Lex Journal : Kajian Hukum dan Keadilan
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.
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<![CDATA[SENGKETA YERUSALEM ANTARA PALESTINA DAN ISRAEL ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i1.1018
<![CDATA[US Presidential Decree Donald Trump announces the recognition of Jerusalem as the capital of Israel has sparked curses, criticism and opposition from various parties. The question arises as to what constitutes Trump's decision and what its impact on the world. What is the history behind the Jerusalem City dispute between Palestine and Israel. The question continues to emerge from various circles of people in the world. Why not? Donald Trump's statement unilaterally stated that Jerusalem became the capital of Israel, reaping many reactions. The final status of Jerusalem has always been one of the most difficult and instilling sensitive questions in the Israeli and Palestinian conflict. If the US declares Jerusalem as the capital of Israel, it seems to answer the question unilaterally. In fact, the issue will clash with the international consensus on the holy city. Recognizing Jerusalem as the capital of Israel is also one step ahead to move the US Embassy from Tel Aviv to Jerusalem which further strengthens Israel's sovereignty over the city. The transfer of US Embassy to Jerusalem could have been easy because the US also placed its consulate in Jerusalem, while the embassy building was in Tel Aviv. However, it is not as easy as turning the palm of the hand. Keyword : Israel, Palestina, Sengketa]]>
<![CDATA[ANALISIS YURIDIS PELUANG PARTISIPASI DESA ADAT DALAM PEMBENTUKAN HUKUM ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i1.1019
<![CDATA[The Participation formation of the law to be understood as law formation that involving the community in every stage process. Within formation of the law to involve formal actor and non formal actor. Formal actors are executive, legislative and judicative. Non formal actors are the communities and desa adat. In this research will be explained arrangement of the desa adat participation opportunity and the stage of desa adat participation. The research uses normative legal methods with statue approach and legal hermeneutic approach. The results of the research show that there is a clear arrangement about opportunities participation of desa adat in law formation. Arrangement opportunities participation in legal instruments have fulfilled the purpose of law and also philosophy, sociology and juridical. The forming of desa adat opportunities participation within law formation be at stage of ante legislative, legislative and post legislative.Keywords : Opportunity, Participation, Desa Adat, Formation of law.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP NOTARIS ATAS PEMBUATAN AKTA OLEH PENGHADAP YANG DINYATAKAN PALSU (Analisis Putusan Mahkamah Agung Republik Indonesia Nomor 385 K/PID/2006) ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i1.1029
<![CDATA[Issues that are commonly occur within notary public environment is concerning fake information given by client. Numerous clients commonly provide fake information and evidence in order to achieve their goals in making notarial deed published by notary public. This condition makes notary public alleged as party that conducting criminal act.The present research tries to analyze further about validity of notarial deed that is based on fake information or evidence provide by the client. Moreover, the present study tries to ratio decidendi of Indonesia Supreme Court No 385 K/PID/2006The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches. The present study concludes that notarial deed based on fake information or evidence provided by the client is canceled. Notary public is not obliged to examine validity of information coupled with evidence provided by the client. Furthermore, notary public is not responsible for criminal act although he/she publishes notarial deed with fake information or evidence provided by the client. Keywords: Legal Protection, Notary Public, Fake Evidence]]>
<![CDATA[ASPEK-ASPEK YURIDIS DALAM SALVAGE (PENYELAMATAN KECELAKAAN KAPAL) ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i1.1030
<![CDATA[Any kind of fortuitiuos events on the sea, such as a distressed vessel could cause financial loss to the master and also damage of the environment. It needs some effort that could be done for minimizing and prevent the impacts of perils of the sea. A principle in salvage called no cure no pay principle, no award for any unsuccessful salvage. That principle, arise a terminology called salvage award. It’s kind of giving reward to those who save the vessel successfully. Indonesia’s marine insurance, is rareto put a salvage as its clause. Practically, salvage is needed. Notwithstanding Indonesia not ratify The Salvage Convention 1989 yet. The attempt to apply its provisions is put the salvage clause in Indonesia’s marine insurance. It’s better if Indonesia ratify that Convention. By put intoit, will anticipate the insurer from the unpredictable loss that may occur.Keywords: Salvage, award, marine insurance. ]]>
<![CDATA[PENJUALAN OBYEK HAK TANGGUNGAN DIBAWAH TANGAN UNTUK PENYELESAIAN KREDIT MACET DI BANK ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i1.1076
<![CDATA[Giving credit is not always smooth. There is often a risk of blocking in the credit repayment. The granting of credit must be accompanied by the granting of collateral by the debtor, the credit becomes stalled then the Bank must immediately seek efforts to be able to save the credit. Based on explanation above, the reseach problem is : How to selling the Object of mortage under hand to solve bad credit in bank ?. The research method implied is normative. The problem approach is done by statute, philosophy and conceptual approach. The Bank chooses a settlement through a sales mechanism under-handedly, compared to the auction process. This is done since selling mortage under the hands is more practical than through the auction process. Selling mortage object under-handedly provides benefits for both creditors and debtors. The advantages obtained are as follows:1. Creditora. Shorter time;b. The cost is cheaper;c. It maintains good relationship with the debtor or other related parties.2. Debtorsa. Selling price is highb. getting the rest of the moneyKeywords :Sale under the hands, the object of mortgage, bad credit.]]>
<![CDATA[HAK CUTI TAHUNAN PADA PEKERJA DENGAN PKWT (PEKERJA KONTRAK) ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i1.1079
<![CDATA[This thesis entitled " ANNUAL LEAVE RIGHT ON WORKERS WITH PKWT (CONTRACT WORKERS)", writing on research methods used juridical normative, using the approach of the law (Statute Approach) and the conceptual approach (Conceptual Approach). Formulation of the problem in this paper are: (1) What is a worker in article 79 of Law No. 13 of 2003 must have status as a permanent workers?, (2) What are the legal remedies that can be done for the contract worker / employee that do not get their annual leave entitlements? Resulting from the approach that the first formulation of the problem, the status of the workers mentioned in article 79 of Law No. 13 of 2003 on employment do not have status as permanent workers, provided that an employee has worked for 12 consecutive months, the employee is entitled to receive annual leave entitlements. While in the second formulation of the problem, discuss the legal remedies that can be done by a worker if he does not get his annual leave entitlements. Workers can resolve the dispute to the Industrial Relations Settlement.Keywords :Annual Leave Entitlement, Contract Workers, Industrial Relations Settlement.]]>
<![CDATA[KSISTENSI HUKUM ISLAM DALAM PEMBENTUKAN HUKUM PIDANA DI INDONESIA ]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 2 No 1 (2018): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v2i1.1223
<![CDATA[ABSTRACTIndonesia is a legal country that has experienced such a long legal history process. The existence of law in Indonesia become a necessary in order to arrange the citizen life. Before the independence, Indonesia followed custom laws and religious laws of the society. One of them is Islamic law having lived among the Indonesian people before the freedom time. This Islamic law has lived along with the Custom Law in Indonesia and being obeyed by the society based on the awarness each individual. Therefore, it is not suprisingly that the Islamic and Custom laws have higher position than the Positive law taken from the colonial/west law. Thus, in formulating the National Law, the Islamic and Custom laws become the material sources stated in formulating a positive law. Moreover, the formulating of the National Law, including the criminal law, needs the contribution of the Islamic law as well as the Custom and West Laws. The history of criminal law development in Indonesia has filled with Islamic values, because the socialization process of the Islamic law integrated with the custom development in resolving the celriminal cases. Keyterms: The Existence of Islamic Law, Criminal Law, National Law.]]>
