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PENEGAKAN HUKUM TERHADAP PERIZINAN REKLAME DI KOTA SURABAYA SESUAI PERWALI NO. 21 TAHUN 2018 Ovi Shinta Mayasari; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Advertisements are promotional media in the field of services that aim to influence or attract the public in order to buy or pay attention to a particular product. There are many cases of violations against unlicensed billboards so that problems regarding advertisement tax in each region always seem to occur and raise many questions about the function of oversight of billboards that has been carried out so far. One of the efforts to control billboards is through the imposition of administrative sanctions. Administrative sanctions are the core of administrative law enforcement used by authorities as a reaction to non-compliance with state administrative law norms. This study aims to provide a description and academic recommendations related to the law enforcement of advertising licensing in the city of Surabaya. This study tries to discuss the form of holding billboards and imposing sanctions on violations of billboard licensing laws in the city of Surabaya. The conclusion of this study is that the form of holding billboards is a violation of technical provisions, billboards are not licensed, SIPR expires, billboards are blank material and taxes are in arrears as stated in Perwali No. 21 of 2018 which is the basis for the implementation of billboards in the city of Surabaya, while the imposition of sanctions for violations of advertising licensing laws by imposing administrative sanctions in the form of written warnings, freezing of SIPR, sealing of billboard buildings, revocation of SIPR, placing a cross on billboard material and/or publishing in the mass media; and/or demolition of advertisements. It is hoped that billboard organizers will comply more with the established rules so as to create legal awareness and reduce the risks arising from violations. The active role of various parties, both regional apparatus and the community, is also needed to control oversight of advertisement violations.Keywords: advertising violations, supervision, administrative sanctions

PENGELOLA KEUANGAN DAERAH YANG BERWENANG MELAKUKAN PERGESERAN ANGGARAN DALAM KEADAAN DARURAT Nina Anggreni; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Local governments are required to always improve their adaptability, as an organization they must be able to make decisions, manage risks, encourage change and solve problems in their regions. Considering that budgeting adaptation is carried out with a fast response time, shifting the budget as an initial alternative can then be accommodated in budget changes. In order for local governments to maintain the principles of good governance, it is necessary to pay attention to the limits of authority that must be exercised by regional financial managers so that the implementation of budget shifts meets the criteria and complies with statutory provisions. This study aims to provide academic descriptions and recommendations for local governments in setting budget shift policies in emergencies. This study discusses the limits of authority and legal conformity for regional financial managers to shift budgets in emergencies. The conclusion of this study is that the regional financial manager's authority to shift the budget in an emergency is permissible, but full of limitations both on procedures or procedures, as well as limitations on authority. Meanwhile, legal conformity can be carried out in accordance with the provisions of Government Regulation Number 12 of 2019 concerning Regional Financial Management and Minister of Home Affairs Regulation Number 77 of 2020 concerning Technical Guidelines for Regional Financial Management. In order to perfect the implementation of the budget shift policy, a Regional Head Regulation concerning Procedures for Budget Shifts must be formed.Keywords: financial manager, budget shift, emergency.

KEWENANGAN PEMERINTAH DAERAH DALAM PELAKSANAAN PENGAWASAN DAN PENGENDALIAN KELAYAKAN FUNGSI BANGUNAN DI KOTA SURABAYA Dwiluna Setiaprameswari; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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The development of the economy in the city of Surabaya has an impact on the rapid growth of building construction in the city of Surabaya. One of the Government's controls in ensuring the reliable implementation of building management is by issuing a Certificate of Proper Function to certify the feasibility of a building's function before it can be utilized. The Government's role in supervision and control must be carried out in order to ensure the fulfillment of building reliability aspects. This study aims to provide a description and analyze the authority of the Regional Government in carrying out supervision and controlling the feasibility of building functions in the city of Surabaya. This study tries to discuss the limits of the authority of the Regional Government on the implementation of supervision and control over the feasibility of building functions in the city of Surabaya and the imposition of sanctions on building owners who violate the feasibility of building functions based on the results of supervision and control by the Surabaya city government. The conclusion of this study is that the authority of the local government to supervise and control the feasibility of building functions in the city of Surabaya is limited by the period, area and substance of authority, while the forms of sanctions against building owners who violate the feasibility of building functions are based on the results of supervision and control by the Surabaya city government in the form of administrative sanctions, fines and criminal penalties. To apply fines and criminal sanctions, the Surabaya city government needs to develop a legal basis regarding the intent, purpose and scope of imposing sanctions and the procedures for implementing them.Keywords: feasibility of building functions, supervision and control

PENGENAAN SANKSI ADMINISTRATIF PELANGGARAN INTENSITAS PEMANFAATAN RUANG Abitya Indah Rosiani; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Spatial use control is carried out to realize spatial use in accordance with the spatial plan and implemented to encourage everyone to comply with the established spatial plan, utilize space in accordance with the spatial plan, and comply with the provisions stipulated in the requirements for space utilization activities. One of the ways to control the use of space is through the imposition of sanctions. This study aims to provide a description and academic recommendations for setting administrative fines for violations of the intensity of spatial use in the context of building construction in the city of Surabaya. This study tries to discuss the forms of violations of spatial use intensity and legal conformity in the imposition of administrative sanctions for violations of spatial use intensity against the construction of buildings in the city of Surabaya. The conclusion of this study is that the form of violation of the intensity of spatial use is a violation of the technical provisions as stated in the Description of the City Plan (KRK) which is the basis for preparing the building's technical plan, while the legal conformity is carried out when applying for a Building Permit and determined by a Regional Fines Decree (SKDD) ) with the amount of the administrative fine taking into account certain aspects. To apply fines for violating the intensity of spatial use, the Surabaya City Government needs to compile a legal basis regarding the procedures for imposing fines for violating the intensity of spatial use.Keywords: spatial use control, administrative sanctions.

KEWENANGAN PENERBITAN SERTIFIKASI PROFESI ADVOKAT OLEH ORGANISASI ADVOKAT (STUDI PUTUSAN MAHKAMAH KONSTITUSI No. 35/PUU-XVI/2018) Septino Guntur Pamungkas; Rusdianto Sesung; Zawida Ainia
Jurnal HUKUM BISNIS Vol 7 No 4 (2023): Volume 7 No 4 2023
Publisher : Fakultas Hukum Universitas Narotama

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The establishment of the Bar Association by Act No. 18 of 2003 on Lawyers has raised a debate as to which organization is recognized by the law. The decision of the Constitutional Court No. 35/Law-XVI/2018 on the Organization of Lawyers is the result of the material examination request submitted by a number of lawyers. The research method used is Normative research. The results of the research indicate that Peradi is the only container of the lawyer profession has eight authorities. The existence of advocacy organizations outside the existing Peradi cannot be prohibited as an expression of freedom of association and assembly guaranteed by Article 28 and Article 28E paragraph (3) of the 1945 UUD. Only, the lawyer's organization is not authorized to exercise those eight powers as contained in the MK Decision No. 66/Law-VIII/2010 dated 27 June 2011. Therefore, any action by a lawyer's organization other than PERADI that appears to be exercising one of the eight (eight) powers of PERADI granted by the Law on Lawyers is an act against the law that is detrimental to PERADI as the sole party entitled to such authority. Keywords: lawyers, advocates, lawyer organizations

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