ABSTRACT The development of technology gave birth to a new system in passenger transportation vehicle, one of that development is online-based transportation. The transportation user is increasing, but there was obscured legal relations between passengers, online-based transportation companies and insurance company. Legal certainty of security guarantee, safety and passenger protection to get insurance according to Law Number 33 Year 1964 also vague from social-security context. This study used normative juridical method. Statute Approach and Conceptual Approach with normative analysis (Content Analysis) used to examine the legal substance that has collected using literature study on the main legal substance sources of Law Number 33 Year 1964 and Law Number 22 Year 2009 . The results of this research convice that legal relations created between passengers and online-based transportation companies is the conveyance agreement, while the online-based transportation companies with the insurance company is the compulsive insurance, as the premium payer is the online-based transportation companies and the insured is the passenger with State-Owned Enterprise insurance company as the insurer. Guarantee from Law Number 33 Year 1964 given to casualty if the victims get injury or disability, but if they gone, the insurer gave compensation to their heir. The premium amount and passenger insurance was stipulated in Regulation of the Finance Ministry Number 15/PMK/0.10/2017. Insurance scope guarantee from board until debark the online-based transportation. Suicide, vehicle races, accident due to war, and natural disaster makes claim rejected. Insurance expiration is six months from accident, three months since submission, and three months after approval for insurance payments. Keywords: Coverage, Basic Protection, Onlinse-based Application
{"title":"PERTANGGUNGAN KECELAKAAN PENUMPANG ANGKUTAN BERBASIS APLIKASI ONLINE DALAM PERLINDUNGAN DASAR PEMERINTAH","authors":"Guntur Rubyantoro Kusumo","doi":"10.35334/AY.V3I1.983","DOIUrl":"https://doi.org/10.35334/AY.V3I1.983","url":null,"abstract":"ABSTRACT The development of technology gave birth to a new system in passenger transportation vehicle, one of that development is online-based transportation. The transportation user is increasing, but there was obscured legal relations between passengers, online-based transportation companies and insurance company. Legal certainty of security guarantee, safety and passenger protection to get insurance according to Law Number 33 Year 1964 also vague from social-security context. This study used normative juridical method. Statute Approach and Conceptual Approach with normative analysis (Content Analysis) used to examine the legal substance that has collected using literature study on the main legal substance sources of Law Number 33 Year 1964 and Law Number 22 Year 2009 . The results of this research convice that legal relations created between passengers and online-based transportation companies is the conveyance agreement, while the online-based transportation companies with the insurance company is the compulsive insurance, as the premium payer is the online-based transportation companies and the insured is the passenger with State-Owned Enterprise insurance company as the insurer. Guarantee from Law Number 33 Year 1964 given to casualty if the victims get injury or disability, but if they gone, the insurer gave compensation to their heir. The premium amount and passenger insurance was stipulated in Regulation of the Finance Ministry Number 15/PMK/0.10/2017. Insurance scope guarantee from board until debark the online-based transportation. Suicide, vehicle races, accident due to war, and natural disaster makes claim rejected. Insurance expiration is six months from accident, three months since submission, and three months after approval for insurance payments. Keywords: Coverage, Basic Protection, Onlinse-based Application","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123968436","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}
ABSTRACT The members of INA and PIR don’t give right to vote and be elected in general elections because there is worried about right to vote and be elected will be bringing on not neutral in general election, with the result that general elections principle is direct, general, secret, honest, and fair will not be achieved if right to vote and be elected is given. Although that worried still be able to debate in theoretical. It is becaused if right to vote and be elected for members of INA and PIR are given, so will not influence the vote result majority in general elections. The concept to give right to vote and be elected for members INA and PIR in general elections need to be implemented, because in the first general elections in 1955 the members of INA and PIR follow to vote and be elected in general election, and than there was not problem happen in thats time. Because of that be alternative thought bargained in this thesis; The concept of legal protection for members INA and PIR in political freedom is looked from human right protection principle is given freedom for members INA and PIR to vote the candidates house representatives, house representative region, house representative people, President and Vice President with free without any pressures from the institution INA and PIR. And than for the members INA and PIR propose their self as candidates the members House Representative, House Representative Region, House Representative People, President and Vice President permitted to be candidate as form of political freedom to every people Keyword: legal equality, political freedom, general election.
{"title":"PERSAMAAN HUKUM KEBEBASAN BERPOLITIK ANGGOTA TENTARA NASIONAL INDONESIA DAN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM PEMILIHAN UMUM DI INDONESIA","authors":"Basuki Kurniawan","doi":"10.35334/AY.V3I1.984","DOIUrl":"https://doi.org/10.35334/AY.V3I1.984","url":null,"abstract":"ABSTRACT The members of INA and PIR don’t give right to vote and be elected in general elections because there is worried about right to vote and be elected will be bringing on not neutral in general election, with the result that general elections principle is direct, general, secret, honest, and fair will not be achieved if right to vote and be elected is given. Although that worried still be able to debate in theoretical. It is becaused if right to vote and be elected for members of INA and PIR are given, so will not influence the vote result majority in general elections. The concept to give right to vote and be elected for members INA and PIR in general elections need to be implemented, because in the first general elections in 1955 the members of INA and PIR follow to vote and be elected in general election, and than there was not problem happen in thats time. Because of that be alternative thought bargained in this thesis; The concept of legal protection for members INA and PIR in political freedom is looked from human right protection principle is given freedom for members INA and PIR to vote the candidates house representatives, house representative region, house representative people, President and Vice President with free without any pressures from the institution INA and PIR. And than for the members INA and PIR propose their self as candidates the members House Representative, House Representative Region, House Representative People, President and Vice President permitted to be candidate as form of political freedom to every people Keyword: legal equality, political freedom, general election.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"238 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132296017","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}
Abstract Two problem formulations were discussed in this study, namely the politics of law of governance in the transition period of the replacement of regional heads in Indonesia and the organizational design and governance work in the transition period of the replacement of regional heads in the perspective of regional autonomy. As a normative legal research, it used the statute and the conceptual approaches. Based on the results of the study it was concluded that the politics of law of regional governance in the transition period of the replacement of regional heads in Indonesia are partially regulated in Law Number 10 of 2016 where regional heads are prohibited from replacing officials 6 (six) months prior to the date of the nomination of candidate pairs up to the end of the term of office and 6 (six) months from the date of inauguration unless obtaining written approval from the Minister. Furthermore, in Regulation of the Minister of Home Affairs No. 86 of 2017, it is regulated that the formulation of vision, mission and program of candidates for regional head and deputy regional head must be guided by the RPJPD and if there is a time lag between the elections until the inauguration of the elected regional head exceeds a period of 6 (six) months, the draft the RPJMD technocracy can be refined by referring to the vision, mission, and program of the elected regional head. The implementation of the two regulations has the potential to violate the principles of regional government implementation, namely professionalism, public Intertest, and effectiveness. In order to minimize the potential violations of the principle of regional government implementation, it is necessary to revise Law Number 10 of2016 and Permendagri Number 86 of 2017. Keywords: Regional Government, Transition Period Substitution of RegionalHeads, Transition
{"title":"Pemerintahan Pada Masa Transisi Pergantian Kepala DaerahDalam Perspektif Otonomi Daerah","authors":"A. Hasan","doi":"10.35334/AY.V5I2.1913","DOIUrl":"https://doi.org/10.35334/AY.V5I2.1913","url":null,"abstract":"Abstract Two problem formulations were discussed in this study, namely the politics of law of governance in the transition period of the replacement of regional heads in Indonesia and the organizational design and governance work in the transition period of the replacement of regional heads in the perspective of regional autonomy. As a normative legal research, it used the statute and the conceptual approaches. Based on the results of the study it was concluded that the politics of law of regional governance in the transition period of the replacement of regional heads in Indonesia are partially regulated in Law Number 10 of 2016 where regional heads are prohibited from replacing officials 6 (six) months prior to the date of the nomination of candidate pairs up to the end of the term of office and 6 (six) months from the date of inauguration unless obtaining written approval from the Minister. Furthermore, in Regulation of the Minister of Home Affairs No. 86 of 2017, it is regulated that the formulation of vision, mission and program of candidates for regional head and deputy regional head must be guided by the RPJPD and if there is a time lag between the elections until the inauguration of the elected regional head exceeds a period of 6 (six) months, the draft the RPJMD technocracy can be refined by referring to the vision, mission, and program of the elected regional head. The implementation of the two regulations has the potential to violate the principles of regional government implementation, namely professionalism, public Intertest, and effectiveness. In order to minimize the potential violations of the principle of regional government implementation, it is necessary to revise Law Number 10 of2016 and Permendagri Number 86 of 2017. Keywords: Regional Government, Transition Period Substitution of RegionalHeads, Transition ","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131236421","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}
ABSTRACTIklim investasi sulit berkembang bilamana terlalu banyaknya aturan yang tumpang tindih dari pusat hingga daerah, serta dengan prosedur perizinan yang lama menjadi suatu sumber masalah yang tidak kunjung selesai. Melihat hal tersebut Presiden Jokowi membuat trobosan dengan menggunakan Omnibus Law Cipta Lapangan Kerja atau sering kali disebut dengan RUU Omnibus Law Cilaka. Hal ini merupakan sesuatu yang baru di Indonesia, namun itu merupakan suatu terobosan dalam menyelesaikan kesemerawutan hukum di Indonesia. Namun keinginan dari Pemerintah mendapatkan respon gelombang demo yang cukup besar dari golongan buruh dan masyarakat. Demo itu didasarkan isi dari pasal-pasal dalam RUU Omnibus Law Cipta Lapangan Kerja yang dianggap merugikan masyakat Indonesia dan golongan buruh. Berdasarkan pendapat yang penulis sampaikan, kami menyimpulkn beberapa hal. Pertama, RUU Omnibus Law Cipta Lapangan Kerja memiliki beberapa koreksi yang lebih dalam khususnya dalam aspek paradigma serta substansi pengaturan mengenai PHK, Izin, serta Otonomi Daerah (Desentralisasi). Kedua, niatan adanya RUU Omnibus Law Cilaka yakni untuk mengurangi adanya hyper regulation (banyaknya peraturan perundang-undangan), namun dalam RUU malah menciptakan aturan turunan yang membuat semakin banyaknya aturan baru yang dimunculkan. Maka seyogyanya RUU Omnibus Law Cipta Lapangan Kerja ini perlu di atur ulang dengan tetap mengikut sertakan masyarakat luas dalam memberikan masukan dan pandangan demi sempurnanya RUU Cipta Lapangan Kerja ini. Kata Kunci: Omnibus Law, Cipta Lapangan Kerja.
{"title":"REDESAIN RANCANGAN UNDANG UNDANG OMNIBUS LAW CIPTA LAPANGAN KERJA","authors":"Basuki Kurniawan","doi":"10.35334/AY.V5I2.1915","DOIUrl":"https://doi.org/10.35334/AY.V5I2.1915","url":null,"abstract":"ABSTRACTIklim investasi sulit berkembang bilamana terlalu banyaknya aturan yang tumpang tindih dari pusat hingga daerah, serta dengan prosedur perizinan yang lama menjadi suatu sumber masalah yang tidak kunjung selesai. Melihat hal tersebut Presiden Jokowi membuat trobosan dengan menggunakan Omnibus Law Cipta Lapangan Kerja atau sering kali disebut dengan RUU Omnibus Law Cilaka. Hal ini merupakan sesuatu yang baru di Indonesia, namun itu merupakan suatu terobosan dalam menyelesaikan kesemerawutan hukum di Indonesia. Namun keinginan dari Pemerintah mendapatkan respon gelombang demo yang cukup besar dari golongan buruh dan masyarakat. Demo itu didasarkan isi dari pasal-pasal dalam RUU Omnibus Law Cipta Lapangan Kerja yang dianggap merugikan masyakat Indonesia dan golongan buruh. Berdasarkan pendapat yang penulis sampaikan, kami menyimpulkn beberapa hal. Pertama, RUU Omnibus Law Cipta Lapangan Kerja memiliki beberapa koreksi yang lebih dalam khususnya dalam aspek paradigma serta substansi pengaturan mengenai PHK, Izin, serta Otonomi Daerah (Desentralisasi). Kedua, niatan adanya RUU Omnibus Law Cilaka yakni untuk mengurangi adanya hyper regulation (banyaknya peraturan perundang-undangan), namun dalam RUU malah menciptakan aturan turunan yang membuat semakin banyaknya aturan baru yang dimunculkan. Maka seyogyanya RUU Omnibus Law Cipta Lapangan Kerja ini perlu di atur ulang dengan tetap mengikut sertakan masyarakat luas dalam memberikan masukan dan pandangan demi sempurnanya RUU Cipta Lapangan Kerja ini. Kata Kunci: Omnibus Law, Cipta Lapangan Kerja.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"5 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122421110","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}
ABSTRACT The creditor certainly wants a position that is not the same as other creditors, because the same position with other creditors means getting equal rights with other creditors of the proceeds from the sale of the debtor's property, if the debtor is liable to the promise. The balanced position does not provide certainty of guaranteed return of receivables. The more creditors of the debtor are concerned, the less likely it is to guarantee the return of the receivable if for some reason the debtor becomes insolvent (unable to pay its debts). The procurement of legally guaranteed copyrights is to provide a position for a particular creditor to take precedence over other creditors. It is also the objective of the existence of Mortgage Rights as regulated by Law Number 4 Year 1996 concerning the Right of Million of Land and Land Related. One of the events that eliminated the Mortgage right is mentioned in Article 18 paragraph (1d) UUHT, that as the last mentioned basis for the abolition of Mortgage right is the abolition of land rights. The abolition of land rights takes place over time, for which the right is granted. Rights that are lower in rank than property rights such as the right to use, the right to use and the right to use are limited in time, even if physically still exist. With the termination of the rights to the land concerned, the rights to the land concerned shall return to the concerned owner or owner and if such right is granted by the state, then the land is returned to the state power. Thus, the creditor of the dependent will lose his position as the preferred creditor. Keywords: Creditors, Debtors, Deposit Rights
{"title":"UPAYA HUKUM KREDITOR SEBAGAI PENANGKAL RISIKO HAPUSNYA HAK ATAS TANAH YANG DIAGUNKAN","authors":"Ghansam Anand","doi":"10.35334/AY.V2I2.1544","DOIUrl":"https://doi.org/10.35334/AY.V2I2.1544","url":null,"abstract":"ABSTRACT The creditor certainly wants a position that is not the same as other creditors, because the same position with other creditors means getting equal rights with other creditors of the proceeds from the sale of the debtor's property, if the debtor is liable to the promise. The balanced position does not provide certainty of guaranteed return of receivables. The more creditors of the debtor are concerned, the less likely it is to guarantee the return of the receivable if for some reason the debtor becomes insolvent (unable to pay its debts). The procurement of legally guaranteed copyrights is to provide a position for a particular creditor to take precedence over other creditors. It is also the objective of the existence of Mortgage Rights as regulated by Law Number 4 Year 1996 concerning the Right of Million of Land and Land Related. One of the events that eliminated the Mortgage right is mentioned in Article 18 paragraph (1d) UUHT, that as the last mentioned basis for the abolition of Mortgage right is the abolition of land rights. The abolition of land rights takes place over time, for which the right is granted. Rights that are lower in rank than property rights such as the right to use, the right to use and the right to use are limited in time, even if physically still exist. With the termination of the rights to the land concerned, the rights to the land concerned shall return to the concerned owner or owner and if such right is granted by the state, then the land is returned to the state power. Thus, the creditor of the dependent will lose his position as the preferred creditor. Keywords: Creditors, Debtors, Deposit Rights","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115076982","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}
Abstract The need for land for the business world is getting bigger, while the land supply is limited. One of the rights to land used by investors to support their business is the building rights. The building rights.is the right to own and own buildings on land which is not his own with a maximum period of 30 years. The land which can be granted of the right building is the State Land, the land of management rights and the land of property rightsTeh Building Right as one of the objects granting of Right Building is the hereditary, strongest and most fulfilled right which can be owned by people on the land keeping in mind the provisions in Article 6 of the Basic Agrarian Law.The Building Right on the land Property rights have special characteristics because the granting of their rights is set forth in the form of deed granting of building Right on the land of property rights, which specifically regulates the agreement of the parties in order to fulfill the principle of freedom of contract. In addition, in making the deed granting of Building Right on the land of proprietary rights can be arranged specifically about the contents of the deed by deviating from the prevailing laws and regulations. Where a Building Rights Holders intend to impose a mortgage right and transfer this right shall obtain the consent of the right holder. This is different from the building right on state land. The buildings rights on state land may be borne by mortgages and transferred without obtaining the consent of othersKeywords; Building Right , Property Right ,Land
{"title":"KARAKTERISTIK HAK GUNA BANGUNAN DI ATAS TANAH HAK MILIK","authors":"Marthen B. Salinding","doi":"10.35334/ay.v2i2.1542","DOIUrl":"https://doi.org/10.35334/ay.v2i2.1542","url":null,"abstract":"Abstract The need for land for the business world is getting bigger, while the land supply is limited. One of the rights to land used by investors to support their business is the building rights. The building rights.is the right to own and own buildings on land which is not his own with a maximum period of 30 years. The land which can be granted of the right building is the State Land, the land of management rights and the land of property rightsTeh Building Right as one of the objects granting of Right Building is the hereditary, strongest and most fulfilled right which can be owned by people on the land keeping in mind the provisions in Article 6 of the Basic Agrarian Law.The Building Right on the land Property rights have special characteristics because the granting of their rights is set forth in the form of deed granting of building Right on the land of property rights, which specifically regulates the agreement of the parties in order to fulfill the principle of freedom of contract. In addition, in making the deed granting of Building Right on the land of proprietary rights can be arranged specifically about the contents of the deed by deviating from the prevailing laws and regulations. Where a Building Rights Holders intend to impose a mortgage right and transfer this right shall obtain the consent of the right holder. This is different from the building right on state land. The buildings rights on state land may be borne by mortgages and transferred without obtaining the consent of othersKeywords; Building Right , Property Right ,Land ","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123327669","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}
ABSTRACT This research is motivated by the increasingly widespread use of narcotic in Indonesia, while the illegal use of narcotics can be viewed as a crime that can be imposed criminal sanctions in accordance with the provisions of Law of 35 of 2009. This narcotic law, in the case of punishment to the narcotic user, adheres to double track system, namely repressive sanction and action sanction. Medical rehabilitation is one of the framework of action sanction. On that basis, this research refers to two objectives: Analyzing the existence of rehabilitation for narcotic user in the perspective of the Indonesian punishment system and Analyzing the consequences for rehabilitation in cases of narcotic crime.This research is a legal research with normative law research type. The analytical approach uses a statutory approach and a conceptual approach. Sources of legal materials used in this study are primary and secondary legal materials. Primary sources of law relate to written legal products and secular sources of law covering other relevant literature.The results of research show that the existence of rehabilitation for narcotic user in the perspective of the Indonesian punishment system, is basically one of the forms of sanction which must be undertaken by the user of narcotic who is not the category of dealer, because the philosophy of Law of 35 on 2009 on Narcotic adheres to double track system in the case of sanction for the narcotic user, namely a repressive witness and action sanction, so it can be argued that rehabilitation is a manifestation of the sanction of such action. Furthermore, the determination of rehabilitation for narcotic user based on a judge's ruling may have consequences for drug user to undergo medical rehabilitation as a duty.. Furthermore, the role of government is very important through the National Narcotics Agency (BNN) to streamline community participation in the framework of medical rehabilitation and social rehabilitation procedures that are very urgent for the recovery of health and mental recovery of those who have become victims of narcotics. Keywords : Rehabilitation, Criminal Sanction, and Narcotic User
{"title":"REHABILITASI TERHADAP PENYALAHGUNAAN NARKOTIKA DI TINJAU DARI SISTEM PEMIDANAAN INDONESIA","authors":"S. Syafruddin","doi":"10.35334/ay.v3i2.1551","DOIUrl":"https://doi.org/10.35334/ay.v3i2.1551","url":null,"abstract":"ABSTRACT This research is motivated by the increasingly widespread use of narcotic in Indonesia, while the illegal use of narcotics can be viewed as a crime that can be imposed criminal sanctions in accordance with the provisions of Law of 35 of 2009. This narcotic law, in the case of punishment to the narcotic user, adheres to double track system, namely repressive sanction and action sanction. Medical rehabilitation is one of the framework of action sanction. On that basis, this research refers to two objectives: Analyzing the existence of rehabilitation for narcotic user in the perspective of the Indonesian punishment system and Analyzing the consequences for rehabilitation in cases of narcotic crime.This research is a legal research with normative law research type. The analytical approach uses a statutory approach and a conceptual approach. Sources of legal materials used in this study are primary and secondary legal materials. Primary sources of law relate to written legal products and secular sources of law covering other relevant literature.The results of research show that the existence of rehabilitation for narcotic user in the perspective of the Indonesian punishment system, is basically one of the forms of sanction which must be undertaken by the user of narcotic who is not the category of dealer, because the philosophy of Law of 35 on 2009 on Narcotic adheres to double track system in the case of sanction for the narcotic user, namely a repressive witness and action sanction, so it can be argued that rehabilitation is a manifestation of the sanction of such action. Furthermore, the determination of rehabilitation for narcotic user based on a judge's ruling may have consequences for drug user to undergo medical rehabilitation as a duty.. Furthermore, the role of government is very important through the National Narcotics Agency (BNN) to streamline community participation in the framework of medical rehabilitation and social rehabilitation procedures that are very urgent for the recovery of health and mental recovery of those who have become victims of narcotics. Keywords : Rehabilitation, Criminal Sanction, and Narcotic User ","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134336170","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}
ABSTRACT The guaranted of protection to a Justice Collaborator is stipulated in Article 32 of the United Nations Convention Against Corruption, 2003) as ratified as Law Number 7 Year 2006 stipulates that each State Party is obliged to provide physical and psychological protection against witnesses and experts in the disclosure of criminal acts of corruption. As the development progresses of corruption disclosure in Indonesia, the arrangement of Justice Collaborator is then started to be regulated explicitly in Law Number 31 Year 2014 on Protection of Witness and Victim. Although physical, legal and special protection guarantees against the Justice Collaborator already exist. In fact, in the disclosure of a crime of corruption committed crime, a witness of the perpetrator who cooperates with law enforcement gets bullied until threats are killed. For example in the disclosure of corruption cases involving a number of politicians Political Parties in Indonesia. Keywords: Justice Collaborator, Protection, Corruption
{"title":"PERLIDUNGAN JUSTICE COLLABORATOR TINDAK PIDANA KORUPSI","authors":"J. Jupri","doi":"10.35334/ay.v2i2.1545","DOIUrl":"https://doi.org/10.35334/ay.v2i2.1545","url":null,"abstract":"ABSTRACT The guaranted of protection to a Justice Collaborator is stipulated in Article 32 of the United Nations Convention Against Corruption, 2003) as ratified as Law Number 7 Year 2006 stipulates that each State Party is obliged to provide physical and psychological protection against witnesses and experts in the disclosure of criminal acts of corruption. As the development progresses of corruption disclosure in Indonesia, the arrangement of Justice Collaborator is then started to be regulated explicitly in Law Number 31 Year 2014 on Protection of Witness and Victim. Although physical, legal and special protection guarantees against the Justice Collaborator already exist. In fact, in the disclosure of a crime of corruption committed crime, a witness of the perpetrator who cooperates with law enforcement gets bullied until threats are killed. For example in the disclosure of corruption cases involving a number of politicians Political Parties in Indonesia. Keywords: Justice Collaborator, Protection, Corruption ","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"614 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133321650","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}
AbstrackThis research was made to know the position of PERMA NO.2 IN 2012 in the hierarchy of legislation and to know the PERMA's binding and enforceability. In this research using normative law research method with law approach, conceptual, and case approach. From this study found that the position of PERMA NO.2 IN 2012 in the hierarchy of legislation - legislation is under the law and the effect of the implementation of PERMA is null and void.Keywords: position, PERMA NO.2 IN 2012, Due to the law
{"title":"KEDUDUKAN DAN AKIBAT HUKUM PENERAPAN PERMA NO.2 TAHUN 2012","authors":"Fadliansyah Fadliansyah","doi":"10.35334/ay.v2i2.1546","DOIUrl":"https://doi.org/10.35334/ay.v2i2.1546","url":null,"abstract":"AbstrackThis research was made to know the position of PERMA NO.2 IN 2012 in the hierarchy of legislation and to know the PERMA's binding and enforceability. In this research using normative law research method with law approach, conceptual, and case approach. From this study found that the position of PERMA NO.2 IN 2012 in the hierarchy of legislation - legislation is under the law and the effect of the implementation of PERMA is null and void.Keywords: position, PERMA NO.2 IN 2012, Due to the law","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126295088","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}
ABSTRACT Basically, same with the civil settlement in the District Court, peace in thesettlement of bankruptcy cases is required to be implemented. The article of130 of HIR / 154 HIR concerning the obligation to reconcile the two sides havebeen concreted through Perma No 1, year 2016. However, this Perma can’t beapplied to the settlement of bankruptcy cases in the Commercial Court. This study want to know the juridical reasons the peace achieved through Mediation In Court based on Perma no. 1 of 2016 can’t be applied in the settlement of bankruptcy disputes in the Commercial Court and the juridical consequences that distinguish between the peace achieved through mediation in Court and the bankruptcy proceedings and PKPU related to certainty as the purpose of law Peace institutions through Perma No1, year 2016 pursued by means of mediation can not be applied to bankruptcy cases because bankruptcy is included in the volunteer domain whereas mediation in court is implemented in contentiosa case. Therefore, peace in the settlement of bankruptcy cases can’t be executed at the beginning of the investigation of bankruptcy cases in the Commercial Court, as new peace can be applied if the debtor's status is clear as a bankrupt party. Although mediation can’t be implemented in order to achieve peace in the bankruptcy case in the Commercial Court, the concept of a win-win solution remains in the implementation of peace in the Commercial Court is apeace that can provide balanced benefits for both parties as business actors.Keywords: bankruptcy, peace, win-win Solution
{"title":"MEDIASI IN COURT UNTUK MEWUJUDKAN KEPASTIAN HUKUM BERDASARKAN WIN –WIN SOLUTION","authors":"Anita Afriana","doi":"10.35334/ay.v2i2.1548","DOIUrl":"https://doi.org/10.35334/ay.v2i2.1548","url":null,"abstract":"ABSTRACT Basically, same with the civil settlement in the District Court, peace in thesettlement of bankruptcy cases is required to be implemented. The article of130 of HIR / 154 HIR concerning the obligation to reconcile the two sides havebeen concreted through Perma No 1, year 2016. However, this Perma can’t beapplied to the settlement of bankruptcy cases in the Commercial Court. This study want to know the juridical reasons the peace achieved through Mediation In Court based on Perma no. 1 of 2016 can’t be applied in the settlement of bankruptcy disputes in the Commercial Court and the juridical consequences that distinguish between the peace achieved through mediation in Court and the bankruptcy proceedings and PKPU related to certainty as the purpose of law Peace institutions through Perma No1, year 2016 pursued by means of mediation can not be applied to bankruptcy cases because bankruptcy is included in the volunteer domain whereas mediation in court is implemented in contentiosa case. Therefore, peace in the settlement of bankruptcy cases can’t be executed at the beginning of the investigation of bankruptcy cases in the Commercial Court, as new peace can be applied if the debtor's status is clear as a bankrupt party. Although mediation can’t be implemented in order to achieve peace in the bankruptcy case in the Commercial Court, the concept of a win-win solution remains in the implementation of peace in the Commercial Court is apeace that can provide balanced benefits for both parties as business actors.Keywords: bankruptcy, peace, win-win Solution","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131163817","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}
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