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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 22 No 1 (2021)" : 6 Documents clear
STUDI TENTANG KEKERASAN SEKSUAL YANG DILAKUKAN MELALUI PEMBESARAN ALAT KELAMIN Anna Maria Salamor; J.E. Latupeirissa; D.J.A. Hehanussa; Y. B. Salamor
JURNAL LITIGASI (e-Journal) Vol 22 No 1 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i1.3808

Abstract

Violence against women is a global phenomenon that is not affected by racial or ethnic boundaries, culture and social class. One form of violence against women is sexual violence. Sexual violence is a form of violence that can occur in both public and domestic spheres. The legal subjects of perpetrators of sexual violence are usually suffered by women and children who are often seen as weak victims. One form of sexual violence against women is to enlarge the genitals. The problem in this study is whether genital enlargement can be qualified as sexual violence. The research method used is normative juridical. Husband and wife relationship is a fun sexual activity between partners. The concept of masculinity and self-esteem which is shown by the symbolism of the size of the genitals and high sexual ability can lead to sexual violence between partners. In some cases, enlargement of the genitals (penis) is done without the wife (partner) knowing. When penetration occurs and causes a painful feeling, the wife (partner) realizes that the husband's genitals have been enlarged. On the other hand, when the pain arises during penetration, the wife asks to stop or stop for a moment but is ignored and is still forced to penetrate until they are finished. Enlargement of the genitals accompanied by force during intercourse is a form of sexual violence, however it is still considered taboo in domestic life because the wife is ashamed of the public's scrutiny if it is reported to the police. Keyword: Genitals; Violence; Sexual.
STUDI KOMPARASI PENDEKATAN HUKUM PADA PENGATURAN INSIDER TRADING DALAM KAITANNYA DENGAN PENEGAKAN DI DUNIA PASAR MODAL Made Cinthya Puspita Shara
JURNAL LITIGASI (e-Journal) Vol 22 No 1 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i1.3856

Abstract

The approach of fiduciary duty used in upholding capital market law in Indonesia implies on the imposition of crimes against insider trading becomes narrow. The obligation to prove the elements against the law to be able to prosecute the insider trading is also considered burdensome in providing justice. Insider trading is very likely to committed by parties who are not related to the company and to obtain information voluntarily. The weaknesses of the stipulation of legal approaches in Indonesia make it less viable to enforce material information on the capital market. Therefore, this study aims to understand the law enforcement that can guarantee security in the world of capital markets. This research will examine the use of the concept in Singapore which uses the concept of an information connected approach. In this concept, as the findings showed, Singapore uses a combination of approach to fiduciary duty and misappropriation. Based on this research, the results showed that the approach combining two possible actions of insider trading is a regulation that can provide more coerciveness to law enforcement in the capital markets. Therefore, it is necessary for Indonesia to carry out legal development by applying the misappropriation approach in the stipulations of insider trading in Indonesia. Keywords: Insider Trading, Legal Approach, Information.
DISPARITAS PUTUSAN PENGADILAN MENGENAI PERKARA KORUPSI BIAYA PEMUNGUTAN PAJAK BUMI DAN BANGUNAN DIHUBUNGKAN DENGAN PRAKTEK PENEGAKAN HUKUM Yusep Mulyana
JURNAL LITIGASI (e-Journal) Vol 22 No 1 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i1.3658

Abstract

The cause of disparities in punishment in the settlement of criminal cases is the independence of judges in carrying out their profession. The existing laws do not regulate or limit the minimum sentence imposed upon the accused. Based on the basic experience, the consideration of the defendant's condition includes the individual, the behavior of the community, the financial situation and social status. The disparity in court decisions in cases of corruption can lie on legal paradigm by formulating the contents of legislation properly, avoiding mistakes in interpreting the law, using reasoning both deductively and inductively and discovering legal values ​​that live in the society. Criminal disparities cannot be eliminated by themselves. Therefore, there must be benchmarks with transparency in the imposition of criminal sanctions in accordance with the principles of criminal procedural law. Keywords: Disparity, Crime of Corruption, Law Enforcement.
URGENSI AKTA NOTARIS DALAM PERJANJIAN PENGALIHAN LISENSI RAHASIA DAGANG SEBAGAI UPAYA MEMBERIKAN KEPASTIAN HUKUM PARA PIHAK Herdy Ryzkyta Ferdiana; Muhamad Amirulloh; Kilkoda Agus Saleh
JURNAL LITIGASI (e-Journal) Vol 22 No 1 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i1.3883

Abstract

Confidential information or trade secrets of a company is very important for business actors, since the development of information-based business. Information has economic values and concerns the quality of the goods and services produced. If the transfer of trade secrets does not explicitly mention the existence of a connection with a Notary Deed, the interests of the parties in an agreement for the transfer of rights and trade secret licenses will lack of legal protection and ultimately create legal uncertainty. The notary deed serves as a means of proof in the event of a trade secret dispute for the parties involved. The power of proof of a notary deed as evidence is a perfect power of proof which then the notary deed must be recorded at the Directorate General of IPR. Keywords: legal certainty; trade secret; deed.
PENGUJIAN PERATURAN KEBIJAKAN DALAM SISTEM PERADILAN DI INDONESIA Firdaus Arifin
JURNAL LITIGASI (e-Journal) Vol 22 No 1 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i1.3751

Abstract

The policy regulation is one of the government instruments or tools and means used by the government, including state administration officials in criminal justice in carrying out government tasks and other judicial actions. The existence of this policy regulation is a consequence of the welfare law state which imposes a very broad task, namely for the attainment of the people's welfare in accordance with the objectives of the welfare state itself. However, in the development of policy regulations that were originally intended and needed in carrying out governmental duties, in fact their implementation cannot be separated from the problems of conflicts with other legal norms and other legal problems. This paper wants to answer an important question, namely; "What is the basis for government action to issue policy regulations and why policy regulations, theoretically and in practice, cannot be categorized as statutory regulations?". The conclusion that can be drawn from this paper is related to the large "space for movement" held by the government and the positions in the judicial field to make policy regulations. For this reason, it is necessary to recommend Supreme Court to issue a Supreme Court Regulation which regulates technical proceedings related to the review of policy regulations. Delegating the authority to review policy regulations to become the authority of the State Administrative High Court (PT TUN) is a strategic step that can be developed by the Supreme Court of the Republic of Indonesia. Keywords: Testing, Policy Regulations, Regulations, Contradictions of Norms, Government Administration.
PERBANDINGAN HUKUM PENGAMBILALIHAN PERUSAHAAN MENURUT HUKUM PASAR MODAL INDONESIA DAN AMERIKA SERIKAT Raden Mas Try Ananto Djoko Wicaksono
JURNAL LITIGASI (e-Journal) Vol 22 No 1 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i1.2878

Abstract

This article discusses capital market law in gathering expertise in Indonesia and the United States (US) as well as legal protection for stakeholders related to the process of gaining expertise. In this study a method use a comparative approach that is descriptive in nature. The results of the research conducted show that there are some similarities in the implementation of tenders between Indonesia and the US, but there are some differences, such as the procedures for protecting the stakeholders related to the process of making expertise. Keywords: Capital Market Law, Company Expertise Taking, Public Company, United States Law, Business Law.

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