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Comprehensive Journal Law
Published by Universitas Katolik Widya Karya Malang
ISSN : 29880920     EISSN : 29880939     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Comprehensive Journal Law, dengan e-ISSN : 2988-0939, p-ISSN : 2988-0920 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh Lembaga Penelitian dan Pengabdian Masyarakat Universitas Katolik Widya Karya Malang. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini diterbitkan 2 kali setahun: Juni dan Desember
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Perlindungan Hukum Terhadap Pengguna Jaringan Indihome Atas Gangguan Jaringan Di Tinjau Dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Santi Carolin Tesa Tae; Celina Tri Siwi; Diah Imaningrum
Comprehensive Law Journal Vol. 1 No. 2 (2023): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

According to the Association of Indonesian Internet Service Providers, internet network users in Indonesia have increased. This increase in internet network users occurred in various places such as Atambua City, East Nusa Tenggara. Based on data from PT Telkom Indonesia, the Atambua branch, there was an increase in 1000 IndiHome internet users from 2019-2020. However, the increasing number of internet network users in Indonesia, the more cases that harm consumers, so a legal protection is needed. The formulation of the problem in this study is how to practice legal protection against IndiHome internet network users for internet network disturbances at PT Telkom Indonesia Atambua Branch and how the responsibility of PT Telkom Indonesia Atambua branch in dealing with internet network disturbances experienced by IndiHome network users. The research method used by the author in this research is a type of empirical juridical research. The results of this study indicate that PT Telkom Indonesia Atambua Branch has provided legal protection to IndiHome service users through a subscription contract signed by both parties and a form of legal protection that is provided preventively and repressively. The form of responsibility given by PT Telkom Indonesia Atambua Branch adheres to the principle of absolute responsibility or strict liability. The advice that the author can give is to PT Telkom Indonesia Atambua Branch the legal protection provided must be maximized again because in the subscription contract there are several consumer or customer rights that are not listed.
Perjanjian Pengikat Jual Beli (PPJB) Rumah Pada Pengembang Perumahan Ditinjau Dari Pasal 18 Ayat (1) dan (2) Undang-Undang No. 8 Tahun 1999 Tentang Perlindungan Konsumen Elisabeth Sesaria Ilka Oktalila; Celina Tri Siwi K.; Diah Imaningrum
Comprehensive Law Journal Vol. 2 No. 1 (2024): Juni : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

In buying and selling, Pelita Kebonsari developers as Pelita Kebonsari housing developers make preliminary agreements to bind consumers to the next transaction process. The Sales and Purchase Agreement (PPJB) is a agreement issued by a housing developer to bind consumers who will buy a house. The agreement is made not in front of the notary and made by the housing developer itself. This agreements are usually a standard contracts provided by the developer. It can be used by developers to suppress consumers and attract as much as possible from consumers, although actually the law no. 8. Year 1999 on Consumer Protection has prevented it. The purpose of this research is to know the Sales and Purchase Agreement (PPJB) at the housing developer in terms of Article 18 paragraph (1) and (2) the law no. 8 year 1999 concerning consumer protection to Pelita Kebonsari developer of Malang City and to know responsibility of developer against loss suffered by consumer due to violation of Article 18 of Law no. 8 Year 1999 About Consumer Protection at developer Pelita Kebonsari Malang. The result of the research shows that the implementation of Article 18 paragraph (1) and (2) of Law no. 8 Year 1999 Consumer Protection has been implemented well, but still not fully implemented by Pelita Kebonsari developer. As well as developers Pelita Kebonsari has implemented what is written in Article 19 of Law no.8 of 1999 on Consumer Protection, related to the responsibility of business actors.
Upaya Perlindungan Lingkungan Hidup Melalui Pembangunan Ruang Terbuka Hijau Oleh Pemerintah Daerah Paskalis Hananta Wihardjo
Comprehensive Law Journal Vol. 2 No. 1 (2024): Juni : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

The Local Government of Malang City has made efforts to provide and increase green open space in Malang City such as revitalizing green open space, procuring new land for green open space and requiring developers to submit their green open space land to the Government. Efforts made by the Malang City government resulted in a green open space area of 19.4%, 9.4% public green open space and 10% private. The green open space of an urban area should have 30% of the area of an urban area. Based on the results of research and interviews, the author observes that the amount of green open space in Malang City has not met the predetermined amount of 30% of the area of Malang City. The government has tried to organize adequate green open space, but there are still obstacles found such as the decreasing land in urban areas, the budget for green open space related agencies that are not sufficient to buy land that will be used as green open space. The government needs to conduct socialization and movements to make people aware of the importance of the environment, especially green open spaces.
Perlindungan Hukum Terhadap Hak-Hak Anak Buah Kapal (ABK) Ditinjau Dari Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan Adolfina Lily Watratan
Comprehensive Law Journal Vol. 2 No. 1 (2024): Juni : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

This study aims to determine the fulfillment of the rights of crew members at PT. Kalwedo Kidabela Maluku Tenggara Barat, and to know the factors that cause the rights of crew members at PT. Kalwedo Kidabela Maluku Tenggara Barat is unfulfilled, as well as knowing the efforts of the crew to demand legal protection of unfilled labor rights. The type of research used is the research type of empirical juridical method. Primary data were obtained from interviews with former crew and chief executive officer of PT. Kalwedo Kidabela Maluku Tenggara Barat as well as observation of sea work agreement. Secondary data is obtained from the literature study of legislation and books on employment. From the results of research at PT. Kalwedo Kidabela Maluku Tenggara Barat, still lacking in fulfilling the rights of crew which only provide wages according to position, dining facilities and bed on board, health, work accident in marine working agreement. Factors that do not fulfill the rights of crew members at PT. Kalwedo Kidabela Maluku Tenggara Barat in terms of work agreement and law. In terms of agreement there are several things including the absence of subsidies from the central government, cheap ticket prices, thin routes (capacity on very few passengers), and rising fuel prices. Legislation lacks understanding of crew on workers 'rights regulated in legislation and lack of budgetary funds to meet workers' rights needs. The efforts of the crew are bipartite efforts to negotiate with the company, but do not respond to it so that negotiations have failed in accordance with Article 3 paragraph (3) of Law no. 2 of 2004 on Industrial Relations Completion and the absence of a treatise so that it can not proceed to the tripartite phase.
Tanggung Jawab Pelaku Usaha Snack Kiloan Memberikan Informasi Kepada Konsumen Philip Savio Je
Comprehensive Law Journal Vol. 2 No. 1 (2024): Juni : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

Responsibility of Kiloan Snack Business Operators Giving Rights to Consumers. The two problems that are addressed and discussed in this script are: 1) Why are kilo snack business operators obliged to fulfill the right to consumer tray information?, 2) How to fulfill the responsibility of kilo snack business operators to fulfill the right to consumer tray information?The writing of the script uses a normative juridical method with primary and secondary legal materials. Primary legal materials are laws and secondary legal materials are journals, books, relevant dictionaries. Analysis of these basic legal materials uses legislation analysis and conceptual analysis. The results of this study show that for business people who produce kilo snacks are obligated to provide information through the inclusion of product labels on kiloan snack packages. The provision of this information is a basic consumer right to the one where this consumer right is protected by UUPK number 8 years 1999.
Informasi Yang Menyesatkan Dalam Prospektus: Bagaimanakah Tanggung Jawab Hukum Emiten? Meredith Fiona Effendi; Celina Tri Siwi K.; Hermanto Silalahi
Comprehensive Law Journal Vol. 2 No. 1 (2024): Juni : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

Prior to conducting a public offering, issuers are required to submit a company report called a prospectus that contains information about financial or non-financial statements. However, it become a gap for issuers by providing a prospectus contains misleading information where information provided is incomplete or issuer exaggerates a report of material fact. The formulation of the problem in this study is whether the issuer's legal liability due to misleading information in the prospectus on public offering transactions in the capital market has provided justice to investors and how to resolve if the issuer harms investors if there is misleading information in the prospectus on public offering transactions in the capital market. The research method used by the author in this study is a type of juridical normative and empirical juridical research. The results show that the issuer has to provide compensation to investors resulting from negligence in making a misleading prospectus. Efforts to resolve disputes if investors are harmed by way of complaints to the OJK.The advice that can be given is that if the issuer wants to make a public offering, before that, he must make the actual information, namely the information provided is not reduced or exaggerated.
Pelaksanaan Bantuan Hukum Secara Cuma-Cuma (Pro Bono) Pada DPC Peradi Rumah Bersama Advokat (RBA) Kabupaten Malang Maharani Putri Laimeheriwa; Hermanto Silalahi; Celina Tri Siwi K
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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This research aims to find out how pro bono obstacles providing free or pro bono legal assistance to the community is implemented and what are the experienced by the DPC PERADI Rumah Bersama Advokat (RBA) Malang Regency. The research method used empirical juridical research with a qualitative approach. Data sources were collected through interviews on informants consisting of the Chair and Secretary of Peradi RBA Malang Regency, and library data obtained from library sources, statutory regulations, and other literature. The results of the research show that Peradi RBA Malang Regency is pro bono legal assistance to the community has gone well and there were 6 (six) cases successfully handled in the period of 2021 to 2023. Peradi RBA Malang Regency also collaborates with various agencies to show the public that this organization exists to help underprivileged people obtain their rights. The obstacles faced in providing pro bono legal assistance are time, cost and bad stigma from society. Therefore, education for the public by the government and law enforcement officials must be a concern, because this education is very necessary to protect the rights of the community itself.
Penegakan Hukum Terhadap Praktik Modifikasi Kendaraan Bermotor Berdasarkan Undang Undang No 22 Tahun 2009 Tentang Lalu Lintas Dan Jalan Raya Haryo Herjuno Bintang Panji Kusumo; Hermanto Silalahi; Celina Tri Siwi K.
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

Based on the analysis of data and facts obtained by the author directly from the Batu City Transportation Agency, the author concludes that law enforcement carried out by the Batu City Transportation Agency is in the form of strict action not to issue a waybill and a vehicle inspection certificate for vehicles that have been modified where the action is intended that the owner of the motor vehicle cannot use his vehicle to be driven on the highway, with the practice of modification, the Transportation Agency conducted a joint operation with the Police with the aim of providing ticket sanctions to drivers who are proven to have been modified which endangers public safety on the highway as a public road. For the method used, using the empirical juridical method where this method is carried out by observation and data collection by interviewing the targeted respondents. The author's suggestion is that with the violation of the practice of modification of motor vehicles that experience changes in the shape of the vehicle so that it can result in accidents that cause loss of life and material losses. With the Batu City Transportation Agency making a pamphlet to warn that modifications made to motor vehicles, especially goods transport vehicles, can endanger the public and cause accidents. Routine joint operation activities carried out by the Transportation Agency and assisted by the Police in the hope of reducing modification practices because vehicle owners who have been modified are subject to fines by the Police and vehicles cannot re-apply for vehicle inspection certificates that are renewed every 5 years at the Batu City Transportation Agency, East Java.
Status Rumah Ibadah Dalam Pertimbangan Hakim Berkaitan Dengan Gugatan Sengketa Kepemilikan Bangunan Gereja Paraou Paskalis Sitanggang
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

Worship house is a building that functions as a place of worship established by members of a religion. From the beginning onwards, places of worship will always be used as a gathering place for the community to study religious values as well as being a marker (symbol) of the practice of religious teachings in living together in society. In short, houses of worship are present in society with social motives. On the other hand, other buildings, for example shops, warehouses, factories, hotels and so on, are buildings whose function and purpose are economically motivated, namely buildings with the aim of making a profit because they are used for business purposes. The probles in this research are whether the status of a church that functions as a house of worship can be a note that the judge takes into account when considering decisions and whether the status of a church that functions as a house of worship can prevent negative court decisions from occurring. This research uses normative legal research methods and the results of this research are that the status of a church that functions as a place of worship is not a note that the judge takes into account when considering the decision. Furthermore, the status of the church as a home is also not sufficient to prevent negative court decisions.
Perspektif Hukum Adat Terhadap Upaya Penanggulangan Kekerasan Dalam Rumah Tangga Agustinus Suwandi Ujang Uhing; Diah Imaningrum S; Hermanto Silalahi
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

Domestic violence in the household often occurs due to various economic factors, early marriage, infidelity. This research resolves domestic violence according to Dayak U'UD Danum customary law in Buntut Purun Village, Ambalau District, West Kalimantan. The method used is empirical legal research with a socological approach. From the phenomena obtained in the field, it is known that the forms of domestic violence in the Dayak U'UD Danum custom are slapped, choked, beaten, slammed and kicked. The factors that cause domestic violence in the community in Buntut Purun Village are economic factors, early marriage, jealousy and infidelity. The efforts of the customary leader in resolving cases of domestic violence in Buntut Purun village are by conducting customary law hearings for victims and perpetrators and imposing sanctions on the perpetrators, and the perpetrators are required to compensate in accordance with Dayak U'UD Danum customary law.

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