{"title":"Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia","authors":"Kadek Wiwik Indrayanti","doi":"10.26905/idjch.v12i3.7093","DOIUrl":"https://doi.org/10.26905/idjch.v12i3.7093","url":null,"abstract":"The island of Bali is known as one of the world's tourist destinations with all its unique traditions and customary laws. The Balinese have a traditional security institution known as the Pecalang whose role is different from that of the police. The purpose of this article is to identify the position of Pecalang according to Regional Regulation Number 4 of 2019 concerning Traditional Villages and the development of the role of Pecalang. The method used is a mix of methods, namely normative and empirical methods. The results show that the existence of Pecalang is regulated in Law Number 9 of 1979 concerning Village Government and Regional Regulation Number 4 of 2019 concerning Traditional Villages. Pecalang is formed in each of the customary village residents (pekraman) who have the task of maintaining security and order. The role of pecalang is currently experiencing development, which leads to the business, and can even be used as a political tool. What stands out is the case of the closure of the Hare Krsna hostel where the function as a security guard was instead used as a tool by the village to bring order to religious groups or sects that were allegedly not in accordance with community traditions. The police should have been involved because they thought it was a religious matter and their area. The regulation of pecalang duties needs to be re-examined in the Perda so that its function as a guardian of order is clear and not vice versa.How to cite item: Indrayanti, K. (2021). Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia. Jurnal Cakrawala Hukum, 12(3), 294-302. doi:https://doi.org/10.26905/idjch.v12i3.7093.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133734778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Rakhman Candra Suryaningrat, M. Az, Supriyadi Supriyadi
{"title":"Tinjauan yuridis terhadap pengaturan terkait pekerja harian lepas","authors":"Rakhman Candra Suryaningrat, M. Az, Supriyadi Supriyadi","doi":"10.26905/IDJCH.V12I2.5813","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.5813","url":null,"abstract":"Workers / laborers are often extorted by employers with relatively small wages. An employment relationship is basically a relationship between a worker / laborer and an entrepreneur after a work agreement is made. The formulation of the problems discussed in this paper is how to regulate freelance daily workers in Indonesia and how to resolve disputes related to work agreements for casual daily workers in Indonesia. The result of the research on the formulation of the problem is that the regulation regarding freelance workers / laborers is regulated in statutory regulations, in law number 13 of 2003 concerning manpower in Article 56 to Article 59, but there are several articles amended by -Law Number 11 of 2020 concerning work copyright. Settlement of disputes between employers and workers / casual daily laborers can be resolved first by deliberation to reach a consensus in accordance with what has been stipulated in Article 136 paragraph (1) of Law Number 13 of 2003 concerning Manpower, but if deliberation efforts to reach consensus cannot be reached then the management and workers / laborers or trade / labor unions resolve industrial relations disputes.How to cite item: Suryaningrat, R., Ghufron Az, M., Supriyadi, S. (2021). Tinjauan yuridis terhadap pengaturan terkait pekerja harian lepas. Jurnal Cakrawala Hukum, 12(2), 213-222. doi:https://doi.org/10.26905/idjch.v12i2.5813","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129589502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Amanda Puteri Rachmatullah, Tunggul Anshari, Diah Aju Wisnuwardhani
{"title":"Analisis yuridis pengelompokan wilayah pada notaris berkaitan norma perhitungan penghasilan neto terkait pejabat umum","authors":"Amanda Puteri Rachmatullah, Tunggul Anshari, Diah Aju Wisnuwardhani","doi":"10.26905/IDJCH.V12I2.5811","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.5811","url":null,"abstract":"The NPPN regulations in PER DIRJEN PAJAK Number 17 / PJ / 2015 state that the NPPN percentage is grouped by region. Where this grouping of regions causes a difference in the percentage between regional groups. In addition, regulations regarding regional grouping are also found in PERMENKUMHAM Number 27/2016 which divides regional categories for the position of notaries. For the purpose of this research, this type of normative legal research uses a statute approach where the legal materials in this study are analyzed using prescriptive analysis techniques. Based on the results of the author's research, it can be concluded that the NPPN grouping by region is one of the manifestations of the Equality principle where this principle provides the same treatment to people who are in the same condition. The sentence is in the same condition can be interpreted as being in the same regional characteristics which are based on considerations using several variables. Broadly speaking, there is a correlation between the regional grouping of the two regulations, which lies in the basic factor for determining regional grouping, that is regional economic growth. The regional grouping that is regulated in the two rules has also fulfilled the value of justice as proposed by Aristotle's theory of justice. Regional grouping which is regulated by the government has clear and firm reasons so that this grouping is not a discriminatory act but is a form of distributive justice.How to cite item: Rachmatullah, A., Anshari, T., Wisnuwardhani, D. (2021). Analisis yuridis pengelompokan wilayah pada notaris berkaitan norma perhitungan penghasilan neto terkait pejabat umum. Jurnal Cakrawala Hukum, 12(2), 129-138. doi:https://doi.org/10.26905/idjch.v12i2.5811 ","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129774620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Perlindungan hukum terhadap kreditur selaku pengambil alih kredit pada kreditur","authors":"Febry Firmansyah","doi":"10.26905/IDJCH.V12I2.5812","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.5812","url":null,"abstract":"Credit take over is a payment made by a third party to a creditor, who will replace his position as a new creditor to the debtor. The absence of standard rules regarding the implementation of credit take over has resulted in non-standardization of the credit take over implementation process. The purpose of this article is to examine the legal protection of the parties in implementing the take over at Bank Jatim Banyuwangi Branch. This type of research is empirical legal research where the study was conducted at Bank Jatim Banyuwangi Branch. The results of research conducted by a Notary/PPAT in Banyuwangi are included in the category of subrogation by way of law (Article 1403 of the Civil Code). In the implementation of take over credit protection is obtained through the re-signing of the SKMHT at the time of the Roya Letter, and a certificate of proof of ownership of the guarantee has been physically issued by the initial creditor. The implementation of the take over for new creditors at Bank Jatim Banyuwangi Branch is obtained through the re-signing of the SKMHT which is the basis for making APHT when the roya letter, proof of credit repayment, and certificate of proof of collateral ownership have been physically issued by the initial creditor (bank). The initial check before the certificate of proof of ownership is issued by the initial creditor is carried out by issuing a Land Registration Certificate (SKPT) through the BPN.How to cite item: Firmansyah, F. (2021). Perlindungan hukum terhadap kreditur selaku pengambil alih kredit pada kreditur. Jurnal Cakrawala Hukum, 12(2), 178-186. doi:https://doi.org/10.26905/idjch.v12i2.5812","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126580471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pencegahan tindak pidana terorisme di Indonesia","authors":"Agung Mafazi, Achmad Bahroni","doi":"10.26905/IDJCH.V12I2.4936","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.4936","url":null,"abstract":"The various reasons behind the occurrence of this crime are thought to have originated from dissatisfaction with the perpetrator. Dissatisfaction with the economy, law enforcement, social inequality and even dissatisfaction with ideology, are problems that must be resolved. This dissatisfaction is driven by a low understanding of science and knowledge, so that a person or group of people tends to take shortcuts by committing a crime, such as terrorism. The involvement of various parties is important as one of the benchmarks for the success of preventing this crime of terrorism, including the involvement of community organizations such as the Indonesian Ulama Council as an organization to foster people from errors in understanding religious matters. Terrorism is an action that is based on a value system and world view, so that understanding it requires a framework and methodology of thought commonly used in the philosophical tradition. The research method used in this research is juridical-sociological with an empirical approach that is studied philosophically to find a concept of preventing the crime of terrorism through a soft approach.How to cite item: Mafazi, A., Bahroni, A. (2021). Pencegahan tindak pidana terorisme di Indonesia. Jurnal Cakrawala Hukum, 12(2), 121-128. doi:https://doi.org/10.26905/idjch.v12i2.4936","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123203834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Kajian parameter gender dalam substansi peraturan perundang-undangan di Indonesia","authors":"Kadek Wiwik Indrayanti","doi":"10.26905/IDJCH.V12I2.6223","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.6223","url":null,"abstract":"This article examines the objectives, principles, and integration of gender equality indicators in the formulation of laws. The method used is normative legal research because it examines some of the substance of laws that are gender biased. The results show that the role of the government in realizing gender equality in Indonesia today has been carried out through laws and regulations, policies and programs but still has to be fought for because in reality there is still a gap between the two sexes, which has an impact on gender discrimination. There are several laws whose substance shows discrimination against women, such as the Marriage Law. Therefore, the concept of gender equality should be understood as a \"goal\", so that both sexes as citizens can obtain their rights. There are three principles that must receive attention, namely basic equality, non-discrimination and the obligation of the State which is the opening door to improve conditions of gender inequality in society. These two principles should be accommodated in the legislation. Furthermore, the 4 gender indicators namely access, participation, control and opportunity should be integrated in an integrated manner starting from the manufacture of a legal product, then translated into policies and programs.How to cite item: Indrayanti, K. (2021). Kajian parameter gender dalam substansi peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(2), 195-204. doi:https://doi.org/10.26905/idjch.v12i2.6223 ","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130243871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
D. Ramadhani, Aji Lukman Ibrahim, Rianda Dirkareshza
{"title":"Ratio legis kewajiban untuk menjaga dan menghormati norma agama berdasarkan Undang-Undang Kepariwisataan","authors":"D. Ramadhani, Aji Lukman Ibrahim, Rianda Dirkareshza","doi":"10.26905/IDJCH.V12I2.5353","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.5353","url":null,"abstract":"Pandeglang Regency is a tsunami-affected area in the Sunda Strait. In order to rebuild tourism, it is necessary to formulate an integrated planning by compiling regulations on tourism. This study aims to determine the Ratio Legis obligation to maintain and respect religious norms for tourists in tourism laws and to find out the form of legal protection for tourists who violate religious norms in tourist attractions. The research method used is in the form of normative legal research complemented by interviews with the head of the tourism village in Pandeglang district. The results showed that the ratio legis obligation to maintain and respect religious norms, customs, culture, and values that live in the community for tourists so that the local culture is not contaminated with foreign cultures brought by tourists. Then the sanctions applied only in the form of a warning are not commensurate with the losses incurred.How to cite item: Ramadhani, D., Ibrahim, A., Dirkareshza, R. (2021). Ratio legis kewajiban untuk menjaga dan menghormati norma agama berdasarkan Undang-Undang Kepariwisataan. Jurnal Cakrawala Hukum, 12(2), 159-167. doi:https://doi.org/10.26905/idjch.v12i2.5353 ","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116493479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Yuliana Fatma Ira Crisantika, Imam Koeswahyono, S. Supriyadi
{"title":"Pеndaftaran tanah sistеmatis terhadap akta tеrutang pajak","authors":"Yuliana Fatma Ira Crisantika, Imam Koeswahyono, S. Supriyadi","doi":"10.26905/IDJCH.V12I2.5810","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.5810","url":null,"abstract":"This article has the intent and purpose to find out the implementation of PRONA systematic land registration for the deed of transfer of land rights that are tax payable, specifically related to Income Tax (PPh) and Land Acquisition Fees (BPHTB) which are the obligations of the parties and are registered through systematic land registration was carried out in Ternyang Village, Sumberpucung District in 2009. However, the obstacles that occurred in the field were different from the turus hamlet, the village community was more cooperative regarding physical data. Nature in Ternyang village is indeed a lot of uneven shape, so it takes more time, to determine the appropriate land boundaries. Bookkeeping of rights or storage of documents constituting evidence shall be marked with identification and kept at the Land Office as an integral part of the general register. In accordance with the provisions of Government Regulation Number 24 of 1997 concerning Land Registration, article 39 paragraph (1) point g, PPAT/PPATS may not sign the deed before the tax obligations are fulfilled and the official who gives the land rights before the tax obligations are fulfilled.How to cite item: Crisantika, Y., Koeswahyono, I., Supriyadi, S. (2021). Pеndaftaran tanah sistеmatis terhadap akta tеrutang pajak. Jurnal Cakrawala Hukum, 12(2), 168-177. doi:https://doi.org/10.26905/idjch.v12i2.5810 ","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132565227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Siti Miftahul Jannah, S. Muchtar, Hijrah Adhyanti Mirzana
{"title":"Restitution rights for children of victims of sexual crimes: between protection and reresting","authors":"Siti Miftahul Jannah, S. Muchtar, Hijrah Adhyanti Mirzana","doi":"10.26905/IDJCH.V12I2.4705","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.4705","url":null,"abstract":"One of the crimes that are prone to happen to children is sexual crime. Sexual crimes committed against children will have a psychological impact on the child, in the form of mental and emotional state disorders, so that the child who is the victim should be given great attention to the suffering or loss experienced in the form of restitution from the perpetrator. The purpose of this research is to study and analyze how the fulfillment of restitution for child victims of sexual crimes and the extent to which law enforcers and victims influence the fulfillment of these restitution rights, so that empirical research methods are used to answer these problems. The results of this study indicate that the fulfillment of restitution rights for child victims of sexual crimes in the city of Makassar is not fulfilled. This is evidenced by only one case where the victim submitted a request for restitution and the victim did not get restitution from the perpetrator. Law enforcers and victims each have influence in fulfilling restitution rights. Even so, the role of the victim has a bigger influence, this is because even though the law enforcer should inform the victim about the right of restitution, it is the victim who decides whether to apply for restitution or not because restitution can only be obtained if the victim submits a request. not automatically accepted by the victim.How to cite item: Miftahul Jannah, S., Muchtar, S., Mirzana, H. (2021). Restitution rights for children of victims of sexual crimes: between protection and reresting. Jurnal Cakrawala Hukum, 12(2), 223-232. doi:https://doi.org/10.26905/idjch.v12i2.4705 ","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128484251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Norentia Ekunming Sari, S. Suhariningsih, A. Madjid
{"title":"Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing","authors":"Norentia Ekunming Sari, S. Suhariningsih, A. Madjid","doi":"10.26905/IDJCH.V12I2.5808","DOIUrl":"https://doi.org/10.26905/IDJCH.V12I2.5808","url":null,"abstract":"This article has the intent and purpose of the nominee agreement regarding land rights in Indonesia. This happens because many foreign nationals, hereinafter referred to as foreigners, can own land in Indonesia, while positive law in Indonesia only allows Indonesian citizens who can own land ownership rights in Indonesia. The nominee agreement is legal smuggling that can result in land being returned to the state. However, in the Decision of the Denpasar District Court in 2013 Number 82/PDT.G/2013/PN.DPS, one of the judges' decisions is that land must be resold and the proceeds from the sale of land are divided between foreigners (benefactors) and Indonesian citizens (legal owners) as comparison in a case approach to analyze the sale and purchase of land that has been preceded by a nominee agreement in Indonesia. the action of the Plaintiff who is a foreigner to sell the land and buildings prior to the lawsuit is one of the considerations for the judge in deciding this case. In addition, Defendant I sold the land below the market price. Therefore, the unlawful acts committed by Defendant I and Defendant II over the sale and purchase of rights to the object of the dispute must be accounted for by the Defendants.How to cite item: Sari, N., Suhariningsih, S., Madjid, A. (2021). Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing. Jurnal Cakrawala Hukum, 12(2), 205-212. doi:https://doi.org/10.26905/idjch.v12i2.5808","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"311 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122230903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}