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514 Documents
Application Of Integrated Electronic Licensing (Online Single Submission) In Pekalongan City
Aynun Nurmayanti;
Widayati Widayati
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v3i1.8680
This study aims to determine and analyze licensing arrangements that seek to be integrated electronically (Online Single Submission-OSS) in legislation, the application of OSS in Pekalongan City, and to know and analyze the constraints of OSS implementation in Pekalongan City and its solutions. This study uses a sociological juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. Data analysis method used is qualitative analysis. Furthermore, based on the results of the study it can be concluded: that 1) Government Regulation Number 24 of 2018 On Electronically Integrated Business Licensing seeks to regulate all licenses in Indonesia, but in practice the implementation can only reach a portion of licensing in Indonesia; 2) The issuance of PP 24/2018 does not regulate the transition period of its enactment, the OSS system is not ready, the NSPK has passed the stipulation 15 (fifteen) days since the issuance of the PP, the OSS system has not used Digital Signature, and the weak aspects of supervision, and inefficiency in obtaining permits.Keywords: OSS; Integrated Business Licensing; PP; NSPK.
Law Enforcement Against Transfer of Objects Fiduciary in Kudus Police
Agus Budianto;
Umar Ma’ruf
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v2i1.4214
The purpose is achieved in this research are: to know the mechanism of the occurrence of a credit agreement in the German Fiducia between Guarantees the lender with the leasing in the state law enforcement to know Grail in the event of a transfer of the object of the fiduciary guarantee in the region Police Resort of Kudus. To know the constraints in the legal enforcement of the related existence of a Fiduciary guarantee redirects object at Police Resort, and the solution for consumers.This research is the legal research approach or using Empirical Juridical also called as the Juridical Sociological. This research is descriptive analytical research as specified.Research results in the agreement between the creditors and the debtor financing mutual committing yourself, before making the deal, leasing the breathtaking debtor must meet the obligation to pay installments on a timely basis in accordance with the quantity and the date of the has been agreed, then release the rights and obligations not to a make problem. In terms of collateral object is the object of fiduciary transferred to third parties apply the principle creditors can still execute the collateral objects. The transfer of objects into objects fiduciary third parties does not preclude the right of creditors to keep executing the fiduciary guarantee object.The conclusions in this study is on the implementation of the Business Funding and need the assistance of the police dai it will be very easy and possible to overcome the rogue debtor.Keyword: Law Enforcement; The Transfer Object Fiduciary Guarantee; Fiduciary; Police Resort of Kudus
Diversion In Children Criminal Justice System Through Restorative Justice
Yudi Hendarto;
Umar Ma'ruf
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3269
The formulation of the problem and the purpose of this study is to describe and analyze the diversion urgency in handling juvenile criminal cases, and to describe and analyze Perma No. 4 of 2014 on Diversion in criminal matters menyelesaian children through restorative justice approach. This research method using normative legal research methods dengn type of research is descriptive analytical. Based on the analysis result No. 4 of 2014 can be presented the following results, that Perma No. 4 of 2014 is needed in handling juvenile criminal cases. This is because during this time the condition of children who are in the coaching institutions, detention and permayarakatan far worse than a face appeared positive aspects of child development. Mixing children with adults in penitentiary have negative effects and its own psychological burden for the child, because he considered himself the same as adults with Perma No. 4 of 2014.Keywords: Diversion, Child Criminal Justice System, Restorative Justice
Simultaneous Regional Election Polemics in the Middle of the Covid-19 Pandemic
Adib Althof Rusydi;
Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v3i4.12931
The purpose of this study is to determine the impact of the simultaneous regional elections in the midst of the Covid-19 pandemic and efforts or solutions to minimize the impact that will occur. The research method uses a normative juridical approach. Then analyzed qualitatively with descriptive analytical method. The conclusion of this study is that in order to maintain the health of democracy, legality and legitimacy of elected regional heads and to protect public health in the implementation of the 2020 Regional Elections in the middle of the Covid-19 Pandemic, it is necessary to anticipate the possible risks posed by all stakeholders. Election organizers must be able to convince the public that the 2020 simultaneous regional elections are safe from potential exposure to the Covid-19 virus. Furthermore, the existence of legal sanctions for violators of health protocols and election administrators are required to maintain their independence, balance, assertiveness, and responsiveness in efforts to mitigate the electoral crisis amid the Covid-19 pandemic.
The Criminalization Of Cohabiting Policy In The Revision Of Criminal Law In Indonesia
Baktiar Atmadi
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v2i2.5418
Cohabiting seen as acts that violate the values of decency. But in the Criminal Code, this act is not a criminal offense. For related research needs to be undertaken efforts to criminalize the cohabiting as criminal law reform in Indonesia. The purpose of this study was to analyze: the reasons for cohabiting in Indonesia, the basic consideration of the need for the criminalization of cohabiting in criminal law reform in Indonesia and the criminalization of cohabiting policy in the revision of criminal law in Indonesia in the future. The method used is normative, then the data was analyzed using the Theory of Law Enforcement and Justice Theory of Pancasila. The study concluded that: 1) The reasons for cohabiting in Indonesia are less prepared mentally, economic, traumatic experience, weak monitoring social control in society, Wedding paradigm shift and the notion of sex is a private person's rights as well as the weakness of Indonesian law. 2) Rationale and criminalization of cohabiting consideration, based on: Socio-Philosophical Basis and Socio Cultural National Legal Systems, Platform Values Decency / National Agreement and Platform for Research and Comparative Studies. 3) The policy of criminalization cohabiting in the positive law in Indonesia in the future necessary to maintain it being understood obscenity, to reduce and prevent acts of vigilantism by the community and for the unification of customary law governing cohabitation. Keywords: Criminalization Policy; Cohabiting; Indonesia Criminal Law.
Role Of The Center For Abandonment Of Property Law To Safeguard Assets Subsidiaries Who Still Under Age
Agustina Suryaningtyas
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3288
For those who are not competent to act in a legal act such as minors and people who are in wardship, in legal actions both in and out of court must be represented by a person appointed by the trial judge, that is able to parent, guardian or sycophants. Duties as guardian or caretaker are very spacious and are at risk for problems associated with wealth, so that the necessary role of an institution or agency in charge of overseeing the implementation of trusteeship and guardianship. Parents, family and society are responsible for protecting and maintaining human rights in conformity with the obligations imposed by law. Similarly, in view of the protection of children, the state and the government is responsible for providing facilities and accessibility for children, especially in ensuring optimal growth and development and focused. Heritage Hall is one of the Technical Unit within the Ministry of Justice and Human Rights of the Republic of Indonesia has the duty and obligation to protect human rights. Especially in the field of personal right person for Judge's decision can not run their own interests by the legislation in force. Ranking Universal Heritage as guardian watchdog is still needed, and it is possible to apply to all Indonesian citizens, thus Orphan peningalan can act in the national interest to provide legal protection for children who are under guardianship committed by Indonesian.Keywords: Heritage Office; Minors; Guardianship.
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
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DOI: 10.30659/jdh.v2i3.5637
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.
Implementation of Government Regulation Number 11 of 2017 in The Making Transparency Candidate Recruitment of Civil Servants in Custody in The Formation of Position Guard Regional Office Ministry of Justice And Human Rights of Central Java
Pudyastuti Kusuma Wardhani
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3333
Implementation of Recruitment CPNS ideal and transparent according to Regulation No. 11 Of 2017 is the presence of Planning Phase Phase Announcement Jobs Stage Applying Stage Selection Selection Result Announcement. Best Criteria for Carers Formation Resistivity employess employess must have a stock that is as well able to practice martial rules are rules which should not be violated in accordance with Government Regulation No. 11 of 2017 on Civil Service Management. Recruitment obstacles in the implementation employess employess are determining criteria to be spelled out in the system of administration of an application the Selection CAT whose implementation in BKN only have a few units of computers alone is not proportional to the number of applicants who apply,Physical criteria employess formation detainee guards should be done by the competent authorities Observation Physical and skills tested by the examiner should be done by an expert interview. Efforts are being made in resolving these obstacles are Selection of administration should be carried out independently with the online system by providing value criteria that are not limited to academic Exams CAT is done online with the preparation by the recipient employees ooportunity should be tested by the parties who have expertise in physical testing and competent to do so Implementation does not have Standard Operating (SOP) that is in determining the best criteria for the formation of candidates for Civil Servants guard prisoners.Keywords: Employess Recruitment Guard Prisoner.
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
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DOI: 10.30659/jdh.v2i3.5676
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.
Mining Investment Legal Certainty Under The Terms of Act No. 4 Of 2009 Concerning Mineral and Coal Mining and Act No. 25 of 2007 on Investment
Suroto Suroto;
Gunarto Gunarto
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i3.3352
In this study the issues to be discussed in are: Mining Investment Legal Certainty According to provisions of Act No. 4 of 2009 on Mineral and Coal and Act No. 25 of 2007 on Investment. Based on the results of this study are Legality exploitation of minerals statutory number number 4 Legality exploitation of minerals statutory number number 4 of 2009 substantially only in a form that permit, in contrast to the legality of the concession at the time of the enactment of Act No. 1, 1967, consists of a wide variety of forms namely mining Authority (KP) contract of work (COW), mineral and agreements coal mining works (PKP2B) and SIPDs for extractive industry and artisanal mining licenses for artisanal mining. Various legality at the time of the enactment of Act No. 11 of 1967, led to the coordination, supervision and control of less than the maximum, because every legality issued to a mining business activity carried out not in a good coordination. Prior to the issuance of Act No. 25 of 2007 is still a very significant difference between foreign investors and domestic investors. This is evident from the provisions of legislation. Foreign investment is regulated in Act No. 1 of 1967 concerning Foreign Investment whereas domestic investment stipulated in Act No. 6 of 1968 on Domestic Investment.Keywords: Rule of Law; Mining; Investment.