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Agus Rahmad
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INDONESIA
Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 78 Documents
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Application of Plea Bargaining in Settlement of TPPU Cases with Criminals Originating from TIPIKOR in Efforts to Achieve Justice Reumi, Frans; Polontoh, Herry
Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.138

Abstract

At present, money laundering offenses burden the criminal perspective of the institution rather than the return of state finances. This study uses a normative juridical approach to review how the application of plea bargaining in Indonesia, which is a civil law country. The application of plea bargaining is something that needs to be considered immediately in combating corruption through state loss restitution, because with the recovery. The use of the plea bargaining concept is a breakthrough in resolving money laundering offenses to uncover cases that are difficult to solve, as it is carried out in an organized manner. Plea Bargaining is in line with the Draft Law on Criminal Procedure known as the special route.
The Use Of Cyber Notary In The Gms Is Reviewed From Legal Benefit Liauw, Yantje
Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.140

Abstract

The use of cyber notary technology in the General Meeting of Shareholders (GMS) is an important highlight in the context of legal expediency.  With the provisions of Article 77 of the Company Law, the GMS conducted by electronic media can be carried out by GMS participants without being limited to space and time, of course, with the application of the cyber notary concept. Cyber notary acts to facilitate the process of validation and validity of documents and decisions made at the GMS. This research examines the use of cyber notary technology in the General Meeting of Shareholders (GMS) from a legal perspective, focusing on expediency and efficiency. Using the normative juridical legal research method, this research analyzes the laws and regulations relating to the application of cyber notary in GMS, and examines the efficiency of the application of cyber notary in GMS electronically. The results of this study show that the use of cyber notary in GMS can accelerate the decision-making process, with notaries playing an important role in ensuring the validity of the deeds produced. However, there is a conflict with the Law on Notary Position that requires the deed to be made by physically confronting the notary. Thus, the application of cyber notary in GMS can provide significant benefits for companies in simplifying the decision-making process, in accordance with the principle of legal expediency, but it is necessary to review the rules so that the application of cyber notary in GMS electronically can be applied.
Utilization Of Intellectual Property Rights In Legal Protection Of Cultural Dance Arts Prihatin, Lilik; Kusumaningsih, Mega Dwi
Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.141

Abstract

Copyright is regulated in Law Number 28 of 2014 concerning Copyright. Cultural dance arts are protected by Copyright, in accordance with Article 40 paragraph (1) of the Law. However, there are various complex barriers in protecting these cultural arts. The challenge of IPR is not only limited to legal protection, but also includes its utilization in protecting cultural dance arts. The research method used is normative juridical with data collection through literature study. The statutory approach in this study refers to IPR-related regulations, especially Law Number 28 of 2014 concerning Copyright. The results show two main aspects, namely the legal protection of IPR in cultural dance and the obstacles faced in its implementation. Although the existing legal protection framework is quite effective through copyright law, there are still weaknesses that need attention. The law has not fully elaborated on aspects of traditional cultural expressions, so further socialization efforts are needed regarding how dance art can also be treated with copyright protection as well as traditional cultural expressions. the unique characteristics of traditional cultural arts which are often oral and communal in nature are also an obstacle in the application of copyright. To overcome these obstacles, further efforts are needed in documenting cultural dance arts.
Dynamics of the Meeting Between Customary Law and Modern Law in Resolving Land Disputes in Rural Communities Polontoh, Herry; Katjong, Kadir
Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.144

Abstract

Land for rural communities, the majority of whom are indigenous, is a source of livelihood. Unfortunately, indigenous people often do not have official documents on land ownership, which creates legal uncertainty. This is utilized by some individuals to claim land illegally, leading to disputes. This research wants to know how the dynamics between customary law and state law in resolving land disputes, The results of data analysis show that synergy between customary law and modern law is needed to realize justice for the community. This can be done through mediation through customary justice institutions or local wisdom-based dispute resolution.
Implementation of the Return to Work Program as a Guarantee for Protection of Workers' Rights at PT. SPINDO Surabaya Bagijo, Himawan Estu; Hindiawati , Wahyu
Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.165

Abstract

Social security in Indonesia is contained in the constitution. The content of this social security is regulated in article 28 H paragraph (3) of the 1945 Constitution of the Republic of Indonesia which states "that every person has the right to social security which enables his/her full development as a dignified human being". The Social Security Administering Body or often abbreviated as BPJS plays a very important role in carrying out its duties. One of them is providing social security and improving the welfare of all Indonesian workers in accordance with the Vision and Mission of BPJS Employment. Return to work is one of the new programs from BPJS Employment. The legal basis underlying the Return to work program includes: Government Regulation Number 44 of 2015 concerning the Implementation of Work Accident and Death Insurance Programs, Minister of Manpower Regulation No. 10 of 2016 concerning Procedures for Providing Return to Work Programs as well as Promotional Activities and Preventive Activities for Work Accidents and Work-related Diseases. The aim of this research is to determine the implementation of Return to Work at PT. Steel Pipel Industry of Indonesia (SPINDO) and to determine the inhibiting and supporting factors for the Return to Work program at PT. SPINDO. This research uses empirical legal research methods. Meanwhile, the results of the research show that: 1) PT. SPINDO has implemented the Return to Work Program ; 2) factors inhibiting the return to work program at PT. SPINDO almost doesn't exist. Meanwhile, the supporting factors for this return to work program include: first , socialization has been carried out by BPJS Ketenagakerjaan Karimunjawa to PT. SPINDO. Second , the facilities are adequate at PT. SPINDO is able to support the implementation of the return to work program .
The Importance of Realizing Fair, Beneficial and Definitive Criminal Case Resolution Based on the Principles of Deliberation and Consensus Sastrawan, Rusydi; Usman, Usman; Herlambang, Herlambang
Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.166

Abstract

The principle of Musyawarah Mufakat is the basis or basic law for deliberation, urun rembug or joint discussion to resolve problems to finally make decisions that are agreed upon or agreed upon or find solutions to resolve problems that are mutually agreed upon. The culture of deliberation, as a value system lived by the Indonesian people, is a spirit for each party in the deliberation to resolve conflicts, for example, will try to reduce their stance so that a meeting point that is beneficial to all parties can be reached, which leads to consensus. What is decided in the deliberation to resolve the conflict slowly develops into customary law. This research will discuss how the deliberation principle of consensus is regulated in the settlement of criminal cases to realize justice, certainty and legal benefits, and what is the urgency of the deliberation principle of consensus in the settlement of criminal cases to realize justice, certainty and legal benefits. This research uses normative juridical research methods using a statutory approach (state approach), case approach (case approach), comparative approach (comparative approach), conceptual approach (conceptual approach). Based on the results of the research, the principle of deliberation has been applied for a long time, both in the old order, the new order and at this time, although not every stage of the law enforcement process has been carried out, especially at the most crucial stage, namely investigation and prosecution. Law Number 1 of 2023 concerning the new Criminal Code has regulated the enactment of laws that live and develop in society so that it is deemed necessary and very important for the Criminal Procedure Law in the future (Ius Constituendum) to regulate the settlement of criminal cases based on the principle of consensus to follow up on the material law that has been passed and is very irrelevant to criminal law enforcement in Indonesia if Law Number 8 of 1981 concerning the Criminal Procedure Code remains in effect after the enactment and enactment of the new Criminal Code.
Analysis of the Theory of the Enactment of Islamic Law: Implications and Challenges in the Indonesian Context Mappasessu, Mappasessu; Marilang, Marilang; Akmal, Andi Muhammad
Jurnal Hukum dan Keadilan Vol. 1 No. 4 (2024): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i4.175

Abstract

Applying Islamic law, there needs to be a deep understanding of the theory of the enactment of Islamic law by the principles of national law, justice, and national values, this paper dissects the analysis of the theory of the enactment of Islamic law, How is the conceptual framework of the theory of the enactment of Islamic law in Indonesia, and What is the purpose of understanding the theory of the enactment of Islamic law in Indonesia, using the library research method is a study whose data is in the form of theories, concepts of thoughts and ideas, examining data and events that have occurred among Muslims in Indonesia in previous research, writing books and articles then continued research using relevant legal reasoning methodologies whose results found a condition that we can realize the complexity and challenges in integrating aspects of Islamic law into a country's national legal system,  including in the Indonesian context.
Dynasty Politics in Legal Perspective Marzuki, Abdul Ukas
Jurnal Hukum dan Keadilan Vol. 1 No. 4 (2024): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i4.178

Abstract

Law enforcement against violations of fiduciary agreements in Indonesia is an important concern because of the frequent violations that harm the parties involved. Fiduciary agreements that should provide legal certainty are often not implemented properly due to various obstacles in the law enforcement system. This research aims to analyze the effectiveness of law enforcement against breaches of fiduciary agreements in Indonesia, identify challenges faced, and propose strategic steps to improve the effectiveness of law enforcement. This research uses a qualitative method with a normative legal approach. The results show that law enforcement against breach of fiduciary agreement in Indonesia still faces various challenges, such as lack of legal awareness among the public, complicated administrative procedures, lack of coordination between institutions, and limited resources in law enforcement agencies. There are several strategic steps that can be taken to improve the effectiveness of law enforcement, including increased legal socialization and education, simplification of procedures, strengthening of inter-agency coordination, and capacity building of law enforcement agencies through training and technology. By implementing the proposed measures, it is expected that fiduciary law enforcement in Indonesia can become more effective, provide better legal protection, and increase public confidence in the legal system.
Effectiveness of Law Enforcement Against Violations of Fiduciary Agreements in Indonesia Polontoh, Herry; Hartini, Sri Iin
Jurnal Hukum dan Keadilan Vol. 1 No. 4 (2024): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i4.179

Abstract

Law enforcement against violations of fiduciary agreements in Indonesia is an important concern because of the frequent violations that harm the parties involved. Fiduciary agreements that should provide legal certainty are often not implemented properly due to various obstacles in the law enforcement system. This research aims to analyze the effectiveness of law enforcement against breaches of fiduciary agreements in Indonesia, identify challenges faced, and propose strategic steps to improve the effectiveness of law enforcement. This research uses a qualitative method with a normative legal approach. The results show that law enforcement against breach of fiduciary agreement in Indonesia still faces various challenges, such as lack of legal awareness among the public, complicated administrative procedures, lack of coordination between institutions, and limited resources in law enforcement agencies. There are several strategic steps that can be taken to improve the effectiveness of law enforcement, including increased legal socialization and education, simplification of procedures, strengthening of inter-agency coordination, and capacity building of law enforcement agencies through training and technology. By implementing the proposed measures, it is expected that fiduciary law enforcement in Indonesia can become more effective, provide better legal protection, and increase public confidence in the legal system.
Legal Politics of Land Dispute Settlement Post The Implementation of The Work Copyright Law in Realizing Security and Justice of Land Rights in Indonesia Purwanto, Edi; Helmi, Helmi
Jurnal Hukum dan Keadilan Vol. 1 No. 4 (2024): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i4.182

Abstract

The enactment of Law No. 11/2020 on Job Creation has drastically changed the legal policy on land rights, for example, building use rights and use rights provide rights not only to land on the surface of the earth but are now extended to above-ground and underground spaces. Another legal issue is the term of the right which is set at once up to 50 years for building use rights and 60 years for business use rights and still has the right to extend up to 30 years for building use rights or 35 years for business use rights. This research is a normative juridical research. This research aims to analyze the impact of changes in land rights legal policy caused by the Job Creation Law, as well as examine solutions that can be applied to solve the problem of agrarian law anomalies in Indonesia. As an implication, Indonesia currently has two laws that both regulate land rights, namely the Basic Agrarian Law and the Job Creation Law. This makes Indonesia's agrarian law an anomaly. The best solution to resolve this anomaly in land rights law is to not continue legal remaking Law Number 11 of 2020 or to reinterpret the norms.

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