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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 19 No 2 (2018)" : 6 Documents clear
PERSPEKTIF VIKTIMOLOGIS BAGI PEKERJA RUMAH TANGGA DALAM HAL KELAYAKAN BEKERJA Leni Widi Mulyani
JURNAL LITIGASI (e-Journal) Vol 19 No 2 (2018)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.766 KB) | DOI: 10.23969/litigasi.v19i2.2006

Abstract

Domestic Workers (PRT) are very helpful figures in the household, a clean and healthy home will provide a comfortable atmosphere for the whole house. The duties of domestic workers are so important that the International Labor Organization (ILO) regulates their rights in ILO Convention No. 189 concerning Decent Work For Domestic Workers. However, on the other hand, the reality is actually far from what is stipulated in the convention. In Indonesia, there are still many violations of rights against them. This article seeks to discuss the legal position of domestic workers according to Law No. 13 of 2003 concerning Manpower and the position of domestic workers in the perspective of victimization and legal protection for domestic workers and the urgency of the Protection Act for Domestic Workers. The absence of national laws in terms of protection for domestic workers has made this group victims. Conditions of working hours and wages that have no clear rules have placed domestic workers as victims. Keywords: Domestic Workers, Eligibility to Work.
PERAN HUKUM DALAM PEMBANGUNAN BUDAYA MARITIM INDONESIA Tuti Marwati
JURNAL LITIGASI (e-Journal) Vol 19 No 2 (2018)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.814 KB) | DOI: 10.23969/litigasi.v19i2.1252

Abstract

This article discusses the role of law that uses cultural strategies as one way for a long-term transformation towards Indonesian maritime culture. Therefore this article will analyze whether Indonesian society has maritime culture and how the law plays its role in developing maritime culture in society. The identity of Indonesian people has a perception of maritime territory, but the culture that is later developed is as an agrarian nation, so that the paradigm of Indonesian society about the sea tends to be different from reality. In this connection, it will be explained that law should be able to play a role and develop in society as a progressive law because law is not an entirely separate entity from other social elements. In this term law is a tool for reformation in society, law is used as a tool by agents of change or pioneers of change that are expected to play a role in changing social values ​​in society. Indonesian people who still identify themselves in an agrarian culture, and who have not yet become a maritime country, can completely change with changes in government policy through regulation and maritime programs, one of which is through the Enthusiasm Program in order to build a full maritime culture. Keywords: Development of Indonesian Maritime Culture.
KEPASTIAN HUKUM PETANI PLASMA PADA POLA PEMBIAYAAN KEMITRAAN PERKEBUNAN INTI RAKYAT TRANSMIGRASI Dwi Nugrohandhini
JURNAL LITIGASI (e-Journal) Vol 19 No 2 (2018)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.567 KB) | DOI: 10.23969/litigasi.v19i2.1516

Abstract

The transmigration program that is funded by people’s core plantations partnership financing system or known as PIR Trans, aimed to improve the farmers and their families quality of life through increasing production and earn the core business. This writing aimed to analyze legal assurance secured by the plasma farmers in credit finance given by the bank in PIR Trans partnership. The credit was funded by BIG (as the core company) in the PIR Trans partnership. The research was done through a juridical normative research with specification of descriptive analytical, with the utmost of secondary data enhanced by premier data. Henceforth, it was analyzed juridically qualitative. The plasma farmers have not yet secured legal assurance in the credit funded by bank in the partnership of PIR Trans. It was due to no direct relation among the bank, the holding company, and plasma farmers in this partnership. The PIR Trans needs the changes in regulation, infiltrate more coercive elements to prevent core company from escaping its obligations. Keywords: PIR Trans, partnership system, plasma farmers.
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY DALAM RANGKA OPTIMALISASI PELESTARIAN LINGKUNGAN Andrew Shandy Utama; Rizana Rizana
JURNAL LITIGASI (e-Journal) Vol 19 No 2 (2018)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.118 KB) | DOI: 10.23969/litigasi.v19i2.843

Abstract

Companies that run their business causing pollution to the environment and society, such as air and water pollution, are required to carry out social and environmental responsibility (Corporate Social Responsibility / CSR). This paper intends to analyze the implementation of CSR in the context of optimizing environmental preservation, obstacles and legal efforts. This research is a normative legal research assisted by sociologist. The main data sources used in this study are secondary data and primary data only as secondary data support. The primary data were obtained at the study site in Pekanbaru, Riau. Data collection techniques used in this study are literature studies and field studies. The data analysis technique used in this study is qualitative analysis. Basically, companies that carry out pollution have implemented CSR, but the implementation has not generally met the expectations of the community because it is not comparable with pollution and environmental damage caused by the company's operational activities. The obstacle from the company side is the limited budget of CSR funds owned to be able to meet all the needs of the community, while from the community side is the lack of public legal awareness about CSR. Legal remedies that can be taken by the community when the company does not implement CSR is that the community can express their aspirations to the central, regional and local provincial DPRD so that the company is recommended to receive administrative sanctions or to report to law enforcement. Keyword: Corporate Social Responsibility, Implementation.
REFORMULASI PEMBUKTIAN TERBALIK DALAM MEMAKSIMALKAN PEMERIKSAAN PERKARA MONEY LAUNDERING DENGAN PREDICATE CRIME TINDAK PIDANA KORUPSI Dauglas Fernandho
JURNAL LITIGASI (e-Journal) Vol 19 No 2 (2018)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (194.739 KB) | DOI: 10.23969/litigasi.v19i2.922

Abstract

The pro and contra regarding the application of reverse proof in the case of money laundering is still being debated by legal experts, because the reverse proof is not in accordance with the presumption of innocence and there are indications of human rights violations in its application. The text intends to analyze the reverse evidence reformulation in maximizing the examination of money laundering cases with the predicate crime of corruption. In analyzing, the normative juridical method used are the statue approach and comparative approach. The type of legal material used is primary legal material in the form of related legislation, and secondary legal material in the form of books and scientific articles. The reverse verification system adopted by Indonesia has not been able to function effectively as expected. It is necessary to immediately apply alternative evidences proposed and initiated by thinkers in developed countries who base reverse evidence on a balanced probability of principles, which promotes a proportional balance between protecting individual independence on the one hand, and deprivation of the individual's rights over assets his alleged wealth stems from corruption. Keywords: Reverse Proof, Money Laundering, Corruption.
PROBLEMATIKA PERAN DAN FUNGSI MAJELIS PENGAWAS DAERAH NOTARIS Irwan Saleh Indrapradja
JURNAL LITIGASI (e-Journal) Vol 19 No 2 (2018)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.552 KB) | DOI: 10.23969/litigasi.v19i2.2102

Abstract

A notary profession is a profession that serves the needs of the community, a supervisory agency is needed for the notary to carry out his professional duties. To be conveyed and delivered nobleness, as well as professional notary work regulations, the government has approved and established institution, one of which is called the Regional Supervisory Council (MPD). Regional Supervisory Council, in carrying out its duty of supervising faces some problems, one of which coming from the Decision of the Constitutional Court No. 49 / PUU-X / 2012. This article discusses the Regional Supervisory Councils at the City and Regency level for the Notary profession as a supervisory institution and the frontline in notary oversight. The authority of the MPD is only to reprimand both verbally and in writing. The authority of the MPD which was originally able to take action against the performance of a notary that was against the ethic and moral as mandated by the law, has been revoked by the Constitutional Court Decision. This causes weakness of MPD Notary. Meanwhile, the notary profession in the state system is needed as the frontline in law enforcement in addition to other legal professions. MPD at the City and Regency level for the Notary profession is as a supervisory institution and the frontline in planning and implementing noble moral dignity for the notary profession. Keywords: Notary Regional Supervisory Council.

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