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.
Articles
104 Documents
<![CDATA[THE CRIME OF PORNOGRAPHY ON INTERNET MEDIA ]]>
<![CDATA[Subekti]]>;
<![CDATA[Soekorini, Noenik]]>;
<![CDATA[Sidarta, Dudik Djaya]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 1 No 2 (2017): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v1i2.556
<![CDATA[The development of the internet gave birth to new problems. Among them appear more sophisticated crime in the form of "cybercrime". It is characterized by the rapid growth of the porn sites. The crime of pornography is often the case on the internet among other pornographic material, pornographic material have, keep pornographic material, distributing pornographic material, showing pornographic material, pornographic material lend, make yourself as an object porn, prostitution and online advertising pornographic contents. Issues to be studied in this research is how the sanctions against the crime of pornography via the Internet as well as how best to cope with the crime of pornography via the Internet. Sources of law consists of primary legal materials, including regulation, secondary law, namely literature books and journals related to the problems studied. Overall primary legal materials and secondary legal materials will be analyzed using descriptive analysis is an analytical analysis that describes or depicts nature of regulations.The results of this research are positive law in Indonesia is still inadequate or non-compliance related to the development of pornography on the internet, which limits the granting of pornography that is not clear, where the authorities to take specific actions to address the problem of pornography, the penalty is too light, obscurity party deems appropriate to account for crimes categorized as pornography. The efforts have been made but the evils of pornography is still ongoing due to the difference in interest between the interests of Internet entrepreneurs society in general, especially the lives of young people qualified in the present and the future.]]>
<![CDATA[KEDUDUKAN BANK INDONESIA DAN OTORITAS JASA KEUANGAN BERDASARKAN PERUNDANG – UNDANGAN TERHADAP PRODUK PERBANKAN ]]>
<![CDATA[Soedibyo, Anthonius Adhi]]>;
<![CDATA[Widjiastuti, Agustin]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 1 No 2 (2017): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v1i2.557
<![CDATA[Posisi perbankan dalam lalu lintas keuangan memberikan arti penting bagi pembangunan ekonomi suatu negara, begitu pentingnya sehingga kelancaran aktifitas lalu lintas keuangan menentukan ketahanan ekonomi sebuah negara yang berujung pada ketahanan nasional. Melihat penting sektor lalu lintas keuangan ini maka negara yang diwakili oleh pemerintah mengambil langkah membentuk sebuah lembaga tinggi negara yang melakukan pengawasan, pembinaan dan pembuat regulasi baik dibidang moneter, lalu lintas pembayaran, dan perbankan. Lembaga ini adalah Bank Indonesia. Bank Indonesia memiliki fungsi menyeluruh dalam menjaga kelancaran dan stabilitas ekonomi Indonesia secara menyeluruh dan terpadu. Namun sejak tahun 2011, Bank Indonesia diambil sebagian kewenangannya dalam melakukan pembinaan dan pengawasan perbankan dengan beridirinya Otoritas Jasa Keuangan. Dengan berkurangnya kewenangan yang dimiliki oleh Bank Indonesia oleh Otoritas Jasa Keuangan, maka diperlukan cara bagi Bank Indonesia agar tetap dapat menjalankan fungsinya sebagai penjaga stabilitas ekonomi negara, terutama dalam menghadapi permasalahan – permasalahan yang timbul didalam ruang lingkup kewenanganhnya, maupun diluar lingkup kewenangannya. Metode penelitian yang digunakan adalah yuridis normatif yakni upaya mencari penyelesaian masalah dengan meneliti dan mengkaji norma hukum positif dengan melakukan studi perpustakaan. Hasil penelitian menunjukkan bahwa Bank Indonesia dan Otoritas Jasa Keuangan tidak saling tumpang tindih dalam menjalankan kewajibannya, melainkan secara sinergi dan terintegrasi antar lembaga dengan melakukan koordinasi dalam segala lini agar dapat menjangkau bidang – bidang maupun pihak – pihak yang terlibat dalam lalu lintas keuangan dan ekonomi, baik dengan sisi regulasi maupun pengawasan dan pembinaannya.]]>
<![CDATA[ASPEK HUKUM DALAM PENERAPAN PRINSIP FULL DISCLOSURE DI PASAR MODAL ]]>
<![CDATA[Zaenah]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 1 No 2 (2017): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v1i2.560
<![CDATA[Public Offering, known as Initial Public Offer (IPO), as ameans of fund raising with investment model, which is used as a means of expanding the business or to strengthen the company's finances without relying on debt to other parties. On a broad scale, as in the consideration of the formation of Capital Market Law No. 8 of 1995, that capital market has a strategic position to support the achievement of the national development objectives of creating a fair and prosperous society through one of the capital market activities namely the Public Offering of shares as a source of financing business field and investment means for the community. The law has been covering and regulating all capital market activities to create legal certainty for all parties involved in the capital market, through the obligation to apply full disclousure principle for companies conducting their public offerings that have implications to the IPO’s legality. Procedures and legal aspects in the application of the full disclousure principle will be explained in this paper, and expected to be an useful knowledge for anyone who needs information about IPO.]]>
<![CDATA[PERJANJIAN BELI KEMBALI (BUY BACK GUARANTEE) YANG DIBUAT ANTARA PENGEMBANG DAN BANK DALAM PENYELESAIAN MASALAH KREDIT MACET ]]>
<![CDATA[Dominika, Retno Wahyurini]]>;
<![CDATA[Kawuryan, Endang Sri]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 1 No 2 (2017): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v1i2.561
<![CDATA[The type of research used in this study is normative legal research, which according to Peter Mahmud Marzuki, "Legal research is a study that analyzes the factual situation and applies the legal doctrines that have been formed. Relying on the theory of justice and the protection of the law, the principle of the law of guarantee does not abandon the principle of principle in the Agreement theory and the implementation of the prudential principle in the banking world which underlies the emergence of buy back guarantee. This study further considers developer interest and practice in the field the notary to analyze the form of legal relationship and accountability between Debtor, Bank, and Developer which is subject to the buyback guarantee to be able to provide legal protection for the developer in case of retrieving object Guarantee. Finally in this study the authors conclude that the relationship between the Bank with the debtor/buyer who made the purchase of housing units with credit facilities Home Ownership of the Bank is regulated in a credit agreement with a guarantee with accountability Banks provide mortgage facilities and borrowers are obliged to pay installments, while the legal relationship between banks With the developer arranged in a buy back guarantee agreement, whereby the bank and the developer have entered into and signed a cooperation agreement stipulating that the developer is fully responsible and binding itself as a guarantor for the payment of the entire amount owed by the debtor/ buyer to the bank if the debtor/ buyer has Neglect obligations to the bank, then between the developer and the debtor / buyer the legal relationship arising is through the subrogation institution, where the payment of the debtor / purchaser's debt by the developer to the bank raises the subrogation or the change of the debtor's rights (A bank) by a third (developer) who pays the debtor (the bank) therefore as a form of legal protection for the developer to retrieve the collateral object if the developer executes the contents of the buy back guarantee, is the Subrogation Deed.]]>
<![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.]]>
