JURNAL ILMIAH LIVING LAW

Journal Information
ISSN / EISSN : 2085-8078 / 2550-1208
Published by: Universitas Djuanda (10.30997)
Total articles ≅ 70
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Resta Safira, Margo Hadi Pura
Published: 31 January 2022
JURNAL ILMIAH LIVING LAW, Volume 14, pp 32-41; https://doi.org/10.30997/jill.v14i1.4564

Abstract:
In Indonesia, it seems that not every legal protection policy for displaced children applied so far is based on a deep understanding of the problem. The policy of legal protection of displaced children applied so far tends to be patchy only, if not to be said contradictions. This is because the law that is supposed to protect the basic rights of displaced children is actually struggling with its own problems this social problem that plagues the city of Karawang is becoming a duty and responsibility to displaced children This research method is used normative juridical that focuses on the facts in a society and the main data obtained through observation and interview and by conducting a decscriptive approach of legal interpretation, namely the study of libraries or documents while in addition to juridical has been regulated in its implementation there are still obstacles or obstacles and some steps taken by the district government of Karawang, namely Din as Social is an important key to solving this problems.
Debbi Puspito, Martin Roestamy, Edy Santoso
Published: 31 January 2022
JURNAL ILMIAH LIVING LAW, Volume 14, pp 11-23; https://doi.org/10.30997/jill.v14i1.5303

Abstract:
The purposes of this study are 1) to find out and analyze the forms of violations committed by fintech lending debtors online during the Covid-19 pandemic; 2) to find out and analyze the legal protection model for creditors in these services during the Covid-19 pandemic. The research method used is normative juridical analysis with a descriptive analysis approach. The results of this study are: 1). There are 3 types of violations encountered during the loan service research, namely default in the form of default by the debtor at the time of repaying the loan for several reasons, including not having a fixed income while the debtor needs funds for his daily needs. Another problem is the existence of bad faith from third parties (sales), committing fraud violations with fictitious debtor data and deliberately failing to pay 2). Legal protection models that can be applied include: Financial protection in the form of insurance for creditors; Guarantee Protection in the form of intangible assets in the form of a National Identity Number; Agreement protection, namely strengthening the position of creditors in the contents of the agreement: and protection of strict sanctions contained in the legislation.
Miftahul Jannah
Published: 31 January 2022
JURNAL ILMIAH LIVING LAW, Volume 14, pp 75-86; https://doi.org/10.30997/jill.v14i1.4944

Abstract:
Protection of children is carried out as an effort to present the next generations of the nation and realize the ideals of the nation in the future, efforts are made as part of the form of coaching in realizing the goals of the diatan. The development program for correctional students at the Maros Class II Special Child Development Institute has not been effective because there are still shortcomings, namely the absence of a legal awareness program and the provision of formal education which affects the non-fulfillment of the rights of correctional students, moreover there are still adult prisoners who should be separated from children. Then the classification is also not applied so that it affects the effectiveness of the coaching program for correctional students at the Maros Class II Children's Special Guidance Institute. The role of the officers of the Child Special Guidance Institution should have been confirmed in the laws and regulations and the officers should have carried it out. The actual role of the Children's Special Guidance Institute officers based on research is still not optimal due to the lack of quality and human resources. Then regarding the completeness of facilities and infrastructure, there are still many that have not been fulfilled, thus hampering the realization of an effective coaching program.
I Ketut Astawa, Daud Munasto
Published: 31 January 2022
JURNAL ILMIAH LIVING LAW, Volume 14, pp 1-10; https://doi.org/10.30997/jill.v14i1.5302

Abstract:
There have been a number of terrorist incidents in Indonesia that have led to extrajudicial killings in several cases by the police. Extrajudicial killing is an act that is carried out on the basis of the discretion of certain authorities to carry out acts of murder against perpetrators suspected of committing crimes of terrorism. Criminal acts of terrorism are regulated in Law Number 2 of 2002 concerning Eradication of Criminal Acts of Terrorism, the meaning of terrorism is a deliberate attack on public order so as to cause fear to the wider community. In criminal procedural law there is the principle of presumption of innocence, which means that a person is considered innocent before a judge's decision has permanent legal force. Because everyone also has human rights that must be protected by anyone, especially the police as law enforcers. This writing uses a normative juridical method, namely the study of legal principles, legal systematics, and legal comparisons. In addition, it discusses the doctrines in the science of law, and this writing has a descriptive-analytical philosophy that describes in detail, systematically, and thoroughly.
Anna Khoirunisya, Efridani Lubis, Achmad Jaka Santos Adiwijaya
Published: 31 January 2022
JURNAL ILMIAH LIVING LAW, Volume 14, pp 42-49; https://doi.org/10.30997/jill.v14i1.5304

Abstract:
The aims of this study are: 1) To compare the results between district court decisions and industrial relations comparisons in disputes regarding the dismissal of company directors in the perspective of legal certainty, and 2) proposals issued for the settlement of the dispute. The method used in this research is a normative juridical approach or library research. The results of this study found that the dismissal of directors that occurred was purely a civil dispute whose authority was in the district court so that there was an error from the district court judge in applying the normative provisions of the limited liability company law and labor law related to the position of company directors. The Board of Directors is a company organ appointed by the GMS and is authorized and fully responsible for managing the company. The legal relationship between the board of directors and the shareholders is a fiduciary duties and the provision of a mandate (legal mandatory), not a working relationship between workers and employers. So the dispute on the dismissal of the company's directors is an ordinary civil dispute that must be resolved in the District Court
Muhamad Tanto Mulyana, Hana Faridah
Published: 31 January 2022
JURNAL ILMIAH LIVING LAW, Volume 14, pp 50-58; https://doi.org/10.30997/jill.v14i1.5233

Abstract:
The rapid global economic growth that refers to the era of modernization will have a major impact on companies that affect sectors of human life. In carrying out their business activities, companies often carry out deviant activities that have an impact on all aspects of life and the environment. Seeing the Karawang Regency area being a fast industrial city, and the way the company's waste is managed is quite an important factor for various types of hazardous and toxic waste. Because the quality standards in accordance with the recommendations are not supposed to be dumped directly into the river and become a source of pollution and environmental destruction. The research method used is normative juridical which focuses on the facts that exist in a society. The main data obtained by means of observation and interviews to take a descriptive approach to legal interpretation, namely literature or document studies. In the role supervision of the Department of Environment and Hygiene in Karawang Regency regarding the action of an environmental pollution incident that occurred in the Karawang area without a permit, analysis of environmental impacts and accountability efforts carried out by PT. X for the overflow of the liquid waste, as a form of recovery from the impact of environmental pollution in the Cibeet River and its surroundings
Mangaraja Manurung
Published: 31 January 2022
JURNAL ILMIAH LIVING LAW, Volume 14, pp 24-31; https://doi.org/10.30997/jill.v14i1.4901

Abstract:
In the employment relationship there are workers/labor rights, commonly referred to as normative rights. Where it turns out that the practice is not fully implemented by the entrepreneur, many entrepreneurs actually carry out the normative rights of workers/laborers, which are still far below the applicable provisions, so that in the end it creates conflict. This research was carried out by looking at the truth in the field and by taking into account the provisions of the applicable norms which were then confirmed by the Asahan Regency employment agency. Disputes over the rights of workers/laborers that often occur are regarding the lack of wages which are carried out in conjunction with demands for payment of severance pay as a result of termination of employment. The settlement process still faces many obstacles.
M. Khaerul, Amir Ilyas, Audyna Mayasari Muin
Published: 31 January 2022
JURNAL ILMIAH LIVING LAW, Volume 14, pp 59-74; https://doi.org/10.30997/jill.v14i1.5305

Abstract:
In the proof system for falsifying documents in election crimes, of course, it requires a good process in terms of applying sanctions for violators if they are proven to have committed an election crime, seen from material and formal legal facts and supported by evidence submitted starting from the investigation process, investigation to the court so that the trial process can determine whether the defendant is guilty or not, based on the evidence presented. As well as the application of sanctions regulated in the law, both specifically and generally. The proof system for falsification of documents in election crimes in Indonesia refers to Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHP), and is also based on evidence presented at trial. 2) The legal implications of the document falsification system in electoral crimes in Indonesia in terms of formal and material legal regulations in Law Number 7 of 2017 concerning General Elections, and the administration of elections as well as law enforcement officers in election crimes
Published: 23 April 2021
JURNAL ILMIAH LIVING LAW, Volume 13, pp 57-62; https://doi.org/10.30997/jill.v13i1.4205

Abstract:
The aim of the reasearch are: 1) To know and to analyze the law system in making notarial deeds generally related to digital era. 2) To know and to analyze the development model of notarial deed authentification in its signing stage in the digital era. The methodology applied in the research is juridical normative approach whereby objectively explaining particular data followed by an analysis based on legal theory and related statutes of research objects. The result of the research were: 1) The making certificates digitally, only can be used in a newsworthy event of a meeting in a company deed. 2) In making general notarial deeds we still have to deal with a notary directly which is based on Notarial Law. 3)The development model of notarial deed in its signing stage in the digital era hasn’t had a compatibility between the Law of Notary Position and Electronic and Information Transaction Law; which resulted in inhabiting of notary’s authority. The recent regulations have not fulfiled people’s need. Due to there is no legal certainty, one day, there will be a problem that can not be anticipated.Keywords : Authentification; Notarial Deed; Online System.
Endeh Suhartini
Published: 23 April 2021
JURNAL ILMIAH LIVING LAW, Volume 13, pp 20-34; https://doi.org/10.30997/jill.v13i1.4200

Abstract:
The purpose of this study are: 1) To find out and analyze the existence of outsourcing companies in contract system workers. To find out and analyze the granting of rights for workers related to the contract system based on Law No. 13 of 2003 concerning Labor. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data as primary data. The results of this study are: 1) The existence of outsourcing companies in contra system workers, in terms of employment relations between workers and outsourcing companies is based on a Specific Time Work Agreement, then the work agreement must require the transfer of the protection of the rights of workers whose objects of work remain, even though there is a change of companies that carry out part of the work of other companies or companies providing workers' services. 2) The granting of rights for workers related to the contract system based on Law Number 13 of 2003, there are still outsourced workers who are not registered with Jamsostek, so the legal protection of health and safety for outsourced workers is not implemented.Keywords : Labor Law; Outsourcing Company; Work Agreement.
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