Jurnal Kajian Pembaruan Hukum最新文献_第3页

Keberadaan Dewan Pengawas Komisi Pemberantasan Korupsi Pasca Revisi UU KPK 朝鲜劳动党法案修订后，腐败根除委员会的存在

Jurnal Kajian Pembaruan Hukum Pub Date : 2022-01-31 DOI: 10.19184/jkph.v2i1.27842

Muhammad Syahrum

{"title":"Keberadaan Dewan Pengawas Komisi Pemberantasan Korupsi Pasca Revisi UU KPK","authors":"Muhammad Syahrum","doi":"10.19184/jkph.v2i1.27842","DOIUrl":"https://doi.org/10.19184/jkph.v2i1.27842","url":null,"abstract":"ABSTRACT: Post-Suharto era has encouraged Indonesia to give birth to various new institutions, including the existence of the Corruption Eradication Commission (KPK). Over time, various elements that support the improvement of the performance of the KPK are formed through new norms contained in laws and regulations, including the existence of the KPK Supervisory Board (Dewas KPK). This study aims to examine and analyze the duties, authorities, and urgency of the KPK Council; while at the same time examining the potential of the KPK Council as an 'inhibitory' factor in eradicating corruption. This legal research uses a conceptual approach and legislation based on primary legal materials and secondary legal materials. The results of the study stated that although the existence of the KPK Council has the same duties as the judiciary, it actually encounters problems; because, the existing provisions give rise to inconsistencies regarding the position of the KPK Council. On the other hand, the urgency of the establishment of the KPK Council is one of the efforts to strengthen the supervision aspect of the KPK's performance in order to be able to avoid various risks of abuse of power. Furthermore, there are three factors that have the potential to become \"inhibitory\" factors in eradicating corruption after the existence of the KPK Council, including the obligation to wait for permits regarding the conduct of wiretapping, searches and confiscations; there is potential vulnerability to political intervention; the potential for slack in the performance of the KPK itself. \u0000KEYWORDS: Corruption Eradication Commission, Supervisory Board, Law Number 19 of 2019.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123483414","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}

引用次数: 0

Aspek Regulasi dan Kewenangan Penegakan Hukum Pajak Reklame 广告上的监管和执法方面

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-07-31 DOI: 10.19184/jkph.v1i2.24394

Tinara Aisyah Nikita, Adhitya Widya Kartika

引用次数: 0

Realisme Hukum: Peradilan Adat dalam Perspektif Keadilan Sosial 法律现实:从社会正义的角度来看，部落正义

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-07-31 DOI: 10.19184/jkph.v1i2.24998

Dominikus Rato

{"title":"Realisme Hukum: Peradilan Adat dalam Perspektif Keadilan Sosial","authors":"Dominikus Rato","doi":"10.19184/jkph.v1i2.24998","DOIUrl":"https://doi.org/10.19184/jkph.v1i2.24998","url":null,"abstract":"Aspects of positivism with its normative approach are often taught in various law schools as a single perspective. The study of law can be based on legal realism. Nevertheless, there is still a debate about legal realism's working pattern and contribution to juridical science. This study that introduced legal realism worked with socio-legal method based on the literature review. It aimed to elaborate on the concept of legal-realism as an epistemology of the socio-legal school, which leads to the conception of customary law and legal anthropology. With a naturalistic approach and supported by theories of customary law and legal anthropology. This study showed that legal realism as a school in philosophy and juridical studies based on empirical studies need to be developed. It referred to legal realism conceptualized in Scandinavia and America that was suitable to Indonesia's legal context, especially customary law as the law that lives in society. Therefore, the law that lives in society is strengthened through verdict and law enforcement officers as symbols of the state. It suggested that legal realism is also taught in law schools at universities, so that legal academics have diverse points of view, both in the legal discipline and as a research method. \u0000KEYWORDS: Customary Law, Socio-Legal, Social Justice, Legal Realism.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122694798","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}

引用次数: 4

Legitimasi Kedudukan Kepala Desa dalam Penyelesaian Sengketa Agraria

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-07-31 DOI: 10.19184/jkph.v1i2.24474

Sri Dewi, Rezky Panji Perdana Martua Hasibuan

引用次数: 0

Mengoptimalkan Peran Lembaga Perfilman Indonesia: Analisis Aspek Hak Cipta terhadap Praktik Siaran Video Ilegal 印度尼西亚电影机构优化角色:对非法视频广播实践的版权方面分析

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-07-29 DOI: 10.19184/jkph.v1i2.24475

Relys Sandi Ariani, Luna Dezena Ticoalu, Herlina Sri Wahyuni

{"title":"Mengoptimalkan Peran Lembaga Perfilman Indonesia: Analisis Aspek Hak Cipta terhadap Praktik Siaran Video Ilegal","authors":"Relys Sandi Ariani, Luna Dezena Ticoalu, Herlina Sri Wahyuni","doi":"10.19184/jkph.v1i2.24475","DOIUrl":"https://doi.org/10.19184/jkph.v1i2.24475","url":null,"abstract":"The film is part of the intellectual property rights attached to the creator. Nowadays, it is commonly agreed that violation of intellectual property rights portrays in film piracy for personal gain is inevitable, with illegal streaming services. This study aimed to examine film protection, conduct a study of film institutions, and find concepts to protect films in Indonesia. The study used a juridical method with the statute and conceptual approaches. In so doing, it used secondary data processed using library research techniques. The study showed that illegal movie streaming rampant in Indonesia practiced illegal streaming movies. It violated the intellectual property rights inherent in the creator, resulting in enormous losses for the creators. There are further problems in the laws and regulations, and the government must accommodate preventive actions. This study suggested three components: correctional, supervision, and copyright protection against illegal movie streaming in Indonesia; and these components were to maximize the role of stakeholders. \u0000KEYWORDS: Illegal Streaming Movies, Indonesian Film Institute, Intellectual Property Rights and Copyrights","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121072638","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}

引用次数: 2

Telaah Efektivitas Mekanisme Pemberhentian Presiden Indonesia: Perbandingan Praktik Amerika Serikat dan Korea Selatan 研究印尼总统离职机制的有效性:美国和韩国的做法比较

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-07-28 DOI: 10.19184/jkph.v1i2.24453

Muhammad Yoppy Adhihernawan, A. Fadhila

{"title":"Telaah Efektivitas Mekanisme Pemberhentian Presiden Indonesia: Perbandingan Praktik Amerika Serikat dan Korea Selatan","authors":"Muhammad Yoppy Adhihernawan, A. Fadhila","doi":"10.19184/jkph.v1i2.24453","DOIUrl":"https://doi.org/10.19184/jkph.v1i2.24453","url":null,"abstract":"Impeachment is a part of the control mechanism in the constitutional system to allege the President's violation of the constitution. Impeachment characterizes presidential systems as implemented in various countries, such as the United States, South Korea, and Indonesia. This study aimed to examine the rule and practice on the impeachment of the President and/or Vice President in Indonesia, with reference to the United States and South Korea. Then, it analyzed how this mechanism is effective to be implemented in Indonesia. This study used a juridical research method with a comparative law approach. This study indicated differences in impeachment in the United States, South Korea, and Indonesia. The impeachment mechanism in the United States only involved representative institutions, but that in Indonesia and South Korea required judicial intervention. In particular, Indonesia's impeachment dealt with the decision that remained in the hands of the political institution, the People's Consultative Assembly. In South Korea, the final decision ended in the judicial institution. Through this comparison, Indonesia should reformulate the impeachment mechanism of the President and/or Vice President in Indonesia with the following suggestions. First, regarding allegations of serious violations, the final impeachment decision must be in the Constitutional Court. Second, concerning allegations of misconduct, the decision on impeachment must rest with the People's Consultative Assembly. \u0000KEYWORDS: Impeachment, Indonesia, South Korea, United States.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132752533","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}

引用次数: 0

Sanksi Penundaan atau Penghentian Jaminan Sosial Pada Masa Pandemi COVID-19 在COVID-19大流行期间暂停或取消社会保障

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-07-28 DOI: 10.19184/jkph.v1i2.24452

Ana Fauzia, Fathul Hamdani

{"title":"Sanksi Penundaan atau Penghentian Jaminan Sosial Pada Masa Pandemi COVID-19","authors":"Ana Fauzia, Fathul Hamdani","doi":"10.19184/jkph.v1i2.24452","DOIUrl":"https://doi.org/10.19184/jkph.v1i2.24452","url":null,"abstract":"Social security program reflects state's responsibilities to provide social and economic protection to citizens. However, social security in Indonesia has remained to become a central issue after Presidential Regulation Number 14 of 2021. This regulation outlines administrative sanctions on delaying or terminating social security for citizens that refuse vaccines. This study examined the issue from philosophical, juridical, and sociological perspectives on the administrative sanctions for delaying or terminating the social security related to the vaccine requirements. This study used a legal research method with statutory, conceptual, and case approaches. This study indicated that the regulation regarding the postponement or termination of social security provision contradicted Article 20(1) of Law Number 40 of 2004 on the National Social Security System. Also, it violated human rights about the right to social security based on the 1945 Constitution. Instead, to succeed in vaccination, it should adopt a socio-cultural approach by combining legal instruments with elements of local culture in the community for legitimating vaccination as its part of being accepted in the society. \u0000KEYWORDS: Social Security Program, Presidential Regulation, Administrative Sanctions, Vaccines, COVID-19.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128171802","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}

引用次数: 5

Kebijakan Pencabutan Hak Politik sebagai Pidana Tambahan dalam Perkara Korupsi di Indonesia 在印度尼西亚的腐败案件中，剥夺政治权利的政策是额外的犯罪

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-03-27 DOI: 10.19184/jkph.v1i1.23352

Enha Sorandri Tahir

{"title":"Kebijakan Pencabutan Hak Politik sebagai Pidana Tambahan dalam Perkara Korupsi di Indonesia","authors":"Enha Sorandri Tahir","doi":"10.19184/jkph.v1i1.23352","DOIUrl":"https://doi.org/10.19184/jkph.v1i1.23352","url":null,"abstract":"Additional criminal to revoking political rights imposed on convicted corruption cases are referred to as extraordinary policy and efforts made in the context of eradicating the criminal act of corruption, in which corruption is categorized as an extra ordinary crime. The basis for additional criminal law deprivation of political rights is contained in the Criminal Code (KUHP) and Law Number 31 of 1999 concerning Eradication of Corruption as amended by Law Number 20 of 2001 (UU PTPK). This study aims to examine the additional criminal policy of deprivation of political rights against convicted corruption cases seen from the perspective of the purpose of punishment and the suitability of the legal basis used to apply additional crimes of deprivation of political rights against convicts of corruption. The type of research used in this study is the juridical normative research type. The methods used are the statutory approach method, conceptual approach, and case approach. Meanwhile, for data collection techniques, this study uses legal materials consisting of: a.) Primary legal materials, namely statutory regulations and court decisions; b.) secondary legal materials include legal books, legal journals and other scientific works in the field of law. The results of this study first reveal that the additional punishment for depriving political rights is not against the purpose of punishment. It reveals that the additional criminal legal basis for deprivation of political rights for convicted corruption cases should be more specific in determining the length of time for deprivation of political rights in the PTPK Law. \u0000KEYWORDS: Policy, Additional Punishment, Political Rights, Corruption","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121188289","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}

引用次数: 0

Meninjau Ulang Ketentuan Presidential Threshold dalam Pemilihan Presiden dan Wakil Presiden di Indonesia

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-03-22 DOI: 10.19184/jkph.v1i1.23349

Aprilian Sumodiningrat

{"title":"Meninjau Ulang Ketentuan Presidential Threshold dalam Pemilihan Presiden dan Wakil Presiden di Indonesia","authors":"Aprilian Sumodiningrat","doi":"10.19184/jkph.v1i1.23349","DOIUrl":"https://doi.org/10.19184/jkph.v1i1.23349","url":null,"abstract":"The presidential threshold is a requirement for the nomination of the President and Vice President to meet the minimum threshold percentage for support from the DPR or the number of valid national votes. Presidential threshold provisions are contained in various laws and regulations regarding Elections. This research is juridical study using a conceptual approach and statute approach. The legal materials used in this research are primary and secondary legal materials. The two legal materials are inventoried; then used as a basis for compiling a prescriptive study of the legal issues raised. The results of this study state that the presidential threshold has started since 2004. Regulations regarding post-reform elections always include a presidential threshold. Then, the presidential threshold has been 'tested' several times by the Constitutional Court. Various decisions of the Constitutional Court stated that the presidential threshold is one of the provisions which is the domain of open legal policy for legislators or the making of laws. Furthermore, the implication of the presidential threshold is aimed at simplifying the fragmentation of political parties in parliament. The nominations for the President and Vice President promoted by the parliamentary political party actually allow for more than two candidates; and it is also possible to have an Election that does not get the support of more than 50 persen of the voters' vote. Thus, effectiveness is needed regarding the implementation of the presidential threshold provisions in the presidential system by strengthening relations between presidential institutional actors and the President's non-institutional personnel. \u0000KEYWORDS: Presidential Threshold, General Election, Open Legal Policy.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122987945","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}

引用次数: 4

Outsourcing sebagai Pelanggaran Terhadap Hak Para Pekerja di Indonesia

Jurnal Kajian Pembaruan Hukum Pub Date : 2021-03-22 DOI: 10.19184/jkph.v1i1.23396

Zaimah Husin

{"title":"Outsourcing sebagai Pelanggaran Terhadap Hak Para Pekerja di Indonesia","authors":"Zaimah Husin","doi":"10.19184/jkph.v1i1.23396","DOIUrl":"https://doi.org/10.19184/jkph.v1i1.23396","url":null,"abstract":"The problem experienced by contract workers or outsourcing are quite varied, which includes the potential of human rights violations. This is because the insufficient existing regulations in Indonesia protect contract workers. This study is legal research, which uses statutory and conceptual approaches that utilize primary, secondary, and tertiary legal materials. The technique of collecting legal materials in this legal research uses literature study. This study shows that outsourcing workers are the most disadvantaged party in a work agreement, remarkably where they are terminated. The outsourcing worker will not get the normative rights like ordinary workers. Outsourced workers do not have a fixed work period. Then, the working period returns to the beginning when a work contract agreement occurs. The work contract system with probation conducted by the company directly benefits the company. It can violate human rights due to the absence of wages based on the length of work provided by the company. As a result, it is essential to pay attention to agency workers' conditions to obtain legal protection for human rights. Human rights are fundamental and must be legally protected. Thus, legal protection regarding the rights of outsourced workers can be carried out by the local government by issuing policies that regulate legal protection for agency workers. Finally, companies will pay more attention to the welfare of workers. \u0000KEYWORDS: Outsourcing Workers, Right to Work, Legal Protection.","PeriodicalId":313528,"journal":{"name":"Jurnal Kajian Pembaruan Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129719808","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}

引用次数: 0