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Jurnal Daulat Hukum
Published by Universitas Islam Sultan Agung
ISSN : 2614560X     EISSN : 2614560X     DOI : 10.30659
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Focus and Scope The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 19 Documents
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Search results for , issue "Vol 2, No 3 (2019): September 2019" : 19 Documents clear
Outsourcing Agreement In The Perspective Of Pancasila Industrial Relations Rizal Anugrah Bachriar
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5641

Abstract

In the midst of the rebirth of public concern over the dangers of capitalism, the government would legalize the practice of outsourcing that are economically and morally detrimental to workers / laborers. Outsourcing is an agreement made between employers and workers / laborers, which the company can transfer part of its work to other companies through chartering agreement / service provider's written work. The outsourcing company usually makes a contractual agreement with the workers if there are companies that need workers. The contract is usually only valid for jobs are still available, and if the contract for the work has expired, then the working relationship between workers and outsourcing company also ended. Key Words: Outsourcing; Pancasila; Employment Act.
Legal Protection For Labor Contract In PT. Nawakara Perkasa Nusantara I Nengah Sugiarta; Maryanto Maryanto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5637

Abstract

The problems of this study are: the outsourcing arrangement based on the law applicable and legal protection for contract workers at PT. Nawakara Perkasa Nusantara. Researchers used the method is legal normative juridical approach and specification in this study were included descriptive analysis. Even though sources and types of data in this study are primary data obtained from field studies by interviewing officials and workers in PT. Nawakara Perkasa Nusantara. And secondary data obtained from the study of literature relating to the theory of legal protection and enforcement.Based on the results of research that restrictions or even a rejection of the application of the statutory provisions regarding outsourced workers cannot be done despite how strong workers and unions of the federation units to fight. It is caused by the development of outsourcing itself stating that the areas of specialization, especially in terms of product development expertise of goods and services is growing development. Therefore impact the outsourced workers to work opportunities more widely. Legal protection for contract workers at PT. Nawakara Perkasa Nusantara basically in implementation has not gone as stipulated in the law. The lack of protection regarding the duration of the employment agreement as to which of Article 59 paragraph (2) and (4) which states that PKWT cannot be made to work that is fixed and the period of more than three (3) years, with each year once carried out a contract extension. Interpretation in paragraph (7) stated that the violation of Article 59 paragraph (2) and (4) This will result in the void PKWT turned into PKWTT. In practice, this agreement occurred during the three (3) years with a contract extension once a year. Supposedly workers / laborers in this company have been a permanent employee, when seen from the labor law.Keywords : Protection Law; Labor Contract.
Revitalization Program Of The Market In Improving Infrastructure Development And Participation Of The Market Traders Sufi Hamdani Kurniawan; Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5676

Abstract

Revitalization program aims to establish a public market in terms of both infrastructure or welfare of the traders in the market people. The method used in this study explorative inductive data collection techniques of observation, interviews and documentation. The data obtained by the guidelines as an informant interviews are officials and employees in the Department of Industry and Trade as well as traders in local markets. To help revitalize local markets to improve infrastructure and to be implemented properly in requiring the active participation of traders. With a good governance of each program can be run and supported by community participation.Keywords: Market Revitalization Program; Infrastructure Development; The Participation Of Traders.
Legal Protection Registered Industrial Design Under The Act Number 31 Of 2000 On Industrial Design Desi Ana Yustianita; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5671

Abstract

In recent years, in some cases frequent abuse, which mimics the design industries of some of the industrial design is registered and Industrial Design Rights, causing economic losses to the owner of Right to Industrial Design. This study aims to find out about the legal protection of industrial designs by Act Number 31 of 2000 on Industrial Designs. This study uses normative juridical approach, namely legal research conducted by coating researching library materials or secondary data by means of a search against regulations and literatures relating to studied problem.Result and discussion and analysis that the Legal Protection of Industrial Design by Act Number 31 of 2000 on design has a term of 10 years in accordance with Article 5 (1) Number 31 of 2000 on Industrial Designs.Keywords: Legal Protection; Industrial Designs and Legal Protection.
Setting Positive Decision Which Fictitious In Act Number 30 Of 2014 On The Administration Of Government And Its Legal Consequences As The Object Of Dispute State Administration Risky Amalia; Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5639

Abstract

Positive fictional setting in Act Number 30 of 2014 due to a legal fiction that require administrative authority to respond or issue a decision / action brought before it within the time limit as prescribed and if these prerequisites are not met, the administrative authority to grant deemed issuance of the decision / action filed legal to him. Fictitious such aims to provide assurance of the juridical side linked with a possible remedy to the court by parties who feel aggrieved, so that the silence of the administration equated with a written decision (written decision) that contains the approval even though his form is not physically written (unwritten decision). In brief,The issues raised 1) Why in Act Number 30 of 2014 on government administration is set on the fictitious positive decision 2) What about the legal consequences of the decision as a positive fictitious object of dispute TUN 3) What problems arise from a fictitious setting positive and what policy solutions need to be taken to overcome these problems. Aim to determine, analyze and assess the background and reasons underlying positive fictional setting in Act Number 30 of 2014 on public administration and to determine the legal consequences of the decision as a positive fictitious object of dispute TUN, and knowing what the problems arising from the positive fictional setting.    This thesis research method using normative juridical approach, normative legal research resources obtained from the library instead of the field, for the term that is known is the legal material. the normative legal research library materials is a basic material in the science research generally called secondary law. From the research results can be concluded that Fictitious setting positive consequences on the object of dispute in the State Administrative Court in the attitude of the state administration officials ignored requests citizens to a decision issued after the enactment of Act No. 30 of 2014 on Government Administration using test models in the form of an application to the State Administrative Court as provided for in Article 53 of Act Number 30 of 2014 are not formulated norms regarding procedural law petition fictitious positive this makes the Supreme Court Supreme Court Regulation Number 5 of 2015 as a guide for the State Administrative Court judge in resolving disputes positive fictitious petition the Court shall decide upon a maximum of 21 (twenty one) working days after the application is submitted and the decision is final and binding.Keywords: Setting Decision; Fictitious Positive; Object Dispute
Investigation Process Traffic Accident Offenders Of Minors The Police Resort Kebumen Hari Condro Wibisono; Achmad Sulchan
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5672

Abstract

Often Traffic accidents occur in people's lives, even the culprit is Often a minor. This is due to lack of legal awareness and supervision from parents so that children are allowed to drive motorized vehicles before having a driver's license. As a knife of analysis, the theory of restorative justice and the theory of legal certainty are used. The results of the study Showed that the investigation process towards traffic accident underage perpetrators at the Kebumen Resort Police was in accordance with the provisions of the Criminal Procedure Code and Act Number 11 of 2012 concerning the Child Criminal Justice System. Factors causing traffic accidents with child offenders in the Kebumen Resort Police are dominated by human factors items, namely due to negative attitudes and behaviors of the Offender, Negligence (carelessness) in driving, lack of knowledge of the Offender in traffic and parents the perpetrators. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays.Keywords: investigation; traffic accident; children
Roles and Responsibilities of Institution Legal Assistance In The Process of Handling the Case of Crime(Case Study: Criminal Investigation in Directorate of Central Java Regional Police) Yogi Setiyo Pamuji; Jawade Hafidz
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5660

Abstract

Legal aid is a legal service which aims to provide a defense against human rights. The method used in this study is juridical empirical sociological law research that examines the applicable law and what happens in reality in society. In this study, the law conceived as an empirical phenomenon that can be observed in real life. The theory used in this research is the theory of the rule of law, theory principle of legal certainty, fairness and legal benefit.The study concluded that: 1) The role and responsibilities of legal aid refers to Article 1, Section 7, Article 8, Article 9, Article 10, Article 11, Article 13, Article 15, Article 20, Article 21 of Act Number 16 2011. 2) the obstacles faced by Legal aid Society in carrying out their roles and responsibilities are: a) the lack of continued patently victims and perpetrators of crime, b) lack of communication between legal aid providers with the investigator, c) attitude of investigators who sometimes covered with their view that a legal aid provider will impede the process of investigation, d) existence of different legal interpretations between Advocacy Legal aid to investigators about the conclusions and investigations. 3) Solutions related constraints faced by Legal Aid Society in carrying out their roles and responsibilities are: a) Government should give special warning to do the legal laid as Act Number 16 of 2011, b) Improve coordination between Police and Legal Laid Board connected with the Legal Laid, c) Followed investigator in socialization on law about legal laid.Keywords: Legal Aid; Legal Aid Board; Crime.
Gap State Finance Law In General Services Agency Regional (Blud) The Potential To Cause Corruption Crime Risky Eko Novi Artanto; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5640

Abstract

This research is motivated persistence of financial irregularities in the management of Public Service Agency (BLUD) in the form of illegal action by way of irregularities contained in the establishment and administration of the managerial incentives that resulted in financial losses of any element of State. The purpose of this study is to analyze and explain the legal gaps in the State Treasury General Services Agency (BLUD) potentially Corruption. The method used in this paper qualitative descriptive case study case number Sprin. Evidence/ 314 / IV / 2018 / Reskrimsus, with normative juridical approach. Based on this research, that the financial legal gaps in the State Public Service Agency, which is used by the perpetrators of corruption is a way of cutting managerial remuneration or incentive structural officials Fiscal of 2014-2016 conducted by the offender, resulting in state losses of Rp. 4227319755.Keywords: Legal Loopholes; Public Finance; Corruption.
Simultaneously Election Impact On The Presidential System In Indonesia Moh Priyo Manfaat
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5557

Abstract

Indonesia for the first time do Election simultaneously. This election is different from the previous elections. Although Election simultaneously in contrast to previous elections, the Election simultaneously turns both have relevance to the presidential government system in Indonesia. The relevance can be seen from the historical aspect of the previous elections. That is because the Election simultaneously substantially the same as the previous election. The difference lies only in the electoral mechanism simultaneously. However, simultaneous Elections must also be assessed whether the impact of the strengthening of the presidential system of government in Indonesia. This paper reviews the relevance of electoral simultaneously with the presidential system of government in Indonesia.Keywords: Impact; Simultaneous Elections: Presidential

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