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INDONESIA
Jurnal Komunikasi Hukum
Published by Universitas Pendidikan Ganesha
ISSN : 23564164     EISSN : 24074276     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL KOMUNIKASI HUKUM is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. JURNAL KOMUNIKASI HUKUM is published by Faculty of Law and Social Sciences of Universitas Pendidikan Ganesha Singaraja.
Arjuna Subject : -
Articles 645 Documents
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EFEKTIVITAS DINAS LINGKUNGAN HIDUP DALAM MENGELOLA SAMPAH SEBAGAI UPAYA PERLINDUNGAN TERHADAP LINGKUNGAN Mustika Wararatna; Rahayu Subekti
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.48856

Abstract

The goal of this research was to know how effectiveness of trash management based on legislation adopted by the South Tangerang City Environmental Service. The author uses empirical legal methods, using a descriptive qualitative approach. Primary data were gained through conducting field interviews, while secondary data was gathered through a literature review. Considering the study's findings, The South Tangerang City Environmental Service manages garbage in accordance with all applicable relevant laws and regulations, namely Constitution Number 18 of 2018 concerning Garbage Management, South Tangerang City Regional Regulation Number 13 of 2019 concerning Change On Regional Regulation Number 3 of 2013 concerning Trash Management, and Regulation Mayor South Tangerang Number 50 of 2017 concerning Trash Management. However, it is not fully successful in its implementation since the garbage dump is not located in line with the provisions of the garbage dump determination, resulting in environmental contamination in the area surrounding the garbage dump. The inadequate location of the landfill, the residents' lack of awareness of the value of participation in waste management, and limited waste management infrastructure are among the challenges faced by the Environmental Service of South Tangerang City in implementing waste management.
KEPASTIAN HUKUM PENDAFTARAN HAK TANGGUNGAN BERDASARKAN PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL 5 TAHUN 2020 TENTANG PELAYANAN HAK TANGGGUNGAN TERINTEGRASI SECARA ELEKTRONIK Ni Putu Yunika Sulistyawati,; Sang Ayu Made Ary Kusumardhani; I Komang Indra Witara Murti
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.49733

Abstract

Mortgage registration is a procedure and requirement that must be passed by the registrant until it is realized by the issuance of a mortgage certificate. The problem of this research is how is the legal certainty of electronic mortgage registration based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2020 concerning Electronically Integrated Mortgage Services. Electronically Integrated Mortgage Services called the HT-El System is a service process mortgage rights in the context of maintaining land registration data organized through an integrated electronic system. The legal certainty of Electronic Mortgage registration based on the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency Number 5 of 2020 concerning Electronic Integrated Mortgage Services guarantees legal certainty for both Mortgage Providers, Mortgage Recipients and third parties. The implementation follows the rules in the implementation of electronic mortgage registration in accordance with the provisions of Article 10 regarding the role of land certificate making officials (PPAT) in the electronic mortgage registration process, for the sake of the integrity and authenticity of electronic documents, the mortgage certificate issued by the electronic mortgage system is marked electronic hand used as a means of verification and authentication. Of course, legal certainty is guaranteed for all parties, both the official for making land deeds (PPAT), and the Agrarian and Spatial Planning Office/National Land Agency.
ANALISIS IMPLEMENTASI GADAI TANAH PERTANIAN MENURUT UNDANG-UNDANG NOMOR 56 PRP TAHUN 1960 (STUDI DI KABUPATEN PONOROGO) Akbar Ardya Putra; Rahayu Subekti; Purwono Sungkowo Raharjo
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.49735

Abstract

This study analyzes and examines the implementation of agricultural land pawning according to Law Number 56 PRP of 1960 in order to examine whether it has been effective or not in Ponorogo Regency. This research is included in the descriptive empirical research. Sources of data and types in this study are primary and secondary data. The approach applied in this research is a conceptual approach, a statutory approach and a sociological approach. The location chosen by the researcher for this research is Ponorogo Regency. Data collection techniques used are interviews and document and literature studies. The data analysis applied in this study was carried out qualitatively or descriptively. Looking at the development of the research carried out, the researcher can conclude that the implementation of pawning agricultural land in Ponorogo Regency has not been in accordance with Law Number 56 PRP of 1960. This happened because the people in Ponorogo Regency, which in general are rural communities, more often use customary law or customary law. verbal agreement on the implementation of the agricultural land pawn agreement because it is considered more efficient and easier in its implementation. So that the role of the government and the community is needed so that land pawn regulations can be effective, especially in Ponorogo Regency
KAJIAN YURIDIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG SENGKETA KEWENANGAN LEMBAGA NEGARA YANG KEWENANGANNYA DIBERIKAN UUD TAHUN 1945 Muzayanah
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.49972

Abstract

The authority of state institutions granted by the 1945 Constitution often experiences problems due to the emergence of different interpretations of the issue of authority between one state institution and the authority of other state institutions. Disputes on the authority of state institutions occurred in Indonesia which resulted in delays in the implementation of the authorities held by state institutions that were given and regulated in the 1945 Constitution. Disputes on the Authority of State Institutions (SKLN) related to Presidential Decree (Keppres) of the Republic of Indonesia Number 105/P of 2021 concerning Dismissal Acting Governor of South Kalimantan and Ratification of the Appointment of the Governor and Deputy Governor of South Kalimantan. The lawsuit filed is related to the application filed on September 16, 2021 which was received at the Registrar's Office of the Constitutional Court on September 17, 2021 based on the Deed of Submission of the Petitioner's Application Number 02/SKLN/PAN.MK/AP3/10/2021 and recorded in the Electronic Constitutional Case Registration Book (e-BRPK) with Number 2/SKLN-XIX/2021 on October 26, 2021, submitted by a person named Khairil Anwar. Mr. Khairil Anwar basically asked that Presidential Decree No. 105/P/2021 be revoked, stating the reason that at the time of the inauguration of the Governor and Deputy Governor of South Kalimantan, Br. Khairil Anwar is in the process of submitting an application for the General Election Results Dispute (PHPU) for the Governor of South Kalimantan Election at the Constitutional Court (MK), namely Case Number 151/PHP.GUB-XIX/2021 which has been registered with the Constitutional Court which is still in process and officially registered with Online Number 42/PAN.Online/2021 dated August 25, 2021, 10:44 WIB, exactly 2 Hours 46 Minutes before the scheduled inauguration at 13.30 on the same day. The Court is of the opinion that Mr. Khairil Anwar did not meet the requirements to file a case and was asked to study the MK's procedural law first in litigation at the MK. In the case submitted, Mr. Khaliril Anwar is not one of the state institutions mentioned in the 1945 Constitution as a party that can litigate. Then the problem in this research is whether Mr. ? This study uses a case approach and legislation. The method of analysis in this research is descriptive analysis. The results of the study describe that the Constitutional Court with the Constitutional Court Decision Number: 2/SKLN-XIX/2021 gave the decision not to accept the lawsuit filed by Br. Khairil Anwar with the verdict read out in the trial of the Constitutional Court.
PERKAWINAN PADA GELAHAN (STUDI LEGITIMASI FOLOSOFIS, SOSIOLOGIS DAN YURIDIS PRAKTEK PERKAWINAN PADA GELAHANG PADA MASYARAKAT HINDU BALI) I Nengah Suastika
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50595

Abstract

This study aims to examine the philosophical, sociological and juridical foundations as well as the conditions for marriage in gelahang according to Balinese Hindu customary law. This research uses a qualitative type of research. Data collection techniques through interviews, observations, and documentation studies. Data analysis uses qualitative data analysis which begins with data accumulation, data reduction, data presentation and data retrieval. Philosophically, marriage in gelahang is formulated as a belief in the ceritra of the Jaratkaru contained in the Upanisads which states that the deceased person, his spirit will be tormented and cannot be reincarnated if he does not have children. Sociologically the family passed on its descendants by other families has a piscological skates that are difficult to decipher in order to establish harmony. Juridically the legal basis of marriage in gelahang is sloka in Manawa Dharmasastra IX. 118 which declares to the sisters, the brethren shall give some part of their share, each a quarter of its share; those who refuse to give it will be locked. The main conditions of the marriage process in gelahang are not saying goodbye (saying goodbye to ancestors) in the woman's merajan and the existence of a prenuptial agreement. The main conditions of the marriage process in gelahang are not saying goodbye (saying goodbye to ancestors) in the woman's merajan and the existence of a prenuptial agreement. The material for the prenuptial agreement on marriage in gelahang, namely: (1) regarding the answer to the parents, (2) regarding the child, (3) regarding the tangungjawab in the traditional village, (4) regarding the place of burial after death, and (5) regarding the inheritance property.
ANALISIS SOSIO-LEGAL PERAN LEMBAGA ADAT DALAM PENYELESAIAN KONFLIK LAHAN PADA HUTAN ADAT DI WILAYAH KABUPATEN MERAUKE Nasri Wijaya; Handika D. A. Pelu; Fransiskus Samderubun
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50873

Abstract

This research is a Socio-Legal Analysis of the Role of Customary Institutions in Resolving Land Conflicts in Customary Forests in the Merauke Regency Region, while the problems to be studied are about how the position of customary forests belonging to the Marind customary community in the Merauke Regency area is in the perspective of legislation and how the process of transitioning customary forest land by the Marind indigenous people in the Merauke Regency area. The purpose of this study was to find out how the position of the customary forest belonging to the Marind customary community in the Merauke Regency area is in the perspective of legislation and to find out the process of resolving forest land conflicts by the Marind customary community in the Merauke Regency area. The research method used in this research is Juridical Sociolegal. This research is a study that looks at law through a combination of normative analysis (legal norms, juridical) and non-legal science approaches. Based on the Papua Province Perdasus Number 23 of 2008 concerning the Ulayat Rights of Indigenous Law Communities and Individual Rights of Indigenous Peoples to the Land of the Indigenous Peoples, Marind Imbuti, the owner of customary land in the Veterans area of Merauke Regency, does not own customary forest, but owns land or customary forest. The process of transitioning the Ulayat Forest belonging to the Marind Imbuti customary community inhabiting the Merauke Regency area must go through the Customary Process and Administrative Process, both of which are quite strict and selective.
PENGATURAN SISTEM ELEKTRONIK DALAM PENGAMBILAN KEPUTUSAN RAPAT UMUM PEMEGANG SAHAM (RUPS) PERSEROAN TERBATAS YANG BERKEPASTIAN Komang Febrinayanti Dantes
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i1.50941

Abstract

This study aims to determine and analyze the rules in the event of the General Meeting of Shareholders conducted electronically. Events in the General Meeting of Shareholders which are conducted using an electronic system where the shareholders cannot meet face-to-face directly, but face-to-face with the media provided by the institution providing the electronic GMS. This incident created a gap for shareholders to deny the results of the decision of the General Meeting of Shareholders electronically, because the electronic GMS was included in the category of a mere fact (circumstances) which was temporary. So it is very necessary to have strict rules regarding its implementation. The Financial Services Authority then issued the Financial Services Authority regulations POJK 15 and POJK 16 which can bridge and make the implementation of the GMS electronically based on law and are not easy to be denied as a legal act from the shareholders on the statement of their will. The shareholders in the electronic implementation of the GMS make a separate statement, fingerprint, and electronic signature which have been clearly regulated in the Information and Electronic Transaction Law Number 16 of 2019 on the amendments to Law Number 11 of 2008 and also refer to in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies.
ANALISIS PERATURAN PERUNDANGAN-UNDANGAN MENGENAI EKSPANSI PERUSAHAAN GROUP DI SEKTOR PERTAMBANGAN BATUBARA Hartana
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50949

Abstract

In relation with the coal mining business growth in Indonesia for the past 10 years, than it must also supported with the fulfillment of the applicable Laws, than the purpose of this disertation are, first, the author eagers to know and to find the Laws which specifically regulates the expansion buoying of Group Company especially in coal mining sector. Second, the author eagers to know about the implementation of Group Company expansion in coal mining sector. Third, to know, analyze, and to find the implication of Group Company expansion in mining sector toward monopoly practice and unfair business competition. In this research, the author uses the Juridical Empirical Method, a procedure of solving research problems by first, researching secondary data to continue with the primary data research on field. As for the type of the research are Literature and Field research. The results of this research are, first, that the Law No. 4 Year 2009 regarding Mineral and Coal Mining regulates about the buoying of group company, mentioning that the IUP and IUPK owners are banned from involving their sister company and/or their affiliation in mining service industry located in their mining area, except they have the Minister’s License. Meanwhile maximum area ownership of IUP in group company is not restricted. Second, the most common group expansion in coal mining industry are by establishing holding company, acquisition and joint venture. The principal motive of these actions are economy and psychology. Third, group company expansion in coal mining industry implicates on the growth of new companies and directly implicate the ownership of holding company shares in the sister company. In addition, group company expansion also implicates the business diversification as part of strategic action in order to dominate the upstream and downstream business. Last, group company expansion implicates on the rise of coal production which is at current condition it has not been implicates to monopoly prctice and unfair business competition. The coal production has major role in supporting the National and Regional development.
PENGARUH IMUNITAS PEJABAT NEGARA DAN KEBIJAKAN KEUANGAN NEGARA DALAM PENCEGAHAN KKN PADA MASA COVID-19 Budiyardi; Lu Sudirman; Rufinus Hotmaulana Hutauruk
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.50957

Abstract

At the end of 2019, it was reported that there was an outbreak of a disease that spread very quickly and was still the Corona Virus Disease 2019 (COVID-19). China officially reported the presence of the corona virus to the World Health Organization (WHO) on December 31, 2019, but a team from Harvard University, by analyzing satellite photos of traffic around a number of hospitals in Wuhan, Hubei Province, China experienced an increase starting last month. August 2019, this may indicate that the corona virus appeared in the city earlier than the reported time frame. As for the problems that will be researched in order to achieve clear and systematic goals and objectives and as desired, the authors limit the problems to be researched so that can answer the question of how the immunity of State Officials in regulating financial policies is reviewed through PERPU 1/2020 in handling Covid-19 and how the influence of PERPU No. 1/2020 and the Constitution against abuse of the authority of state officials in determining financial policy? This research is directed to examine the extent to which PERPU no. 1/2020 can ensure financial stability and the financial system remains safe from threats to the country's economy in the context of handling Covid-19, which is increasingly making the world economy, including Indonesia. The influence of state officials' immunity and state financial policies in preventing KKN during the covid-19 period is very important to be able to help this nation to become a nation that is far from KKN actions and that can be done if the state officials have honesty, truth and justice so as to produce good morality. against state official.
PEMALSUAN MEREK SEPATU DI INDONESIA: PENGATURAN DAN SANKSI? Khelvin Risandi; Hari Sutra Disemadi
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51029

Abstract

The laws and regulations in Indonesia have regulated brand counterfeiting, but the cases have not decreased yet. The rise of brand counterfeiting is caused by the condition of society and ineffective laws and regulations. Previous similar studies have discussed the trademark registration procedure and its obstacles as well as the study of mark cancellation, while this research focuses on the regulation and sanctions for brand counterfeiting. The purpose of the study was to find out how the legal arrangements against the perpetrators of counterfeiting shoe brands spread in Indonesia. This study uses a normative juridical research method, with a library search technique. The results of this study indicate the level of effectiveness of laws and regulations related to brands as law enforcement tools in Indonesia, ranging from legal substance to criminal penalty.

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