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"Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum"
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<![CDATA[Perlindungan Hukum Terhadap Pemenang Lelang Hak Tanggungan Dalam Proses Peralihan Hak Atas Tanah Karena Lelang ]]>
<![CDATA[Andriansa Buana, Erlando]]>;
<![CDATA[Sungkowo Raharjo, Purwono]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37982
<![CDATA[This legal research aims to find out how the form of legal protection given by mortgage regulations to the auction winner in the transfer of land rights and what obstacles occur in the transfer of land rights to the auction winner at the Sukoharjo Regency Land Office. This research is normative legal research which is prescriptive. The research approach used is a statutory approach. Types of legal materials used are primary legal materials and secondary legal materials. The type of data used is literature study and clarification. Furthermore, using analysis techniques that are deductive. The results of the study indicate that the legal protection given by mortgage regulations to the winner of the auction in carrying out the transfer of land rights that he has won. While the obstacles that occur to the auction winner in carrying out the transfer of land rights; the existence of a lawsuit proposed by the former debtor as the original land owner, the blocking of land against the auction object that has been won, and the former debtor as the original land owner was not immediately to vacate the auction object that should have rotated to another party. This study is carried out so that the auction winner gets the right that should be obtained for the purchase of the auction object he has won.]]>
<![CDATA[Regulation of Group Company Expansion Restrictions in the Coal Mining Sector Viewed from Indonesian Laws and Regulations ]]>
<![CDATA[Hartana, Hartana]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37983
<![CDATA[The growth of coal mining business in the last ten years in The Indoensia region must certainly be balanced with the fulfillment of the prevailing laws and regulations. So in this article will be discussed about the legislation that specifically regulates the restriction of expansion of group companies, especially in the coal mining sector in Indonesia. The result of this study is Law No. 4 of 2009 on Mineral and Coal Mining provides restriction arrangements for group companies, namely IUP or IUPK holders are prohibited from involving subsidiaries and/or affiliates in the field of mining services in the mining business area they are working in, except with the permission of the Minister. The maximum area ownership of IUP in group companies is not limited.]]>
<![CDATA[Konsep Asas No Work No Pay Terhadap Pekerja Oleh Perusahaan Terdampak Pandemi Covid-19 ]]>
<![CDATA[Irfan, Muhammad]]>;
<![CDATA[Subekti, Rahayu]]>;
<![CDATA[Sungkowo Raharjo, Purwono]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37984
<![CDATA[This study aims to determine the concept of the no work no pay principle in laws and regulations by companies with the Covid- 19 Pandemic concept. Methods This research is a prescriptive normative legal research. The legal sources of this legal research use primary and secondary legal materials. The approach technique used is the method of applying the law and the conceptual approach. Data collection techniques used are literature study, document study and interviews. The technique of analyzing legal materials is descriptive using the deductive reasoning method. Results Based on research on the concept of wages according to the no work no pay principle by the Covid- 19 pandemic company, there are several concepts that can be used as guidelines. First, the basic concept refers to and is guided by the no work no pay principle contained in Article 93 paragraph (1) of Law Number 13 of 2003 concerning Manpower which reads "Wages are not paid if the worker/labourer does not do work" . The no work no pay principle applies if the Worker/Labourer does not work on the basis of the Worker/Labourer's own fault or intention. Because there is no work without wages, it does not apply if the condition of the Worker/Labourer experiences several conditions as regulated in Article 93 paragraph (2) of the Manpower Act. However, what is noted in the wage policy in the Covid-19 pandemic is that the provisions in Article 93 paragraph (2) letter f do not apply, because it cannot be fulfilled "the employer does not employ workers or laborers due to their own mistakes or because of obstacles that can be avoided by the entrepreneur" because the Covid-19 pandemic condition is an event that cannot be avoided and is not the fault of any party.]]>
<![CDATA[Aspek Hukum Pemanfaatan Hutan Lindung Untuk Tempat Wisata ]]>
<![CDATA[Budi, Fenny]]>;
<![CDATA[Subekti, Rahayu]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37986
<![CDATA[The objective of research was to find out the suitability of the use of protected forests in Karanganyar Regency for tourist attractions with statutory and concerning the legality of retribution withdrawal by local governments which is legal because local governments have regional autonomy.With the legal issue, the author uses normative research methods with perspective research of used cases and regulatory approaches. Nature tourism is one form of protected forests utilization that falls into the group of environmental services utilization according to Article 1 number (6) Regulation of Minister of Forestry Number P.47/MENHUT-II/2013. The helding of tourism in protected forest areas is allowed with the provision not to reduce, change, or eliminate its main functions, change the landscape, and damage environmental elements. However, in the implementation, the parties that involved didn't apply it as it used to be, there were persons who violated the rules that have been made. In addition to violations in the use of protected forests as tourist attractions, other problems occurred was the withdrawal of the retribution, in interviews that the author did with the management of protected forests, it claimed that the withdrawal of retribution in tourist attractions that use protected forests is basically not the right of the local government because the manager of the protected forest doesn't come from the local government but Perum Perhutani instead.]]>
<![CDATA[Aspek Keadilan Pancasila dalam Mediasi Perselisihan Hubungan Industrial Pada Dinas Perindustrian Dan Tenaga Kerja Kabupaten Sukoharjo ]]>
<![CDATA[Fajar, Sukmajati]]>;
<![CDATA[Subekti, Rahayu]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37987
<![CDATA[The purpose of writing this research is to find out about pancasila justice in the of industrial relations dispute mediation at the Departement of Industry and Manpower of Sukoharjo Regency. The writing of this research uses a normative juridicial legal research method by reviewing library materials or secondary data. The nature of the data research and the approach used are prescriptive and statute approach. Pancasila Justice has characteristic of humanizing humans in a fair and civilized manner according to their human rights and providing social justice for all Indonesian people. From the data dispute cases that have been analyzed, there are still procedures and recommendations that are not in accordance with Law Number 2 of 2004 concerning Settlement of Indutrial Relations Disputes, Law Number 13 of 2003 concerning Manpower and Pancasila Justice. This legal fact causes dispute resolution through mediation to be unfair because it is not in accordance with Pancasila justice where Pancasila jutice has the characteristics of humanizing humans fairly and civilly according to their human rights and providing social justice for all Indonesian people.]]>
<![CDATA[Efektivitas Perekrutan Tenaga Kerja Lokal dari Perspektif Economic Analysis of Law ]]>
<![CDATA[Partama Putra, I Wayan]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37988
<![CDATA[Based on the Badung Regency Regional Regulation Number 8 of 2014 concerning the Implementation of Employment Services in article 11 of the perda, it states that companies provide opportunities for local workers, with the company's needs without compromising labor competency standards. The theory of effectiveness is used to dissect and analyze aspects of the benefits of local labor recruitment with the theory of Economic Analysis of Law where the data obtained are data from field research. From the description above, two problems are obtained, related to the effectiveness of the Badung Regency Regional Regulation Number 8 of 2014 on the recruitment of local workers from the perspective of the Economic Analysis of Law and the inhibiting and supporting factors of the effectiveness of the Regional Regulations. The method in this research is empirical legal research, descriptive nature with the type of real behavior approach and statutory approach. Sources of data used are primary data and secondary data, data collection techniques by observation, interviews and documentation studies. Determination of the research sample used is positive sampling. The data analysis used is qualitative analysis. The recruitment of local workers to companies in the Kerobokan Traditional Village was declared effective because each company made sure that local workers were well absorbed. However, the ineffectiveness was found because the percentage of the agreement between the Kerobokan Traditional Village and the company was that 40% of the local workforce was not fulfilled.]]>
<![CDATA[Peradilan In Absentia Dalam Tindak Pidana Korupsi dan Hak Pembelaan Terdakwa dalam Perspektif HAM ]]>
<![CDATA[Yahya Deramayati, Tiara]]>;
<![CDATA[Unggul Wicaksana, Satria]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37989
<![CDATA[The justice of in absentia got a serious issues that concered to the pros and cons defendant of corruption criminal act, which is the good impact of in absentia implementation can advanced the justice process in recovering the costs state offered another impact to the defendant who has took an advantages of in absentia to run away abroad (DPO) and wasn’t attend the court, so that the defendant can’t be fulfilled his rights for the self- defense. The studies has made for (1) the authority of the public prosecutor in absentia implementation and (2) the criminal procedural of law mechanism (KUHAP) related by in absentia and the relevance of the Rights defidant that seen by HAM point of view in Indonesia. By using the research methods of sosio- legal, based on law comprehensive and connected with the implications for legal fact in society. The result of the study has proved that in the in absentia implementation wasn’t violated the rights of corruption defendant based on law criminal procedure (KUHAP) which is the defendant has called legally by the public prosecutor but it wasn’t attended court so that the restrictiory on civil can be imposed (Derogble Rights). In the law of human rights which based on siracusa principle in international convention of civil rights and politics that in state of emergency can be made the restictions under certain conditions. But in the restrictions of Rights it supposed to pay attention of in absentia implementation so that the processed can be done by the procedure.]]>
<![CDATA[Kedudukan Transfer Pemain Dalam Sepak Bola: Suatu Kajian Perspektif Hukum Islam ]]>
<![CDATA[Fitri, Winda]]>;
<![CDATA[Firdausa, Alif]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37990
<![CDATA[Currently football has become an industry that includes all forms of business activities in it. Including the matter of buying and selling players in football or better known as transfers. This research aims to find out how Islamic law reviews the position of the transfer of football players in Islam. Packaged in the form of articles that are normative legal research using secondary data types, namely data obtained from literature. The law of the transfer of football players in Islam is permissible if it does not violate the existing provisions of Islamic Law. Transfer in football is a lease (ijarah) of services, although it is often referred to as buying and selling. Allah swt justifies buying and selling and haram usury, by buying and selling what is meant is buying and selling that is not against the Islamic law.]]>
<![CDATA[Urgensi Suatu Regulasi yang Komprehensif Tentang Fintech Berbasis Pinjaman Online Sebagai Upaya Perlindungan Konsumen di Indonesia ]]>
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Regent, Regent]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37991
<![CDATA[The existence of human civilization has entered a comprehensive stage of progress, the real form of this progress can be seen from the increasingly advanced development of information and communication technology. These technological advances have also been exploited in the financial transaction sector with the presence of technology-based financial institutions (fintech). The formation of laws that specifically regulate the implementation of the fintech industry, especially online fintech loans, is very necessary because the current regulations have not been able to fully accommodate legal issues that arise in the implementation of online lending fintech activities. One of the most crucial problems that arise in the implementation of fintech activities is the absence of strict sanctions that can be used by law enforcers in eradicating illegal online loan fintech service providers whose existence often violates the rights of public consumers. With the enactment of a law that specifically regulates the implementation of online loan fintech services, it is hoped that it can provide guarantees and legal certainty, especially in protecting people's rights.]]>
<![CDATA[Relevansi Hubungan Hukum Pidana Lingkungan Hidup Indonesia dengan Prinsip Sustainable Development Goals ]]>
<![CDATA[Tantimin, Tantimin]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v7i2.37992
<![CDATA[Development is a goal of the Indonesian nation to increase in increasing its growth. Development must be based on the principle of sustainable development based on environmental principles in the Sustainable Development Goals. However, in its implementation, development sometimes slightly ignores environmental aspects, so that the role of environmental criminal law is the juridical basis in carrying out the limits of authority carried out on the environment and as the basis for law enforcement. This research was conducted using the juridical-normative method, where the study of the approach used a conceptual approach. The purpose of this study is to examine whether the development goals in the SDGs have the same goals related to the aspect of law enforcement. The results of this study found that the pillars of the SDGs in terms of realizing environmental-based development must be supported by institutions such as politics, law, and bureaucracy in realizing development and law enforcement that is just. Law enforcement based on Law 32 of 2009 on Environmental Protection and Management which is the result of revision of several previous laws seems to have been able to provide fair law enforcement for the community and the environment.]]>
