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INDONESIA
Jurnal Suara Hukum
Published by Universitas Negeri Surabaya
ISSN : 2656534X     EISSN : 26565358     DOI : 10.26740
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 109 Documents
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Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu Kholik, Saiful; Khaeriyah, Imas
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.p142-154

Abstract

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.
Pajak Daerah dan Restribusi Daerah (PDRD) Dikaitkan dengan Pertumbuhan Investasi Hariandja, Fernando
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.p154-183

Abstract

Tax has a very important role in the life of the country, especially in the implementation of development. Tax revenue is the payment of contributions by the people to the government that are regulated in the law without direct compensation. As is the case with central government taxes, Regional Taxes have an important role in implementing state/government functions, both in the functions of regulation, budgeting, redistributive, and allocation of resources and a combination of the four. A good local tax in principle must provide adequate income for regions with the level of fiscal autonomy they have. Some regions do accommodate the function of revenue and regulation in the formulation of Regional Tax policies. The step that has not been widely considered by the regions is the provision of Regional Tax incentives to attract investment in the regions. In the current era of regional autonomy, regions are given greater authority to regulate and manage their own households. The aim is to bring government services closer to the community. Anyway, President Joko Widodo often complained about the small value of investment coming into Indonesia, one of which is caused by the irrationality of the Regional Tax rates in the eyes of investors. This paper analyzes what policies the government has taken towards PDRD, which are considered to have many of these problems to increase investment growth in Indonesia. To overcome this, the government has made several efforts, one of which is to establish the Omnibus Law. However, the formation of the Omnibus Law itself actually unwittingly has the potential to erode the regional authority to look for sources of locally-generated revenue (PAD). If PAD is reduced, automatically the level of regional dependence on funds from the central government will be even greater, and if PAD is low, then the level of local government public service to the community is also feared to be reduced.
Retracted: Optimalisasi Aset Hak Kekayaan Intelektual Milik Perseroan Terbatas dalam Hukum Kepailitan di Indonesia Salam, Abdus
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.p15-50

Abstract

Artikel dengan judul Optimalisasi Aset Hak Kekayaan Intelektual Milik Perseroan Terbatas dalam Hukum Kepailitan di Indonesia telah dilakukan pencabutan dari Jurnal Suara Hukum  Volume 1, Nomor 1, Tahun 2019 pada tautan daring https://journal.unesa.ac.id/index.php/suarahukum/article/view/4273, atas permintaan editor in chief.  Alasan pencabutan karena kami menemukan artikel tersebut sudah terbit pada Jurnal Law Reform MIH FH UNDIP Volume 9, Nomor 2, Tahun 2014  dengan judul Optimalisasi Aset Hak Kekayaan Intelektual Milik Perseroan Terbatas dalam Hukum Kepailitan di Indonesia, pada tautan daring https://ejournal.undip.ac.id/index.php/lawreform/article/view/12442
Insentif Pajak terhadap Sumbangan Covid-19 dari Perspektif Relasi Hukum Pajak Indonesia dengan Hak Asasi Manusia Syukur, Muhammad
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.p184-214

Abstract

The Covid-19 pandemic is a transnational threat that requires a global response, but the outbreak has laid bare divergent national approaches to exposed broader structural weaknesses in the governance system. The challenges of governance of the state amidst the Covid-19 pandemic is not only on the public health approach but also must face the risk of economic recession. In the present report, the government of the Republic of Indonesia has taken anticipation steps to prevent and overcome Covid-19 through legislation which is then implemented to the public. The focus of this paper is to review how the Republic of Indonesia maintains national economic resilience using the Indonesian tax law approach. Income tax is part of tax classification in Indonesia has rights and obligations attached to the state as well as taxpayers. With using the doctrinal legal research method, this papers analyze the perspective of the Republic of Indonesia's tax laws on opportunities for corporate taxpayers to get incentives in their income tax because they have contributed to the need to overcome the pandemic Covid-19 and explained the relationship between human rights and taxes on the case. As the papers make clear, the tax revenue paradigm is considered important because it impacts on economic security and national development. The government must be careful in carrying out taxation policies by considering the economic conditions of democracy, globalization, and the synergy of the center and the regions as long as the Covid-19 pandemic continues. Human rights and taxes are related to the realization of the right to the social-economic and social justice in society because Indonesia taxes has rights and obligations attached to the state as well as taxpayers.
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.
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 
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.  
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).
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. 

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