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Published by Universitas Muhammadiyah Palu
ISSN : 25500260     EISSN : 25805835     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
he aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; constitutional and administrative law religious jurisprudence law Legal pluralism governance International Law; Constitutional Law; Administrative Law; Adat Law; 
Arjuna Subject : Ilmu Sosial - Hukum
Articles 113 Documents
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MEKANISME GANTI RUGI TERHADAP KORBAN KECELAKAAN LALU LINTAS MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Budimah Budimah
Maleo Law Journal Vol. 1 No. 1 (2017): April 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

According to the development of the era and the increase of the population, the human need for transportation will also increase from day to day rapidly, so that public roads that are already available are becoming more crowded. It carries a very high risk for motorists and other public road users. In its development, the perpetrators of road traffic accidents are many who give compensation to the victim as a form of accountability. This is in accordance with the principle of absolute responsibility in which the perpetrator is accountable to the victim because of the result of the negligence committed by the offender causing harm to the victim. However, compensation to victims of traffic accidents provided by perpetrators does not abolish corporal punishment (imprisonment or confinement). Because for the victims who have died, life can not be replaced by anything even with money worth trillions of rupiahKeywords: compensation, Victim, Traffic accident
EKSISTENSI HUKUM PIDANA ADAT NGATA TORO KECAMATAN KULAWI DAN KEDUDUKANNYA DALAM HUKUM PIDANA NASIONAL Rahmat Hidayat
Maleo Law Journal Vol. 1 No. 1 (2017): April 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Indonesia is a constitutional state, it is contained in Article 1 Paragraph (3) of the Constitution of the Republic of Indonesia 1945. The law is divided into two namely Written and Unwritten Law Before the formation of positive law in the community, customary law becomes a law governing the life of the community, Adat Ngata Toro. Customary law in Ngata Toro itself is formed from the customs that exist in public life, so that customary law in Ngata Toro develop dynamically in accordance with the times. The form is not codified cause customary law is not a source of law that has the principle of legality, but the values of customary law becomes a source of important role in the formation of a positive law in a country. This research uses Normative Empirical Research Method. Because Customary Law in Toro village is an unwritten and un codified rule, but still applied, obeyed and respected. In fact, within a lawful state, the principle of legality applies.Keywords : Existence, Customary Criminal Law, Village Toro 
ANALISIS HUKUM TERHADAP PENGAWASAN ANGGARAN BERBASIS KINERJA PADA KANTOR BAPPEDA PROVINSI SULAWESI TENGAH Christien Linda Afrilianti
Maleo Law Journal Vol. 1 No. 1 (2017): April 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The research was to juridically analyze the implementation of budgeting control in Central Sulawesi Provincial Development Planning Agency and idenyify their job performance in case of manipulation inprovincial fund management. It was a normative research adopting juridical and conceptual approaches. The sources of date were primary and secondary. The results of the research showed 2 findings. (1) the control was applied during planing, implementation, management, reporting and acountability of the provincial budget. Such a step was preferable to prevent financial manipulation and losses since preventive measures agains financial manipulation were perceived to be better than currative ones. Having gained Reasonable Without Exception financial reporting predicate twice, the Central Provincial Goverment would be more encoraged to better prepare transparent and effective accrual-based financial accountability reports in order to be more consistent to good governance principle. (2) The performance was evaluated to identivity progresses in the programs and activities in order to gain indicators that the Agency was clean, transparent and accountable in the processes of fair and effective budgeting in consistent with the good governance principleKeywords : clean, transparent and accountable budgeting control, based ongood coorporate governance principle.
PERLINDUNGAN HUKUM TERHADAP PEKERJA DALAM PERJANJIAN KERJA DENGAN SISTEM OUTSOURCING MENURUT UU NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Muh Rizki Syafaat
Maleo Law Journal Vol. 1 No. 1 (2017): April 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Changes in the application of modern technological results are now widely cited as one of the causes for the occurrence of social change, including in the field of labor law. In the Act No. 13 of 2003 on Manpower does not mention explicitly about terms and outsourcing. The outsourcing model can be compared with the form of the charter agreement although it is not the same. The charter agreement can be likened to a regular contract system, while outsourcing itself is not a contract. Workers / laborers in the charter agreements can be likened to casual workers as stipulated in the Regulation of the Minister of Manpower NR: PER. 06 / MEN / 1985 on Protection of Daily Workers (PHL). PHL is a worker who works for an employer to do a particular job and may vary in time and volume of work by receiving wages based on daily attendance of the worker. Keywords :
PENYIDIKAN TINDAK PIDANA KORUPSI DALAM SISTEM PENEGAKAN HUKUM DI INDONESIA (Studi di Kepolisian Daerah Kepulauan Riau) Ahmad Ramadhan
Maleo Law Journal Vol. 1 No. 1 (2017): April 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

This research is to analyze the authority of Police of Kepri in Corruption Crime Investigation. Method of approach used is normative juridical research that is analyze the law in writing, literature and document study used as the main material. Field data was obtained through structured interviews that were used as supporting data / auxiliaries to police officers / investigators at Polda Kepri, Barelang Police and Tanjungpinang Police. This research was conducted at the Riau Islands Regional Police especially the Special Criminal Investigation Directorate of Riau Islands Police, Barelang Police and Tanjungpinang Police. The results of the study found that the investigation of corruption in Polda Kepri was carried out in accordance with the authority possessed by Polri investigators. The investigation of criminal acts of corruption, in addition to prove the perpetrators' actions, also to the maximum extent possible to restore the state financial losses. In its implementation, corruption criminal investigation is influenced by legal factors, law enforcement factors, facilities or facilities supporting law enforcers, community factors, and) cultural
ASPEK KEADILAN PERJANJIAN BAKU (STANDARD CONTRACT) DALAM PERJANJIAN KREDIT PERBANKAN Ahyuni Yunus
Maleo Law Journal Vol. 1 No. 1 (2017): April 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Justice as one of the goals of law comes from the view that philosophically the law is created and enforced is to create a sense of justice for society. Even in the common people's understanding, justice is often identified with the law itself. That is, the applicable law is always judged from a sense of fairness or not by a particular society. Likewise, the bank credit agreement in the form of the standard agreement contains only the minimum creditor liabilities but on the other hand contains the debtors' liability as much as possible, making it very clear that the justice aspect of the credit agreement of the bank in the form of the standard agreement does not meet the sense of community justice, Especially debtors. It is unfair that debtors with weak position, weak social and economic and then utilized the shortage is for the benefit of the creditors of the bank so that the debtor is forced to sign a credit agreement with the form of the standard agreement.Keywords:Justice, Raw Agreement, Banking Credit
PERTANGGUNGJAWABAN KORPORASI TERHADAP KERUSAKAN LINGKUNGAN DI KABUPATEN MOROWALI Herlan Herlan
Maleo Law Journal Vol. 1 No. 1 (2017): April 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Morowali is a regency that is rich of natural resources. It is evidenced by quite number of mining companies operating there. The total area of Morowali regency is only 14,489.62 Km2 or 1,4 Milion Hectares. However, more than half of the mainland is occupied by concession permits for mining or estate bussines, It was reported by the Morowali Regency Government to the ministry of energy and Minerals Recources that there were 144 valid Mining Bussines Permits (IUP) covering approximately 440.000 hectares. The researcher identified that there were about 27 mining companies cousing environmental problems. One of them was PT. Pnxiang Mining Operating in Siumbatu Village, Bahodopi Sub-District, Morowali Regency, Central Sulawesi Province, failing to comply with environmental assessment statment standards in terms of water pollutions control, air pollutions control, hazardous and poisonous  waste treatment  and area demage control. The thesis studies how the criminal law  was enforced in inveronmental cases and how the formulation of criminal accountability was affected to vironmental crimes. It was a normative research to conseptualize and review law as norm, rule and principle or dogma adopted for discussing the main problems proposed based on legal materials and characteristics of legal sciense it self. It was concluded that although the policy on corporate crime accountability formulation in the preavailing environmental Law had provided about subjects of corporate environmental crime, when corporates crime, when corporate crime was commited and who was to b accountable for the crime, it would definetlly need to be more elaborated in order to prevent inconsistent enforcements when applied. Keywords : Criminal Liability, Environmental, Corporate. 
Hakikat Perlindungan Hukum Hak Masyarakat Adat Dalam Sistem Agraria Nasional (Studi Kasus Di Propinsi Sulawesi Tengah) Maisa Maisa
Maleo Law Journal Vol. 1 No. 1 (2017): April 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

This study analyzes and discovers the nature of legal protection of indigenous peoples' rights in the national agrarian law system. This research uses Normative Law research type and Empirical Law. Sources of data obtained from the primary data and secondary data as an analysis material obtained from respondents and informants. The results showed that the legal protection of the rights of indigenous peoples required a normative synchronization effort on all legal products so that it was not contradictory to the 1945 Constitution of the Republic of Indonesia and LoGA based on customary law. as the main norm in the formulation, enforcement and design of the national agrarian legal system. Research recommendation It is recommended that all legal products related to land tenure and ownership patterns that are contradictory to the 1945 Constitution and the LoGA are revoked and / or adjusted to customary laws that evolve in the dynamics of indigenous communities and are still valid and binding.Kata Kunci : Culture. Legal protection
UPAYA PENCEGAHAN DAN PENANGGULANGAN TINDAK PIDANA TERORISME DI INDONESIA Ahmad Syafii
Maleo Law Journal Vol. 1 No. 2 (2017): Oktober 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Terrorism is a crime against civilization and one of the most serious threats to the sovereignty of each country. The crime of terrorism is done in anarchist ways that sacrifice innocent people. This crime is done in an organized and systematic way by involving networks between countries. Since the tragedy of September 11, 2001 in the United States, countries around the world have begun to step up their security and anticipatory measures against the terrorist movement, both coming from abroad and within the country itself. Tragedibom Bali I, on October 12, 2002, recorded 202 people killed and 300 people injured, Indonesia began to intensify the handling of terrorism. This is appreciated by the formation of Densus 88 Anti-Terrorism troops by POLRI Headquarters or other special forces whose main task is to anticipate and thwart terrorism in Indonesia. The Bali bombing case has forced the Indonesian government to issue Government Regulation in Lieu of Law No. 1 of 2002 on the Eradication of Criminal Acts of Terrorism and Perpu No. 2 of 2002 on the Implementation of Government Regulation Number 1 of 2002 which was then ratified by the House of Representatives with Law Number 15 Year 2003 and Law Number 16 Year 2003.Keywords : Prevention, Countermeasures, The Crime of Theorism
ANALISIS PENCURIAN DENGAN KEKERASAN DALAM PERSPEKTIF KRIMINOLOGI DI WILAYAH HUKUM KEPOLISIAN RESORT PALU Ahmad Allang
Maleo Law Journal Vol. 1 No. 2 (2017): Oktober 2017
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The theft of violence in Palu from 2014 to 2016 was recorded 582, each year experiencing an average increase of 29.79%, succeeded in P21 Palu Resort Police 79.21%. The cause is bad perpetrators, clothing and urgent needs because they are not permanent workers but casual workers and even unemployed, and negligence of victims. The pattern is performed when the victim is unable to keep his or her possessions especially during bad weather, the modus operandi of the perpetrator performs threats with firearms or sharp weapons, seizes the victim's bag, gropes the victim's vehicle, pulls the victim's clothes down from his vehicle. The need for the government to expand / create new jobs as an effort to improve the prosperity of the people of Palu City.Keywords: Theft With Violence, Criminology

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