Results in Journal Jurnal Magister Hukum ARGUMENTUM: 15
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Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 1-9; https://doi.org/10.24123/argu.v7i1.3008
This article is reviews the actions that pollute the river by means of disposing of waste without a waste processing is done in advance should be accountable for criminal, other causes have been heading for the judge's ruling that sentenced only 8 (eight) months against the accused and with a fine of Rp 1,000,000 (one million) which in my opinion in this case more appropriate defendant charged Article 69 paragraph (1) letter a Jo. Article 98 paragraph (1) of Law No. 32 of 2009 on the Protection and Environmental Management.
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 16-26; https://doi.org/10.24123/argu.v7i1.3009
The purpose of this study is to determine the authority of a Notary Public in the period of parole in carrying out his position as a public official making an authentic deed and knowing the legal position of an authentic deed made by a Notary during the parole who performs the duties of a Notary Public. This type of research is normative juridical by using the statutory approach, conceptual approach and case approach. From the results of the study note: First, the position of notary public, besides being a public official as well as a public official, so a notary must always maintain his honor and dignity and have a good personality. When a notary public commits a criminal offense, the Notary Position Act will also impose administrative sanctions. Of the cases examined in this study, a notary was sentenced to a criminal sentence for drug abuse, returning to his position as a notary public to serve the public while undergoing a period of parole. This is due to the negligence of the notary Supervisory Council that has been formed in stages starting from the Regional Supervisory Council, Regional Supervisory Council and Central Supervisory Council, which does not carry out its duties, functions and obligations properly. The two acts of notary that have legally lost their authority but re-practiced and served the community are acts that are carried out without authority so that the deed they make does not have power as an authentic deed.
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 34-46; https://doi.org/10.24123/argu.v7i1.3013
Bank is a financial institution, which primary function includes collecting and granting deposits to the public based on fiduciary principle. The development of information technology has shifted financial products and services into electronic-based products and services, making money management easier than before. One of the electronic banking products, an ATM (Automatic Teller Machine) is operated by a financial institution, allowing customers to perform financial transactions. However, the information age shows that ATM skimming has become a rising threat. Skimming is a crime that occurs when skimmers install skimming devices on ATM machines in order to steal debit or credit card information. Skimming is done by surreptitiously installing a device at ATMs to record pin card data using magnetic strips. Therefore, the purpose of this study is to analyze which party is liable as a result of ATM skimming. The result of this study shows that BCA is liable for the loss caused to its customers due to unauthorized withdrawals, considering Article 1367 of the Indonesia Civil Code states that a financial institution is responsible for the damage caused by matters which are under its supervision, that is, an ATM machine. Skimming is a criminal act in the banking sector that not only contravenes Banking Law, but also Criminal Law and Information and Electronic Transactions Law. Therefore, skimmer or fraudster is subject to Article 263 jo. Article 362 of the Criminal Code and/ or Article 30 (3) jo. Article 46 of the Information and Electronic Transactions Law.
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 10-15; https://doi.org/10.24123/argu.v7i1.3014
Since its discovery by the United States Department of Defense in 1969, internet usage continues to increase throughout the world. This occurs because the internet provides convenience to the public to obtain information that is needed and covers all fields of life. However, it also creates a new problem, namely the emergence of online gambling crime. Based on online gambling practices, the process of disclosure and enforcement by law enforcers against perpetrators was also relatively difficult to do either in the process of inspection, investigation and prosecution. Therefore, deeply further study is needed concerning online gambling from the legal point of view. This paper discusses the mode of operation of online gambling, and the deposit system in cash or transfer. Obstacles that occur in the process of law enforcement will also be analyzed from four aspects, namely investigators, evidence, operational budgets and facilities. In addition, the scope of this study is a case in Makassar city.
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 27-33; https://doi.org/10.24123/argu.v7i1.3006
One sphere regulated by International Civil Law is international business contracts which contain foreign elements. The existence of foreign elements in international business contracts is followed by the emergence of the freedom of the parties to determine choice of law and/or choice of forum. Without the inclusion of choice of law and/or choice of forum clauses, problems will arise about which country’s law applies and which forum is authorized to resolve international business contract disputes. One important thing related to choice of law and/or choice of forum in international business contracts is the limitations toward them. The research question is what are the limitations toward choice of law and/or choice of forum in international business contracts?. The research method used is juridical normative with statute approach and conceptual approach as problem approaches. The result of the research explicates in general, the limitations toward choice of law and/or choice of the forum in international business contracts are the limitations determined in Article 1339 of the Civil Code namely not contrary to propriety, customs, laws, and applicable legal system in every country. The parties need to understand the limitations toward choice of law and/or choice of forum clauses in international business contracts and implement them when making choice of law and/or choice of forum clauses so these clauses are not null and void.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 1051-1061; https://doi.org/10.24123/argu.v6i1.1857
Theft involving violence is a street crime and had threatened public safety and security. The society no longer can live in decent way. Aside from the layer of indicators that challenge the law enforcement to differ whether the case was theft involving violence or just theft and violence in separate ways, in Indonesia, the number of this type of crime escalated from 2014 to2015 and to 2016. Though law enforcement did their duty to resolve this matter, the number of crime yet decrease. This paper presents a preliminary research on how to build effective crime deterrence of theft involving violence.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 1125-1136; https://doi.org/10.24123/argu.v6i1.1861
The existence of various regulations made resulted in many types of special receivables. This then becomes uncertain if there is a conflict between the special receivables. Because there is no specific provision that can be used as a solution. There is no norm that can be used as a legal basis. In Article 95 paragraph (4) of Law Number 13 of 2003 concerning employment, special privileges are raised for which repayment must take precedence, namely the wages of workers / laborers. This regulation collides with special receivables arising from accounts receivable which are guaranteed by collateral rights such as mortgage, mortgage, mortgage, or fiduciary rights. Between one law does not synergize with other laws. On the one hand the wages of unpaid workers are accounts receivable which must be prioritized, and on the other hand the creditor of the collateral rights holder is a creditor who can take repayment of his receivables in advance of other creditors.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 1104-1124; https://doi.org/10.24123/argu.v6i1.1860
The subject matter of the study of the effect of the law on the judge's decision to ignore the litis contestatio in the criminal acts of corruption, with the problem of how the legal position of the indictment in the judicial process against a criminal act of corruption and what the legal consequences if the judge's decision on a crime occurred ignore litis contestatio. Approach of concepts and case approach, the following conclusions are obtained: Legal Status The indictment in a criminal case of corruption which is one of the most fundamental principles in the criminal process is the necessity of making an indictment and the judge may only decide on the basis of the facts, less or more. The indictment is viewed as litis contestation. The indictment is the basis for the judge in examining and adjudicating a criminal case and the Judge's Decision on a case involving STA in a criminal act of corruption in Judge Consideration based solely on facts in the hearing does not comply with the provisions of article 182 paragraph (4) of the Criminal Procedure Code, If the provisions of the articles charged by the Public Prosecutor are not legally and convincingly proven, the Judge shall award the decision or the vrijspraak as determined in Article 191 paragraph (1) of the Criminal Procedure Code, and if not in accordance with Article 197 paragraph (2) of the Criminal Procedure Code then the verdict will be null and void.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 976-992; https://doi.org/10.24123/argu.v6i1.1849
In a marriage, the ideal conditions in a marriage may only be a husband and a wife is the legitimate requirement of a marriage. If these requirements are not met then the marriage an be canceled. Cancelation of marriage can occur when one of the conditions of marriage are not met.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 1082-1103; https://doi.org/10.24123/argu.v6i1.1859
Transfer pricing is a company policy in determining transfer prices to other companies, but in practice transfer pricing is done in order to avoid taxes. At present Indonesia has not been able to overcome the issue of transfer pricing because the regulations and sanctions are still unclear. Businessmen as taxpayers need legal certainty in the context of tax planning and business competition, while the government also requires legal certainty to secure revenues from the tax sector. The legal vacuum created legal uncertainty for both parties so that it was not in harmony with the principle of justice. Regulation regarding transfer pricing in Indonesia has actually been regulated in legislation found in Article 18 paragraph (3), (3a), and (4) Income Tax Law. However, the regulation has not been clearly regulating transfer pricing. The unclear regulation regarding transfer pricing lead Indonesian Government to refine the Anti-Avoidance Rule (AAR) which is integrated in the Income Tax Law. The AAR must provide clear definitions and differences regarding acceptable tax avoidance, unacceptable tax avoidance, and tax evasion, so that transfer pricing that breaks arm's length principle will be categorized as illegal. In addition, the AAR must be clearly and explicitly regulated regarding sanctions for transfer pricing doer. Improvement of AAR which is integrated in the Income Tax Law will provides legal certainty and guarantees justice for both businessmen as taxpayers and the government.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 951-975; https://doi.org/10.24123/argu.v6i1.1848
Agricultural land that is owned by a cord (Absentee) is legally prohibited. Because the ownership of the Absentee-owned Agricultural Land distances the ideals and spirit of land reform as the basic rule of every National Agrarian law. Absentee land tenure is prohibited because it can restore a very detrimental Landlord system especially to local farmers residing in Absentee land. True agricultural land should be utilized and done in an effort to meet the productivity that will raise the economy nationally. However, Government Regulation No. 4 of 1977 concerning Agricultural Land Ownership by Clothes (Absentee) for Retired Civil Servants states that "a Servant within 2 (two) years preceding retirement allowed to buy agricultural land in guntai (absentee) covering an area of up to 2/5 of a part the maximum limit of land tenure for the relevant Level II Regions. ". Is the ban on the ownership of farmland in a strand (Absentee) applies to all the people of Indonesia ?. The prohibition of land ownership does not apply to Civil Servants State From the provisions of the law above can be concluded that Civil Servants (PNS) can have Absentee land because it is considered Civil Servants have been credited as a driver of the state system. However, with the conditions set forth in the legislation. Civil Servants or Retired Civil Servants who have farmland by hand (Absentee) can make a profit-sharing system as an effort to manage the absentee land to be more productive again by sticking to the prevailing laws and regulations.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 1062-1081; https://doi.org/10.24123/argu.v6i1.1858
This research discusses the basis for imposing income tax for heirs on income accrued from inheritance, as well as conformity with the objectives of the law as certainty, justice, and benefit of the law. This study is a normative study with a statutory approach and a conceptual approach, using qualitative analysis. The results of the study state that inheritance that has not been divided is subject to tax, and inheritance that has been divided is not a tax object, heirs who receive additional income from inheritance are exempted from the income tax from the transfer of rights to land and / or buildings issued by issuance of SKB PPh, SKB PPh is given if the land and / or buildings that are objects of inheritance have been reported in Annual Income Tax Returns, unless the heir has income below the Non-Taxable Income (PTKP) and the gross amount of the transfer is less than IDR 60,000,000.00 based on SE-20 / PJ / 2015. The imposition of tax on additional income based on fulfilling legal objectives as justice, while for certainty has not been fulfilled because there are conflicts of norms and legal vacancies for inheritance other than land and / or buildings, while the purpose of law as benefit has not yet benefited heirs
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 1035-1050; https://doi.org/10.24123/argu.v6i1.1856
Regional autonomy has given authority to local governments to regulate and manage their own government households. The authority of the regional government in regulating this is realized through regional authority to make legal products called Regional Regulations. This regulation is an operational juridical instrument and controlling instrument for the implementation of regional autonomy. Law Number 12 of 2011 concerning the Establishment of Legislation Regulations mandates that there are stages that must be passed in forming legislation, namely through the stages of planning, drafting, discussion, ratification or stipulation, and promulgation. This study examines and answers the problems regarding the procedure for establishing Regional Regulations in East Java Province. From the normative aspect, how is the process of establishing a Regional Regulation in East Java Province, and whether its formation is in accordance with the orderly basis of the formation of the Laws and Regulations. This study is a normative juridical study using a statute approach and conceptual approach. The results of the study state that the Establishment of Regional Regulations in the Provinces in East Java is in accordance with the basic order of the establishment of Legislation. There are stages in the formation of the Regional Regulation, which refers to the East Java Provincial Regulation No. 1 of 2015 concerning the Establishment of Regional Legal Products. The stages of establishing a Regional Regulation include: Planning, drafting, discussion, final alignment, stipulation or ratification, enactment, clarification and evaluation; and dissemination.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 993-1011; https://doi.org/10.24123/argu.v6i1.1850
Implementation of payment of Motor Vehicle Tax through E-Samsat in East Java the Taxpayer as subject of tax requires legal certainty in case of errors in the tax collection. This is related to the validity of the payment of Motor Vehicle Tax through E-Samsat in East Java and its legal protection. Legal protection for the taxpayer includes protection of preventive law and repressive law protection.
Jurnal Magister Hukum ARGUMENTUM, Volume 6, pp 1012-1034; https://doi.org/10.24123/argu.v6i1.1851
One measure of the welfare of the Indonesian people depends on the quality of food and food supply for the community. This is indirectly related to the rights that consumers have. Consumer rights recognized by producers will make producers more careful about producing their goods and or services. But the fact is not all consumers understand their rights. Therefore producers tend to use this situation as land to gain more profits. When consumers get a loss for goods and or services produced by producers, consumers are indirectly forced to accept losses made by producers. On this basis, this study outlines the responsibility of producers for consumers who are harmed. This study focuses on the responsibility of food producers on food products produced, if the goods and or services produced harm consumers. Therefore, it is related to food products to quality standards and food quality. This study uses a normative juridical type, where the processing of legal materials is carried out in literature. The results obtained from this study are that the producers of the brains in sukabumi, Rika, are proven to produce their brains with hazardous materials, after the police found the basic ingredients of rotten fish, dangerous additives namely borax, and ready-made dough to be marketed to the surrounding market. The use of this material is not in accordance with statutory provisions.