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VIVA THEMIS- Jurnal Ilmu Hukum dan Humaniora
Published by Universitas Sang Bumi Ruwa Jurai
ISSN : -     EISSN : 25989626     DOI : https://doi.org/10.24967/vt
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Viva Themis: Jurnal Ilmu Hukum [E-ISSN: 2598-9626] is the Journal of Legal Studies published by the Faculty of Law of Universitas Sang Bumi Ruwa Jurai, Lampung, INDONESIA. Its main aim to disseminate critical and original analysis from researchers and academic practitioners on various contemporary legal issues both local and foreign. The manuscript is published after undergoing a peer-review process by providing an exclusive analysis on law issues from various perspectives. This journal published biannually (January and July). The scopes of Viva Themis Novelty are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies in accordance with the principle of novelty.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 1, No 1 (2018): VIVA THEMIS" : 6 Documents clear
POLITIK HUKUM DALAM PEMBANGUNAN HUKUM NASIONAL PASCA AMANDEMEN UNDANG-UNDANG DASAR 1945 Bambang Sugianto
VIVA THEMIS Vol 1, No 1 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (498.997 KB) | DOI: 10.24967/vt.v1i1.141

Abstract

ABSTRACTPolitics of law in the development of national law after the amendment of the 1945 Constitution can be summarized as follows: a) The Birth of the Form of the State of Indonesia is a Unitary State, b) The Form of Indonesian Government is a Republic with a presidential system, c) The State of Indonesia is a State of Law, and ) The structure of the State of Indonesia consists of central government and local government.The central government institutions consist of legislative, executive and judicial institutions in accordance with the theory of separation of power from Trias Politics and also the principle of check and balances among state institutions. While the structure of regional institutions consists only of the legislative and executive institutions with the administration of government based on the concept of autonomy in the form of political decentralization (devolution).In addition, the Amendment of the 1945 Constitution upheld the system of Judicial Power which is in the hands of the Supreme Court in the process of law enforcement. Now the power of imperialism consists of the Supreme Court, Judicial Commission and the Constitutional Court. Including the change of some institutions of the MPR is no longer the institution in order to implement the sovereignty of the people. The executive is no longer the institution that dominates in the formation of the law so that the Checks and Balance process in the political system and constitutional system, is very important because the three restaurants especially the Legislature where all this time in the making of the law is dominated by the executive both the initiative and the endorsement of its legislation.The very basic in the politics of law and post-amendment law development is the democratic system in which the head of state and the head of the region are elected through representation and now the sovereignty is in the hands of the people, as well as the concept of The Rule Of Law State law which guarantees and protects the rights of the people, and a clear separation of powers.
PERLINDUNGAN HUKUM PEKERJA WANITA TERHADAP SISTEM PENGUPAHAN YANG LAYAK SEBAGAI REFLEKSI HUBUNGAN INDUSTRIAL YANG SELARAS DAN SERASI Mirwansyah Mirwansyah
VIVA THEMIS Vol 1, No 1 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (506.897 KB) | DOI: 10.24967/vt.v1i1.146

Abstract

Employment is an incessant constitutional issue The employment cases spread across the country, such as labor strikes due to low wages and benefits not granted or met by the company, termination of employment committed by the company on the grounds efficiency of employment without severance pay, employment for days to be sent out of the country without feeding and daily necessities, fraud of prospective workers by paying some millions of rupiah administration money by fictitious and discriminatory companies against women workers. As one aspect of development, the workforce needs protection in all aspects, including protection of employment at home and abroad, protection of basic rights, protection of occupational safety and health, non-discrimination protection and wage protection and so on. In addition to the remuneration of the worker, in the case of an employer allowance shall be obligated to provide to his workers, as stipulated in the Regulation of the Minister of Manpower No.. 6 Year 2016 on Religious Days Allowance For Workers / Workers in Company. The current labor problem continues to grow especially for women and therefore requires a more serious handling despite the direction and implementation of Law Number. 13 of 2003 on Employment is implicitly existing in providing protection to workers, especially women workers, legal protection efforts are done by prevention (preventive) and repression (repressive). Countermeasures are done by way of socialization to the community, but in its implementation there are still many women workers who do not know and understand the rules that apply. When we look, the existing labor regulations still place the workforce in an unfavorable position. With the various phenomena above, we expect the Law Number. 13 of 2003 on Manpower (hereinafter abbreviated as UUKK) and other regulations may restore the image of Indonesian employment so that the problems of employment can be overcome well which finally creates the protection of women workers law against the proper wage system as a reflection of harmonious and harmonious industrial relations especially the balance between employers and workers.Efforts to protect the law is done by prevention (preventive) and repression (repressive). Handling is done by way of socialization to the community. Although the government has done a lot of actions, but the efforts made by the Indonesian government in the framework of the protection of this workforce has not produced maximum results.
DINAMIKA PENGATURAN TARIF PROGRESIF BAGI PAJAK KENDARAAN BERMOTOR DI WILAYAH PROVINSI BALI Putu Eva Ditayani Antari; Ida Bagus Agung Daparhita
VIVA THEMIS Vol 1, No 1 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (371.508 KB) | DOI: 10.24967/vt.v1i1.140

Abstract

This study examines the impact of government policy of imposing progressive tariff for motor vehicles, as regulated in Act Number 28 Year 2009 on Regional Tax and Levy. The collection of motor vehicle tax is the authority of the provincial government, as one source of local revenue, so this type of tax is regulated both in national law and also delegated in local regulations. The local regulation governs the policy of collecting the motor vehicle tax and the amount of tax rate charged. Bali provincial government as the implementing agency began implementing progressive tariffs for motor vehicles in 2014. In the beginning of implementation phase, the progressive tariff only applied to four-wheeled vehicles, while for two-wheeled vehicles new progressive tariffs enacted in 2016. Furthermore, the rate of progressive tariff charged are also increased in percentage terms compared to the previous period. The impact of this policy implementation reviewed by gathering primary data from UPT Bapenda Bali Province located in Denpasar. The results of this study, generated by using descriptive analysis, indicated that there are various considerations for local government in making changes to the provisions of vehicle tax collection, in order to restrain the growth rate of motor vehicles while increasing local revenue.
DEKONTRUKSI TERHADAP ASAS LEGALITAS, PERIMBANGAN PERLINDUNGAN TERHADAP KEPENTINGAN PELAKU DAN KORBAN TINDAK PIDANA Derry Angling; Yuli Asmara
VIVA THEMIS Vol 1, No 1 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (609.968 KB) | DOI: 10.24967/vt.v1i1.142

Abstract

One of the basic principles of criminal law is the principle of legality. The principle of legality has a very fundamental position and therefore becomes one of the most important principles in the criminal law. This principle, among others, regulates about what and how an action or deed can be categorized as a criminal offense and based on what proposition. The introduction of the legality principle in jurisprudence initially serves normatively to standardize one's behavior so that it can be categorized as a crime (offense) or not. But in its development, the principle of legality is also used as a tool to arbitrarily set legal policies by the authorities. This is between the form of the problem of absolutism of the principle of legality. regarding the process of Decontructuring to the Legality Principle, in relation to the treatment of Protection Balance on the Interests of Criminal Actors and Victims, where the authors will only use Normative legal methodology, that is, to analyze only the literature materials without conducting the hypothesis testing (library research). By reforming the substance of the law, the potential for improving the legal and legal structure of the law becomes systematic and more directed. Among the legal substances that need attention are Legal Legality Principles.From the description and formulation of the author, then the principle of legality has a narrower range and scope is more narrow when compared with the idea nullum crimen sine poena. Legality principle can only be used to demand "mala prohibita", while the idea of "nullum crimen sine poena" can be used to prosecute "mala prohibita", and criminal extra ordinaria.
PENERAPAN HUKUM PIDANA YANG MEMBERIKAN EFEK JERA BAGI PELAKU TINDAK PIDANA SEKSUALITAS Dwi Putri
VIVA THEMIS Vol 1, No 1 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (470.104 KB) | DOI: 10.24967/vt.v1i1.143

Abstract

Sexual crime is an inhumane crime so sanctioning the perpetrators is very important to provide a deterrent effect by upholding the true justice. then that became the subject matter in this writing on the provision of sanctions that provide a deterrent effect for the perpetrators of criminal acts of sexuality. Problem approach using normative juridical approach (legal research). For perpetrators Sexual violence must be given sanctions that create a deterrent effect so that no longer repeat its actions as regulated in the Child Protection Act No. 35 of 2014 on the Change of Child Protection Act No. 23 of 2002. And also the Criminal Code. Law enforcers must be firm in dealing with cases of sexual violence. Sexual violence perpetrators must be punished according to their actions, the perpetrator should also get rehabilitation of his sexual disorders.
PANCASILA AS THE IDEAL OF LAW IN INDONESIAN NATIONAL LEGAL AND RULE OF LAW SYSTEMS Suroto Suroto
VIVA THEMIS Vol 1, No 1 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.256 KB) | DOI: 10.24967/vt.v1i1.144

Abstract

ABSTRACTPancasila serves as an ideology foundation, a way of life, and the one that unites the nation in achieving the ideals of the nation. The position of Pancasila is very important for the life of society, nation, and state so that the status is firmly and clearly stated in the fourth paragraph of the preamble of the 1945 Constitution.The ideal of law of Pancasila in the Indonesian National Legal System (SHNI) is constitutive and regulative in its function to the Indonesian National Legal Rule System (SAHNI) with the norm of State Fundamental. Pancasila establishes the legal norms under it in stages. Lower legal norms are formed based on and derived from higher legal norm. Consequently, there is no conflict between higher and lower legal norms, and vice versa. Pancasila is the source of all sources of law, and should not be broader than the other sources of law. When the Indonesian people interpret it broader than that in their society, nation and state, it is not true.

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