KEADILAN PROGRESIF
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PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PENGGELAPAN DALAM JABATAN DI PERSEROAN TERBATAS
No full textThe problem in this study is how is the responsibility of the perpetrators of embezzlement in a position in Anugerah Bina Usaha Nusantara Limited Company? The research method used in the research is the normative and empirical approaches. Based on the results of research and studies obtained, it can be concluded that the judge's judgment in deciding the perpetrators of embezzlement in positions of limited liability company, that the description of the guilty elements of the defendants has been considered one by one by the panel of judges. The responsibility of the perpetrators of embezzlement in positions of limited liability in the intellectually limited company has objectively demonstrated the ability and ability to be physically and physically fit so that there is no obstacle to accountability for his actions legally. Suggestions that can be delivered are that the judge in this case should be able to decipher the facts and dig deeper about who the intellectual actor behind the crime of embezzlement in the Limited Liability Company
ANALISIS PENERAPAN PERATURAN PEMERINTAH NOMOR 47 TAHUN 2012 TERHADAP TANGGUNGJAWAB SOSIAL PERUSAHAAN BUMN SEBAGAI SALAH SATU PELAKU USAHA DALAM PEREKONOMIAN
No full textSocial and environmental responsibility (TJSL) is one of the limited liability companies in carrying out their role in order to contribute to the development of the national economy. Article 74 paragraph (1) of the Law on Junto PP Number 47 of 2012 stipulates that, "Companies that carry out their business activities in the fields and / or related to natural resources are required to carry out social and environmental responsibilities. The problem in this study is how the application of SOE corporate social responsibility to PT Pembangunan and Perumahan (Persero) tbk. The method in this study uses a normative and empirical juridical approach. Data sourced from secondary data and primary data. Data collection procedures with literature study and field studies and qualitative data analysis. The results showed that the application of PTPP Social and Environmental Responsibility, namely a. Make improvements to the project development site as soon as possible on final lands with diversity in plant species and conservation. b. Maintain water quality from the project area before going out into public agricultural waters so that it still meets the environmental quality standards (BML). c. Maintaining soil quality. d. Community economic empowerment through the implementation of the Partnership Program with Small Business, Winning and Cooperatives, e. Community social empowerment through the implementation of the Community Development Program, f. Concerned for environmental preservation, including land restoration post project development, g. Implementation of employee health and safety guarantees as well as efforts to improve welfare. Suggestions in this research in the form of the concept of CSR in Indonesia should be able to understand and practice the CSR aspired primarily to be placed as a means of empowering the people in the economic field by creating jobs to increase independence
KEDUDUKAN ADMINISTRASI NEGARA SEBAGAI MEDIATOR PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL
No full textUU no. 17 years The 2007 National Long Term Development Plan 2005-2025 mandates harmonious industrial relations with appropriate protection, and the process of creating an industry that meets all parties, is a desirable feature of the labor market. In connection with this, the purpose of this study is to study and analyze the position of the state administration as a mediator in creating harmonious relations, to study and analyze strengthening laws that support through mediation to create harmonious relations, and to study, analyze, and find concepts endorsed in a harmonious industry. The method used in this research is descriptive analytical with normative juridical approach, qualitative normative analysis method. The results of the study indicate that the position of the State administration as a mediator in finding harmonious relations is as an adviser and executor of industrial relations agreements outside the court, in order to connect the disputing parties with deliberations to reach consensus, be able to produce what is being done and can be seen looking efficient that can be sought For norm systems, policy systems and value systems that are in accordance with Pancasila as state ideology. The Government's suggestion is expected to intensify the fostering of industrial relations to the special community of workers and employers, with more institutions improving complaints and conducting regular monitoring, so that industrial relations disputes can be resolved earl
PENERAPAN PIDANA KURUNGAN SEBAGAI PENGGANTI PIDANA DENDA TERHADAP TERPIDANA NARKOTIKA
Full text linkThe provision of imprisonment sanctions as a substitute for criminal fines is expected to be a solution to provide penalties and deterrent effects to prisoners who are unable orunwilling to pay fines, including narcotics convicts. The method used by the normativejuridical approach and analysis is done qualitatively. The results showed that theimplementation of imprisonment as a substitute for criminal fines against convicted narcoticsis applied to those convicted who obviously cannot afford to pay the amount of fines that havebeen determined based on court decisions that have permanent legal force. The inhibitingfactor in the implementation of imprisonment as a substitute for criminal fines againstconvicted narcotics is a system of supervision and guidance. As a suggestion, the quality andquantity of officers in monitoring and coaching needs to be improve
PENGAMPUNAN PAJAK DALAM PERSPEKTIF KEADILAN
Full text linkTax amnesty will be able to increase investment as expected by the government in an effortto increase economic growth, moreover at this time the tax ratio shows a low number asproof that there are still many taxpayers who do not / have not implemented their rights andobligations in accordance with legislation -invitation. Tax amnesty in the form of tax debtexemption along with sanctions raises legal issues, how is the concept of tax amnesty inrelation to justice as an effort to develop tax law. This research was conducted with anormative juridical approach. Therefore the main data used is secondary data in the form oflaws and regulations. Data analysis was carried out qualitatively. Based on the results of thestudy, vertical and horizontal justice in tax imposition is not sufficient when applied in taxamnesty. In tax amnesty that is more highlighted is justice which brings benefits to societyand the state. The suggestion of using the tax amnesty model in the form of exemption fromthe obligation to pay tax debt that was previously not paid and the exemption from impositionof sanctions must be followed by strict law enforcement after forgiveness by prioritizingadministrative legal instruments
ELAKSANAAN FUNGSI DPRD DALAM MENGATUR MEKANISME PEMILIHAN KEPALA DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH
Full text linkThe system of government in Indonesia according to the 1945 Constitution, based on theexplanation stated that the regions of Indonesia are divided into provincial and provincial regionswill also be divided into smaller areas in autonomous regions. In legal politics, the most essential inthe implementation of autonomous regional government is the granting of the broadest authority tothe regions accompanied by the granting of certain rights and obligations. In the reality in the field,this policy was not implemented in accordance with the provisions of the Act. The lack of optimalpublic services in serving the people in several regions in Indonesia in various fields, includinggovernment agencies, has not yet been able to provide maximum public services, so in this paper willdiscuss how the efforts made by the Regional Government, especially in Gedong Tataan Subdistrict,Pesawaran District in organizing and improving public services based on its Regional AutonomyPrinciple. The efforts made in the discussion and solving problems in this study were carried outusing a juridical / normative approach and empirical approach. The implementation of public policybased on the principle of regional autonomy in the District of Pesawaran District Gedong Tataan isin accordance with Law Number 23 of 2014 concerning Regional Government and Law Number 25 of2009 concerning Public Services, but there are technical obstacles such as the distance from publicservices to one another, less responsive, less informative and lacking coordination in service delivery.Efforts that can be made by the Gedong Tataan District Government in improving the quality ofpublic services are through revitalization, restructuring and deregulation in the field of publicservices. Suggestions that can be given to the Regional Government, especially in the District ofPesawaran District Gedong Tataan in carrying out public services based on the principle ofautonomy are: expected in carrying out the process of implementing public services must be inaccordance with Law Number 25 of 2009 concerning Public Services and expected improvement inthe quality of behavior and professionalism of the apparatus government, creating public servicepolicies that are not too procedural and convoluted, and improve facilities that support qualityservices
IMPLEMENTASI PERATURAN DAERAH NOMOR 02 TAHUN 2011 TENTANG PAJAK AIR TANAH DI KOTA METRO
Full text linkTax is a potential alternative as a source of state revenue, the tax sector is a veryappropriate choice, in addition to the relatively stable amount, it is also a reflection of theactive participation of the community in financing development. The problem in this researchis how the application of Metro City Regional Regulation Number 02 of 2011 concerningGroundwater Tax. The method used by the normative juridical approach and analysis iscarried out qualitatively. The results showed that the application of Metro City RegulationNumber 02 of 2011 concerning Groundwater Tax in Metro City is currently based on theimplementing regulations as outlined in Mayor Regulation Number 5 of 2011 concerning theimplementation of Metro City Regulation Number 02 of 2011 concerning Groundwater Tax,but in its application in the field has not been implemented optimally. As a suggestion, theMetro City Government should increase the socialization of Regional Regulations onGroundwater Tax in Metro City to the public, especially taxpayers, so that the public knowsthe existence of Regional Regulations, thereby increasing revenue from taxes, especiallyGroundwater Tax
ANALISIS MOTIF, ALASAN UMUM DAN MODEL PENGGUNAAN PIDANA MATI TERHADAP TERPIDANA NARKOTIKA DI INDONESIA
Full text linkRegarding the imposition of capital punishment on criminals in Indonesia in the perspective of human rights based on the 1945 Constitution it turns out that it does not violate theprovisions of human rights law. The main problem is the object of research, namely how theimposition of capital punishment on perpetrators of criminal acts in criminal justice practicesin Indonesia. This research is a normative legal research through a statutory approach,conceptual data used secondary data by conducting library studies and data analysis carriedout by qualitative analysis. The results of the study show that the imposition of capitalpunishment on narcotics and psychotropic offenders in criminal justice practices inIndonesia, the application of narcotics and psychotropic offenders does not violate humanrights because it does not conflict with the provisions of Article 28A, Article 28I paragraph(1) and Article 28J paragraph ( 2) The 1945 Constitution and does not violate Indonesia'sinternational legal obligations born of international agreements concerning the eradicationof illicit trafficking in narcotics and psychotropic drugs so that law enforcement needs to beimproved
IMPLEMENTASI PERATURAN DAERAH KOTA BANDAR LAMPUNG NOMOR 01 TAHUN 2011 TENTANG PAJAK DAERAH (Studi Pada Kecamatan Tanjung Karang Pusat)
Full text linkTax is a levy from the public to the state (government) based on laws that areenforceable and payable by those who are obliged to pay it with no immediate performance(counter performance / remuneration), the results of which are used to finance stateexpenditure in government administration and development. The problem in this research ishow the implementation of the Bandar Lampung City Regional Regulation Number 01 of2011 concerning Regional Taxes. The method used by the normative juridical approach andanalysis is done qualitatively. The results showed that the enactment of Regional RegulationNumber 01 of 2011 in managing regional own-source revenue with the aim of increasingregional income, and the results of the acquisition of land and building tax for TanjungKarang Pusat Sub-district had not been maximized from the target set due to obstaclesencountered by collectors in tax collection owed to taxpayers because taxpayers object to theLand and Building Tax that is se
KEBIJAKAN HUKUM PIDANA PENGGUNAAN MOTIF DALAM SISTEM PEMIDANAAN
Full text linkThe public's reaction to law and crime often questions the motives of the perpetrator when committing a crimeor violation of the law. The problem is how the use of Motives in proving the Elements of Criminal Actions andErrors is related to Intentional elements and elements with the Intent in criminal acts. The approach methodused is a normative juridical approach, data sourced from literature studies and data analysis is carried outqualitatively. The results of the study prove that the use of Motives in proving the Elements of Crime and Errorsis related to the intentional element that exists in a criminal act. The use of motives to prove the element ofcrime and errors is shown in the Decision of the South Jakarta District Court No. No. 1488 / Pid.B / 2008 /PN.Jkt.Sel. in the case of Munir's murder with defendant Muchdi Purwo prajono. New motives can be proven ifit is related to the actions and actions taken by the defendant. The use in this way, basically wants to prove theintentional element of the criminal act being charged. While the motive in the policy of applying criminal law isone of the factors considered in determining the size of criminal law. As a suggestion at the application policylevel, finding the motive for committing a crime means knowing the meaning of the deed for the offender. This isin line with the criminal law renewal policy which emphasizes not only actions, but also the emphasis on peoplewho commit criminal acts