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Lex Journal : Kajian Hukum dan Keadilan

hukum
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Published by Universitas Dr. Soetomo Surabaya

ISSN : 25812033 EISSN : 25809113 DOI : https://doi.org/10.25139/lex.v6i2

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for law and justice observers in their contribution to the development of law. Editors accept independent writings which can be in the form of articles, studies, and research results related to the field of law and justice, in Indonesian and English according to the writing style.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 104 Documents

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AKAD MUDHARABAH DALAM PERBANKAN SYARIAH Astutik, Sri
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 1 (2017): July
Publisher : Faculty of Law, University of Dr. Soetomo

Sharia Bank has the function of collecting funds from the community and channeling funds to the public. One of the contracts used in the transaction is done by Mudharabah contract. Mudharabah is a business cooperation between two parties where the first party (shahibul maal) provides all capital, while the other party becomes the manager (mudharib). Making Mudharabah Agreement as part of Muamalah can be modified in accordance with the times and adjust to the needs, however, making mudharabah contract in sharia banking must still fulfill the principles of sharia.

INDEPENDENSI KEKUASAAN KEHAKIMAN DARI PENGARUH KEKUASAAN DI INDONESIA Borman, M. Syahrul
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 1 (2017): July
Publisher : Faculty of Law, University of Dr. Soetomo

The freedom of Judges based on the independence of Judicial Power in Indonesia is guaranteed in the Constitution of Indonesia, namely the 1945 Constitution, which is further implemented in the Law on Judicial Power. Thus the judicial power must be free and impartial, it will only be realized if it is subject to the rules of law in force. If the judicial power does not maintain the proper distance with the political institutions that exist within a country, then it will lose its legitimacy and its presence in a country becomes meaningless.Keywords: Judicial power is free from political intervention

RELASI NEGARA DAN AGAMA Hufron
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 1 (2017): July
Publisher : Faculty of Law, University of Dr. Soetomo

Basically the normative judical of the State Administration System of the Republic of Indonesia after the amandement of the 1945 Constitution relating to the regulation of the relationship between the State and Religion is sufficient and meaningful, beginning in the Preamble to the 1945 Constitution, and the articles in the body, starting Article 9, Article 22 D, Article 24 Paragraph (2), Article 28E Paragraph (1), Article 28J Paragraph (2), Article 31 Paragraph (3) and (5) of the 1945 Constitution. At the practical level, the dynamics of State and Religious Relation Post-Change of 1945 Constitution shows a more dynamic relationship and harmonious, the existence of symbiotic-mutualism between the role of the Government of Indonesia and Religion in realizing the goals of the state government as stated in the Preamble of the 1945 Constitution. This is proven factually in the Indonesian constitutional practice there are various laws and regulations that base or adopt the values of the substance of Islam. Such as Marriage Law, Zakat Law, Religious Judicature Law, Wakaf Law, Haj Administration Law, Sharia Banking Law, State Sharia Securities Law and the birth of various Regional Regulations (Perda) based on Shariah (qonun) in the current era of regional autonomy Keywords: Religion, State, State System

PENERAPAN PRINSIP 5C DALAM PEMBERIAN KREDIT SEBAGAI PERLINDUNGAN BANK Wahyuni, Niniek
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 1 (2017): July
Publisher : Faculty of Law, University of Dr. Soetomo

Provision of credit to Debtor's customers may result in loss or risk to the bank as creditor if the underlying matters are ignored. To gain confidence and protect the interests of the bank, the bank must make a careful assessment of the nature, capability, capital, collateral and business prospects of the debtor's customers, known as "5C". But in practice the application of 5C principle analysis has not been implemented maximally, even there is a tendency of banks to provide ease of requirements to the debtor's customers, because of the target that must be fulfill by bank.Keywords: Principle 5C. Credit, Bank Protection.

PERENCANAAN PEMBANGUNAN NASIONAL MODEL GBHN Marwiyah, Siti
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 1 (2017): July
Publisher : Faculty of Law, University of Dr. Soetomo

The idea of reviving the National Guidelines of State Policy (GBHN) rests on the assumption that development in Indonesia is uncertain or unplanned. This paradigm resulted in the development of no or less on target and failed to show its maximum.

PENEGAKAN HUKUM DALAM SISTEM PERADILAN PIDANA BERAZASKAN PANCASILA Soekorini, Noenik
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 1 (2017): July
Publisher : Faculty of Law, University of Dr. Soetomo

The enforcement of criminal law starts from the legislative body that is the legislative body that makes the law and determines the norms in the form of orders and prohibitions. The legislation made by this legislative body can reflect the existence of the values of justice desired by the principle of Pancasila that is civilized or dignified justice. Criminal law enforcement is also done by the judiciary. That is the application of criminal law in the form of law by law enforcement officers either ranging from the police level to the courts. They are concrete justice enforcers. And the last is related to facilities and infrastructure that support the policy for criminal law enforcement. The process of criminal law enforcement can be effective if there is a harmony relationship starting from the investigation / investigation process at the police, prosecutor / prosecutor level until the court process and ending with the judges verdict. The legislator in this case is the legislative must be able to make regulations that can be implemented in the field. Law enforcers in carrying out their duties must be able to work professionally so as to create a sense of justice for the parties both for the perpetrator and for the victim of the crime.

UNSUR DAPAT MERUGIKAN KEUANGAN NEGARA ATAU PEREKONOMIAN NEGARA PADA PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI Serbabagus, S.
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 1 (2017): July
Publisher : Faculty of Law, University of Dr. Soetomo

The existence problem of corruption in Law Number 31 Year 1999 as amended by Law Number 20 Year 2001 is the formulation of element "may harm the state finance or state economy" in Article 2 paragraph (1) and article 3 which causes the emergence of The debate on understanding the word "can harm" it. The purpose of writing in this is to know the qualification of elements can harm the state finance or the state economy on corruption crime as well as to know the proof of the element can harm the state finance or state economy on corruption criminal law. From the main result of writing can be concluded that Element "can harm state finance or state economy" represent potential loss of state finance or state economy in order to fulfill the element "may harm the state finance or state economy" does not necessarily have suffered losses, but the element of state losses must still be proven and must be calculated, although as an estimate or though it has not yet occurred and the calculation shall be determined by the expert.

Jaminan Konstitusionalitas Hak Asal Usul Masyarakat Hukum Adat di Sumatera Barat Taufik, H. Ilhamdi; Alia, Muhammad Ikhsan
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 2 (2017): December
Publisher : Faculty of Law, University of Dr. Soetomo

Post-authoritarian Indonesia guaranteed the protection of Indegeneous People are accelerated on behalf of Indonesian Constitution UUD NRI 1945. Coherently, the Constitution obligated the government to emerged an effective and comprehensive regulation to protect traditional ethnic alongside their cultural rigjhts. As the consequences, state obligated all stakeholder included local government to reformulate legal platform as the implementation of UUD 1945 mandate. In the historical and political aspect, existence of in degeneous people is settled long time before the official declaration of state. Indegeneous people not only served as one of prequisite requirement of human rights implementation. However, based on historical context recognition of indegeneous people has been decreased recently. It is caused by the economic development that sometimes impacted the territorial of indegeneous people itself. Furthermore, the assimilation process of indegeneous people and “new-comer” citizen has limited the space for indegeneous people to conduct their ritual as cultural-religious community. The main puzzle to be elaborated in this research are how UUD 1945 maintain the constitutional protection to indegenous people. Secondly, how the implementation of constitutional protection over indegeneous people in Indonesia. This research suggested constructive advices to overcome the problem. Firstly, emerging recognition and protection over indegeneous people through sincronization of state and local government regulation. Secondly, this research urging the government to sttle a legal platform for conflict resolution among indegeneous people and between indegenous people and government.

Perlindungan Hukum Atas Perbedaan Luas Faktual Dengan Surat Ukur Pada Sertifikat Hak Atas Tanah Hastungkara, Atindriya
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 2 (2017): December
Publisher : Faculty of Law, University of Dr. Soetomo

This journal is entitled Legal Protection of Actual Land Differences With Land Rights Certificate. This journal examines the function of the letters in the registration of land rights and how the legal safeguards for the holders of land rights in terms of factual land differences with the letters on the land certificate. The type of research used is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced in accordance with the characteristics of prescriptions of jurisprudence. This normative legal research is a procedure and way of scientific research to find the truth based on the logic of science in terms of normatifnya. So that it can answer the legal issues posed. Further said in doing research law. Approach to the problem of statutory approach (Statute Approach) based on the Act, conceptual approach (Conceptual Approach) based on theories and concepts, and the case approach (Case approach).

Kajian Yuridis Organisasi Masyarakat Pada Komitmen Kehidupan Bermasyarakat dan Bernegara di Wilayah NKRI Cornelis, Vieta I
Lex Journal: Kajian Hukum & Keadilan Vol 1 No 2 (2017): December
Publisher : Faculty of Law, University of Dr. Soetomo

Freedom of association to gather and express opinion is apart of human rights in the life of nation and state in the country of Indonesia.The consept of article 1 act 2 UUD 1945 opens space of consequences which is the principle of democracy and law.The law is represented by law and repsentative democracy by the sovereignty of the people,it means that in the implementation of all the life of the state,democracy plays an important role for the state process.The amendment reforms clearly put the issue of appreciation for community organizatio. Then finally develoved the right of other rights,which then regulted more clearly in the article that has been amnademen article but still on the commitment that still run by the Law on conition that the destination of the country committed NKRI is the price of death.

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Sri Astutik

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Editorial Address
Jl. Semolowaru no 84, Surabaya 60283 Jawa Timur, Indonesia Telp: (031) 592 5970 Fax: (031) 593 8935

Location
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Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sri Astutik

Contact Email rio.unitomo@gmail.com

Phone +628123137066

Journal Mail Official rio.unitomo@gmail.com

Editorial Address Jl. Semolowaru no 84, Surabaya 60283 Jawa Timur, Indonesia Telp: (031) 592 5970 Fax: (031) 593 8935

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sri Astutik

Contact Email
rio.unitomo@gmail.com

Phone
+628123137066

Journal Mail Official
rio.unitomo@gmail.com

Editorial Address
Jl. Semolowaru no 84, Surabaya 60283 Jawa Timur, Indonesia Telp: (031) 592 5970 Fax: (031) 593 8935

Location
Kota surabaya,

Jawa timur

INDONESIA