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Jurnal Penelitian Hukum Legalitas
Published by Universitas Jayabaya
ISSN : 14118564     EISSN : 25025511     DOI : -
Core Subject : Social,
Jurnal Penelitian Hukum Legalitas (JPHL) is published duo-annually in May and November, and aimed to provide research articles in order to have a significant implication to the world of law. Jurnal Penelitian Hukum Legalitas (JPHL) provides cutting-edge and comprehensive analysis of gap between theory and practice as well as the significant implications of the legal world. The scope of this journal has become essential for criminal law, civil, constitutional and international law. The Journal is highly relevant to all professionals, directors, managers, entrepreneurs, professors, academic researchers and graduate students in the field of Law studies.
Arjuna Subject : -
Articles 22 Documents
Implementasi dan Implikasi Sosialisasi Empat Pilar Berbangsa Dan Bernegara Pasca Putusan Mahkamah Konstitusi Sagalane, Andra Bani
Jurnal Penelitian Hukum Legalitas Vol 9, No 1 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (238.004 KB) | DOI: 10.31479/jphl.v9i1.27

Abstract

Four Pillars of Nation and State is Pancasila, the Constitution of the Republic of Indonesia in 1945, national unity and the Republic of Indonesia which is articulated by members of the DPR/MPR to the public. This idea is included in item Law of Political Parties that have strong legitimacy. The four pillars of the state and nation reap the pros and cons in the community, especially among experts in constitutional law of the State. The experts have similar views to criticize the concept of it because it is not considered appropriate if it is aligned as the four pillar or column country. The Constitutional Court issued a decision removing the article. The Constitutional Court’s decision is binding and must be executed by all parties. That is the four pillars of the nation and state is forbidden to be disseminated to the public, but the reality is different, the constitutional court ruling was ignored by the DPR/MPR until today. They continue to socialize the four pillars. That is the institution DPR/MPR may be unlawful.
Mekanisme Penyelesaian Sengketa Internal Partai Persatuan Pembangunan (PPP) Pasca Reformasi Mekanisme Penyelesaian Sengketa Internal Partai Persatuan Pembangunan (PPP) Pasca Reformasi HasbiTasween, AfriLeonardo
Jurnal Penelitian Hukum Legalitas Vol 10, No 1 (2016)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (426.073 KB) | DOI: 10.31479/jphl.v9i2.98

Abstract

Based on the provisions of the 1945 Constitution of the State of the Republic of Indonesia after the fourth amendment, described in Article 1 paragraph (1) and (2) namely that the State of Indonesia is a unitary State of the Republic, and Sovereignty is in the hands of the people and carried out according to Constitution. One of the noble principles in the 1945 Constitution emphasizes the guarantee of freedom of association as part of Human Rights, where Political Parties are one of the pillars of independence of the association The purpose of this research is to know and analyze the ideal idea which is done by the Government in the settlement of internal disputes of political party, especially the United Development Party (PPP) after the reformation, attributed to the increasing role of political party in the life of nation and state which is not followed by harmonious political communication, this is due to the frequent occurrence of debates that occur when they compete in the political field. The research method used is descriptive qualitative descriptive research using case study. The type of approach used in this research is the approach to empirical data in the field by involving two sources of evidence at the same time that is systemic interview and direct observation to the research which is also associated with Certainty Law.
Problematika Wewenang Pengawasan Perbankan Dari Bank Indonesia Ke Otoritas Jasa Keuangan Humaidi, Agus
Jurnal Penelitian Hukum Legalitas Vol 10, No 2 (2016)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (452.383 KB) | DOI: 10.31479/jphl.v10i2.99

Abstract

Bank of Indonesia, the central bank in the national banking system, has authority in the field of banking regulation and supervision. However, Article 34 of Law Number 3 Year 2004 on Amendment to Law Number 23 of 1999 concerning Bank Indonesia mandates the task of supervising banks will be conducted by the institutions supervision of an independent financial services sector, and established by law no later than December 31, 2010. how the effectiveness of the role of the Financial Services Authority in terms of banking supervision is related to Law Number 21 of 2011 on the Financial Services Authority.
Delik Penghinaan Terhadap Pengadilan(Contempt Of Court) Dalam Perkara Pidana Di Indonesia Amiruddin, Amiruddin
Jurnal Penelitian Hukum Legalitas Vol 9, No 2 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (344.61 KB) | DOI: 10.31479/jphl.v9i2.107

Abstract

Contempt of Court, is a deliberate act that violates the authority of the court. Tends to obstruct and squandered the administration of justice, which is done at the mercy of the court by a party in the case and pub­lic, deliberately disobeyed lawful court orders. Contempt Of Court vi­olations often occur either before, while, and after a trial held in court. But not infrequently violation Contempt Of Court, can occur in the judicial process at the level of investigation and prosecution of corrup­tion cases and in the special criminal case, known as Obstruction of Justice.
Eksekusi Putusan Arbitrase Internasional Dalam Sistem Hukum Indonesia Tutojo, Tutojo
Jurnal Penelitian Hukum Legalitas Vol 9, No 1 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (203.126 KB) | DOI: 10.31479/jphl.v9i1.28

Abstract

International arbitration decision shall be in accordance with the provisions of laws and regulations or legal system in the country. The legal system has three elements, namely the substance of the law, the legal structure and legal culture. Study of this law is the study of normative law, and based on the legal theory of Friedman, the legal review was conducted by a study from the point of legal substance, namely legislation, including its principles, judicial authorities, procedural law, and of legal culture. Qualitative analysis method was used to examine if execution of International Arbitration Decision is appropriate with Indonesian Law System. Based on the study of the law, that the execution of International Arbitral Awards in London on July 3rd 2006 on Transportation Contract Dispute Through the Sea in compliance with Indonesian Law System. International Arbitration Decision Execution is hampered because of the lack of good faith of the defendant, the defendant does not voluntarily execute commands authorized Courts.
Eksistensi Rupbasan Dalam Pengelolaan Benda Sitaan Kapal Guna Mendukung Perlindungan Hukum Pada Proses Penegakan Hukum Di Laut Sadarisman, Soniady Drajat; Tasween, Tasween; Hasan, Hasbi
Jurnal Penelitian Hukum Legalitas Vol 10, No 1 (2016)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (437.507 KB) | DOI: 10.31479/jphl.v9i2.82

Abstract

Law enforcement at sea, seized ships that had been appropriated after stipulation of confiscation by a head of district court, have to be placed in the safe house as well. Though ideally the safe house is established in every district or municipality, up to the recent time the fact is that has not been able to realize yet. With regard to law enforcement in the sea, the absence of Rupbasan. It is particularly in the remote area and outermost islands have become an issue for investigators as they cannot keep their confiscated goods in Rupbasan. Normative law research is applied as a method in this research as an effort to obtain necessary data which related to the issue. The research found the fact not only that in the law enforcement at sea, confiscated objects are not to be kept in Rupbasan since it has not built yet in all districts and municipalities, but also particularly because to keep the ship in Rupbasan is not feasible.  These acts had been found in every stage of law enforcement which are the investigation, prosecution, education, and execution. The way how to treat this matter has not been regulated yet in The Criminal Code Procedure (KUHAP), Government Regulation Number 27 in 1983 and other regulations which means an absence of law. It is really necessary all of that has to be regulated by new form of regulation.
Penundaan Kewajiban Pembayaran Utang dan Perdamaian pada Perseroan Terbatas Sebagai Upaya Perlindungan Debitor Firdaus, Dadang
Jurnal Penelitian Hukum Legalitas Vol 10, No 2 (2016)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (536.322 KB) | DOI: 10.31479/jphl.v10i2.101

Abstract

the requirements of bankruptcy put the debtors vulnerable of insolvent exposure due to among other things broad definition of debt legal terminology in Law no 37 year 2004 on Bankruptcy and Suspension of Payment; absence of nominal limitation of debt for filing bankruptcy petition; stop payment is deemed as inability  to settle debt to only two creditors not necessarily in insolvent state or unable to pay to all creditors
Efektivitas Pengawasan Pemilu Anggota DPR, DPD, dan DPRD Dalam Perspektif Pencegahan Pelanggaran Pemilu Ismail
Jurnal Penelitian Hukum Legalitas Vol 9, No 2 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (106.337 KB) | DOI: 10.31479/jphl.v9i2.105

Abstract

The general elections are free and conducted regularly is one criterion that a political system can be said to be democratic, so that all countries implement a modern democratic elections. Methods used are normative juridical meth-od is a method of collecting data through library research, using secondary data which is generally a document. The analysis method used is qualitative analysis is a method to examine the quality of object and then translated at sentences so obtained discussion or exposure to systematic and understand-able. The results of this study were (1) Focus control the election of members of DPR, DPD and DPRD is to oversee all stages of election include the start of updating data, campaigns, polling and counting results up to the deter-mination of elected candidates. (2) Effective oversight would create election honest, fair and democratic, and can maintain the neutrality and integrity inside election.
Penegakan Hukum Tindak Pidana Perikanan Oleh Kapal Perang Republik Indonesia Darmika, Ketut
Jurnal Penelitian Hukum Legalitas Vol 9, No 1 (2015)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.007 KB) | DOI: 10.31479/jphl.v9i1.29

Abstract

Illegal fishing is a serious problem that must be addressed because it is very harmful to the preservation of resources and economically detrimental for the country. This illegal activity has directly violated the provisions of Law No. 45 Year 2009 on the Amendment Law No. 31 of 2004 about Fisheries. The method used in this study is a legal normative juridical research conducted in an attempt to obtain the necessary data regards to the issues. The data used are secondary data consists of primary legal materials, secondary law and tertiary legal materials. In addition, it is also used as the primary data supporting secondary data of law materials. For data analysis was conducted using qualitative analysis. From the research results can be concluded that the act of shooting or sinking and exterminating evidence of foreign-flagged fishing vessels that sufficient evidence of a criminal act fisheries in WPP RI in practice can be done by means of hot pursuit, in the process of investigation and carry out the determination of the court.
Pemekaran Kota Sofifi Maluku Utara sebagai Daerah Persiapan Otonomi Baru Ditinjau dari UU No 23 Tahun 2014 Awaluddin, Awaluddin; Faitanu, Idzam; Hasan, Hasbi
Jurnal Penelitian Hukum Legalitas Vol 10, No 1 (2016)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (501.041 KB) | DOI: 10.31479/jphl.v9i2.84

Abstract

This study aims to examine and analyze the process and constraints expansion city of Sofifi North Maluku as a new autonomy preparation area in the review of Law no. 23 years 2014. This study is an analytical descriptive that describes the detailed description of the processes and barriers to the expansion of Sofifi as a new Autonomy Preparation area. The approach used is an empirical juridical approach that emphasizes literature research/law and field research results. Based on the results of this study submitted suggestions To the Governor of North Maluku Province and the Mayor of Tidore island immediately coordinate discuss the barrier of expansion city of Sofifi North Maluku. Mayor of Tidore Town and Tidore Islands Municipal Peoples Legislative Assembly immediately issue the recommendation of approval of the release of sofifi area to fulfill the administrative requirement in regional expansion. DPR-DPD RI immediately ratified the regulation on the DESARTADA as the implementing rule and the guidance of regional expansion, and revised Article 33 paragraph 3 of the preparatory areas that priority areas such as Sofifi of North Maluku no need to use the concept of preparation area or the gap period because sofifi has not fulfilled the Government Convention Regions, that is each provincial capital must be a city.

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