim of this research is for determine the Directors responsibilities on Limited Liability Companies and find out what are the factors that caused the decision No. 11 / Pdt.Sus-PHI / 2019 / PN.Mks Niet Onkavelijke Veklaard. The research method used is a normative juridical research method, while the data collection uses qualitative methods. The results of this study indicate that the responsibility of the board of directors in the decision does not exist because the lawsuit in the case does not meet the formal requirements. However, if the claim is accepted and partially or fully granted, in carrying out the accountability, the board of directors in fulfilling the rights of employees' wages and severance pay acts on behalf of the PT and the responsibility is carried out based on the advice and decision of the judge. In addition, the factors of the decision No. 11 / Pdt.Sus-PHI / 2019 / PN.Mks Niet Ontvankelijke Verklaard are the failure to fulfill the formal requirements of the plaintiffs' lawsuit, where in this case only PT can become defendant as Persona In Judicio so that the lawsuit does not experience an error In Persona.
ANALISIS SOSIO YURIDIS PEMBINAAN DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA SUNGGUMINASA GOWA: JURIDICAL SOCIO ANALYSIS OF DEVELOPMENT IN CLASS IIA WOMEN'S CORRECTION INSTITUTION SUNGGUMINASA GOWA Masykur, Fadhilah Azhilah; Madiong, Baso; Kamsilaniah
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

This research aims to know more about how the implementation of the construction in the LPP class IIA is a part of the Gowa and to know the obstacles that become the obstacle of coaching that is done by LPP class IIA although Gowa. The method of use is the type of socio juridical. The method of socio juridical research is to use field data or commonly called empirical data. According to the scholars of the empirical research experts he thinks it is not a real legal research but rather this social research, because sixty percent of data needed is field input instead of normatife data and or the library Do normative law, but empirical research will not be able to be expressed purely overall social research, because the contents therein there are several discussions that have been contained between the facts in the community and the rules of Referu and the theory of The law that is written. As well as the kinds and info data authors use in this data namely secondary and Premier. The results of this research show that the target in LPP class II A have been optimal through the formation of pricy, among others education and teaching, sports, art activities, as well as spiritual activities and self-reliance coaching which include Skills such as manufacturing bosara, knitted, sewing, making tissue place as well as vases and as for the obstacles that become natural inhibitory in the LPP class IIA despite the lack of other facilities and infrastructures in the prison and Constraints of lack of outside construction, still requiring cooperation or MOU from outside parties to assist the construction of the target residents.
ANALISIS YURIDIS PERJANJIAN GADAI TANAH MENURUT UNDANG-UNDANG NOMOR. 56/PRP/1960 DI DESA PARASANGANG BERU KECAMATAN TURATEA KABUPATEN JENEPONTO: JURIDICAL ANALYSIS OF LAND PLANT AGREEMENT ACCORDING TO LAW NUMBER. 56 / PRP / 1960 IN PARASANGANG BERU VILLAGE, TURATEA DISTRICT, JENEPONTO DISTRICT Azikin, Elizah; M. Jafar, Juliati; Taba, Hamzah
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

This inquiry is an purpose for studying, knowing, and understand the implementation of the pawn agreement for agricultural land in Parasangang Beru Village Jeneponto District in accordance based on Law Number 56/Prp/1960 and to understand the mechanism for returning the pawn agreement for agricultural land in the village of Parasangang Beru Village Turatea District Jeneponto Regency in accordance with the provisions of Law Number 56. Prp of 1960 concerning Determination of Agricultural Land Area. The inquiry method used is a type of empirical legal research that is a research conducted on the actual situation or real conditions that occur in the field with the intention to find out and find the facts and data that needed, after the required data is collected then leads to identify problems which then lead to problem solving. This researches uses primary data and secondary data which were carried out in Parasangang Beru Village, Turatea District, Jeneponto Regency and this inquiry was also conducted at the ATR Office of the Jeneponto National Land Agency.Data obtained from observations and interviews and analyzed qualitatively that is descriptive. The results show and indicated that of the implementation of agricultural pawning agreements carried out in the village of Parasangang Beru, Jeneponto Regency were not accordance with the provisions in a Article 7 of Law Number. 56/Prp/1960 concerning the Determination of Agricultural Land Areas. 7 years tend to use customary law and do not use Regulation of the Minister of Agriculture and Agriculture No. 20 of 1963 concerning Guidelines for Settlement of Pawn Problems as implementing regulations in completing agreements for pawn objects for agricultural land in the community.
TINJAUAN HUKUM TERHADAP PELAKSANAAN PENGELOLAAN KEUANGAN DESA DI DESA BUNGIN KECAMATAN BOKAN KABUPATEN BANGGAI LAUT PROVINSI SULAWESI TENGAH: LEGAL REVIEW OF THE IMPLEMENTATION OF VILLAGE FINANCIAL MANAGEMENT IN BUNGIN VILLAGE, BOKAN SUB-DISTRICT, BANGGAI LAUT DISTRICT, CENTRAL SULAWESI PROVINCE Robby Putra, Blasius Haryanto; Hasan, Almusawir; Nur, Mustawa
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

This study aims to determine village financial management in Bungin Village in accordance with the Minister of Home Affairs Regulation Number 113 of 2014 concerning Village Financial Management and the obstacles that occur in the implementation of village financial management in Bungin Village. This study used normative and empirical research methods and the data used were primary data and secondary data by interviewing 4 village officials and 5 communities in Bungin Village. The results of this study found that the implementation of village financial management in Bungin Village starting from the planning, implementation, administration and reporting stages was in accordance with Permendagri No. 113 of 2014 concerning Village Financial Management. However, at the accountability stage, Bungin Village did not publish accountability reports to the community. This shows that the financial accountability of villages in Bungin Village is not in accordance with Article 40 Paragraph (1) Permendagri Number 113 of 2014 concerning Village Financial Management. The obstacles in the implementation of village financial management in Bungin Village are inadequate human resources, lack of input from the community, inadequate facilities and infrastructure and late information from the district government regarding village financial disbursements.
PENYIDIKAN TINDAK PIDANA PRAKTEK KEDOKTERAN (MALAPRAKTIK KEDOKTERAN) DI POLDA SULAWESI SELATAN: INVESTIGATION OF CRIMINAL ACTION OF MEDICAL PRACTICE (MEDICAL MALAPRACTIC) IN THE POLICE OF THE SOUTH SULAWESI REGION Astaman; Mas, Marwan; Oner, Basri
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

This study aims to determine the implementation of investigations into medical practice crime (medical malpractice) in the South Sulawesi Regional Police and also know the factors that influence the investigation of medical practice criminal acts in the South Sulawesi region. The study was conducted at the South Sulawesi Regional Police Headquarters (Mapolda Sulsel) Directorate of Special Criminal Investigation, South Sulawesi Regional Police located in Makassar, with the Field Research method by obtaining data by conducting direct research in the field through interviews or direct talks with Investigators, and also Literature Research Method This method is an attempt to obtain secondary data through reading material in the form of scientific writings, legislation, theories of experts through various media. The results of this study indicate the implementation of investigations into medical practice crimes based on Article 5 of the Criminal Procedure Code, Law Number 2 of 2002 concerning the Republic of Indonesia Police, Police Headquarters Exchange Number 6 of 2019 and Regulations on Kabareskrim Number 3 of 2014 plus Law Number 29 of 2004 concerning Medical Practices, Law No 36 of 2009 concerning health, Law Number 36 of 2014 concerning health workers and internal regulations on other medicine for the handling of medical malpractice cases is the basis for investigators and auxiliary investigators perform a series of actions to find 2 legal preliminary evidence, to search for and find criminal acts. or not, the implementation of investigations into medical practice in golongka in very difficult cases that require science-type crame investigation in handling, this case requires many scientific disciplines and many experts who are involved in the disclosure of the case whether it is from medical experts and criminal law , this case is classified as a case that is considered to be a very difficult case.
TINJAUAN HUKUM TERHADAP PELAKSANAAN REDISTRIBUSI TANAH PERTANIAN DI KABUPATEN PANGKAJENE KEPULAUAN: LEGAL REVIEW OF IMPLEMENTATION OF AGRICULTURAL REDISTRIBUTION IN PANGKAJENE KEPULAUAN REGENCY Purnama, Anang Sigit; Makkawaru, Zulkifli; Tira, Andi
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

The purpose of this research is to find out the legal arrangements related to the redistribution of agricultural land in Indonesia and how the implementation of this agricultural land redistribution activity at Pangkajene Kepulauan Regency and to see the related obstacles in its implementation. The empirical juridical approach method is the research method used, and uses nonrandom sampling techniques, which are deliberately chosen with certain parameters. Research with primary data and secondary data that are assessed in quality by separating in the form of sentences that are in harmony with the subject matter being studied. The location of the assessment was carried out at the Pangkajene Kepulauan District Land Office and in the Biraeng Village, Minasatene District and Minasatene Village, Minasatene District. From the research results, it is known that the application of Government Regulation No. 224 of 1961 is not in line with current developments, so with the issuance of Presidential Regulation. Number 86 of 2018, could be a solution in solving cases that occur. Redistribution of Agricultural Land in Pangkajene Kepulauan Regency is well implemented. Although there are obstacles, namely the lack of good coordination between the regional government and the community and the target subject has not been designated as the recipient of agricultural land redistribution activities.
ANALISIS SOSIO-YURIDIS TERHADAP PENGGUNAAN LAMPU UTAMA SEPEDA MOTOR PADA SIANG HARI: SOCIO-JURIDIC ANALYSIS OF USE MAIN LIGHTS OF MOTORCYCLES AT DAYTIME Alif Masselomo, Andi Akhmad; Renggong, Ruslan; Madiong, Baso
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (452.838 KB) | DOI: 10.56326/clavia.v19i1.624

Abstract

This research aims to analyze and comprehend the law enforcement towards motorist that did not turn their main lights on during the daytime motorists refused to turn their main lights on the during the daytime.Secondly,this research purposed to acknowleddge the factors of why during the daytime motorists refused to turn their msin lights on.This research used several methods,consist of interview,uestionnaire,observation considering referred laws. The result of fthis research showed the law enforcement took actions in pre-emptive efforts,preventive efforts,and represie efforts.Howeever,those efforts did not done effectively considering the facts that there are still so many motorists in Makassar refused to turn their main lights on during the daytime.Whereas,the factors are the disagreement of motorists to obey that rules,there are many elements of society that do not understand and comprehend the rules,there law enforcer that still uneffectively wroked,the lack of supporting facilities in enforcing the usage of main lights during the daytime.
ANALISIS PENJATUHAN TINDAKAN TERHADAP ANAK YANG MENGAKSES SISTEM ELEKTRONIK TANPA HAK (STUDI KASUS PUTUSAN NOMOR 52/Pid.Sus-Anak/2019/PN Mks): ANALYSIS OF FOLLOWING ACTION AGAINST CHILDREN ACCESSING THE ELECTRONIC SYSTEM WITHOUT RIGHTS (CASE STUDY DECISION NUMBER 52 / Pid.Sus-Anak / 2019 / PN Mks) Amanda, Fayelixie Keshia; Zubaidah, Siti
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (373.615 KB) | DOI: 10.56326/clavia.v19i1.627

Abstract

This research aims to analyze and comprehend the basic consideration o the judge’s council in penalizing child placement action in Social Welfare Management Agency on Verdict Number 52/Pid.Sus-Anak/2019/PN Mks.Also to acknowledge the elements of children accesing electronic systems without rihgts.Conseuently,research is needed using certain data record’s method,which consist of literature study,documents study,and in depth interview considering referred laws. The research’s result shows that in penalizing child placement action of accesing electronics system without rights,the judge’s council considered education,health,and children’s social rights.the judge’s council considered education,health,and children’s social rights to penalizing action from the lowest to the highest.Judges’consideration arbitres to the reerred crime case taken,the pattern of the crime case,enviromental and family factors.The deportation of the placement in Social Welfare Management Agency is still regarding to justice and humanity. Besides,the elements of crime case of children accesing electronic system without rights,whose in this verdict accused Jepri bin Junaidi;purposely against law elements;accesing computer/electronic system of facebook group LEMBAGA INFO KEJADIAN MAKASSAR KOTA(L-IKMK)Lacapila.com elements;hacking securty system with chronological actions begin with accesing similar Yahoo email account,accesing victim’s facebook group,and sold the group page,as what eplicitely mentioned in Laws of Electronic Information and Transaction.
ANALISIS YURIDIS TINDAK PIDANA PEMILU DENGAN SENGAJA MENYEBABKAN ORANG LAIN KEHILANGAN HAK PILIHNYA: JURIDICAL ANALYSIS OF ELECTION CRIMINAL ACTS INTENTIONALLY CAUSED OTHERS TO LOSE THEIR VOTIONAL RIGHTS Dwi Handoyo, Nanda; Almusawir; Rusli, Muhammad
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.042 KB) | DOI: 10.56326/clavia.v19i1.628

Abstract

This study was intended to find out what factors caused the defendant to commit an election crime in a court ruling number: 973 / Pid.Sus / 2019 / Pn Mksr who had permanent legal force (Inkracht Van Gwijsde), and to find out what was considered by the judge. in imposing criminal sanctions on the defendant. The research method that the author uses is USING primary and secondary data sources through communication / interview techniques and libraries by analyzing data received from juridical normative then concluded descriptively by describing, explained and elaborating about the implementation of law enforcement. The defendant's actions cannot be seen as mere acts of violation of the law, but they have also violated democracy held on the basis of direct, public, free, secret, honest and fair. From the results of research and discussion shows that the factors causing the defendant to commit an election crime are that the defendant removes the voting rights of others by giving citizens invitations to his two grandchildren on the grounds that his grandson does not want to abstain in the 2019 election and the defendant recognizes the act. In their verdict, the judge considered that sanctions were imposed according to the defendant. The judge has acted wisely and discerning by seeing the circumstances that were alleviating and also against the defendant.

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