cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Sardjana Orba Manullang
Contact Email
somanullang@unkris.ac.id
Phone
+6281380287222
Journal Mail Official
okisumiyanto@unkris.ac.id
Editorial Address
Jalan Kampus UNKRIS, Jatiwaringin, Pondok Gede, Bekasi
Location
Kota bekasi,
Jawa barat
INDONESIA
Justice Voice
Published by Universitas Krisnadwipayana
ISSN : 2715243X     EISSN : 29626226     DOI : 10.37893/jv
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Justice Voice diterbitkan oleh Prodi Doktor Ilmu Hukum Universitas Krisnadwipayana. Naskah jurnal memuat beberapa kajian dan review dari disiplin ilmu hukum, termasuk hukum pidana, hukum perdata atau hukum bisnis, dan hukum tata negara. Selain itu, jurnal tersebut juga memuat beberapa kajian hukum dalam arti yang lebih luas. Jurnal ini terbit secara berkala dua kali setiap tahun, yaitu pada bulan Juni dan Desember. Artikel yang telah disetujui dan siap diterbitkan akan dipublikasikan secara berkala di laman OJS yang dapat diunduh secara gratis.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
 1   2   3   4 
Prohibition of Concurrent Position of Commissioner of State-Owned Enterprises Reviewed Under Indonesian Business Competition Law Geodewa, Darcyando
Justice Voice Vol. 2 No. 1 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i1.393

Abstract

One of the assessments of the dominant position of a business actor can be conducted based on the affiliation relationship of the business actor with other business actors, where the affiliation relationship regulated in Law of the Republic of Indonesia Number 5 Year 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition is concurrent positions and cross-shareholdings. Concurrent positions are prohibited when a person holds positions as directors or board of commissioners in two or more companies at the same time, where the companies are in the same relevant market, have close links in the type and/or field of business, or together can control the market share of certain services and/or goods. Legal issues regarding the concurrent position of members of the board of commissioners of BUMN arose during the enactment of Permen-BUMN PER-10/MBU/10/2020, which allows members of the board of commissioners of BUMN to hold concurrent positions under certain conditions. This is normative legal research that examines the prohibition of concurrent positions of BUMN commissioners in terms of business competition law in Indonesia.
Monopoly Practice of PT. Carrefour Indonesia After Acquiring The Shares of PT. Alfa Retailindo: Study of KPPU Decision Number 09/KPPU-L/2009 Kabul, Kuirinus; Haryanto, Hendra; Kusumadewi, Yessy
Justice Voice Vol. 2 No. 1 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i1.395

Abstract

The study of The Decision of KPPU Number 09/KPPU-L/2009 to obtain an overview of the reasons for the KPPU to decide that Carrefour has committed monopolistic practices and the legal impact of the decision. By using the juridical research method, that is examining the KPPU’s decision to obtain data on the KPPU’s reasons for stating that PT. Carrefour Indonesia (hereinafter referred to as Carrefour) has committed monopolistic practices and unfair business competition. Where after the acquisition of PT. Alfa Retailindo shares, Carrefour managed to control the market by 57.999% and to achieve this position, Carrefour implemented various market entry barriers. Other business actors cannot enter the relevant market. Such barriers may include the imposition of different entry fees from one company to another. Because Carrefour was found guilty, the KPPU ordered that Carrefour must return Alfa’s shares. The problem is that Law Number 5 Year 1999 does not have provisions governing the mechanism for returning the shares. Thus, KPPU should amend Law Number 5 Year 1999 specifically related to the mechanism for returning shares resulting from acquisitions.
Analysis of the Effectiveness of Tax Amnesty Policy Implementation According to Law Number 11 Year 2016 Wulan, Chandra; Ahmad, Suparji; Lutfi, Anas
Justice Voice Vol. 2 No. 1 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i1.494

Abstract

Tax amnesty is a tax write-off that is actually owed without being subject to tax administrative sanctions or criminal sanctions in the field of taxation. Based on Law Number 11 of 2016, tax amnesty is the elimination of taxes that should be owed, not subject to tax administrative sanctions and criminal sanctions in the field of taxation, by declaring assets and paying ransom. The research method used is normative juridical research. The data in this research emphasizes statutory norms that are relevant to the problems of this research. The results of this study indicate that the non-compliance of tax coverage in paying taxes does not escape the sense of public trust in the government. The author argues that the government must be able to be more solutive to increase public tax payments from year to year, where the success of tax payments can effectively accelerate national development by considering the mandate of Pancasila related to social justice for all Indonesian people.
Legal Effects of the Ratification of the Job Creation Law on the Existence of Psychics and Shamans as Medical Personnel Yustisia, Andaru Puspa
Justice Voice Vol. 2 No. 1 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i1.689

Abstract

Law Number 11 of 2020 is an Omnibus law, namely by simplifying amendments or even revoking a number of regulations and laws that were previously in force in order to harmonize existing rules, and codified simply in one law, namely the Job Creation Law. In this case, it will be raised regarding the juridical implications of the ratification of the Job Creation Law on the existence of psychics and traditional healers as medical workers. The research method used in this research is the use of a normative juridical approach and the data used as a data source in this research is secondary data through literature study. The inclusion of psychics as medical personnel in the omnibus law has sparked controversy in the community because the recognition of psychics in the law by the state in this context is considered to equalize professional medical personnel such as doctors with psychics. In addition to paranormals, the community also focused on the inclusion of traditional birth attendants as providers of medical health services. In the omnibus law, TBAs are listed along with midwifery, which has drawn cons, especially from midwives themselves.
Law Enforcement of Single Traffic Accidents Causing Death and Injury of Passengers Zapetri, Novita; Amiq, Bachrul; Prawesti, Wahyu
Justice Voice Vol. 2 No. 1 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i1.720

Abstract

The high number of accidents in Indonesia is one of the impacts of the lack of awareness of road users and road transportation providers in maintaining traffic order and road transportation security. Services that are safe, secure, orderly, smooth, and integrated with other modes of transportation can boost the national economy, advance public welfare, strengthen national unity, and be able to uphold the dignity of the nation. This study aims to analyze law enforcement by police officers in single traffic accidents that cause passengers to die and the responsibilities of drivers and the Otobus Company (PO) to victims. The method uses normative legal research with a statutory approach and the concept of law enforcement. The research shows that the maximum punishment imposed on the perpetrators of traffic crimes normatively can be explained by the relatively low maximum punishment ranging from one year to five years and until now the legal basis for capturing the perpetrators of traffic crimes still depends on the Criminal Code inherited from the Dutch Colonial Government. Law enforcement by police officers with the investigation and investigation of criminal cases in the case of a single accident experienced by the suspect on the toll road ensnares the Road Traffic and Transportation Law (LLAJ Law). Drivers and POs are responsible for victims by providing compensation to accident victims following the LLAJ Law by not removing or reducing criminal liability.
Hans Kelsen’s Nomostatics and Nomodinamics Legal Theory Arimba, Cahya Iradi
Justice Voice Vol. 2 No. 2 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i2.773

Abstract

Hans Kelsen is a famous figure in the positivist school, which puts forward the concept of pure law (the pure theory of law) in the concept Hans Kelsen provides two legal theories, namely static law (nomostatics) and dynamic law (nomodinamics). The purpose of this research is to understand the two legal theories put forward by Hans Kelsen, about static and dynamic law. The method used in this research is the normative juridical method with secondary legal materials in the form of books and journals that have a relevant research focus. Nomostatics legal theory is the law as a system of norms that apply, law in its resting state while nomodynamics legal theory is the process when the law is created and applied and the law is in running condition. In using a legal theory as a basis for making a law, it is necessary to be as clear as possible about the theory in the hope that the legal theory remains relevant for the next few years so that a legal theory truly follows its purpose, namely to know legal acts and to assess these acts. A legal theory is not always perfect in terms of its relevance to the times.
Analysis of the Supreme Court Decision that Canceled the Decision of the Jakarta Commercial Court in the PKPU Case of PT Asuransi Jiwa Kresna Asri, Meidi; Noerhadi, Cita Citrawinda; Mardani, Mardani
Justice Voice Vol. 2 No. 2 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i2.787

Abstract

This study aims to analyze 1) the Judge’s legal considerations in granting the application for Postponement of Debt Payment Obligations (PKPU) against PT Asuransi Jiwa Kresna filed by Policyholders, 2) the suitability of Decision Number 647 K/Pdt.Sus-Bankruptcy/2021 dated June 8, 2021, with Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Normative juridical research with a statutory approach and case approach. Primary and secondary legal data are analyzed by concluding a general problem to the concrete problem at hand. The results showed that 1) The Panel of Judges granting PKPU applications in civil procedural law must be proven by the parties to civil litigation, not the law, but the event or legal relationship. In civil cases, the judge must conduct an assessment of the events submitted by the litigants, and then separate which events are important and which are not important. It is the important events that must be proven. The means of evidence include written letters, evidence by witnesses, and presumptive evidence. 2) The conformity of Decision Number 647 K/Pdt.Sus-Bankruptcy/2021 with Law Number 37 of 2004 concerning Bankruptcy and PKPU in this case, which is a bankruptcy case, follows the procedure for civil proceedings in general. However, evidence was provided simultaneously with the submission of the application to the clerk. The evidence was that the transactions carried out by the respondent were not following the homologation agreement, regardless of whether the debt owed by the respondent to the applicant was paid off.
Law Enforcement in Medical Malpractice Cases in The Protection of Doctors’ Rights: Case Study Tonsil Surgery Causing Brainstem Death in a Child Patient Putri, Anggya Nurmala; Sigalingging, Bagas Pratama; Yusnita, Ummi
Justice Voice Vol. 2 No. 2 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i2.824

Abstract

This study aims to determine the regulations related to the protection of the professional rights of a doctor who is often suspected of committing medical malpractice in carrying out health services. In this study, the author analyzes the rules of malpractice based on positive law in Indonesia, then the author analyzes the liability carried out by the doctor’s profession in suspected malpractice in this study the author takes a case study related to tonsil surgery which caused BA’s child patient to experience brain death at the Kartika Husada, Bekasi Hospital. The method used by the author in this research uses normative or dogmatic research methods, which use documents laws, and regulations related to the issues studied and secondary data sources in the form of books and related journals. The results of the research in this case study conclude that there is no single rule that protects the rights of a doctor who is accused of committing malpractice, neglecting these rules only protects the interests of the patient, then the responsibility for the accusation of malpractice must go through the process of proof first, by the provisions of the elements of malpractice both in terms of criminal and civil law, and based on the case study that has been researched by the author, it is concluded that the efforts in dispute resolution made by the family of BA’s child patient who has died, are appropriate with the family by withdrawing the police report and carrying out peaceful efforts in the form of mediation with the hospital.
Obstacles in the Implementation of Online Loans in Indonesia (Based on Protection Law Consumer) Sigalingging, Bagas Pratama; Putri, Anggya Nurmala; Yusnita, Ummi
Justice Voice Vol. 2 No. 2 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i2.825

Abstract

Online loans are platforms that allow individuals or businesses to apply for and obtain loans over the internet. Online loans offer convenience and accessibility. However, there are also illegal online loans that are harmful to their users. This is the background for the emergence of two problem formulations, namely how legal regulations governing the practice of online loans and how consumer legal protection in online loans. The research method used is normative juridical. The results found that Financial Services Authority (Otoritas Jasa Keuangan/OJK) as the responsible authority has issued Financial Services Authority Regulations (Peraturan Otoritas Jasa Keuangan/POJK) No. 77/POJK.01/2016 on Information Technology-Based Money Lending and Borrowing Services. However, the implementation and effectiveness of this regulation is still a big challenge. Many online lending platforms operate without a license and ignore the applicable regulations, thus posing a high risk to consumers. Recipients of online loans can be said to be consumers because they are users of a service. In this case, online loan services, consumer protection has been regulated in Law No. 8 of 1999 of Consumer Protection, and regarding consumer protection in online loans has also been regulated in POJK No. 77/POJK.01/2016 and Bank Indonesia Regulation No. 3 of 2023 on Bank Indonesia Consumer Protection, although there are already regulations governing online loan consumers, online loan consumer protection is still a problem because many illegal online loans are always looking for loopholes and circumvent existing regulations.
Freedom of Expression in the Digital Age: Can Hacking Government Websites Be Justified? Saputra, Ricky
Justice Voice Vol. 2 No. 2 (2023): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v2i2.949

Abstract

In today’s internet era, hacking the official government website has become a controversial event that raises questions about the limits of freedom of expression. This article examines the debate surrounding the hacking of government websites as a form of online expression. In the virtual world, individuals or groups can express their opinions, express their dissatisfaction, or criticize the government. However, the hacking of official government websites has become something interesting to discuss. In situations where groups or individuals convey their messages or protest online, these actions can be regarded as a form of freedom of expression. On the other hand, it can be seen as a threat to cybersecurity and the integrity of government institutions. This research aims to give a better understanding of the complexity of the problem by dealing with it from different perspectives. It also aims to provide a basic understanding for a deeper discussion of the limits of freedom of expression in the virtual world. The results of this research are expected to help the parties involved in making policies, which allow people to speak online while maintaining the cybersecurity and the integrity of government agencies.

Page 2 of 4 | Total Record : 35

 1   2   3   4 

Filter by Year

2022 2025


Reset
Filter By Issues
All Issue Vol. 4 No. 1 (2025): Justice Voice Vol. 3 No. 2 (2024): Justice Voice Vol. 3 No. 1 (2024): Justice Voice Vol. 2 No. 2 (2023): Justice Voice Vol. 2 No. 1 (2023): Justice Voice Vol. 1 No. 2 (2022): Justice Voice Vol. 1 No. 1 (2022): Justice Voice