{"title":"KAJIAN SOCIO LEGAL PENGATURAN PARTISIPASI PUBLIK DALAM PENYUSUNAN RANCANGAN PERATURAN DAERAH","authors":"Saru Arifin","doi":"10.30649/phj.v1i1.137","DOIUrl":"https://doi.org/10.30649/phj.v1i1.137","url":null,"abstract":"Abstract : Community participation is one of the important pillars in good governance. In the context of the formation of participatory local regulations. This study aims to analyze how the pattern of community participation, what forms of community participation and who are the actors of community participation in the process of forming local regulations. This type of research is socio-legal using primary and secondary data. The results of this study indicate that the pattern of community participation in the formation of regional regulations is carried out through interactive participation methods both through mass media, seminars and work visits to constituents during recess. The forms of community participation carried out in the formation of local regulations are public hearings, musrenbang and consultations. While the participation actors involved in the formation of regional regulations are constituents, SKPD, academics and the general public. The obstacles found in the process of community participation are the lack of understanding of the actors of participation in the substance of the draft regional regulations discussed so that they are less effective, and the limited actors of participation in the constituents.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85648192","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":"PELAKSANAAN PUTUSAN ARBITRASE INTERNASIONAL TERHADAP PENETAPAN KEPEMILIKAN PULAU SCARBOROUGH SHOAL DI LAUT CINA SELATAN","authors":"Dessy Kartika Sari, L. Yustitianingtyas","doi":"10.30649/phj.v18i2.159","DOIUrl":"https://doi.org/10.30649/phj.v18i2.159","url":null,"abstract":"The South China Sea dispute on the Scarborough Shoal Island, basically caused by the claims of the Chinese nation over the region. The Philippines formally submit the case to Permanent Court of Arbitration (PCA), The Tribunal’s decision in favor of the Philippines and China neither accepting in these decision. The Tribunal’s decision inflicting several legal consequences for China and Philippines. The method used is a normative juridical method and using United Nations Convention on the law of the Sea (UNCLOS) 1982. The Tribunal’s decision is not executed can be a means of pressure for China to be more flexible and accepting in these decisions. In the manner of China neither accepting The Tribunal’s decision, The Philippines could bring the case to the International Tribunal for the law of the Sea (ITLOS) which is an independent judicial International Law of the Sea. Their decision will be final and binding on the parties to the dispute and obliged to obey in these decisions so that the dispute can be resolved peacefully and not inflicting a negative impact on China and Philippines. ","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77759576","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":"PENJATUHAN HUKUMAN DISIPLIN TERHADAP PEGAWAI NEGERI SIPIL YANG DIVONIS PIDANA DI KABUPATEN KEPULAUAN MENTAWAI","authors":"S. Dewi","doi":"10.30649/PHJ.V1I1.138","DOIUrl":"https://doi.org/10.30649/PHJ.V1I1.138","url":null,"abstract":"Abstract : Civil servants are required to be obedient and obedient to the applicable invitation rules. Without prejudice to the provisions in the written-invitation rules, a civil servant who is convicted of a criminal sentence and must process employment regulations. There were 12 civil servants in Mentawai Islands District who were sentenced to different cases, but not all were disciplined. The imposition of disciplinary punishment on civil servants convicted was carried out by the Regent of Mentawai Islands based on recommendations from MPP. Of the 12 civil servants who were convicted, only 5 civil servants were sentenced to discipline.The legal consequences of the status of civil servants who are not sentenced are still active and receiving a full salary. This condition led to the payment of salaries of civil servants who were convicted not in accordance with the provisions. For officials related to Prince PNS, there are no further provisions that are not related to education policy, so as to enable the Mentawai Islands District government to make regional regulations and adjust MPP institutions and improve competencies, there must be a process needed so that every civil servant convicted certainty of employment status.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77528748","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":"ANALISIS UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2003 TENTANG SISTEM PENDIDIKAN NASIONAL TERHADAP AKSES ORANG MISKIN PADA PENDIDIKAN","authors":"R. Amalia, Heppy Hyma Puspytasari","doi":"10.30649/PHJ.V18I2.164","DOIUrl":"https://doi.org/10.30649/PHJ.V18I2.164","url":null,"abstract":"Government steps in realizing compulsory education is not only to provide and build infrastructure kepelosok education area, but the government is also expected to provide assistance in the form of program costs in order to support compulsory education. Investigators therefore conducted this research with the aim to determine the role of Law Number 20 Year 2003 on National Education System in protecting the rights of poor people to participate in education and to investigate the role of government in providing the poor access to education. The method used in this research is qualitative research and research sites located in Jombang District Education Office, SMA Patriot and SMA PGRI in the district Peterongan. Data collection techniques in this study through observation (participatory observation), interviews (structured interviews), documentation (research results). Results from the study showed that education in Jombang district is not discriminatory, even poor people get education services such as the PIP and BKSM budgeted from APBD and APBN.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"298 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75175361","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":"ASPEK HUKUM PENCABUTAN HAK ASUH ANAK DALAM TINDAK PIDANA PENELANTARAN ANAK","authors":"Cyntia Yudha Kristanti, Nurul Hudi","doi":"10.30649/phj.v1i1.131","DOIUrl":"https://doi.org/10.30649/phj.v1i1.131","url":null,"abstract":"This thesis titled \"Legal Aspects Of Lifting Of Foster Child Rights In Crime neglect of children\". This thesis aims to better understand that any actions of parents who abandon their children dangerous for his son's life in the future. There are several factors that make it more and make children dikhawatiran. Because it will have an impact on the psychology of the child. Therefore Indonesia is still lacking in terms of supervision of child neglect. Most of the problems came from the parents of each family. There are families that are the cause of the onset of delinquency, can be a family that is not normal, state the number of family members who are less profitable.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76916324","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}
Dewi Setyowati, Candra Pratama Putra, Ramdhan Dwi Saputro
{"title":"PERLINDUNGAN HUKUM PADA TINDAK PIDANA E-COMMERCE","authors":"Dewi Setyowati, Candra Pratama Putra, Ramdhan Dwi Saputro","doi":"10.30649/PHJ.V18I2.160","DOIUrl":"https://doi.org/10.30649/PHJ.V18I2.160","url":null,"abstract":"In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87279333","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":"PENEGAKAN HUKUM PIDANA DI BIDANG PERIKANAN (Berdasarkan Undang-Undang Nomor 45 Tahun 2009 Tentang Perubahan Atas Undang-Undang Nomor 31 Tahun 2004 Tentang Perikanan)","authors":"J. D. N. Manik","doi":"10.30649/PHJ.V1I1.134","DOIUrl":"https://doi.org/10.30649/PHJ.V1I1.134","url":null,"abstract":"The government must play a role in protecting the development of the fisheries natural resource industry, so that Indonesian fishermen must have the potential for independence in the management of the fishing industry. The wealth of Indonesia's natural resources, especially in the field of fisheries, allows the emergence of various crimes in the territory of Indonesia, for example illegal fishing, foreign fishermen enter Indonesian territory without legal documents and so on. This research is a legal research. The research was conducted to find the principle of law, which regulates binding legal norms in general and formed or stipulated by authorized institutions or officials through the procedures stipulated in the legislation, especially those relating to the norms governing criminal law policy in the field of fisheries in sovereignty country. Criminal arrangements generally provide therapy as well as a deterrent effect on the perpetrators of crime, including the perpetrators of fisheries. With the existence of criminal threats that have been stipulated by the provisions of the law, it is expected to reduce or reduce the perpetrators of fisheries criminal offenses.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"355 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76416291","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":"Analisis Undang-Undang Republik Indonesia Nomor 20 Tahun 2003 Tentang Sistem Pendidikan Nasional Terhadap Akses Orang Miskin pada Pendidikan","authors":"Rizki Nur Amalia, Heppy Hyma Puspytasari","doi":"10.30649/ph.v18i2.151","DOIUrl":"https://doi.org/10.30649/ph.v18i2.151","url":null,"abstract":"Government steps in realizing compulsory education is not only to provide and build infrastructure kepelosok education area, but the government is also expected to provide assistance in the form of program costs in order to support compulsory education. Investigators therefore conducted this research with the aim to determine the role of Law Number 20 Year 2003 on National Education System in protecting the rights of poor people to participate in education and to investigate the role of government in providing the poor access to education. The method used in this research is qualitative research and research sites located in Jombang District Education Office, SMA Patriot and SMA PGRI in the district Peterongan. Data collection techniques in this study through observation (participatory observation), interviews (structured interviews), documentation (research results). Results from the study showed that education in Jombang district is not discriminatory, even poor people get education services such as the PIP and BKSM budgeted from APBD and APBN.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"87 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76163888","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":"Mendorong Penerapan Pendidikan Antikorupsi di Perguruan Tinggi","authors":"Tri Anggoro Mukti","doi":"10.30649/ph.v18i2.152","DOIUrl":"https://doi.org/10.30649/ph.v18i2.152","url":null,"abstract":"This study tries to analyse the effort to combat corruption through anti-corruption lecture program in university. Using a descriptive analytical technique this study attemps to put the lecture as a medium for four principle of education: learning to know, learning to do, learning to live and learning to be. Such education need to be integrate within the anti-corruption values to put corruption as common enemy fo all. The output of this class is hopefully to form a person who say no to corruption proudly and spread the positive attitude of anti-corruption behaviour.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78472021","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":"Penyelesaian Sengketa Perbankan Syariah oleh Pengadilan Agama Kota Batam Pasca Putusan Mahkamah Konstitusi Nomor 93/PUU-X/2012","authors":"Agus riyanto, Rizki Tri Anugrah Bhakti","doi":"10.30649/ph.v18i2.149","DOIUrl":"https://doi.org/10.30649/ph.v18i2.149","url":null,"abstract":"Islamic banking is experiencing growth both in Indonesia and in the world. In Indonesia, the growth of the number of Islamic bank offices continued to grow. This shows that community needs for Islamic banks are very high. The government of course has to deal with this development. The most substantial improvement is the existence of policies regarding the regulation of Islamic banking. This is very important because the banking sector is very sensitive, especially the possibility of a dispute between the customer and the bank is also quite large. These disputes must eventually be resolved by both parties, namely the bank and the customer because both of these parties have the same position as the parties concerned. This study aims to describe the competence of the Religious Courts in resolving sharia banking disputes as well as knowing the obstacles faced by the Religious Courts in deciding Islamic banking disputes. The type of research used is empirical juridical. The results of the study can be a reference for further research and become a reference source for related subjects.","PeriodicalId":31466,"journal":{"name":"Perspektif Hukum Journal","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84570784","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}