PROGRESIF: Jurnal Hukum最新文献

{"title":"DESAIN OTONOMI DAERAH DALAM KERANGKA PENEGASAN SISTEM PEMERINTAHAN PRESIDENSIAL","authors":"R. Agustian","doi":"10.33019/progresif.v12i2.978","DOIUrl":"https://doi.org/10.33019/progresif.v12i2.978","url":null,"abstract":"This research is entitled “Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems Affirmation:. This research is motivated by the decentralization of Indonesia which has unsymmetrical, because of the existence of specific nd special regions, further more in terms of the presedential government system there is a problem in the development of its subsystems up to regional government. Thus, understanding is needed to understand th reality and redesign of regional autonomy in regional head elections, specific and special regions, and in order to reaffirm the presidential government system in an effort to build relations between the president and regional heads. As for the method used in making this writing is a juridical method normative or doctrinal. Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems, By Rio Armanda Agustian. Abstract this research is entitled Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems Affirmation. This research is motivated by the decentralization of Indonesia which has symmetricity, namely the existence of special and special regions, then if viewed from the presidential government system there is a problem in the development of its subsystems to regional government. Thus, understanding is needed to  nderstand the reality and redesign of regional autonomy in regional head elections, special and special regions and in order to reaffirm the presidential government system in an effort to built relations between the president and regional heads. As for the method used in making this writing is a juridical method normative or doctrinal, because the data search is done by reviewing local government law and legislation related., and the data also related to the privilege and specificity of the region. The results of this study is themiddle solution to solve the problem can also be done by direct appointment of the governor by the president, although this is very unpopular and very risky politically, but if it starts with rational reasons, surely the people in the area will accept, and of course with a low cost as well. The direct appointment is very necessary for the president so that relations with the governor as an extension of president’s hand will be stronger.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"740 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122003307","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":"MENAKAR PROGRESIFITAS LEMBAGA PERADILAN DALAM MEWUJUDKAN DEMOKRASI BERINTEGRITAS","authors":"Alda Rifada Rizqi","doi":"10.33019/PROGRESIF.V12I2.973","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V12I2.973","url":null,"abstract":"Democracy with integrity will be realized if carried out in accordance with the will of the people as holders of sovereignty, the KPU (Komisi Pemilihan Umum) as the election organizer has the authority to make regulations that support a better democracy. KPU (Komisi Pemilihan Umum) Regulation No. 20 of 2018 as evidence that the KPU is committed to participating in preventing corrupt behavior. It was considered to have been considered as an effort to protect the interests of the people, but the regulation was submitted to a judicial review at the Supreme Court. Then, based on legal-formal considerations and based on the legal positivism of the Supreme Court, the request for the test is granted. The decision distanced itself from progressive legal values that justified the denial of what was regulated in legislation in order to put forward the values of public justice, because basically the law was made to fulfill human interests, accommodating the will of the people for the sake of order.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133645722","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":"PEMBUKAAN LAHAN PERKEBUNAN PERSPEKTIF UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK AGRARIA (STUDI TERHADAP PEMBUKAAN LAHAN PERKEBUNAN LADA DI DESA PASIRPUTIH, KECAMATAN TUKAK SADAI, KABUPATEN BANGKA SELATAN)","authors":"Darwance Darwance, Reko Dwi Salfutra, Y. Yokotani","doi":"10.33019/PROGRESIF.V12I2.975","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V12I2.975","url":null,"abstract":"Most People around this country must have their own ways and mechanism for land issues before the form of written legislation is being publicized including people in Bangka Island. For example, the plantation land in Pasirputih Village, Tukak Sadai District, South Bangka Regency is arranged orderly. There are several requirements that must be obey in order to open the plantation land, such as they must be ‘herenteng’ (equal) between one plantation land and others. Besides, there are several prohibitions when opening the plantation land that shouldn’t be break by the people, those are ‘apit’ and ‘kaet’. These prohibitions are not written, but still being obeyed by the people. Something that is still maintained in this area is interesting to examine from the perspective of law number 5 of 1960 that is concerning the Basic Regulations of Agrarian (UUPA).","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122668035","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":"HAK ASASI MANUSIA DALAM PERSPEKTIFFILSAFAT HUKUM","authors":"Reko Dwi Salfutra","doi":"10.33019/PROGRESIF.V12I2.977","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V12I2.977","url":null,"abstract":"Human Rights is a moral principle and its justification is in the philosophical moral.Understanding of human rights in the perspective of philosophical morality is believed to find the correct or at least deepening arguments for understanding the truth of human rights.Pancasila as the ideology of the Indonesian contains the idea that humans are created by God by carrying out two aspects, namely aspects of individuality and aspects of sociality. Therefore, everyone’s freedom is limited by the rights of others. This means that everyone has the obligation to recognize and respect the human rights of others.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133981623","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":"IMPLEMENTASI TANGGUNGJAWAB REKLAMASI PERTAMBANGAN TIMAH DI PULAU BELITUNG","authors":"Dwi Haryadi, Darwance Darwance, Reko Dwi Salfutra","doi":"10.33019/PROGRESIF.V12I2.972","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V12I2.972","url":null,"abstract":"Mining is one of the sectors that becomes an economic country’s support until now. \u0000Environmental issues is kind of difficult things and can’t even be separated from mining \u0000activities. Belitung island is as part of the largest tin-producing province in Indonesia that \u0000has been exploited since the 18 \u0000 century. It also has experienced the environmental crisis \u0000as well as other mining areas has in Indonesia. This research is conducted as an effort to \u0000discover and unravel the problematic implementation of reclamation on the ex-tin mine’s \u0000land in Belitung Island by using a conceptual approach and legislative approach. Based \u0000on the observation’s result, it shows that the reclamation’s result in Belitung Island has \u0000not been successful. Data from PT Timah (Persero) Tbk about the reclamation in Belitung \u0000Island also shows that the realization is far from the plan. There is no target that achieved \u0000successfully every year, also there is no reclamation that reaches 50 percent, the maximum \u0000is only 25 percent in 2016. \u0000th","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134628611","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":"KONSEP HUBUNGAN KEWENANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH DALAM BINGKAI NEGARA KESATUAN DENGAN CORAK OTONOMI LUAS","authors":"Rahmat Robuwan, Wirazilmustaan Wirazilmustaan, R. Agustian","doi":"10.33019/PROGRESIF.V12I2.976","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V12I2.976","url":null,"abstract":"State of Indonesia is a very large country. It can be seen from many tribes, nations, cultures, languages, and others who are in Indonesia. As a unitary state with extensive autonomy, takes the concept of the relationship of authority between the central government and local governments. Administratively, the pattern of the relationship of authority between the central government and regional governments born of the delegation of authority. Who was born on the theory of delegation, supervision concept embraced by local governments in Indonesia are more inclined to form Hybrid variations (supervision), transfer of power from central to local government could be said to embrace open-end arrangement or general competence. therefore, a new paradigm in central and local relations should be established with the pattern of center-periphery relations towards a more harmonious, it's time developed progressive thinking that is based on relations that are complementary and interdependent. \u0000 ","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129415531","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 PEKERJA/BURUH PENERIMA UPAH DALAM SUATU PERUSAHAAN YANG TIDAK DIIKUTSERTAKAN DALAM KEANGGOTAAN BPJS KETENAGAKERJAAN DITINJAU DARI UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BPJS","authors":"Ulfa Luthfiana","doi":"10.33019/progresif.v10i1.181","DOIUrl":"https://doi.org/10.33019/progresif.v10i1.181","url":null,"abstract":"The purpose of this study is to know the legal protection received by labors who work in a company that is not a member of Workers Social Security Agency (BPJS Ketenagakerjaan) viewed from Law Number 24 of 2011 on BPJS. This is a jurnal empirical study. The study was conducted at the office of BPJS Ketenagakerjaan Pangkalpinang, Social Services and Employment of Pangkalpinang City, KSPSI of Bangka Belitung Province. To gather the data, interviews and observation wer conducted along with library research. To analyze the data, qualitative method with interactive model was employed. The result shows that membership of BPJS Ketenagakerjaan is BPJS’ preventive step to give legal protection. Law number 24 of 2011 has firmly stipulated that sanctions will be given to employers who fail to register and pay dues for their employees. The administrative sanction takes from of written admonition, fines of IDR 1.000.000.000,00","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123246932","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":"KEDUDUKAN MEDIASI BAGI PARA PIHAK DALAM PENYELESAIAN SENGKETA PERTANAHAN UNTUK MENJAMIN KEPASTIAN HUKUM DITINJAU DARI PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2008 TENTANG PROSEDUR MEDIASI DI PENGADILAN","authors":"F. Farida","doi":"10.33019/PROGRESIF.V10I1.184","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V10I1.184","url":null,"abstract":"Along with the dynamics in the social and political nearly all aspects of the land can be land disputes. This study will describe how The Stance Of Resolution In Mediation Between Conflicting Parties In The Settlement Of Land Dispute To Guarantee Legal Certainty In Term Of Supreme Court Regulation No. 1 Of 2008 On Mediation Procedure In Court and How The Process of Resolving Land Disputes through Mediation Stage. This study uses normative research to the study of literature. In an effort to further strengthen the use of mediation in the Indonesian legal system and minimize the emergence of legal issues that may arise from the use of mediation then supreme court regulation No. 1 Of 2008 in the articles set about mediation and the solved mediation in court and mediation out court","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"202 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125723513","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":"HUKUM MODERN DAN PROSES PENAKLUKAN","authors":"F. Faisal","doi":"10.33019/progresif.v10i2.192","DOIUrl":"https://doi.org/10.33019/progresif.v10i2.192","url":null,"abstract":"Scientific of modern law is strongly influenced by the emergence of the paradigm of positivism. Modern law which in various ways or road, then spread to various parts of the world, is a type of law reached the peak of its development in the 19th century in Europe. The influence of modern law can make local laws with all their local wisdom becomes alienated in your own home. This is done by a process of conquest.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123190572","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":"MEDIASI SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA PERBANKAN","authors":"Reko Dwi Salfutra","doi":"10.33019/PROGRESIF.V11I1.199","DOIUrl":"https://doi.org/10.33019/PROGRESIF.V11I1.199","url":null,"abstract":"The more banks offer a number of products to the public, the possibility of a dispute between banks and customers is increasingly wide open as well. The existence of the customer service department in the bank is more than just a small talk. In the execution of its daily duties, in the banking world there are also frequent disputes between banks and their customers. In fact, not infrequently the dispute settlement that is used to bring the disputing parties to the world of justice that seem convoluted and long-winded. Therefore, any banking dispute requires fast and precise settlement efforts, and is empowered to achieve mutual interests.","PeriodicalId":448451,"journal":{"name":"PROGRESIF: Jurnal Hukum","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115751628","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}