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INDONESIA
Gloria Justitia
Published by Universitas Katolik Indonesia Atma Jaya
ISSN : 28094514     EISSN : 28277821     DOI : https://doi.org/10.20525/ijrbs.v11i1.xxx
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Gloria Justitia adalah jurnal akademik untuk publikasi hasil pemikiran konseptual maupun hasil penelitian di bidang hukum dari akademisi, praktisi maupun mahasiswa hukum. Jurnal ini diterbitkan setahun dua kali Edisi Mei dan November oleh Fakultas Hukum Universitas Katolik Indonesia Atma Jaya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 1 No 2 (2021): JURNAL GLORIA JUSTITIA" : 6 Documents clear
PENGARUH AMBANG BATAS PARLEMEN TERHADAP KEDUDUKAN PARTAI OPOSISI SERTA KAITANNYA DENGAN SISTEM PEMERINTAHAN PRESIDENSIL DI INDONESIA Bernardinus Putra Benartin; Paulus Wisnu Yudoprakoso
Gloria Justitia Vol 1 No 2 (2021): JURNAL GLORIA JUSTITIA
Publisher : Fakultas Hukum Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/gloriajustitia.v1i2.3064

Abstract

With the amendment to the 1945 Constitution of the Republic of Indonesia, Indonesia adopts a presidential system of government, this is reinforced by the existence of articles that strengthen the president as head of state and head of government. Therefore, the government or in this case the president has a bigger power room. To realize an effective democratic system, it is necessary to have government opposition in parliament as a form of people's representation, which is necessary to provide criticism, alternative policies and control of power. However, to achieve proportionality between the government coalition parties, apart from improving the internal parties involved in the general elections, the quality of the general election system contained in the law must also be improved. There must a significant increase in the percentage threshold that eliminates the votes of small and medium-sized parties that eliminate valid votes from the general election, thereby reducing the probability of realizing the proportionality of parties with coalitions of government and opposition parties in parliament.
PEMALSUAN SURAT KETERANGAN HASIL TES COVID-19 OLEH DOKTER DIPANDANG DARI HUKUM PIDANA DAN KODE ETIK KEDOKTERAN Maya Anissa Yambo; Nugroho Adipradana
Gloria Justitia Vol 1 No 2 (2021): JURNAL GLORIA JUSTITIA
Publisher : Fakultas Hukum Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/gloriajustitia.v1i2.3065

Abstract

The Covid-19 global pandemic has been around for almost two years. One of the most prominent legal problems related to the pandemic is the forgery of Covid-19 test result certificates. A certificate indicating that a person is tested negative for Covid-19 is essential for many occasions, for instance, traveling. Doctors and health workers are the parties that are heavily involved in the process of testing and issuing the result, thus giving them an opportunity to commit such crime. In this article, there will be an explanation regarding the regulations and sanctions based on Indonesian criminal law and KODEKI (Indonesian Medical Code of Ethics) for doctors who commit the crime of counterfeiting Covid-19 test result certificates. The research is conducted using normative research methods where secondary data is the main resource. From this research, we can conclude that the regulations and criminal sanctions for the crime mentioned above can be found in Article 267 of the Criminal Code and Article 93 of the Health Quarantine Law. Meanwhile, based on KODEKI, a doctor who counterfeited Covid-19 results is violating Article 1, 7, and 12 KODEKI. Such Actions are classified as both ethical and legal violation.
PENGGUNAAN ARBITRASE NASIONAL SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA ASURANSI UMUM Reynaldo Murat; Yanti Fristikawati
Gloria Justitia Vol 1 No 2 (2021): JURNAL GLORIA JUSTITIA
Publisher : Fakultas Hukum Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/gloriajustitia.v1i2.3066

Abstract

Insurance is a coverage where a party act as the Insurer while the other party act as the Insured and proven by the agreement which is called by the Policy. Since 2011, insurance industry was being supervised by the Indonesia Financial Services Authority (OJK). Therefore, in carrying out its business activities should comply with the OJK regulations, including to determine the dispute clause in the Policy. The Alternative Dispute Resolutions for the Financial Services Sector has been established by OJK at the end of 2020 which provide an opportunity to the disputing party to solve their dispute outside the court. Indonesia has BANI Arbitration Center (BANI) which could be used as an alternative forum to settle the general insurance disputes in Indonesia, however it is contrary with regulation which has been issued by the OJK.
ANALISIS YURIDIS PENGGUNAAN ASET PERSONAL GUARANTEE DALAM MELUNASI UTANG PAILIT Putri Avi Avivah; Eddie Imanuel Doloksaribu
Gloria Justitia Vol 1 No 2 (2021): JURNAL GLORIA JUSTITIA
Publisher : Fakultas Hukum Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/gloriajustitia.v1i2.3067

Abstract

In bankruptcy, the use of personal guarantee assets is something that can be done in bankruptcy debt if the assets belonging to the main debtor cannot meet repayments, in bankruptcy, there are 3 types of credit, namely preferred, separatist and concurrent creditors, the three creditors are creditors who have rights and obligations. their respective positions, such as preferred creditors who have the priority right to have their debts repaid, then separatist creditors who have collateral to pay their debts, and separatist creditors who do not have collateral rights or the right to loans. If the debtor's payment to the creditor exceeds the limit after the assets of the main debtor have been auctioned, therefore the responsibility of the Personal Guarantee is to provide the assets in paying off the debt of the main debtor. Personal guarantee assets are guarantees that can be used to pay off their debts because if the assets belonging to the main debtor cannot be sufficient to pay the total debt, the personal guarantee will be responsible for settlement, the assets belonging to the personal guarantee can be directly auctioned, the payment of the bankruptcy debt is calculated by method “Pro Rata Pari Passu Parte”. The Personal Guarantee which guarantees its assets to creditors can also be bankrupt if the main debtor is unable to pay its debts.
PERBANDINGAN PENGENAAN PAJAK E-COMMERCE B2C ANTARA INDONESIA DENGAN SINGAPURA Hafizh Aryo Dhaneswara; RR. Adeline Melanie
Gloria Justitia Vol 1 No 2 (2021): JURNAL GLORIA JUSTITIA
Publisher : Fakultas Hukum Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/gloriajustitia.v1i2.3068

Abstract

The development of information and communication technology nowadays has an impact on the trade sector. According to data from Badan Pusat Statistika and Kominfo, trade carried out through electronic media makes economic growth expeditious. Trading through electronic media is commonly referred to as E-commerce. Online stores are one of the fastest growing types of e-commerce businesses in Indonesia, an example of e-commerce in Online Stores is Business to Consumer (B2C). Indonesia as one of the e-commerce user countries with the largest number of transactions in Southeast Asia, however, e-commerce taxation regulations in Indonesia are still enforced the same as ordinary conventional stores, causing problems in taxation, especially in the imposition of B2C e-commerce taxes. Tax authorities find it difficult to determine the imposition of the amount of tax owed to e-commerce taxpayers. The writing method used by this author is a normative juridical method, where the method is carried out by looking for instructions in documents or library materials, or better known as document studies. Indonesia already has regulations for imposing taxes on e-commerce transactions, but there are no regulations for imposing taxes on certain types of e-commerce. In the implementation of the imposition of B2C e-commerce taxes in Indonesia, there are still many obstacles that are limited by inadequate regulations and systems. Reflecting on the state of Singapore, Indonesia must have special regulations and adequate systems for B2C e-commerce so that existing obstacles can be resolved properly.
KRITISI SISTEM PERTANGGUNG JAWABAN NEGARA ATAS PERBUATAN MELAWAN HUKUM STUDI PERBANDINGAN ACTIO POPULARIS DI HUNGARIA Halomoan Benarivo; Putri Purbasari Raharningtyas; Febiana Rima Kainama
Gloria Justitia Vol 1 No 2 (2021): JURNAL GLORIA JUSTITIA
Publisher : Fakultas Hukum Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/gloriajustitia.v1i2.3069

Abstract

Citizens' lawsuits or commonly referred to as Citizen Lawsuits or Actio Popularis are the main access for citizens to sue the government because of their negligence in making decisions that result in unlawful acts committed by the government. In Indonesia, this lawsuit is not familiar to the public because actually this lawsuit is growing rapidly in the common law system country, but due to several things, Indonesia has finally implemented this. In fact, this lawsuit is also developing in Civil Law countries, for example Hungary, but because it is not as popular as in the United States as a common law system, Indonesia finally uses the term applied in common law countries, namely citizen lawsuit and does not use the term developed in civil law countries, namely action popularis. As a result, citizen lawsuits that develop in Indonesia are far from perfect, and often result in misunderstandings or misinterpretations and lead to inappropriate judges' decisions.

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