Jurnal Hukum Novelty
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Implementation of Attributive and Delegative Authority of Sub District Head in the Local Government Procedures
Get PDFIntroduction to The Problem: The authority of Sub District Head in Gringsing sub district came from attributive sources through Law No. 23 of 2014 concerning Local Government and delegative sources through the Regulation of Batang No. 77 of 2015. After the regulation was enacted, the authority of Sub District Head both attributively and delegatively changed, its position as a regional leader also changed.Purpose/Objective Study: The purpose is to know the implementation of attributive and delegative Sub District Head’s authority by looking at the regulations both in the laws and regulations below it.Design/Methodology/Approach: This research is an empirical juridical legal research. In empirical legal research, identification and law are conceptualized as a real social institution. The focus of this research is limited to Gringsing District, Batang Regency, Central Java.Findings: Referring to the attributive authority of Sub District Head after Law No. 23 of 2014 concerning Local Government, in general, there is no meaningful authority inside. Instead of being regulated in the provisions of the legislation, the material is more on the delegation of authority from the Regent (Bupati), which in this case is enough by delegative way. Moreover, after Law No. 6 of 2014 concerning Villages where the position of the village is increasingly strengthened administratively and politically are increasingly independent thus the Sub District Head’s authority is more narrowed.Paper Type: Research Articl
Corporate Criminal Liability On Criminal Actions in Consumer Protection
Get PDFThe advancement of information technology affects the crime related to consumer protection. This impact is no longer confined to certain regions or country, but it is tranversing jurisdictional boundaries (transnational). Thus, the variety modes of the crime increase, not only used by individual, but also carried out by corporations. Criminalizing corporation is difficult, especially when related to consumer protection.  That is because there are no legal provisions about corporate’s position and its responsibility in Criminal Law in Indonesia. Consequently, this condition leads to multi interpretations and thoughts between law enforcement officers. Therefore, it is necessary to have guidelines in handling crime cases done by companies. This study employs normative juridical research method. This research concludes that after the issuance of Indonesia’s Supreme Court Regulation Number 13 of 2016 About Procedures for Handling Criminal cases done by corporations, the law enforcement officers are no longer confused on how to handle the crime.Kata Kunci: Pertanggungjawaban Korporasi, Perlindungan Konsumen.Â
Customary Penalty Sanctions for Adultery Crimes in Temon Village, Arjosari District, Pacitan Regency
Get PDFToday, some Indonesian still adhere to the customs that come from their respective regions. It also includes habits that are carried out repeatedly which becomes a rule or commonly referred to customary law. Based on the philosophical aspect of customary law that lives, grows and develops in the soul of the Indonesian people in accordance with the values of the Pancasila as stated in the opening of the 1945 Constitution, the existence of customary law is very influential on customary crimes that occur in certain regions. Customary violations are still commonly found in the community, especially adultery. The implementation of customary criminal sanctions is felt to provide satisfaction and a sense of justice for some people so that the people’s lifes can be balanced
Problematika Teori Hukum, Konstruksi Hukum, dan Kesadaran Sosial
Get PDFThis theoretical-normative study aims to determine the problematic use of legal theory and its impact on the construction of the law itself. This is very important because the construction of today's law has not created a social awareness of the law so that law enforcement becomes difficult. The discussion in this study raises several issues to be studied, such as; what is the dependencies pattern between law and social awareness? Then how to reconstruct them in the current of the Theory of Law? And the last is; what is the proper direction of legal creation? The results of this study conclude: First, the problem of alienation and distortion between law and society is just like an iceberg phenomenon because the main problem lies within the understanding theoritical of the law itself. Second, the relationship between law and social awareness is the dependence relationship, where the legal product must reflect social awareness so that the actualization of the law is accepted by society as its need. Third, discussing the correlation between law and society is not enough with normative thought (prescriptive), but also empirical (descriptive), so the theory of law plays a very important role to bring this multidisciplinary understanding back to normative thought that prescriptive. Fourth, the legal product which is not based on normative thought is very dangerous because it will be very liberal and far from social morality based on social values, thus there will be alienation and distortion between law and society, or in other words law does not reflect the social awareness
Kontekstualisasi Pendayagunaan Zakat di Badan Amil Zakat Nasional (BAZNAS) Kota Pekanbaru Berdasarkan Undang-Undang No. 23 Tahun 2011 Tentang Pengelolaan Zakat
Get PDFArticle 27 Paragraph (1) and (2) Â Â Law of 23 Year 2011 on management of zakat states that zakat can be empowered for the weak economic community. This article discusses contextualization, contextualization efforts, obstacles and efforts to overcome the constraints of the contextualization of utilization of zakat in Baznas Pekanbaru City based on Law of 23 2011 on Zakat Management. The results showed that the contextualization of utilization of zakat in Baznas Pekanbaru City is ijtihad conducted by amil zakat in an effort to increase the prosperity of mustahik zakat into muzaki. Article 27 Paragraph (1) and Paragraph (2) above make no clear mention of appropriate models, patterns and mechanisms regarding the utilization of zakat in the sense of empowerment, so that the contextualization ijtihad conducted by Baznas Pekanbaru City is very different from the pattern of zakat utilization in the other region. Contextualization effort is an effort to change the mindset of zakat mustahik from consumptive to be productive in accordance with the purpose of substance of zakat. These efforts should be followed with appropriate and appropriate targeted patterns of community empowerment. Contextualization efforts should have a roadmap (roadmap) as a guide for the implementation of zakat utilization. The Strategy conducted by Baznas Pekanbaru City in carrying out the above efforts is to development zakat community based or zakat community development. Obstacles and efforts to be done in overcoming these barriers are, first, the lack of public awareness in zakat, thus, its lack understanding should be overcomed by increasing the socialization of true rule (fiqh) of zakat. Second, the lack of qualified human resources should be overcomed by increasing the well understanding of zakat for amil zakat, its management, and its empowerment. Third, the inadequate barriers about zakat information systems have resulted in unintegrated of the mustahik and muzaki database, that is why, it should be complemented with the updated integration of zakat management information system
Patent Legal Protection On Invention (Comparation Study Between Indonesia and Japan)
Get PDFThe development of technology is needed and cannot be separated from patent protection between WIPO’s (World Intellectual Property Organization) member like Indonesia and Japan. This study discusses Indonesian patent protection law and its comparison toward invention between Indonesia and Japan. The study done through normative research methodology and analysed it comparatively. Indonesia has regulated the patent protection in Act Number 13 of 2016. The scopes are patent, simple patent, and also the period of patent protection for 20 years, while regular patent protected for only 10 years. Japan has arranged the patent protection in Japan Patent Act 21/1959 and it covers the patent and utility model. The time period for the patent protection is 20 years and for utility models is 6 years. The two countries have used common principle that is ‘first to file’. Both nations have also required the same requirements which are the novelty of the invention, the beneficial of the product, and the invention steps. Litigation and non-litigation are the doors to resolve patent dispute
Perdagangan Internasional dan HAM: Relasinya dengan Sustainable Development
Get PDFIndustrialization and export and import activities between countries around the world in this era of globalization. the issue of sustainable development in which the trade also related with physical and environmental aspects, but also considers the benefits and security of the man himself. Many facts encountered that some cases were found, the non-compliance of transnational corporations to pay attention to the principles of human rights fulfillment. Legal issues raised: (1) provisions on international trade, environment, and human rights. (2) case analysis related to international trade, environment and human rights. The research method used statue approach, conceptual approach, and case approach. Research results: (1) Countries are expected an important role in securing how the effects of human rights violations resulting from international trade activities can be minimized in such a way through the principles to protect, and respect for the human rights of citizens. Thus, the public benefits from many international trade activities conducted by the state. as well as sustainable development is also realized through the principle of remedy for transnational corporations found to have done environmental damage and accompanied by human rights violations in its business activities. (2) In the cases presented, it has proved that transnational corporations directly commit human rights violations and environmental destruction, to threats to the state sovereignty process. This issue needs to be addressed in the enforcement of international legal mechanisms. In the extraterritorial court's decision, it is difficult for plaintiffs who are victims of justice and accountability for human rights violations and environmental damage
Judicial Mafia in Criminal Justice System and Its Countermeasure
Get PDFAs a way of seeking justice, the judicial mafia is an outlaw action in the criminal justice process. Thus, it leads to judicial failure that damages the independence and impartiality of the court. That is because legal engineering carried out by judicial mafia syndicate violates the principles of due process of law in the criminal justice process. The current criminal justice process shows the blurring orientation of law enforcers in an effort to uphold the law and justice where the main purpose of litigation is not to uphold the law and justice, but to winning the cases. Therefore, it is necessary to overcome judicial mafia practices in the criminal justice system. The author uses normative juridical research method. The results of the study show that the cause of the flourishing judicial mafia in Indonesia’s criminal justice system is because law enforcement officers are not able to uphold their oaths of office. Therefore, overcoming judicial mafia practices can be done by penal or non-penal
Ilmu Hukum Sebagai Keilmuan Perspektif Paradigma Holistik
Get PDFThe thought of law science today is getting stagnant and being doubtful because it tends to be mainstream positivistic. Positivism paradigm is a rigid paradigm, autonomous, and the law becomes merely a law that reduces the law itself to be simple, linear, mechanistic and deterministic then it raises the condition that positive justice is a procedural justice and not an essential justice. The positivist concept produces an incomplete legal study and then it is being dry, stiff and unable to explain the reality. Such of this condition causes an anxiety then the law science requires a shift paradigm so that there is no gap between Das Sein and Das Sollen. Therefore, the holistic paradigm has become the choice for legal science to be genuine science and signifies that the real science of law is not static but dynamic. This paradigm is an effort to formulate the science of law as a unity of science which is full of values and philosophy to reveal truth and justice to the level of meaning
Pandangan Yuridis Sosiologis Fenomena Street Justice Di Dalam Kehidupan Bermasyarakat
Get PDFThe law in people's lives serves as a safeguard in living life. The law is present as a guardian of society. However, in fact, the law often found unimplemented. This fact will effect on providing security for the community. The Powerless of the law would lead to what so called street justice or court justice. The long way to get legal procedure grows the society’s anger and leads them to take down the punishment by them self. The phenomenon of street justice influenced by several factors, such as the lack of law awareness and its legal compliance. In this paper, we will use empirical research with the perspective of legal sociology