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Contact Name
Hezron Sabar Rotua Tinambunan
Contact Email
jurnalsuarahukum@unesa.ac.id
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+6285726365956
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jurnalsuarahukum@unesa.ac.id
Editorial Address
Jl. Ketintang Gedung K1.02.04, Ketintang, Gayungan, Kota SBY, Jawa Timur 60231
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INDONESIA
Jurnal Suara Hukum
ISSN : 2656534X     EISSN : 26565358     DOI : 10.26740
Core Subject : Social,
Jurnal Suara Hukum memiliki standar untuk perilaku etis yang diharapkan oleh semua pihak yang terlibat dalam tindakan penerbitan: penulis, editor jurnal, peer reviewer dan penerbit. Jurnal Suara Hukum adalah jurnal peer-review, diterbitkan dua kali setahun di bulan Maret dan September oleh Departemen Hukum, Universitas Negeri Surabaya. Jurnal suara hukum telah memiliki akun Google scholar dengan tautan https://scholar.google.com/citations?hl=en&authuser=1&user=clJJoeIAAAAJ Jurnal Suara Hukum saat ini berstatus belum terakreditasi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
Government’s Legal Responsibility Upon Entrepreneur’s Economic Loss Caused by the Failure in Implementing the Legislation Regarding Business Licensing and Registration S, Sujana Donandi
Jurnal Suara Hukum Vol 1, No 2 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n2.p186-198

Abstract

The Regulation of Minister of Trade No. 14 Year 2016 (Permendag 14/2016) Regarding Trading Business License (SIUP) and Company Registration ID (TDP) states that SIUP and TDP should be issued no longer than 2 working days. However, This regulation failed to be implemented by Regional Government of Kabupaten Bekasi when PT. EIM managed their SIUP and TDP in five working days. It caused economic losses for PT. EIM because they need the documents as a requirement to earn training project worthed Rp. 50.000.000. This research tried to examine the government’s responsibility upon entrepreneur’s economic loss caused by the failure in implementing the legislation regarding Business Licensing and Registration. The methodology used in this research is Normative-Empirical Legal Research. Normative-Empirical Legal Research is a research which the object including the legislation (in abstracto) and its implementation at the concrete situation. The Result showed that the economic loss gained by PT. EIM is the responsibility of Regional Government of Kabupaten Bekasi since their failure to issue SIUP and TDP on time is a tort. As result, every party committed to tort have to pay compensation. Form of the compensation consists of material and immaterial compensation. To apply the compensation, PT. EIM could follow the non-litigation and litigation procedures. 
Kedudukan Legal Opinion sebagai Sumber Hukum Priyono, Ery Agus; Benuf, Kornelius
Jurnal Suara Hukum Vol 2, No 1 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n1.p54-70

Abstract

Law is a means to achieve the order and welfare of the community. One of the sources of law is doctrine. The doctrine is essentially the opinion of a legal expert on a real legal issue. When discussing legal opinions, the term legal opinion is also known. Doctrine and Legal Opinion are mostly the same, namely the legal opinion of a legal expert on a real legal problem. If we agree that Doctrine and Legal Opinion are the same way in much of the literature that is mentioned as a source of law is the only doctrine, whereas where is legal opinion placed in the formation of a law? This paper will explain the position of Legal opinion as a source of law.
Optimalisasi Pengawasan pada Penerimaan Pendaftaran Merek dalam Rangka Perlindungan Merek Hediati, Febri Noor
Jurnal Suara Hukum Vol 2, No 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p234-257

Abstract

The writing of this law examines the supervision of the Directorate General of Intellectual Property of the Ministry of Law and Human Rights in the process of receiving trademark registration which is still weak. So that until now there are still identical or counterfeit brands that have passed trademark registration in Indonesia. This paper uses a normative juridical research method that is descriptive-analytical. The result of this research is that there are still gaps that can be exploited by individuals in the process of trademark registration, especially in the process of announcing the official brand news. This paper concludes the need for tighter supervision by utilizing information technology, therefore creating a smartphone application is useful for the trademark registration process and as a medium of communication. The application can also provide notifications when brands validity period ends.
Penyelesaian Kerugian pada Pendapatan Negara melalui Pengungkapan Ketidakbenaran (Suatu Kajian Hukum Doktrinal dalam Sistem Perpajakan) Arifki, Nindi Achid
Jurnal Suara Hukum Vol 1, No 1 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n1.p91-104

Abstract

Losses on state revenues are clauses that are explicitly stated in general provisions and taxation procedures. at the praxis level, arrangements relating to the content and limitation of loss clauses on state revenues cannot be found and expressly stated in the construction of tax law or in the realm of state financial law construction. Using the method of doctrinal legal research and by utilizing secondary data and the hermeneutic approach, this paper aims to examine the discourse of settlement of losses in state revenues through disclosure of untruthfulness in juridical construction of state financial law and regulations in the field of taxation. The conclusion obtained is that there are no strict norms that regulate the content and limits of loss clauses on state revenues, so that the discourse of settlement of losses on state revenues through disclosure of untruth can be legitimate and possible.
Pemenuhan Hak Konsumen melalui Perlindungan Hak Merek Wibisono, Dias Bintang; Christanto, Mozes Reynaldo
Jurnal Suara Hukum Vol 2, No 1 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n1.p33-53

Abstract

If we studied deeper, fulfillment of consumer rights especially, The right to comfort, security, and safety in consuming goods and or services; The right to choose goods and or services and to obtain goods and or services in accordance with the exchange rate and conditions and guarantees promised; The right to true, clear and honest information about the condition and guarantee of goods and services has a relationship with the trademarks protection. Trademark protection  has been understood to be limited to the protection of trademark owners and there is no relationship between trademark and consumers. Though some of the rights received by consumers can actually be associated with the existence of a trademark protection.
Analisis Pemberian Wasiat Wajibah terhadap Ahli Waris Beda Agama Pasca Putusan Mahkamah Agung Nomor 331 K/Ag/2018 Raharjo, Alip Pamungkas; Dwi Putri, Elok Fauzia
Jurnal Suara Hukum Vol 1, No 2 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n2.p172-185

Abstract

In Article 171 letter (c) Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning Compilation of Islamic Law affirms that the rights of non muslim heirs to the inheritance of Islamic heirs do not obtain inheritance from the inheritor's inheritance. However, in its development because it felt unfair, the Supreme Court through The Supreme Court Decision Number 368.K / AG / 1995 provided a way for joint cooperation of different inheritance through a wasiat wajibah. But in its development, this provision was changed again by a landmark decision from the Supreme Court, namely through the Decision of the Supreme Court Number 331 K / AG / 2018 because there was a change in the value of justice in the community. The research method used normative research with constitutional approach, conceptual approach and case approach. This study aims to explain the rights of non muslim heirs to the inheritance of Islamic heirs before and after the Decision of the Supreme Court Number 331 K / AG / 2018. The results showed that prior to the Supreme Court Decision Number 331 K / AG / 2018, heirs of non muslim religions were given a share of inheritance in the form of a wasiat wajibah for ¾ of the inheritance inheritance. Post the Decision of the Supreme Court Number 331 K / AG / 2018, the amount of wasiat wajibah will change to ¼ from the inheritor's inheritance. 
Rencana Aksi Korporasi private placement yang Dilakukan oleh PT. SLJ GLOBAL, Tbk. terhadap CARRIEDO Limited Alvianda, Arvi
Jurnal Suara Hukum Vol 2, No 2 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n2.p215-233

Abstract

One of the most important elements in the framework of the business development strategy of public companies (issuers) is the addition of capital. The addition of capital can be done in two ways, namely Capital Increase by providing Pre-emptive Rights and Capital Additions without Giving Pre-emptive Rights. Providing Rights is the same as Rights Issue, while without giving Rights can be equated with Private Placement. However, generally people are more familiar with calling private placement with the term Right Issue without Preemptive Rights. Arrangements regarding Preemptive Rights are regulated in POJK No.32/POJK.04/2015 concerning Addition of Company Capital By Providing Pre-emptive Rights, while without providing Preemptive Rights is regulated in POJK No.38/POJK.04/2014 concerning Capital Increase of Public Companies without Giving Pre-emptive Rights. The research method is used a normative juridical method. The research specifications are used descriptive-analytical. From the results of the study it can be concluded that the Capital Increase without Giving Preemptive Rights is carried out by PT. SLJ GLOBAL Tbk, by issuing new shares to creditors as a form of debt payment is one of the best ways for the Company. This method proved to be able to reduce debt and increase the paid up capital of the Company, as well as making the Creditor as a new shareholder. However, corporate action through the issuance of new shares without giving HMETD, so that there are additional new investors, resulting in a percentage share ownership of each of the existing shareholders has decreased. (Dilution).
Harmonisasi Perlindungan Harta Kekayaan Anak dalam Perwalian melalui Penguatan Peran Wali Pengawas Pratiwi, Yulita Dwi
Jurnal Suara Hukum Vol 1, No 1 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n1.p61-90

Abstract

Guardianship is the supervision of children who are no longer under the authority of their parents, and the management of objects or property of the children carried out by the guardian. In carrying out their duties, the guardian is supervised by the guardian supervisor, which based on Article 366 Indonesian Civil Code, the authority is given to the Weskamer. This office is one of the technical implementation units under the Ministry of Law and Human Rights. However, the supervision process can hardly be carried out by the Weskamer, that relates to its role that requires synergy with the role of other institutions. It shows that there is disharmony in the implementation of protection of children's assets in guardianship, which eliminates the element of supervision by the state through the Weskamer. Therefore, an idea is needed in harmonizing the protection of children's assets in guardianship through strengthening the role of guardian. This research uses normative method which is a part of legal research. Normative legal research aims to find solutions to juridical problems that arise from legal issues and provide prescriptions on these legal issues. Based on the results of the study, systematic and concrete steps are needed to improve the rules by harmonizing laws as well as institutions regarding the protection of the assets of the children by strengthening the role of guardian supervisor.  
Perwujudan Pemilu yang Luberjurdil melalui Validitas Daftar Pemilih Tetap Izzaty, Risdiana; Nugraha, Xavier
Jurnal Suara Hukum Vol 1, No 2 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n2.p155-171

Abstract

In Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia, it is explained that General Elections (Elections) are held based on the principle of “luberjudil” (direct, general, free, confidential, honest and fair). One of the manifestations of this principle is through the final voter list in the implementation of the election. This research is normative research with statute approach and conceptual approach. The issues discussed in this study are 1. Can the validity of the Permanent Voters List be seen as a manifestation of a direct, general, free, confidential, honest and fair election? 2. What are the problems that arise in determining the Permanent Voters List? 3. How is the guarantee of political rights for citizens due to problems that arise in the determination of the Permanent Voters List? Based on this research, it was found that the validity of the Permanent Voters List was part of the realization of the election system which was direct, general, free, confidential, honest and fair. This research also describes the problems in determining the Permanent Voters List and the mechanism for protecting the political rights of citizens in the event of problems in the final voter list 
Peran Aparatur Pemerintah Desa dalam Meningkatkan Partisipasi Politik Penyelenggaraan Pemilu Tahun 2019 Desa Mlagen, Magelang Bhakti, Indira Swasti Gama; Gunawan, Tri Agus
Jurnal Suara Hukum Vol 2, No 1 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n1.p21-32

Abstract

Election (Election) is one of the means of democracy in the implementation of popular sovereignty within the Unitary Republic of Indonesia which is based on the Pancasila and the 1945 Constitution. Through elections conducted the people can elect leaders who are expected to be able to bring change towards a better life. Elections are also a means for the people to choose their trusted representatives to carry out various government affairs. Elections must be based on people's awareness to vote, not because of coercion or pressure. The higher the level of people's participation in the election, it means that the higher the level of their political awareness. Villagers who on average are still well educated understand politics only limited to a party of the people which is carried out every five years, and not a few political participation by the community is still influenced by movements from the ruling parties including the village head. The role of the village head is very important to be needed with the situation of rural educated people who are still quite low and most are farmers, this is what was described in Mlagen Village, Bandongan District. The role of the village head is very necessary in order to increase public political participation in the presidential election in 2019. The research method used is a qualitative research method with descriptive analysis techniques. Data collection is done through observation, interviews and documentation. Research data sources are key informants, informants, research sites and documents.

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