to-raPub Date : 2019-05-13DOI: 10.33541/tora.v5i1.1196
Chandra Aritonang
{"title":"HUKUM ADMINISTRASI NEGARA SEBAGAI HIMPUNAN PERATURAN-PERATURAN ISTIMEWA","authors":"Chandra Aritonang","doi":"10.33541/tora.v5i1.1196","DOIUrl":"https://doi.org/10.33541/tora.v5i1.1196","url":null,"abstract":"Abstract \u0000State Administration in every action must be based on law to solve and resolve the problem mentioned above or there is no law. The State Administration can be forced to use its authority to revoke regulations. Administration as a law maker in its application when related to legal systematics has caused controversial matters in essence State Administration is part of public law, so that all actions in the application based on its function are solely intended for and in the public interest, this is no different from the law State Administration, Criminal Law and Others. A situation can lead to deviations from the State administration of the systematics of law. Therefore the State Administrative Law as a set of special regulations. \u0000 \u0000Keywords: state administration; public law; special regulations. \u0000 ","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133066203","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}
to-raPub Date : 2019-05-13DOI: 10.33541/tora.v5i1.1193
Hulman Panjaitan
{"title":"UNDANG UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DAN PERLINDUNGAN HUKUM BAGI PENCIPTA KARYA CIPTA MUSIK DAN LAGU","authors":"Hulman Panjaitan","doi":"10.33541/tora.v5i1.1193","DOIUrl":"https://doi.org/10.33541/tora.v5i1.1193","url":null,"abstract":"Abstract \u0000The meaning of song and music is different, but copyright literature does not seem to distinguish them. In the library of international law, the term commonly used to refer to a song or music is musical work. The Bern Convention states that one of the protected works is music compositions with or without words. There is no explicit description in the Bern Convention about what musical work really is. However, from the existing provisions it can be concluded that there are two types of music creation that are protected by copyright, namely music with words and music without words. Music with meaningful words is a song whose elements consist of melody, arrangement lyrics, and notation, while music without words is music that only consists of elements of melody, arrangement and notation. \u0000 \u0000Keywords: copyright literature; the Bern Convention; protected works. \u0000 ","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134018124","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}
to-raPub Date : 2019-05-13DOI: 10.33541/tora.v5i1.1195
Petrus Irwan Panjaitan
{"title":"PUSAT STUDI LEMBAGA PEMASYARAKATAN FAKULTAS HUKUM UKI","authors":"Petrus Irwan Panjaitan","doi":"10.33541/tora.v5i1.1195","DOIUrl":"https://doi.org/10.33541/tora.v5i1.1195","url":null,"abstract":"Abstract \u0000Pusat Studi Lembaga Pemasyarakatan is an institution that conducts scienti c analysis of the correctional system; inmate behavior; of cer behavior; coaches behavior; the regulations that apply in Corrections Institutions; facilities available to the public’s view of the Penitentiary; in addition there are also problems that occur in the Penitentiary; such as a criminal period that is too short; community prisoners’ social relations; the problem of assimilation into and outside the institution and the problem of the prisoner’s biological needs; can be analyzed or studied in more depth; to make effective analysis of the existence of Correctional Institutions requires an academic authority through the Higher Education Law Institution as a Higher Education Institution, the UKI Faculty of Law should properly have a Correctional Institution Study Center when entering the age of 40 years as well as maintaining the best predicate among the Law Pakuitas as a consideration of establishment Study Centers that until now there has not been a Faculty of Law that has such Study Centers; Penitentiary a strategic part of the criminal justice system; Penal Institutions need to be empowered in their role in society. \u0000 \u0000Keywords: Lembaga Pemasyarakatan; prison; study center; criminal justice system. \u0000 ","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"252 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121270563","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}
to-raPub Date : 2019-05-13DOI: 10.33541/tora.v5i1.1191
Fernando Silalahi
{"title":"ANALISA YURIDIS TERHADAP SISTEM KAMERAL MAJELIS PERMUSYAWARATAN RAKYATSESUDAH PERUBAHAN UNDANG-UNDANG DASAR 1945","authors":"Fernando Silalahi","doi":"10.33541/tora.v5i1.1191","DOIUrl":"https://doi.org/10.33541/tora.v5i1.1191","url":null,"abstract":"Abstract \u0000In the life of a state that longs for a political justice, surely in the Basic Law or the Constitution in the country the inventor of his ideas and / or its founders have included a power sharing system that seeks to re ect political justice. If it must be connected with the form of the state, in fact this idea remains rooted in political justice. In the distribution of power, which according to John Locke is divided into legislative power, executive power, and judicial power, there must be authority that is balanced with each other and not overlapping. This was stated by John Locke so that power is not centralized within one institution, thereby reducing the risk of abuse and creating a democratic state. \u0000 \u0000Keywords: political justice; legislative power; judicial power; democratic state.","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128649979","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}
to-raPub Date : 2018-09-03DOI: 10.33541/tora.v4i2.1189
T. Siahaan
{"title":"PERTANGGUNG JAWABAN PIDANA SEORANG DOKTER DALAM TINDAKAN PEMBEDAHAN","authors":"T. Siahaan","doi":"10.33541/tora.v4i2.1189","DOIUrl":"https://doi.org/10.33541/tora.v4i2.1189","url":null,"abstract":"Abstract \u0000The doctor’s profession is noble in the midst of people’s lives. A doctor in his work is directly related to the efforts of healing and suffering of patients. So that not a few people who are resigned to the doctor, even though the doctor because of the actions of medical services he did harm his side. On the other hand, as a result of increasing public legal awareness, including their rights and obligations in the eld of health services, it is not uncommon for a doctor at the green table to take responsibility for his actions. Such responsibilities can be either civil or criminal. \u0000 \u0000Keywords: doctor; healing and suffering; medical services; criminal.","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122736640","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}
to-raPub Date : 2018-09-03DOI: 10.33541/tora.v4i2.1186
Hulman Panjaitan
{"title":"DOWN PAYMENT (DP) NOL RUPIAH DALAM KEPEMILIKAN RUMAH MENURUT HUKUM POSITIF DI INDONESIA","authors":"Hulman Panjaitan","doi":"10.33541/tora.v4i2.1186","DOIUrl":"https://doi.org/10.33541/tora.v4i2.1186","url":null,"abstract":"Abstract \u0000In accordance with the provisions of the positive law in force, the ownership or acquisition of land with a “DP Nol Rupiah” or without Down Payment is possible and legal according to the agreement of the parties which in practice is mostly done individually, but if the buying and selling activities, however, if the sale and purchase of the house is done through a business entity, then according to the rules in effect the down payment or down pay- ment is a must. It is time for the government to formulate a policy as the realization of the government's rights and guarantees for the provision of decent and healthy housing that can be affordable by all levels of society. \u0000 \u0000Keywords: without down payment; legal according; purchase of the house; formulate a policy .","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127938706","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}
to-raPub Date : 2018-09-03DOI: 10.33541/tora.v4i2.1173
R. Siregar
{"title":"PENERAPAN UNDANG-UNDANG NOMOR 13 TAHUN 2006 SEBAGAI BENTUK HUKUM YANG BERSIFAT RESPONSIF (TINJAUAN KASUS PELECAHAN PASIEN OLEH SEORANG PERAWAT)","authors":"R. Siregar","doi":"10.33541/tora.v4i2.1173","DOIUrl":"https://doi.org/10.33541/tora.v4i2.1173","url":null,"abstract":"Abstract \u0000The responsive nature of the law according to Philippe Nonet and Philip Selznick aims to achieve competence in order to obtain a sense of justice and meet the expectations of the community, not merely offering procedural justice but substantive justice. The formation of Law number 13 of 2006 concerning Protection of Witnesses and Victims (UUPSK) as a product of regulations that are subordinate to the principles and policies of the government was born as a form of rule of law in society. The results obtained from the testimony of witnesses and victims helped the prosecution of a case. Article 3 states that the protection of witnesses and victims is based on respect for human dignity, security, justice; non-discriminatory and legal certainty. The problem is when witnesses and victims provide information, fear and trauma arise to explain what happened, so that witnesses need protection for themselves and their families. In the case of the abuse of female patients by male nurses in hospitals in East Java, as a result of this unpleasant treatment, the victim’s husband reported to the authorities, the victim’s family demands a form of hope for law enforcement and subsequently obtained justice and legal certainty. The legal process to determine whether a claim is proven in the form of a violation of the law, then there are two elements that must be ful lled namely: the actus reus element or the essential element of crime and mens rea (mental element). \u0000 \u0000Keyword : legal certainty; UUPSK; non-discriminatory; violation of the law.","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121136651","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}
to-raPub Date : 2018-09-03DOI: 10.33541/tora.v4i2.1183
Edward Panjaitan
{"title":"HUKUM DAN KEADILAN DALAM PERSFEKTIF FILSAFAT HUKUM","authors":"Edward Panjaitan","doi":"10.33541/tora.v4i2.1183","DOIUrl":"https://doi.org/10.33541/tora.v4i2.1183","url":null,"abstract":"Abstract \u0000 \u0000Talking about law is about human relations. Talking about human relationships is about justice. Thus, any dis- cussion about the law, clear or vague, is always a discussion about justice too. We cannot talk about the law only to its form as a formal relationship. We also need to see it as an expression of the ideals of justice of the people. The nature of justice is in the eld of philosophy, therefore the problem of justice was initiated by philosophers from time immemorial. \u0000 \u0000Keyword : human relations; justice; the ideals of justice .","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124893899","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}
to-raPub Date : 2018-09-03DOI: 10.33541/tora.v4i2.1188
L. Pandiangan
{"title":"AKIBAT HUKUM DARI PERCERAIAN TERHADAP ANAK DI BAWAH UMUR DITINJAU MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA DAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN","authors":"L. Pandiangan","doi":"10.33541/tora.v4i2.1188","DOIUrl":"https://doi.org/10.33541/tora.v4i2.1188","url":null,"abstract":"Abstract \u0000In accordance with the provisions of the positive law in force, the ownership or acquisition of land with a “DP Nol Rupiah” or without Down Payment is possible and legal according to the agreement of the parties which in practice is mostly done individually, but if the buying and selling activities, however, if the sale and purchase of the house is done through a business entity, then according to the rules in effect the down payment or down pay- ment is a must. It is time for the government to formulate a policy as the realization of the government's rights and guarantees for the provision of decent and healthy housing that can be affordable by all levels of society. \u0000 \u0000Keywords: without down payment; legal according; purchase of the house; formulate a policy","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"204 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130932226","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}
to-raPub Date : 2018-09-03DOI: 10.33541/tora.v4i2.1185
H. Pandiangan
{"title":"SISTEM PERBANKAN DALAM NEGARA KESEJATERAAN DI INDONESIA","authors":"H. Pandiangan","doi":"10.33541/tora.v4i2.1185","DOIUrl":"https://doi.org/10.33541/tora.v4i2.1185","url":null,"abstract":"Abstract \u0000 \u0000The banking system in Indonesia is regulated in Law No.7 of 1992 (amended by Law No.10 of 1998). The development of banking shows the dynamics in economic life. The banking sector in the life of a country is an agent of development, because banks are nancial institutions that have the function as nancial intermediary institutions, namely as institutions that collect funds from the public in the form of deposits and channel them back to the public in the form of credit or nancing. Banking is also an agent of trust, bearing in mind that there is one principle of bank management, the duciary principle. The provisions of Article 4 of Act Number 7 of 1992 concerning Banking as amended by Act Number 10 of 1998 states that Indonesian banks aim to support the implementation of national development in order to improve equity, economic growth, and national stability towards improving the welfare of the people at large. \u0000 \u0000Keyword:banking system; development; economic growth.","PeriodicalId":404540,"journal":{"name":"to-ra","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116079435","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}