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All Journal JURNAL IQTISAD: Reconstruction of Justice and Welfare for Indonesia JOURNAL OF PRIVATE AND COMMERCIAL LAW Jurnal Suara Hukum
Bhakti, Indira Swasti Gama
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS KETENTUAN PASAL 10 UNDANG-UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI (STUDI KASUS TINDAK PIDANA OLEH LGBT DI MUKA UMUM) Gunawan, Tri Agus; Bhakti, Indira Swasti Gama
Jurnal Iqtisad Vol 7, No 1 (2020): IQTISAD
Publisher : Universitas Wahid Hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/iq.v7i1.3465

Abstract

Abstract The discussion about the problem of pornography seems to be endless. The ease of accessing cyberspace is one of the causes of pornography being difficult to control. The emergence of minority groups such as LGBT (lesbian, gay, bisexual, and transgender) raises its own problems in the community. Some human rights activists consider LGBT a right for those who are not used to being banned and even the State must protect it. In terms of human values, it is clear that LGBT actors must indeed be protected from discrimination. But if their actions have touched the public or public domain, that is no longer a reason to be protected by the State and even the State must appear in regulating it. When the LGBT action was publicly displayed, Law Number 44 Year 2008 Regarding Pornography, could not directly touch it. This is influenced by two factors, namely regulation factors and also implementation factors. The source of this regulation must be immediately addressed so that its implementation is not ambiguous. Displaying pornographic acts by LGBT in public has been very worrying and can damage the mentalities of young people, especially children. Whereas in the sense of pornography as regulated in Article 1 number 1, the acts of the LGBT offender have entered the qualifications of pornography, namely in the case of "gestures" through public performances, which contain obscenity or sexual exploitation that violates the norms of decency in society. This research uses normative research using literature study with primary legal sources used is Law Number 44 Year 2008. The specific target of this research is to make scientific contributions, especially related to critical thinking about pornography laws. While the long-term goal of this study is that it is hoped that this research can be considered by policy makers or regulators to make improvements to this law so that it does not provide multiple interpretations in the implementation phase.
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.
Legal Responsibilities of Foreign Investors in Establishing Unicorn Start-Up Companies in Indonesia rihardi, satrio ageng; bhakti, indira swasti gama
Journal of Private and Commercial Law Vol 4, No 2 (2020): November
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i2.27097

Abstract

The flow of globalization is increasing very rapidly and the development of the digital world. Indonesia is one of the countries with the highest e-commerce growth which continues to grow every year, in 2013 internet users were recorded at 72.8 million and in 2016 it became 102.8 million, in 2019 there were 130 million people. PT.PMA needs strict supervision of the financial system including how to collect taxes, considering that the capital invested is not small. A legal system capable of creating certainty, justice, and efficiency as an effort to develop market mechanisms in the era of economic globalization. Without special rules regarding the supervision of foreign investors, of course it will make it difficult for the government to collect taxes and move the financial management system. The aim is to see the responsibilities of foreign investors in managing the financial system in unicorn start-up companies established in Indonesia that are associated with taxation. The research method was carried out normative-empirical which was presented in a qualitative descriptive. Some company investors in start-up companies come as a whole from domestic investors and some even use foreign investors to intervene. Article 5 paragraph (2) of the Company Law states that foreign investment in Indonesia must be in the form of a Limited Liability Company (PT) based on Indonesian law and the government in this case is not allowed to grant “special rights” to treatment of a country. Start-up companies, both foreign and domestic, must pay taxes in accordance with the provisions imposed in Indonesia. With the implementation of this tax, it has resulted in an increase in state profits. Apart from affirming the obligation of investors to pay taxes, the principles of sound corporate governance are embodied, respecting the cultural traditions of the community, and implementing corporate social responsibility
Co-Authors Gunawan, Tri Agus Rihardi, Satrio Ageng