Krtha Bhayangkara, Volume 15 Nomor 2 Desember 2021 | Perpustakaan Universitas Bhayangakara Jakarta Raya
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Informasi Detil
| Volume |
Vol. 15, No. 2, Desember 2021
|
|---|---|
| Penerbit | Fakultas Hukum Universitas Bhayangkara Jakarta Raya : jakarta., 2021 |
| ISSN |
1978-8991
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| Subyek |
Artikel Jurnal
| Judul | Abstract | Halaman |
|---|---|---|
| Penetapan Wali Hakim Sebagai Pengganti Wali Adlal Yang Tidak Menyetujui Pernikahan Anaknya | Humans are gifted by God Almighty to be able to reproduce and continue their offspring. The marriage order in Indonesia is regulated in the rules of marriage law. including Law no. 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI). In the KHI it is stated that the guardian of marriage in marriage is a pillar that must be fulfilled for the prospective bride who acts to marry her. Problems occur when lineage guardians are reluctant to marry off their children due to parental considerations regarding the seeds, bebet and the weight of the prospective son-in-law. This study aims to examine the application of positive legal rules or norms which are then linked to the discussion that is the subject of discussion. Normative juridical law research is carried out by examining formal legal rules such as laws, regulations and literature containing theoretical concepts. The results of the study describe that the determination of the guardian of the judge as a substitute for the guardian of Adlal can be done by using the correct marriage mechanism, the marriage cannot be prevented or canceled because the bride and groom have met the requirements of marriage and there is no marriage ban. | 177-196 |
| Dinamika Dan Perkembangan Peraturan Pada Masa Pandemi Covid 19 Dalam Perspektif Tanggung Jawab Negara | Handling the Covid 19 pandemic through statutory policies is a liability that needs to be implemented in the concept of a welfare state but needs to be supported by active community participation. The approach method used is normative juridical and juridical empirical, data collection techniques are derived from secondary data, and data analysis is normative qualitative. The results of the study show that the liability of the State through statutory policies in stages in handling the Covid 19 pandemic has been implemented according to the concept of a welfare state because the state has undertaken an obligation to fulfill its character in providing special protection, so that it becomes the source of all laws and regulations in social affairs. However, efforts to fulfill the State liability are associated with the legal system, according to Friedman, which is still constrained by the low legal culture of society in adhering to it. | 197-222 |
| Ketenagakerjaan Dalam Perspektif Omnibus Law | Omnibus Law is a new legal product designed as a form of breakthrough to replace existing regulations or laws. This is inseparable from the advantages possessed by the omnibus law itself. As a regulation that contains more than one regulatory content, Omnibus Law is able to overcome overlapping regulations. the application of the Omnibus law can simplify regulations by revoking or amending a number of laws that have been in effect previously. In the Job Creation Bill, employment is one of the clusters discussed, Apart from the lack of compliance with the current situation and developments in the Manpower Act, Indonesia is also still faced with other problems in the form of a less conducive labor climate, investment and business climate and not yet optimal creation. employment in the country. Through the Omnibus Law, the government will make improvements to the substance of Law no. 13 of 2003 concerning Labor that is more equitable and supports the investment climate by continuing to improve the protection and welfare of workers by regulating the fulfillment of the constitutional rights of article 27 paragraph 2 of the 1945 Constitution of the Republic of Indonesia by regulating Foreign Workers, Outsourcing, Termination of Employment, Working Hours, and minimum wages. | 223-232 |
| Agama Dalam Pelukan Koruptor | At the normative level, all religions teach their adherents not to abuse their authority for personal gain. Religion also instructs us not to take the rights of others. However, the reality shows that a country with a majority religious community cannot be separated from corrupt practices. In fact, many cases of acute corruption are found in countries that have a strong religious identity, regardless of religion. Religious urges, along with an understanding of God in them, are embedded in the structure of the human mind and nerves. However, when the urge does not become a reality, without the support of appropriate circumstances, such as the influence of political or economic power. This qualitative research uses a rational and critical attitude, not based on any faith or religion, by prioritizing secondary data, to answer the research question, how is religion in the arms of the corrupt? Is Religion in the close arms of the corrupt? Because logically and ideally, someone who is religious and carries out his religion well will avoid corruption. From the various literatures in this study, it appears that religion in the arms of corruptors is only a formality at the level of the ritual dimension but has not been able to have an effect on the level of behavior at the level of morality, which has an impact on the separation between worship that is directly related to Allah SWT and worship that is related to religion. fellow human beings. Religion in the arms of corruptors, is only reflected in the practice of religious rituals, is still individual piety, not yet reflected in anti-corruption behavior socially. When religion becomes corrupt because of political and economic influence, it is abandoned. | 233-240 |
| Pertanggungjawaban Pidana Pelaku Tindak Pidana Eksploitasi Seksual Anak: Tinjauan Terhadap Peraturan Perundangan | The crime of sexual exploitation of children is a crime that never subsides even though the times are developing, as well as technology and human thought patterns have progressed. All criminal practices that result in degrading and threaten the physical and psychosocial integrity of children are included in the commercial sexual exploitation of children. The main issues that will be discussed in this study are how the form of the crime of child sexual exploitation and how the criminal responsibility of the perpetrators of the crime of sexual exploitation of children in terms of the existing laws and regulations in Indonesia. This study aims to identify and describe the forms of criminal acts of sexual exploitation of children and how the forms of criminal liability for perpetrators of crimes of child sexual exploitation as stated in the legislation. This study uses a normative juridical research method using a statutory approach. Based on the analysis conducted, it is known that Indonesia does not yet have legislation that specifically regulates this crime, so that in the future it is hoped that there will be a legislation that can specifically accommodate this crime. | 241-270 |
| Interpretation of The Phrase Coercion in The Compilation of Islamic Law as Reasons for Cancellation of Marriage | Marriage is a common thing in society with ubudiyyah elements in it. However, legal issues often accompany the sanctity of the marriage bond itself, such as the cancellation of a marriage due to an element of coercion from a third party. Article 71 Compilation of Islamic Law (KHI) states that one of the reasons for being able to apply for a marriage cancellation is because of coercion when the marriage took place. The purpose of this study is to analyze the meaning of the phrase coercion as a reason for annulment of marriage and its accompanying legal implications. This type of research is classified as normative-empirical legal research using a statutory approach and a conceptual approach plus a sociological approach as a tool. This research refers to a variety of primary, secondary and tertiary legal materials compiled and traced through literature studies and interviews with judges of the Religious Courts. The legal materials that have been collected are then analyzed descriptively and analytically. The results showed that what is meant by coercion in marriage is a marriage that occurs not because of one own will or feels that he is under threat. As a form of legal consequence, annulment of a marriage by force is different from divorce, where the marriage bond that occurred before the breakup of the marriage is considered never to have occurred. | 271-288 |
| Kewenangan Absolut Pengadilan Agama Dalam Penyelesaian Sengketa Ekonomi Syariah Pasca Putusan Mahkamah Konstitusi Nomor 93/PUU-X/2012 | After the Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts was ratified, the authority of the Religious Courts was expanded so as to resolve sharia economic disputes. However, ironically, Law Number 21 of 2008 concerning Islamic Banking regulates the possibility of a choice of forum (choice of forum) which Competent Court is desired by the parties to the contract, both the Religious Courts and the District Courts. As a result, in judicial practice, there are several cases of sharia economic disputes that are resolved through the general court mechanism. This research is very important to find out the authority of the Religious Courts before and after the issuance of the Constitutional Court decision Number 93/PUU-X/2012 and its implications for the authority of the Religious Courts towards sharia banking and other sharia economic institutions. The method used in this research is a normative juridical (juridical-dogmatic) research method with a statutory and case approach. Based on the results of the study, it was found that the authority for resolving sharia economic disputes at the Religious Courts before the Constitutional Court Decision occurred dualism in the authority to adjudicate between the Religious Courts and the District Courts due to a conflict between the laws and regulations, namely Article 55 paragraph (2) of Law Number 21 of 2008 and Article 49 of Law Number 3 of 2006 and of the 1945 Constitution Article 28D paragraph (1) concerning the right of everyone to obtain rule of law. However, after the issuance of the Constitutional Court decision Number 93/PUU-X/2012, the Religious Courts were declared as the only judicial institution authorized to resolve sharia economic disputes. This Adjudication normatively does not only have implications for Islamic banking as one of the Islamic economic institutions, but also other institutions that run their business based on sharia principles. | 289-308 |
| Kedudukan Omnibus Law Dalam Sistem Perundang-Undangan Indonesia | The idea of omnibus law as a method of drafting legislation in Indonesia has become a topic of discussion among law makers, both theoretical law bearers and practical law bearers. Based on the research, it can be said that the position of the omnibus law in the Indonesian legal system is included in the law and has the same degree as the law, which is made and implemented by the body that carries out the legislative function (DPR with the President), so it can be tested. by the constitutional court, both materially and formally examined. | 309-318 |
| Implementasi Royalti Terhadap Pencipta Lagu Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta | Indonesia is a country that has a thousand islands that have a wide diversity of arts and culture and are rich in ethnic, ethnic, national and religious diversity. The wealth of art and culture is a national potential that must be protected. Intellectual works of artistic and cultural property that can and need to be protected by law. Because this protected artistic and cultural wealth can increase the welfare not only for its creators but also for the nation and state. This study aims to see how the implementation of Law No. 28 of 2014 on Copyright and what legal remedies are if the songwriter does not get his economic rights. This research uses juridical-normative research which is carried out by tracing or analyzing and analyzing theoretical matters concerning principles, conceptions, legal doctrines and norms, library materials or document materials. The results of this study indicate that the implementation of Law Number 28 of 2014 concerning Copyright is still far from good, because there are still many songwriters who do not get royalties from the songs they create, so many songwriters take legal efforts to get royalties from songs. which he created. There is also a need for socialization to songwriters and owners of entertainment venues in order to make it easier to implement this regulation so that it can provide justice for songwriters. | 319-332 |
| Kewenangan MUI Pasca Terbitnya PP No. 31 Tahun 2019 Tentang Peraturan Pelaksanaan UU No. 33 Tahun 2014 Tentang Jaminan Produk Halal | Halal certification is a written fatwa of the MUI which states the halalness of a product in accordance with Islamic law. This halal certificate is a requirement to include a halal label so that a product is suitable for consumption by Muslim consumers. Business actors must meet certain requirements and go through a series of processes that have been determined by the MUI to obtain a halal certificate. After obtaining a halal certificate, business actors obtain a halal label from the MUI to then be included on the product label. This halal certificate is only valid for a certain period of time and business actors must extend it to obtain halal certification for their products again. Whereas the problem arises when Law Number 8 of 1999 concerning Consumer Protection does not make halal certification and labeling a mandatory form for business actors, but is voluntary. Therefore, it can be said that halal certification and halal labeling do not have strong legal legitimacy, so they do not provide legal protection and certainty for halal food products for consumers. | 333-350 |
| Keabsahan Penuntutan Bebas Dalam Kasus Valencya | Dropping charges is a new landmark for Indonesian law. This practice indeed has not been regulated in the Criminal Procedure Code, since it is the court’s role to decide whether someone is guilty or not guilty, moreover the Prosecutor Office is the one initially pursuing charges for Valencya with Article 45 verse (1) in conjunction with Article 5 letter B of Law No. 23 of 2004 on The Elimination of Domestic Violence, but then decided to do the opposite. Therefore, this practice is an interesting to study. This study indicates that the existence of an acquittal had shown that the prosecutor dominus litis in carrying out prosecution. The attorney general has a valid legal basis, namely Article 35 letter c of Law Number 16 of 2004 on the Prosecutor Office of the Republic of Indonesia through the implementation of th principle of opportunity to a case. Thus, the acquittal of Valencya is valid despite it being unusual. The acquittal of Valencya rises a discovery and legal reform, to prosecutor dominus litis in carrying out prosecutions not only to delegate criminal cases to the District Court in terms of and according to the method regulated by law, but also prosecuting for acquittal, meaning that the Public Prosecutor is given the right to use a sense of crisis in determining a criminal case and the Public Prosecutor may demand the release of a defendant for justice based on progressive law. | 351-366 |
| Perlindungan Hukum Terhadap Hak-Hak Konsumen Terkait Tiket Pesawat Yang Dibatalkan Maskapai Penerbangan Masa Pandemi Covid-19 | Air transportation is one of the means of air transportation that is needed by someone who wants to travel between islands and even between countries with long enough distances that can be traveled in a relatively faster time when compared to other transportation. However, when consumers have ordered and paid for airline tickets with certain destinations according to their needs and needs, when the COVID-19 pandemic hit Indonesia and even almost all countries in the world experienced it, there were several policies carried out by the government of the Republic of Indonesia in order to prevent the transmission of the virus. This has an impact on aviation transportation. so that there are flight transportation schedules that have been cancelled. This study will answer the question of how the legal protection of consumer rights related to the cancellation. Normative juridical research method with a legal approach, namely regulations related to consumer and aviation protection that apply in Indonesia. The results of this study analyze the legal protection of consumer rights related to compensation when the flight ticket that has been ordered is canceled by the airline between the facts and the relevant regulations are appropriate. | 367-384 |