Lentera Hukum
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Perlindungan Konsumen atas Kerusakan Mesin Mobil Akibat Penggantian Kaca Film
No full textOften in the community, there are cases of fraud committed by business actors that are very harmful to consumers, one of which is, there is in Supreme Court Decision Number 353 K/Pdt.Sus-BPSK/2016. The consumer shall be entitled to his / her rights such as moral rights and economic rights and one of them shall be entitled to compensation from the business actor. This thesis research discusses to know the form of legal protection to the consumer on the replacement of car window film causing a damaged car engine, to know the judge's consideration in the Supreme Court Decision Number 353 K/Pdt.Sus-BPSK/2016 is following the Law Number 8 the Year 1999 on Consumer Protection. The type of research used is juridical normative (legal research) that is positive law. This research concludes that if the consumer suffers losses on the replacement of the window film of the car that causes damage, then the business actor has violated the provisions in UUPK and must compensate for the loss caused by the business that harms the consumer.
KEYWORDS: Consumer Protection, Compensation, Window Film Of The Car
Penataan Kawasan Permukiman Warga Bantaran Sungai Brantas Sebagai Objek Wisata Kota Malang
No full textLaw No. 26 of 2007 concerning Spatial Planning gives authority to the Government of Malang City to arrange settlement arrangements in the river border area. Based on the Regional Regulation of Malang City Number 4 of 2011 concerning Malang City Spatial Planning, the tourism sector plays an important role for the economic growth of urban communities. In the case of structuring the Brantas River bank area in Malang City if it is managed for tourism business, is it appropriate if it is reviewed with the aim of Malang City Regional Regulation Number 11 of 2010 concerning the Implementation of Tourism. However, it should be noted if the availability of residential land in Malang is narrower due to economic factors, less assertive sanctions, limited land, urbanization, and generation of land, landowners who control settlements in river border areas, community contributions those lacking in settlement arrangement in river border areas, as well as weak supervision and law enforcement on the establishment of settlements in the river border area.
KEYWORDS: River’s flood plainarea, Managing the housing
Perlindungan Hukum Bagi Investor di Sektor Pariwisata
Get PDFIndonesia is a country that has a variety of cultures and traditions in each region. In these cultural variations, each region will strive to create an object of tourism. With a large tourism object then it can be a contributor to foreign exchange for the Indonesian economy. Tourism is a prospective sector with a relatively large increase in investment realization. This increase is supported by the government's plan to enact Presidential Regulation number 39 of 2014 on closed business field and business field open to investment as supporting Law Number 25 the Year 2007 regarding Investment. The existence of sectors that support natural resources in Indonesia that can be utilized in the tourism sector, so this is where there are domestic and foreign investors who want to build more modern tourist objects. Indonesia needs to create a conducive investment climate, promotive, providing legal certainty, justice, and efficiency while maintaining national economic interests.
KEYWORDS: Tourism Sector, Indonesian Culture, Investor, Legal Certainty, Legal Protection
Analisis Surat Dakwaan Penuntut Umum dalam Tindak Pidana Kekerasan Dalam Rumah Tangga
No full textThe indictment is an authentic deed required for the commencement of criminal procedure proceedings. Therefore, the preparation and application of indictments by the prosecutor against the defendant must be following the provisions of the Criminal Procedure Code, as Article 143 explains that the indictment must contain formal conditions and material requirements. If it does not meet material requirements, the indictment shall be null and void. When the indictment no longer complies with the prevailing laws and regulations. Thus, it will affect the weakness of law enforcement in Indonesia and an error in Juris. This article contains 2 (two) issues, namely: (1) Whether the application of Article 351 paragraph (1) of the Criminal Code or Article 365 paragraph (2) number 1 and 3 of the Criminal Code in cases of domestic violence is following the principle lex specialis derogat legi generalist? (2) Is the alternative indictment formulated by the public prosecutor following the defendant's conduct? This research uses normative juridical research, by using a statute approach and conceptual approach. Obtained results and conclusions in writing this article that the application of the prosecutor's indictment in cases of domestic violence is not following the principle of lex specialis derogat legi general and the preparation of indictment letter in the form of an alternative not following the actions of the defendant.
KEYWORDS: The Defendant, Error In Juris , The Principle Of Lex Specialis Derogat Legi Generalis
Konsep Penahanan dalam Sistem Hukum Indonesia
Get PDFDetention is one of the forced efforts to enforce the law known in the criminal justice system, also, to arrest, search, confiscation, and wiretapping. The absolute authority possessed by law enforcement officials to detain a person suspected of committing a criminal act with the threat of a certain penalty makes detention very easy. Even though detention can be carried out, it must be carried out solely to examine the criminal case itself. Detention itself is an addition to an examination of a criminal case. The detention "can" be carried out against any suspect so that it is not an obligation to be carried out even if the criminal act suspected meets the requirements for detention. The protection of a person's civil liberties, especially concerning the legal process, will greatly depend on the clarity and detail of pretrial detention policies. Guarantee and protection of human rights in criminal procedural law rules have a very important meaning because most of the processes in this criminal procedural law lead to human rights restrictions such as arrest, detention, confiscation, search, and punishment which in essence are restrictions. HAM.
KEYWORDS: The Concept of Detention, Indonesian Legal System
Hakikat Putusan Pencabutan Hak Dipilih Terpidana Korupsi Politik dalam Perspektif Hak Asasi Manusia
Get PDFCorruption is one type of dangerous unconventional crime that need special ways in their handling patterns. One important instrument in the context of law enforcement against criminal acts of corruption is the existence of additional crimes in the form of revocation of certain rights in terms of the right to vote and be elected in elections held based on general rules. Revocation of political rights for convicted political corruption is a form of state intervention against restrictions on human rights in the right to be elected in elections. However, this becomes a problem in the perspective of human rights when the revocation of political rights is done permanently not within a certain period. This article has been prepared using a normative juridical research method through a statute approach, a comparative approach, and a conceptual approach, which aims to critically examine the nature of the Decision on the Revocation of the Selected Rights of Convicted Political Corruption in the Perspective of Human Rights.
KEYWORDS: Revocation of Selected Rights, Human Rights, Political Corruption
Putusan Bebas dalam Tindak Pidana Pencabulan
Get PDFObscene crime is the immoral act that has attack the physical and psychic of the victims continuously, especially if the victims are minors, so it is required to be appropriate law enforcement. Obscene against children is a case that has difficult proofs, so it is can not be judged only by manifestations without based on the beliefs of judges and related theories. This article contains 2 (two) issues, namely: (1) Is the singular indictment formulated by the public prosecutor in verdict number: 52/Pid.B/2014/PN.Lok under the defendant's conduct? (2) Is the judge's consideration who was declared that the defendant is not guilty doing the obscene crime in verdict number: 52/Pid.B/2014/PN.Lwk under the facts revealed in the court.This paper uses a normative juridical research, by statute approach (statute approach) and conceptual approach (conceptual approach). Obtained conclusions that (1) the singular indictment formulated by the public prosecutor in verdict number: 52/Pid.B/2014/PN.Lwk is under the defendant's conduct (2) the judge consideration who was declared that the defendant is not guilty doing the obscene crime in verdict number: 52/Pid.B/2014/PN.Lwk is not following the facts revealed in the court.
KEYWORDS: Obscene, Acquital, Indictmen, Judge Consideration
Hak Terpidana Setelah Masa Penahanan atas Putusan Pidana Bersyarat
Get PDFThis research is a normative juridical legal research using a statutory approach and a conceptual approach. The collection of material through the literature study method, with primary and secondary legal materials. Furthermore, the legal material is studied and analyzed by the approaches used in this study to answer legal issues in this study. The results of this study indicate: the reduction of the period of detention is one of the conditions that must be met in a decision when the accused is detained. Failure to fulfill these conditions makes the verdict null and void. The problem that occurs is that in conditional criminal decisions, there is often no mention of a reduction in prison terms. Likewise, decisions are null and void which are not strictly regulated in the existing laws and regulations. Detention is the discretion of law enforcement officers that should not be applied to every suspect or defendant. So that the perpetrators of minor crimes or the losses incurred are small, detention is not always necessary. Even if the detention has been carried out, the judge can issue a verdict according to the period of detention. This is to ensure that the apparatus not only enforces the law but also upholds justice.
KEYWORDS: Convict, Detention, Conditional Criminal
Pungutan Pemerintah Desa Terhadap Masyarakat Sebagai Penyelenggaraan Pemerintahan Desa
Get PDFThe original income of the village is income derived from the business of the village, the result of the village's assets, self-help and community participation, mutual assistance, and other village income. All revenues originating from original village revenues, regional revenue, and regional retribution, ADD, financial assistance from provincial and district / municipal governments, both general and specific, and non-binding third-party donations or contributions other legitimate village revenues must be recorded in an orderly manner. Other Original Revenues The villages are among others derived from village levies. The levies in the village are levies on the use of village halls, levies on prospective villagers, and so on. In Article 25 paragraph (1) of Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 113 of 2014 concerning Village, Finance Management explains that the Village Government is prohibited from levies as acceptance of villages other than those stipulated in village regulations.
KEYWORDS: Village levies, Authority of the village, Village government
Perlindungan Hukum Pekerja Penyandang Cacat Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan
Get PDFThe understanding of the community for people with whom diffability has always been considered an inability someone physically so that diffability regarded as sick people who always need help and comfort to the aid for both in terms of their education as well as a job. Now the condition is changed in the priesthood there any intervention from the government that very glows amber metal out of the field of labor affairs so that this superior wisdom whose is issued by a government but how much broad, not only legal aspects that deals with a working relationship and calm but before and after a working relationship. This concept in an obscure manner accommodated in act number 13 the year 2003 on manpower regarding. Diffability must be viewed as a social inability that anyone can participate to protect the minorities, of course, the social approach is the main road that could be pursued. Here is required legal protection for diffability people so that diffability people can find a legal certainty that rights for a people with the diffability
KEYWORDS: Legal Protection, Workers, People with Dasabilities