Reformasi Hukum
We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in, such as : Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, and Environmental Law.
Articles
12 Documents
Search results for
, issue
"Vol 21 No 2 (2017): December Edition"
:
12 Documents
clear
<![CDATA[TANGGUNG JAWAB PENGURUS PERSEKUTUAN KOMANDITER (CV) DALAM KEADAAN PAILIT: Ahmad Fauzan Muslim ]]>
<![CDATA[admin, admin]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (399.31 KB)
|
DOI: 10.46257/jrh.v21i2.20
<![CDATA[The one of capital source of Limited Partnership in operating its business is obtained from loan of banking and non banking institution with certain guarantee. If the loan cannot be returned at the fall due and have could to be billed, hence the Limited Partnership can be expressed bankrupt by decision of Commercial Justice. CV is declared bankrupt by the Commercial Court decision, which is legally responsible are complementary ally ally because this should have an obligation to settle all the debts. Allied commanditair responsible only to ally complementary to submit a number of income (article 19 paragraph (1) Commercial code). In other words, a limited partner is only responsible to communion and complementary ally responsible inside or outside the alliance. Debtors are declared bankrupt there is irresponsible to the detriment of creditors and complicate Curator. The purpose of this study’s to know the responsibility of the Guild board Commanditaire if declared bankrupt and to identify any obstacles faced by creditors if the board of the Guild Commanditaire abdicate responsibility in it. Conclusion : (a) Allied complementary (ally active) must account for the alliance came to his personal fortune, while property ally limited partnership (ally passive) inviolability, Where ally complementary greater than one, then the responsibilities involve allies complementary other responsibilities renteng up on private property. (b) The obstacles faced by creditors if the board is not responsible Commanditaire Guild.]]>
<![CDATA[AKTA PELEPASAN HAK PAKAI DALAM PERJANJIAN TUKAR MENUKAR ANTARA PEMERINTAH DENGAN PIHAK SWASTA: Hayyun Indy Kurniawan ]]>
<![CDATA[admin, admin]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (415.578 KB)
|
DOI: 10.46257/jrh.v21i2.21
<![CDATA[The content of the agreement in both the Provincial Government and private parties should clearly indicate the contents of the agreement to be able to obtain their own right. Agreement by the parties can be called the agreement under the arms so that when problems arise in the future, the private sector is quite difficult to prove. The method used in this study is a normative legal research. The result of this research is the Rule of Law Implementation Deed of Waiver to Use Public of the Treaty Swap between the Government and the Private Sector in the release of right to Use Public frequently experience barriers to judicial since the company will acquire the land is not the subject of property rights, so the way to do is by way of a waiver. Once the waiver is done then the land is state land status and continued with rights application filed at the National Land Agency where land was then given to the new rights to guarantee legal certainty.]]>
<![CDATA[WADAH TUNGGAL ORGANISASI ADVOKAT DAN PENGARUHNYA TERHADAP PROFESI ADVOKAT DI INDONESIA: Ilham Fajri ]]>
<![CDATA[admin, admin]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (424.869 KB)
|
DOI: 10.46257/jrh.v21i2.22
<![CDATA[The impact of the PERADI split affected the appointment of a new advocate in which each of the camps felt entitled to inaugurate an advocate. Then on the split was issued Letter of Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015 on Shedding Advocate. Letter of Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015 concerning Advocate Slaughter issued on September 25, 2015 in its essence states that any advocate organization which can initiate the taking of oath or promise must meet the requirements as stipulated in Law Number 18 Year 2003 on Advocates. Therefore, PERADI is no longer a single container as mandated by Law No. 18/2003 on Advocates This study aims to discover the dynamics of the establishment of a single forum of advocate organizations and their influence on the advocate profession and its legal impact. The approach used in this study using normative juridical approach is the method of legal research conducted by examining the library materials or secondary materials.]]>
<![CDATA[PERBANTUAN SATUAN POLISI PAMONG PRAJA DALAM EKSEKUSI TANAH NEGARA YANG DIKUASAI WARGA: Munir Wadi ]]>
<![CDATA[admin, admin]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (424.03 KB)
|
DOI: 10.46257/jrh.v21i2.23
<![CDATA[The authority of the Civil Service Police Unit to control and ensure the execution of these duties is orderly and conducive, for its implementation it is necessary repressive action to be able to discipline if there are other parties that apply to it. A civil service police unit whose authorities are almost identical to that of the Police as a centralized apparatus in cases of execution and other cases. If more functions and roles of the Civil Service Police Unit, especially in the act of execution of land, different roles are different from the functions that exist in the Legislation function and the role of Satuan Pamong Praja Police Unit is needed by the community in creating a sense of spirit and order for community life itself Based on the Local Regulation. The countries controlled by the Civil Service Police Unit shall be assisted in the exercise of authority for the first time through the decree of the Governor and the second on the assistance of the execution of the decisions made on the instruction of the execution order delivered to the head of the Kota Pamong Praja City Police Unit.]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN PIDANA PENJARA MELEBIHI KETENTUAN PIDANA MAKSIMUM: Risca Agustin ]]>
<![CDATA[admin, admin]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (507.907 KB)
|
DOI: 10.46257/jrh.v21i2.24
<![CDATA[In each judge's decision, it should exist the consideration as the reason from the decision taken. In executing the decision, it should be based on the applicable legislation rules. The supreme court in rate an appeal can cancel a verdict or determination of the courts who located within the judicial underneath by the reasons, namely: not authorised or going beyond the authority, any apply or breaking the law and neglectful meeting requirements required by the law and the rule threatening omission of that decision which is cancelled. The method of this research is a yuridicial normative. This research attempts to know whether the judge consideration in a verdict MA No. 52 K/ Pid.Sus/ 2013 about corruption exceeding the maximum imprisonment, to find out the judicial decision that exceeds criminal maximum in accordance with the regulations. The result in this study is the decisions of the supreme court No. 52 K/ Pid.Sis/ 2013 in which the judge consideration supreme court is the decision on the high court in line with the rule of legislation. Whereas, supreme court judges rejected an appeal that proposed by Gayus H.P Tambunan. the decisions are inflected by a judge that should be based on the rules that has been set up in legislation. The length of an imprisonment that must be lived for 30 years in which it was not in accordance with legislative's regulation article 12 the book of the act of criminal law governing the length of an imprisonment during a certain time certainly may not exceed twenty years.]]>
<![CDATA[PEMBERIAN HAK HADHANAH YANG DIBERIKAN OLEH AYAH BAGI ANAK YANG BELUM MUMAYIZ AKIBAT TERJADINYA PERCERAIAN MENURUT PERSPEKTIF HUKUM ISLAM: Wafda Lyinna ]]>
<![CDATA[admin, admin]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (524.735 KB)
|
DOI: 10.46257/jrh.v21i2.25
<![CDATA[The purpose of this study is to: (a) obtain a description of the right of the father to the unmarried children due to the divorce according to the perspective of Islamic law, (b) To obtain an explanation of the position of the child according to Law Number 1 of 1974 and Islamic law, and (c) To obtain an explanation of the legal consequences of a father who fails to perform his obligations in the care of a child who has not been mumayiz due to divorce under Islamic law. This research used normative juridical methods. Research Results: There are no verses of the Qur'an and the hadith that expressly stipulates the gift of hadhanah given by the father to the unmarried child, as described in Article 105 letter (a) stating that the maintenance of a child who has not been mumayiz or 12 years of age is her mother's right. However, in solving divorce cases the writers adopt the basis of law Article 41 letter a Act Number 1 Year 1974 About Marriage. The judge uses the method of problem-solving maslahah al-mursalah. The position of a child in Islam is very high and noble. The Qur'an and Hadith do not explain and explain in detail about the legal consequences of a father who does not perform his obligations in the care of a child who has not been mumayiz due to the divorce. Conclusion: (a) When there is a dispute in the household should be settled by way of peace and deliberation first, and (b) Judge in deciding a matter, to be more professional and clinging to the Qur'an, the Prophet's Sunnah.]]>
<![CDATA[TANGGUNG JAWAB PENGURUS PERSEKUTUAN KOMANDITER (CV) DALAM KEADAAN PAILIT: Ahmad Fauzan Muslim ]]>
<![CDATA[admin, admin]]>;
<![CDATA[Hariz Hamdallah, Muhammad Andika]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.46257/jrh.v21i2.20
<![CDATA[The one of capital source of Limited Partnership in operating its business is obtained from loan of banking and non banking institution with certain guarantee. If the loan cannot be returned at the fall due and have could to be billed, hence the Limited Partnership can be expressed bankrupt by decision of Commercial Justice. CV is declared bankrupt by the Commercial Court decision, which is legally responsible are complementary ally ally because this should have an obligation to settle all the debts. Allied commanditair responsible only to ally complementary to submit a number of income (article 19 paragraph (1) Commercial code). In other words, a limited partner is only responsible to communion and complementary ally responsible inside or outside the alliance. Debtors are declared bankrupt there is irresponsible to the detriment of creditors and complicate Curator. The purpose of this study’s to know the responsibility of the Guild board Commanditaire if declared bankrupt and to identify any obstacles faced by creditors if the board of the Guild Commanditaire abdicate responsibility in it. Conclusion : (a) Allied complementary (ally active) must account for the alliance came to his personal fortune, while property ally limited partnership (ally passive) inviolability, Where ally complementary greater than one, then the responsibilities involve allies complementary other responsibilities renteng up on private property. (b) The obstacles faced by creditors if the board is not responsible Commanditaire Guild.]]>
<![CDATA[AKTA PELEPASAN HAK PAKAI DALAM PERJANJIAN TUKAR MENUKAR ANTARA PEMERINTAH DENGAN PIHAK SWASTA: Hayyun Indy Kurniawan ]]>
<![CDATA[admin, admin]]>;
<![CDATA[Hariz Hamdallah, Muhammad Andika]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.46257/jrh.v21i2.21
<![CDATA[The content of the agreement in both the Provincial Government and private parties should clearly indicate the contents of the agreement to be able to obtain their own right. Agreement by the parties can be called the agreement under the arms so that when problems arise in the future, the private sector is quite difficult to prove. The method used in this study is a normative legal research. The result of this research is the Rule of Law Implementation Deed of Waiver to Use Public of the Treaty Swap between the Government and the Private Sector in the release of right to Use Public frequently experience barriers to judicial since the company will acquire the land is not the subject of property rights, so the way to do is by way of a waiver. Once the waiver is done then the land is state land status and continued with rights application filed at the National Land Agency where land was then given to the new rights to guarantee legal certainty.]]>
<![CDATA[WADAH TUNGGAL ORGANISASI ADVOKAT DAN PENGARUHNYA TERHADAP PROFESI ADVOKAT DI INDONESIA: Ilham Fajri ]]>
<![CDATA[admin, admin]]>;
<![CDATA[Hariz Hamdallah, Muhammad Andika]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.46257/jrh.v21i2.22
<![CDATA[The impact of the PERADI split affected the appointment of a new advocate in which each of the camps felt entitled to inaugurate an advocate. Then on the split was issued Letter of Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015 on Shedding Advocate. Letter of Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015 concerning Advocate Slaughter issued on September 25, 2015 in its essence states that any advocate organization which can initiate the taking of oath or promise must meet the requirements as stipulated in Law Number 18 Year 2003 on Advocates. Therefore, PERADI is no longer a single container as mandated by Law No. 18/2003 on Advocates This study aims to discover the dynamics of the establishment of a single forum of advocate organizations and their influence on the advocate profession and its legal impact. The approach used in this study using normative juridical approach is the method of legal research conducted by examining the library materials or secondary materials.]]>
<![CDATA[PERBANTUAN SATUAN POLISI PAMONG PRAJA DALAM EKSEKUSI TANAH NEGARA YANG DIKUASAI WARGA: Munir Wadi ]]>
<![CDATA[admin, admin]]>;
<![CDATA[Hariz Hamdallah, Muhammad Andika]]>
<![CDATA[ Reformasi Hukum Vol 21 No 2 (2017): December Edition ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.46257/jrh.v21i2.23
<![CDATA[The authority of the Civil Service Police Unit to control and ensure the execution of these duties is orderly and conducive, for its implementation it is necessary repressive action to be able to discipline if there are other parties that apply to it. A civil service police unit whose authorities are almost identical to that of the Police as a centralized apparatus in cases of execution and other cases. If more functions and roles of the Civil Service Police Unit, especially in the act of execution of land, different roles are different from the functions that exist in the Legislation function and the role of Satuan Pamong Praja Police Unit is needed by the community in creating a sense of spirit and order for community life itself Based on the Local Regulation. The countries controlled by the Civil Service Police Unit shall be assisted in the exercise of authority for the first time through the decree of the Governor and the second on the assistance of the execution of the decisions made on the instruction of the execution order delivered to the head of the Kota Pamong Praja City Police Unit.]]>
