JURNAL ILMIAH LIVING LAW
ISSN / EISSN : 20858078 / 25501208
Current Publisher: Universitas Djuanda (10.30997)
Total articles ≅ 26
Latest articles in this journal
JURNAL ILMIAH LIVING LAW, Volume 11, pp 116-130; doi:10.30997/jill.v11i2.2112
Abstract:The purpose of this research is to know and analyze the implementation and solution in monopoly practice and unfair business competition at government bank in giving facility for housing subsidy. This research uses descriptive and analytical approach, which supported by library research in order to specify this research purpose to give description about monopolistic practice in banking business in Indonesia. The results indicate that in fact, the practice of monopoly restrictions and fraudulent business competition has not run optimally and there is a fundamental weakness in it Law No. 5/1999 that mainly related to the status of implementing agencies of this law, obstacles and barriers that exist in the practical situation is the lack in implementing Law no .5 / 1999 even assessed the existence of conspiracy among banks and businessmen or other banks. Therefore there needs to be more assertive and more organized controls related to the practice of monopoly prohibition and fraudulent business competition.
JURNAL ILMIAH LIVING LAW, Volume 11, pp 81-95; doi:10.30997/jill.v11i2.2101
Abstract:Compensation in Article 77 KUHAP is regulated further PP No. 27 of 1983 has been amended PP No. 92 of 2015. Amount of compensation in PP No. 92 of 2015 has increased, however, the impression of injustice cannot be eliminated considering that in various instances the amount of compensation is not in accordance with the magnitude of the loss that actually occurred by the victim. The problem is policy of revised PP 92 of 2015 on components and the amount of compensation ideally. The purpose of this study is to find out and analyze the policy of revised PP 92 of 2015. This study used normative and sociological methods with qualitative approaches. This study used secondary and primary data. The results of the study: 1. The component of compensation: Returns to its original state; To bear the costs incurred to restore to its original state, in the form of serious injuries and minor injuries; Providing certain compensation in the event that it cannot be returned to its original state; Provide compensation for the loss of opportunity that should be obtained. 2. The amount of compensation is adjusted to the components. Recommended that the judge determine the amount of the loss, so the victim does not need to file a claim for compensation.
JURNAL ILMIAH LIVING LAW, Volume 11; doi:10.30997/jill.v11i2.2110
Abstract:This study aims: 1) To find out and analyze the development of fiduciary models for safekeeping of goods from PT. Pegadaian to the debtor, 2) To find out and analyze the execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults. The research method used in this study is a normative juridical study that uses a qualitative approach. The results of this study are: 1) Development of the fiduciary model for safekeeping of goods from the PT. Pegadaian to the debtor, namely the Fiduciary Installment Credit System (KREASI), where the credit facility is subject to the provisions applicable to fiduciary law. Debtors who need funds do not hand over objects used as collateral to PT. Pegadaian as a creditor. 2) Execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults, in the execution of fiduciary guarantees at PT. Pegadaian there are differences of opinion between PT. Pegadaian with the State Receivables and Auction Service Office (KP2LN). PT. Pegadaian states that the execution of fiduciary guarantees is carried out on its own with reference to the Basic Rules of PT. Pegadaian. Whereas KP2LN believes that the one authorized to carry out fiduciary guarantees is KP2LN with reference to the Fiduciary Law. In this case the author agrees with KP2LN because the legal basis of the Fiduciary Law is stronger than the Basic Rules of PT. Pegadaian.
JURNAL ILMIAH LIVING LAW, Volume 11, pp 96-105; doi:10.30997/jill.v11i2.2099
Abstract:Law Number 7 of 2004 on Water Resources was officially revoked by the Constitutional Court because it contradicted Article 33 of the 1945 Constitution. The revocation is also applied to all implementing regulations thereunder resulting in a legal vacuum. To fill the legal void and to wait for the new Water Resources Law, the Constitutional Court decided to re-enact Law no. 11 Year 1974 on Watering. With the revocation of the Water Resources Act, it restores the community's rights to clean water privatization by the private sectors. But, the impact for the government is that the control over the water is controlled by the state again. For drinking water business, the revocation of the Water Resources Law causes legal uncertainty resulting from the withdrawal of all implementing regulations so that there is no law available. The research method used is normative method, by collecting data of primary, secondary and tertiary law. What should be done by the government is to immediately draft a new Water Resources Act in accordance with the mandate of Article 33 of the 1945 Constitution, and the participation of private parties should be regulated but still limited and it is the State that manages the water resources.
JURNAL ILMIAH LIVING LAW, Volume 11, pp 131-139; doi:10.30997/jill.v11i2.2102
Abstract:Law Number 39 of 1999 concerning Human Rights regulates the obligations of the State in protecting each of its citizens, including the respect, protection and fulfillment of the rights of persons with disabilities. Persons with disabilities should get the same opportunity in developing themselves through independence as human beings with dignity. Based on the foregoing it is very important to conduct research on persons with disabilities to find out the objective conditions of persons with disabilities in Cianjur district and to find out policies and programs for social protection activities for persons with disabilities. The research method used is normative juridical with descriptive analytical research specifications. The results showed that the condition of persons with disabilities in Cianjur Regency was caused due to birth or illness with various disabilities spread in several districts and social protection for persons with disabilities in Cianjur regency carried out in the form of providing various facilities and social security in stages. The conclusion of this study is the data of persons with disabilities in Cianjur Regency already included including social protection provided by the government. For this reason, it is expected that various facilities and social security will be improved and local regulations made
JURNAL ILMIAH LIVING LAW, Volume 11, pp 152-159; doi:10.30997/jill.v11i2.2109
Abstract:The high tourism visit is a potential that can be utilized to encourage local economic progress, this can be done on condition that the increase in tourism visits must be followed by an increase in the ability of the government and local communities to be able to synergize the tourism potential and the local economy because if not, an increase in tourism visits only adds benefits for tourism business activists who are not local residents so that local residents receive more negative impacts than positive impacts from increased tourism visits. This must be addressed, one of which is the synergy of the tourism potential management program with the local economic program in the local government.
JURNAL ILMIAH LIVING LAW, Volume 11, pp 106-115; doi:10.30997/jill.v11i2.2098
Abstract:Inheritance law in a Civil Code is one part of a civil law that has basic nature of regulating something and there’s no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir’s still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will. To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that’s used to protect an inheritance from the actions of an heir who can make a will which deviates from an absolute part (legitime portie). An absolute part (legitime portie) is protected by a law, this is because in an absolute part (legitime portie) there’s a right that can be used to make a claim to the court in order to obtain a part of its rights an inheritance that’s and has been regulated in a will.
JURNAL ILMIAH LIVING LAW, Volume 11, pp 140-151; doi:10.30997/jill.v11i2.2100
Abstract:The Elections (Elections) in Indonesia is a process of democratization to elect national leaders and people's representatives who are elected directly by the people. The process of organizing the General Election is carried out through the stages stipulated in the Election Commission Regulation. One of the stages that must be passed in the holding of elections is the implementation of campaigns that are part of the political education of the community. In the implementation of an election campaign, election participants can form a campaign team that is responsible for the technical implementation of the campaign. Election administrative violations often occur in the stages of the campaign carried out by election participants which can consequently be detrimental to the election organizers and fellow election participants. Every settlement of election administrative violations can be decided by the Election Supervisory Body (Bawaslu) no later than 7 (seven) working days after the findings and reports are received and registered and then recommended to the KPU for further action. In reality on the ground, there are still many cases of election administrative violations that cannot be resolved due to several obstacles faced, namely the difficulty of finding the reporting party and the limited time in the process of filing reports and findings
JURNAL ILMIAH LIVING LAW, Volume 11, pp 50-60; doi:10.30997/jill.v11i1.1638
Abstract:The implementation of social and environmental responsibility or commonly called Corporate Social Responsibility (CSR) is a function of the company in realizing social responsibility towards the environment and related parties in order to create a healthy and prosperous society. The method in this study is the Normative Juridical Approach, namely law is conceptualized as norms, rules, principles or dogmas. Juridical Sociological Approach (Empirical), namely law as a symptom of society as a social institution or patterned behavior, this approach is known as empirical legal research or sociological legal research. Social and environmental responsibility even though it is not mandatory normatively in legislation but from the moral aspect of CSR this is a manifestation of social ethics and concern for a company towards the environment and society.
JURNAL ILMIAH LIVING LAW, Volume 11, pp 61-80; doi:10.30997/jill.v11i1.1639
Abstract:The purpose of this study are: 1) To find out and analyze the process of applying rehabilitation to victims of narcotics abuse, 2) To find out and analyze the implementation of assessments of rehabilitation of victims of narcotics abuse in terms of legislation. The research method used is normative juridical research that takes a qualitative approach. The results are: 1) The process of implementing rehabilitation for addicts and victims of narcotics abuse by the Bogor Regency Narcotics Rehabilitation Center is in accordance with the laws and regulations. However, it does not rule out the shortcomings that always exist in carrying out these rules, 2) The implementation of assessments of narcotics abuse victims in the Indonesian National Police is the same as those carried out by the National Narcotics Agency, namely if victims of narcotics report without arrest, the police will direct / recommend directly to the Obligatory Recipient Institution Report (IPWL) and if the victims of narcotics abusers are caught by the Police then the process, receipt of assessment requests from investigators in 24 (twenty-four) hours, and the integrated assessment team provides recommendations on the results of the period of assessment no later than 6 (six) days to the investigator to be reported in writing to the local district court.