Varia Justicia
Varia Justicia (ISSN 2579-5198) is a peer-reviewed Journal of Legal Studies developed by the Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes biannually (March and October). The scopes of Varia Justicia, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies. Varia Justicia has been indexed by Google Scholar, Directory of Open Access Journal (DOAJ), Sinta, IPI, Worldcat and others.
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165 Documents
<![CDATA[ TINJAUAN KRIMINOLOGI TERHADAP TINDAK PIDANA PENIPUAN JUAL BELI ONLINE ]]>
<![CDATA[Susanto, Wahyu Adi]]>;
<![CDATA[Hendrawati, Heni]]>;
<![CDATA[Basri, Basri]]>
<![CDATA[ Varia Justicia Vol 13 No 1 (2017): Vol 13 No. 1 Maret 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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<![CDATA[This study discusses the overview of Criminology Crime Against Scams Buy Sell Online. Who in real life is very rife due to the lack of security and surveillance conducted by public authorities, so that many victims of criminal fraud and selling online, supported and easy to commit a criminal act of buying and selling online with a variety of modes available. To resolve the problem it should be known what are the factors that caused the criminal act of buying and selling online in terms of criminology. And how do the efforts of law enforcement officers in dealing with criminal fraud and selling online.
Writing of this method normative empirical research that aims to make the data in a systematic, factual, and accurate about the facts and what happens on the field sebenrnya. With a data sekuder and as a source of primary data. Factors that cause the Crime Fraud Buy Sell Online influenced by various factors such as economic factors, environmental factors, social and cultural factors, factors easily commit crimes of fraud and selling online, factor the lack of risk of being caught by]]>
<![CDATA[ ANALISIS YURIDIS KEPEMILIKAN HAK GUNA BANGUNAN ATAS RUKO DI PASAR REJOAMERTANI TEMANGGUNG ]]>
<![CDATA[Herman Saputra, Rifki]]>;
<![CDATA[Nurwati, Nurwati]]>;
<![CDATA[Tjatur Iswanto, Bambang]]>
<![CDATA[ Varia Justicia Vol 12 No 2 (2016): Vol 12 No. 2 Oktober 2016 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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<![CDATA[ Starting from a land swap between the Temanggung district government and PT Puri Sakti Perkasa. Based on the letter of the Minister of Home Affairs on December 4, 1991 No. 593/4707 / PUOD concerning the approval of the principle of exchange of land and building of the District Government Dati II Temanggung by land and buildings owned by PT Puri Sakti Perkasa and the Decree of the Regional Representatives Council of the Regency of Temanggung , dated December 24, 1991 Number: parliament. 043/7-III / 91 -92 on Land Rights Asset Disposal Local Government District Level II Temanggung PT Puri Sakti Perkasa. After the swap (ruislag) Regency woken Bumipala sports stadium, while the PT Puri Sakti Perkasa granted land near the market precisely on Jalan Kol. Sugoyono, Jalan S. Parman and Jalan Gunung Prau petitioned be Broking then built shophouses and sold to traders with a deed of sale before the issuance of the certificate Broking Broking fraction of PT Puri Sakti Perkasa. Over time and the passing of Regional Head, a new problem the district government did not allow ownership of shophouses with Broking and does not allow for an extension of the time period that is almost gone past 20 years but must renew replaced by Broking above Rights management, because the local government considers that the land is built shophouses in the market is a management right. Based on this research with the title authors take ownership of juridical analysis on commercial Broking Market RejoAmertani Temanggung. The formulation of the problem in this research is included Which type of certificate Broking on the commercial market RejoAmertani, extension Certificate Broking on the commercial, When extended to the type Broking Which origin by land.
The method used in this research is using normative juridical approach, the specification of the research is descriptive, whereas the determination of the sample using purposive sampling method. Research tools include literature studies and interviews. Methods of data analysis done by qualitative analysis. Based on the research that has historically been the object of land in Jalan Colonel Sugiono, Jalan S. Parman, and Jalan Gunung Prau then type certificate Rejoamertani office market is Broking Land Property Rights. Regarding the extension of HGB can,with which HGB types based on its origin soil authors conclude result Hak Guna Bangunan (HGB) on Properties. Because this happens with the HGB granting by the holders of Rights Owned by deed made by a land deed official (PPAT). HGB is said because it is clear that once was the exchange between the district government and PT. This means that the object and the status of the exchange rights also switched. Puri Sakti Perkasa PT can not gain Properties for Legal Entities.]]>
<![CDATA[ STRICT LIABILITY SEBAGAI INSTRUMEN PENEGAKAN HUKUM LINGKUNGAN ]]>
<![CDATA[Bagus Edhita Praja, Chrisna]]>;
<![CDATA[Nurjaman, Dasep]]>;
<![CDATA[Arifa Fatimah, Dian]]>;
<![CDATA[Himawati, Nilma]]>
<![CDATA[ Varia Justicia Vol 12 No 1 (2016): Vol 12 No. 1 Maret 2016 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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<![CDATA[Penyelesaian sengketa lingkungan hidup saat ini masih menggunakan prinsip Liability based on Fault yang membuat korban harus membuktikan unsur kesalahan dari pelaku. Sedangkan dalam penegakan hukum lingkungan masih ada dasar pertanggungjawaban dengan prinsip Strict Liability, yaitu korban tidak perlu melakukan pembuktian terhadap kesalahan pelaku apabila telah memenuhi unsur yang terdapat dalam Pasal 35 Undang-Undang Nomor 23 Tahun 1997 dan Pasal 88 Undang-Undang Nomor 32 Tahun 2009. Penelitian ini disusun karena ketertarikan penulis mengenai penyelesaian sengketa lingkungan hidup berdasarkan prinsip Strict Liability. Tujuan dari penelitian yang berjudul âStrict Liability sebagai Penegakan Hukum Lingkunganâ ini adalah mengetahui urgensi Strict Liability dalam sengketa lingkungan dan upaya-upaya penerapan Strict Liability dalam sengketa lingkungan. Penelitian ini menggunakan metode penelitian hukum (legal research) dengan pendekatan perundang-undangan (statue approach) dan pendekatan konseptual (conceptual approach). Strict Liability merupakan prinsip pertanggungjawaban dalam sengketa lingkungan yang tidak menerapkan unsur kesalahan dalam aspek pertanggungjawabannya. Hal tersebut sesuai dengan Undang-Undang Nomor 23 Tahun 1997 Pasal 35 dan dipertegas dalam Undang-Undang Nomor 32 Tahun 2009 Pasal 88 dalam kegiatan kategori abnormally dangerous activity. Jadi dapat disimpulkan bahwa prinsip Strict Liability lebih menguntungkan korbannya, karena korban tidak perlu melakukan pembuktian jika pelaku melakukan kegiatan yang merugikan melainkan dapat langsung menuntut suatu pertanggungjawaban. ]]>
<![CDATA[ ANALISIS PENGARUH PERSAINGAN USAHA PASAR TRADISIONAL TERHADAP PASAR MODERN PERATURAN DAERAH KOTA MEDAN ]]>
<![CDATA[Fajriawati, Fajriawati]]>
<![CDATA[ Varia Justicia Vol 13 No 2 (2017): Vol 13 No. 2 Oktober 2017 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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<![CDATA[The Effect of Traditional Market Competition on Modern Market in Local Regulation No. 53 / M-DAG / PER / 12/2008 concerning the arrangement and development of traditional markets and Shopping Centers and Modern Stores. And in article 2 of Law Number 5 Year 1999 we can see how the arrangement and layout of service, layout, business license for the common good. From the results of this study using the Normative Research and Empirical Research. The closer to legislation that focuses on the rule of law as its central to know the Influence Analysis of Competition of traditional market in this case policy related to license of establishment of modern market is not comprehensive because related to partnership as mandated in Perpres and permendagri not regulated further. Regulations on partnerships can maintain traditional markets that are fundamental to eliminating the disparity between modern markets.]]>
<![CDATA[THE IMPLEMENTATION OF INTERNATIONAL TRADEMARK REGISTRATION IN INDONESIA POST-RATIFICATION OF MADRID PROTOCOL ]]>
<![CDATA[Setiawan, Andry]]>;
<![CDATA[Sulistyaningsih, Dewi]]>;
<![CDATA[Aglesius, Leo Bernado]]>
<![CDATA[ Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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DOI: 10.31603/variajusticia.v14i2.2104
<![CDATA[In early October 2017, the Indonesian government, represented by the Directorate General of Intellectual Property of the Ministry of Justice and Human Rights, has officially ratified the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol). The ratification is contained in the Presidential Regulation No. 92 of 2017 on Ratification of Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, 1989. The Presidential Regulation shall be the legal basis of enforcement that regulates the international trademark registration in Indonesia. The concept offered through the international trademark registration system based on the Madrid Protocol is its practicality which passes only one examination, one Language, one currency and it is integrated by the International Bureau administered by WIPO without changing the sovereignty of each member country which ratifies the system. The objective of this paper is to find out how the trademark registration is implemented based on the Madrid Protocol after its ratification in Indonesia and how the system will impact. The results of this paper will be beneficial for the public so that they know the mechanism of the international trademark registration and the impact of this system]]>
<![CDATA[THE EXISTENCE OF REGIONAL REPRESENTATIVE COUNCIL (DPD) AND REGIONAL POLITICAL ASPIRATION IN INDONESIA ]]>
<![CDATA[NG, Marshaal]]>;
<![CDATA[Suatmiati, Sri]]>;
<![CDATA[Marlina, Heni]]>
<![CDATA[ Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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DOI: 10.31603/variajusticia.v14i2.2117
<![CDATA[The affirmation of DPD?s existence is not only from the formal legal side, but also from the acceptance of regional aspiration that to be conveyed and fought in the central level. This is because during this time there are many problems in the region which has not been accommodated yet by the Central. DPD and DPR could formulate a mutual agreement. But the agreement must reflect the compromise between all the political power in the MPR. DPD need to have more space to take part. Thus, it is expected to be more active in the struggle for the interests and region's aspirations. ]]>
<![CDATA[JURIDICAL REVIEW OF THE IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR) AS A BANKING COMMITMENT TO REALIZING SUSTAINABLE BANKING (CASE STUDY AT PT BANK BJB, TBK) ]]>
<![CDATA[Abubakar, Lastuti]]>;
<![CDATA[Handayani, Tri]]>
<![CDATA[ Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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DOI: 10.31603/variajusticia.v14i2.2299
<![CDATA[Applicability of the Financial Services Authority Regulation (POJK) No. 51 of 2017 on Sustainable Finance will gradually require banks to apply the principles of sustainable finance. One of the banking commitments to realize sustainable banking is carried out through the implementation of social and environmental responsibility (CSR) that integrates economic, social, environmental and governance aspects. The legal issue in implementing CSR is the change like regulation, which is all voluntary rules to become obligatory rules. Also, banking CSR practices require adjustments to accommodate sustainable financial principles to realize sustainable banking. The approach method used in this study is a normative juridical approach with descriptive, analytical research specifications, using secondary data in the form of primary, secondary and tertiary legal materials analyzed qualitatively juridically. The results of the study indicate that the regulations governing CSR as a commitment of banks to realize sustainable banking still require more detailed arrangements, specifically the determination of the amount and source of CSR funds and sanctions for violations of CSR. Also, banks have not been optimal in using CSR as a means to accelerate the realization of sustainable banking. The effort that must be made by banks is to include CSR as part of the company's value and change the view that CSR is a good practice of banking that will generate long-term benefits for all stakeholders.]]>
<![CDATA[JURIDICAL REVIEW AGAINST INCUMBENTS LEAVE IN LAW NUMBER 10 OF 2016 ON THE ELECTION OF THE GOVERNOR, REGENT, AND MAYOR ]]>
<![CDATA[Wardani Amnesti, Sheila Kusuma]]>
<![CDATA[ Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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DOI: 10.31603/variajusticia.v14i2.2306
<![CDATA[Regional head elections held simultaneously on a regular basis in five years held in several regions by the mandate of Law Number 10 of 2016 still leave some problems. These problems include pre-post-conflict local elections when post-conflict local elections and post-conflict local elections. If some of these problems are described, one of them is the problem before the post-conflict local election process, namely the issue of incumbent leave. Regarding the arrangement of incumbent leave, there is still controversy. This has a significant impact on the holding of regional head elections. Some regional heads who are running for re-election in the following period (incumbent) object to the obligation of leaves contained in Article 70 paragraph (3) of Law Number 10 of 2016. However, on the other hand, many things must be considered to maintain the contents of Article 70 paragraph (3) regarding the obligation of incumbent leave. The research is descriptive analytical, namely making a precise, factual enunciation and accurately dealing with the facts. This research is a normative juridical approach with the Law approach (Concept approach) and conceptual approach (Conceptual Approach). Obligations regarding incumbent leave are mandatory for incumbents when nominating themselves again in the next period, although in some other laws and regulations governing voluntary consent of absence rules. ]]>
<![CDATA[PROTECTION OF INFORMAL WORKERS AS PARTICIPANTS THROUGH THE MAGELANG REGIONAL SOCIAL SECURITY SYSTEM ]]>
<![CDATA[Heniyatun, Heniyatun]]>;
<![CDATA[Rusdjijati, Retno]]>;
<![CDATA[Sulistyaningsih, Puji]]>
<![CDATA[ Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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DOI: 10.31603/variajusticia.v14i2.2379
<![CDATA[The purpose of this study is to review the rights of workers to obtain protection, including informal workers, as mandated in Article 3 paragraph (2) of Law Number 32 of 1992 concerning Labor Social Security that every worker has the right to social security of workers. The hazard risk from the work environment owned by informal workers is the same as that of formal workers. So far, the occupational health services provided are still curative, while health care and improvement efforts to improve work and preventive capacity are always neglected. This study uses a juridical empirical research method with a descriptive approach; data collection is done through questionnaires. The research sample includes workers in the home or micro industries both in the Regency and in the City of Magelang. Samples are collected using a nonprobability sampling method, then analyzed using qualitative analysis with inductive methods. Based on the results of the study, the understanding of the SJSN by both employers and informal sector workers is insufficient, but the majority of respondents have a desire to join the SJSN program, with the priority of health insurance and work accident insurance programs. The ability and willingness to become a BPJS participant are influenced by the level of income, and level of education. Current informal sector workers have not been covered by guaranteed protection, both BPJS Kesehatan, and BPJS. The main factor is the non-participation of casual workers in the guarantee of protection due to financial inability to pay contributions. Besides that, it was also because of his ignorance, even though it was not significant. This is due to a lack of socialization from stakeholders regarding the importance of health and safety guarantees and protection for workers and their families in addition to regulations that also do not accommodate informal workers.]]>
<![CDATA[CHILDREN'S CRIMINAL RESPONSIBILITIES: COMPARATIVE STUDY IN ISLAMIC AND CRIMINAL LAW ]]>
<![CDATA[Hendrawati, Heni]]>;
<![CDATA[Nurwati, Nurwati]]>;
<![CDATA[Budiharto, Budiharto]]>
<![CDATA[ Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Muhammadiyah Magelang ]]>
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DOI: 10.31603/variajusticia.v14i2.2417
<![CDATA[The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.]]>
