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Justici
Published by Universitas IBA Palembang
ISSN : 19794827     EISSN : 30327903     DOI : https://doi.org/10.35449/justici.v17i2.813
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus and Scope The journal Justici is published by the Faculty of Law at IBA University on a regular basis every 6 months. This journal is a journal with the theme of Law, with the benefits and objectives for the development of Legal Studies, by emphasizing the nature of originality, specificity and the latest articles in each issue. The purpose of this Journal publication is to provide a space to publish thoughts on the results of original research, academics, namely students and lecturers who have never been published in other media. The focus and scope of writing (Focus & Scope) in this Journal focusing on publishing legal scientific articles on the following topics: Constitutional law; Administrative Law; Criminal law; Civil law; International law; Procedural Law; Customary law; Business law; Tourism Law; Environmental law; Law and Society; Information Technology Law and Electronic Transactions; Human Rights Law; Contemporary Law; Islamic law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 104 Documents
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KAJIAN YURIDIS TENTANG PERLINDUNGAN HAK ASASI MANUSIA DALAM KEHIDUPAN BERNEGARA DI INDONESIA DITINJAU DARI UNDANG-UNDANG NOMOR 39 TAHUN 1999 TENTANG HAK ASASI MANUSIA Yang Meliana
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

ABSTRACT State is element that crusial in human right enforcement, meintenance in to protet social interest. To protect human right that impelemtation by state difficult enough in impementation because state to face with actions government that to tress pass on human right, maintenance that in connectin with civil rights and political rights. So in this research that happen problem is what factors that so push protect human right, what abstruction that to face n to protect human right in state life in Indonesia and how law formation to protect human right in future. Research methods include kind data, maner tell data and process method and analisys. Data kind to include material primer law, skunder law and tertier law. Tell manner data, that use is methods document study. Process method and data analysis that use in reearch methods normative law. For research can be conclution these are factors that to push protect human right is an know ledge fae principle human right, penness issue, existence middel class. Abstruction that to face in to protect human right because less consciousness society about in important to protect human right. In to do law formation in future that important is factor philosophy, sociology, and yuridis law.
PERLINDUNGAN HUKUM TERRHADAP DATA NASABAH PERJANJIAN PINJAM MEMINJAM UANG SECARA ON LINE Rusmini Rusmini; Hj. Yonani Yonani
Justici Vol 14 No 1 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

The emergence of online lending and borrowing facilities through bringing together debtors (loan recipients) with investors / creditors (lenders) through the platform provided by the organizer which can easily be accessed by everyone is a credit facility without collateral to obtain a loan. The Financial Services Authority (OJK) has issued and enforced several regulations on legal protection for consumers in the financial services sector. Legal protection is all efforts to fulfill rights and provide assistance to provide a sense of security to witnesses and / or victims, legal protection of crime victims as part of community protection, can be realized in various forms, such as through the provision of restitution, compensation, medical services, and legal assistance
DAMPAK LOKASI PEMAKAMAN UMUM SERTA EFEKTIFITAS KEWENANGAN KADES DALAM PENGATURAN LOKASI PEMAKAMAN UMUM DI DESA JERUK KABUPATEN BANGKA TENGAH PROVINSI BANGKA BELITUNG Baharudin Baharudin
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Public burial place is an area of ​​land provided for funeral purposes for everyone regardless of religion and class, but if it is not managed properly it can have a negative impact on the development of the area, including reduced land for settlements, agriculture and low NJOP value of land. Jeruk village, Central Bangka Regency, Bangka Belitung Province where the PERDA issued by the local government cannot be implemented effectively by the village head due to unclear arrangements on the authority of the Village head to regulate the funeral location
Empirical Studies: Upaya Masyarakat Desa Penagan Dalam Mendorong Percepatan Pembangunan, Efisiensi Pelayanan Publik Melalui Pemekaran Desa Virna Dewi; Sri Yuliana
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

The issue of the expansion of Penagan Village isn’t a new issue in the community. The villagers of Penagan have been trying very hard to penagan Village expansion. But, there are no result for their efforts. The villagers of Penagan are still waiting for government to respond their demand. The villagers of Penagan claimed that they dont understand the reasons why government never response their demand. This research is a normative research and to make the analysis more deeper, this research used explanatory research. The research data collected from document analysis such as statute, doctrine, observations, interviews and questionnaires with the villagers of Penagan. The result of this research shows that Penagan Village is worhty for expansion. Village expansion will be able to give a good effect like better development and efficiency of public services. Village Expansion also hoped to solve problem that come because of a big teritorial and population. So, that the future of the village can be more advanced.
TANGGUNGJAWAB PARA PIHAK YANG MELAKUKAN WANPRESTASI DALAM PERJANJIAN USAHA WARALABA ONLINE Erniwati Erniwati; Hj. Suryani Yusi
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

The franchise agreement is a legal guide that outlines the responsibilities of the franchisor (often called the franchisor) and the franchisee (which is often called the franchisee). When the franchisee agrees to the franchise business offered to him, he must comply with the existing agreement. the same should also apply to online franchises. On average, these online franchises are small-scale franchises, if anyone is interested in running this business, the agreement or agreement occurs only through social media without a standard agreement between the two parties. They did not see each other nor did they have any job training related to marketing concepts. When the agreement exists and a certain amount of money has been sent, that's when the online franchise agreement took place. The responsibilities of the parties in the online franchise agreement are contained in Articles 5, and 7 of Law Number 8 of 1999 concerning Consumer Protection.
TANGGUNG JAWAB NOTARIS DALAM HAL MELAKUKAN PELANGGARAN PASAL 17 UNDANG-UNDANG NOMOR NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS Hj. Rianda Riviyusnita
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

The position or profession of a Notary is a position of trust that is responsible both legally, morally and ethically to the State or government, society, parties concerned (clients) and professional organizations, so that the quality of a Notary must always be improved through education, understanding and deepening of science and code of ethics. A Notary Public has the authority, obligations and prohibitions that they must obey in carrying out their duties. If a violation occurs, a Notary can be held accountable. In UUJN the accountability for Notaries who hold concurrent positions is also regulated in Article 38 letter e of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 25 of 2014 concerning Terms and Procedures for the Appointment, Transfer, Dismissal and Extension of the Notary's Term of Office, which further explains the provisions concerning Notary who can be dismissed with respect from his position, if concurrently as a civil servant, state official, lawyer, or is currently holding another position which is prohibited by law to be concurrently with the position of Notary.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENGGELAPAN PAJAK (Tax Evasion) PUTRI SARI NILAM CAYO
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

A criminal act because it is an engineering subject (perpetrator) and object (transaction) of taxes to obtain tax savings unlawfully (unlawfully), and tax evasion can be said to be an inherent virus in every tax system that applies in almost every jurisdiction. Taxes in Indonesia are no longer foreign. Almost every day people are presented with news about corruption, of course tax evasion is still included in corruption. The problem in this paper is how the criminal responsibility for the perpetrators of tax evasion (Tax Evasion) As for the conclusions of this paper, the forms of criminal liability for perpetrators of tax evasion are regulated in Article 38, Article 39 and Article 41 a and b of Law Number 16 Year 2009 concerning General Provisions and Tax Procedures.
PENDAFTARAN MEREK MELALUI MEREK DAGANG DI DALAM HUKUM PERJANJIAN (Trademark Law Treaty) Ramiati Ranti Parwari
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

With the increasing development in these various aspects, developed countries and developing countries will continue to run well. Considering the technology - technology and products created are the work of human intellectuals which are of course useful and have economic value, the term Intellectual Property Rights (HAKI) is born, which is the right to property that is born due to human intellectual abilities. The Trademark Law Treaty determines which marks are registered and the procedure for applying them in the Indonesian National Law. Seeing from the description above, the author is interested in elaborating on the discussion of the trademark registration procedure and the constraints regarding the mark in terms of the Trademark Law Treaty. The existence of a trademark registration procedure through the Trademark Law Treaty relating to applications and changes to trademark registration and the provisions of the Trademark Law Treaty (TLST) is an international treaty regarding trademark registration procedures in administrative procedures in relation to national applications and trademark protection. With the ratification of the Trademark Law Treaty, the legal consequence is the application of the trademark registration procedure according to the Trademark Law Treaty in Indonesian national law, which in essence can be registered for several classes in one application for trademark registration. Judging from its application, namely in terms of changes and renewals in marks, namely registration of marks according to the Trademark Law Treaty and Law Number 15 of 2001 is basically limited to a change in identity, namely the name and address of the applicant or his attorney.
Status Anak Yang Lahir Dari Kawin Lari Menurut Perspektif Hukum Islam dan Hukum Adat Lilies Anisah
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Marriage is the beginning of living together in a bond that is regulated in laws and regulations with the intention of forming a happy family, as mandated by Article 1 of Law Number 1 of 1974 concerning Marriage, which reads: "The purpose of marriage is also to form a happy family. happy and eternal based on God Almighty". Because marriage/marriage aims to form a happy and eternal family (household), it means that in the household there should be a harmonious relationship between husband and wife and family members based on the principle of mutual respect (respect) well, calmly, peacefully and mutually love with growing affection, creating a peaceful home based on love. Elopement that is not followed by a guardian, then the marriage is void or can be canceled and the child born from the marriage is illegal according to Islam and can only inherit from the mother and her mother's family, but if the elopement child has fulfilled the legal requirements of the marriage mentioned in Article 42 Chapter IX of Law Number 1 of 1974 concerning Marriage, the child is a legitimate child. Meanwhile, when viewed from customary law a child born from an elopement has the same rights and position as a child born from an ordinary marriage, the position of the child Those born in elopement are legal children as long as the marriage is carried out in accordance with established procedures. If the procedure carried out is not in accordance with what has been determined, the child becomes an illegitimate child.
PENERAPAN PERHITUNGAN BESARAN GANTI RUGI DALAM PEMBEBASAN TANAH BERDASARKAN KONSEPSI HUKUM TANAH NASIONAL Husnaini Husnaini; Yonani Yonani
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Marriage is the beginning of living together in a bond that is regulated in laws and regulations with the intention of forming a happy family, as mandated by Article 1 of Law Number 1 of 1974 concerning Marriage, which reads: "The purpose of marriage is also to form a happy family. happy and eternal based on God Almighty". Because marriage/marriage aims to form a happy and eternal family (household), it means that in the household there should be a harmonious relationship between husband and wife and family members based on the principle of mutual respect (respect) well, calmly, peacefully and mutually love with growing affection, creating a peaceful home based on love. Elopement that is not followed by a guardian, then the marriage is void or can be canceled and the child born from the marriage is illegal according to Islam and can only inherit from the mother and her mother's family, but if the elopement child has fulfilled the legal requirements of the marriage mentioned in Article 42 Chapter IX of Law Number 1 of 1974 concerning Marriage, the child is a legitimate child. Meanwhile, when viewed from customary law a child born from an elopement has the same rights and position as a child born from an ordinary marriage, the position of the child Those born in elopement are legal children as long as the marriage is carried out in accordance with established procedures. If the procedure carried out is not in accordance with what has been determined, the child becomes an illegitimate child.

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