Jurnal Panorama Hukum
ISSN / EISSN : 25281992 / 25276654
Current Publisher: University of Kanjuruhan Malang (10.21067)
Total articles ≅ 23
Latest articles in this journal
Jurnal Panorama Hukum, Volume 3, pp 73-86; doi:10.21067/jph.v3i1.2434
Abstract:Child is a part of which do not be locked out of man viability and continuity of one nation and state, in Indonesian constitution explicit being declared that country secures each child be entitled to viability, grow up and amends and be entitled to protection of violence and discrimination. The best interest of the child have precedence over, as affirmed in Convention on the Rights of the Child, Declaration of United Nation concerning on the Rights of the Child year 1959 and in The Beijing Rules ratified through Decision of President Number 36 Year 1990 About Authentication of Convention on the Rights of the Child. Thereby, hence child conducting an injustice do not be viewed as a criminal, but have to be seen as one who need aid, affection and congeniality and also imposition of criminal law sanction to child as perpetrator of doing an injustice shall be more major approach of psychological and persuasive-educative approach. Penalization system for a child have set clear in Code Number 11 Year 2012 about Code of Child Criminal Justice System or known as UUSPPA, One of the alternative in handling child case by using diversion concept and restorative justice. Restorative justice is an approaching that emphasizes on recover loss that evoked by crime where all party in concerned in a certain doing an injustice together solve problem, creating an obligation to make everything become better by entangling child as perpetrator of doing an injustice, victim child, and society in searching solution to improve, reconciliation and liver which is do not pursuant to retaliation. But it turns out in practice, diversion concept and restorative justice not always can be applied to the case as writer have been wrote in this research. Based on the results of research can be concluded that every child of a criminal act must have a caused and harmony in the family shape the personality and character of the child.
Jurnal Panorama Hukum, Volume 3, pp 47-58; doi:10.21067/jph.v3i1.2440
Abstract:The studies of Euthanasia is interesting to be discuss, how about the law regulation in Indonesia, specially the concept of Pasif Euthanasia connecting with stopping medical act based on Informed Consent from patient or their family which done by the doctor and law effect for the doctor. This study is a normatif research with statute approach and conceptual approach. In this thesis, the writer focussing her study in stopping medical act which can be classified as Euthanasia is stopping the medicines, medical treatment and ignoring the patient. The purpose of this thesis is to research in dept that informed consent from patient or their family is use to prevent the doctor from the law impact cause by the stopping Medical Act. The role of doctor is very important in giving suggestion, solution and try to give the emphaty to the patient before they decided to stop the Medical Act to themselves. Hopefully this thesis can give a new paradigma and beneficial enough to the reader.
Jurnal Panorama Hukum, Volume 3, pp 59-72; doi:10.21067/jph.v3i1.2432
Abstract:Today the growth of the business world is growing so rapidly, it is also supported to expand the business which is more varied, including through franchise (Franchise). Which of these principles for some entrepreneurs is considered more effective, effective and profitable in the development of a business. In Indonesia, the regulation of franchises is based on agreements made by the parties on the basis of the applicable law, in this case the Government Regulation and the Minister of Trade Regulation. Franchise is a form of business that gets a lot of attention from business people, because it can be one way to increase economic activity and give opportunity to weak economic class to try, this means, Franchise can provide job opportunity, equality and also create field work for the community. In addition, the profits of this business are low cost and the materials already provided are also not too take place so vast, franchise recipients no longer need to bother developing their business by building a good and famous image. It is enough to ride on the famous fame of the franchisor, so franchisees who are generally small entrepreneurs will enjoy the success and luck of large-scale companies without having to carry out their own research and development, marketing and promotion that usually requires enormous expenses that the small businessman is unlikely to bear.
Jurnal Panorama Hukum, Volume 3, pp 1-18; doi:10.21067/jph.v3i1.2443
Abstract:As a backbone of the traditional economy before the nation of Indonesia's independence is the economic system Lumbung Desa and Village Bank, the growth of the economic system that is since the Dutch Indies heritage. With the development of the era, Village Lumbung and Village Bank merged into one that is in the form of Village Credit Agency (BKD) which is under supervision by OJK. This can reflect that the existence of BKD which is Lumbung Desa and Bank Desa still needed by society, especially society in Rural. But the practice is internal BKD problems, one of them is the problem of assets, assets BKD is one important element in the implementation of Savings and Loans operations as well as wealth. Assets or goods are economic potentials owned by BKD. Economic potential means financial and economic benefits that can be obtained in the future, which can support the role and function of BKD as a provider of public services to the public. Asset problems in addition to melting into one with the Village, many found in some areas that assets owned by BKD has changed hands to individuals. This is because, BKD paradigm belongs to the Village and Village Assets are the assets of the Village. The disbursement of these assets is complicated by the emergence Law No. 6 of 2014 on Villages and Regulations of the Minister of Home Affairs No. 1 of 2016 on Village Asset Management.
Jurnal Panorama Hukum, Volume 3, pp 87-104; doi:10.21067/jph.v3i1.2359
Abstract:General election is an important means for the state to ensure the implementation of a government that obtains the legitimacy of the people. In addition, the general election also aims to uphold democracy within sovereign states and ensure the implementation of the human rights of the citizens. Likewise in Indonesia, which periodically conducts general elections every 5 (five) years. General elections in Indonesia have undergone a shift from closed mechanical systems to open mechanical systems since 2004. This is influenced by the reforms that uphold the democracy and sovereignity, as well as respect for the political rights of citizens. The open mechanical system has variations since its use in 2004 to date, especially concerning the valid vote in the election. Therefore, this research will focus on analysing democracy that is being implemented in the election through open mechanical system, and various variations in open mechanical mechanical system in Indonesia. This research will be conducted by using normative research method by using primary legal materials in the form of laws governing the election, as well as secondary legal materials from various literature and scientific articles related to the problems discussed in the research. The results will be presented iin the form of problem description with analysis of the variety of open mechanical systems practiced in Indonesia. This study portrays the elections that are carried out honestly has manifested democracy and sovereignty of the people in the country. Furthermore there are various weaknesses of democratic interpretation in the variation of the implementation of open mechanical systems in elections in Indonesia.
Jurnal Panorama Hukum, Volume 3, pp 19-32; doi:10.21067/jph.v3i1.2321
Abstract:The problem of narcotics abuse and illicit trafficking in Indonesia shows an increasing trend, already very alarming and endangering the lives of people, society and nations. It is necessary to prevent and eradicate the abuse and illicit trafficking of narcotics in Indonesia, which includes a comprehensive multi-dimensional synergistic effort, to achieve maximum results. This effort is carried out gradually, consistently and continuously until it reaches the condition of Indonesia which is free from abuse and illicit narcotics trafficking even though still found a challenge and many obstacles related law enforcement Indonesia. Some cases illustrate the difficulty of law enforcers / practitioner looking for ways to make laws appear in line with community norms. This is addressed by the Supreme Court as a judicial body by issuing legal products in the form of Circular Letter of the Supreme Court (SEMA) Number 3 - Year 2015, with the aim of filling a legal void. However, this step leads to confusion and legal uncertainty because the contents of the SEMA are contrary to Law No. 35 of 2009 about Narcotics.
Jurnal Panorama Hukum, Volume 3, pp 33-46; doi:10.21067/jph.v3i1.2342
Abstract:Prison overcapacity is caused by substance abuse of function. This condition stimulates lack of rights of pleasantness for inmates in the prison. Being inmates do not terminate that their rights and dignity as human. In other words as inmates they also deserve to be treated as human being. The present study aims to elaborate further about government liability in fulfilling the rights of inmates as human being in related to prison over capacity. Moreover, the present study also tries to examine liability concerning substance infringement of function conducted by wardens. The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches. The present study concludes that government responsible to overcome prison over capacity in order to provide coupled with protect the rights of inmates concerning their pleasantness in the prison. The occurrence of substance infringement conducted by wardens, government holds liability for this issue in which the government can be charged administrative penalty according to the regulations. Keywords: Over capacity, Liability, Inmates
Jurnal Panorama Hukum, Volume 3, pp 105-124; doi:10.21067/jph.v3i1.2344
Abstract:Notaris Pengganti dalam pelaksanaan tugas jabatannya memiliki tanggung jawab yang sama dengan Notaris. Adanya tanggung jawab yang sama tersebut membuat Notaris Pengganti juga membutuhkan suatu perlindungan hukum dalam pelaksanaan tugas jabatannya sebagaimana perlindungan hukum tersebut diberikan kepada Notaris dalam Pasal 66 Undang-Undang Jabatan Notaris (UUJN). Penulis dalam penelitian ini ingin menelaah dan menganalisa lebih lanjut apakah ketentuan Pasal 66 UUJN berlaku terhadap Notaris Pengganti dan bentuk perlindungan hukum terhadap Notaris Pengganti. Metode penelitian yang digunakan adalah penelitian hukum normatif, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau bahan hukum sekunder sedangkan pendekatan masalah dilakukan dengan menggunakan pendekatan undang-undang dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa ketentuan dalam Pasal 66 UUJN hanya memberikan perlindungan hukum bagi Notaris saja tetapi tidak termasuk didalamnya Notaris Pengganti. Perlindungan Hukum bagi Notaris Pengganti berkaitan dengan pemanggilan dalam kepentingan peradilan masih mengikuti ketentuan yang bersifat umum yaitu melalui kewajiban ingkar dan hak ingkar.
Jurnal Panorama Hukum, Volume 2; doi:10.21067/jph.v2i2.2077
Abstract:Regional autonomy is the transfer of authority from the central government to local governments in the context of the implementation of government affairs in the region. This also applies to the delegation of authority from the central government to regional governments to administer government affairs in their autonomous regions based on the principle of decentralization and co-administration, as well as the authority in the formulation of regional regulations by the regional government together with the Regional People's Legislative Assembly Regional. Starting from the planning stage, the discussion until validation and enactment must be based on applicable laws and regulations. In addition, the regional regulations should also be coordinated by the regional government to the central government, either the Provincial Government as a representative of the central government in the region or with the central government in this case the Ministry of Home Affairs in order to harmonize with higher laws and regulations equivalent to goals and able to support each other. If in the coordination related to the establishment of the regional regulation is contrary to the principle of legislative formation, the central government has the authority to cancel the regional regulations in accordance with the prevailing laws and regulations.
Jurnal Panorama Hukum, Volume 2; doi:10.21067/jph.v2i2.2076
Abstract:The issuance of licences and nonmetallic minerals and rocks is a form of implementation of the Division of authority between the Government, the Government of the province that is contained in the provisions of article 37 (a) Law No. 4 of the year 2009 Mineral and coal mining.The issuance of licences and nonmetallic minerals and rocks by the Governor also pointed out the existence of a connection between a Government with its citizens in the context of the public service. Before discharge Act No. 4 of the year 2009 about Mineral and Coal Mining permissions settings using the coal law number 11 Year 1967 concerning the provisions of principal mining and also use Regulations The Government's number 32 year 1969 about the Regulations Implementing the provisions of principal mining. The basis of the authority of the provincial government in the coal-mining permit issuance can be outlined as follows: after discharge of Act No. 4 of the year 2009 about Mineral and coal mining permits against providing minerals and coal in the District/City, however, since the publication of the Act No. 23-year 2014 about local governance 2 October 2014 the entire mining activities move from District/City Government to the provincial governments except Coal mining concessions of the Works agreement (PKP2B), Foreign Investment (PMA) and the permissions that are bordered in two or more provinces.