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Contact Name
Erni Murniarti
Contact Email
erni.murniarti@uki.ac.id
Phone
+6281218565200
Journal Mail Official
erni.murniarti@uki.ac.id
Editorial Address
Mayjen Sutoyo Street, No.2 Cawang, Jakarta, Indonesia 13630
Location
Kota adm. jakarta timur,
Dki jakarta
INDONESIA
Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat
Core Subject : Social,
A journal to publish high-quality articles published for all aspects of research and the latest extraordinary developments in the field of Law. This journal number published by p-ISSN: 2442-8019 and e-ISSN 2620-9837 is a scientific journal published by the Faculty of Law, Universitas Kristen Indonesia which discusses the Law to regulate and protect the public. The purpose of the To-ra Journal is to disseminate conceptual thought and research findings that have been approved in the field of Law. In each publication every year, to-ra publishes in three publications: April, August and December. Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat focused to publish high-quality articles dedicated to all aspects of the latest outstanding research and developments in the fields of Laws. The aims of Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat is to disseminate the conceptual thoughts and ideas or research results that have been achieved in the area of law. Tora has a Memorandum of Understanding with DPN Peradi Indonesia. The scope of this journal encompasses to Managing and Protecting Citizenship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol. 3 No. 2 (2017): Agustus" : 8 Documents clear
PENEGAKAN HUKUM SYARAT MUTLAK MEWUJUDKAN NEGARA HUKUM DAN TUJUAN NEGARA (PENELITIAN PENEGAKAN HUKUM LALULINTAS JALAN DI KAWASAN SENEN) Muchtar B Pakpahan
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1151

Abstract

Abstract A country of law requires the existence of law enforcement, in this case the goal is just for well being and the protection of citizens rights, protecting all the regions, as well giving a guarantee to each of these members of the community to impose their daily activities, it has a legal state laws, there is a body of justice that free and impartial, having basic laws, providing education, maintainning discipline on society, provide the security to any members of the community for activities every single day include in the convenience on the road, such as: pleasantness of pedestrians orderlines the user of motorcyles, distraction from vendors, the protection an area of the sidewalk from vendors, the side of the road users as parking spaces, The discipline user on the road, the obediance of pedestrian for using overpass, if all these things happened then must be law enforcement, especially operationalising the traffic of law in transportation roadway by the sipport of the technology and the officers who disciplines. Keywords: penegakan hukum syarat untuk negara hukum
SANKSI PIDANA PLAGIARISME DALAM HUKUM POSITIF DI INDONESIA Hulman Panjaitan
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1152

Abstract

Abstract One of the norms that must be obeyed by everyone when writing a scientific literature is to mention the source of citation and other people’s opinion, this has been acknowledged among academics especially in universities, the most fundamental fact is, many writers do not pay attention to this matter or they do it intentionally, if this matter is done, then this action is called plagiarism and the person who performs the action is called a plagiarist, in regard to this matter, the law regulates the matter by imposing a criminal threat. Keyword: Sanksi Pidana Plagiarisme
HAK ANGKET DPR VS KEBERADAAN KPK RI DALAM SISTEM KETATANEGARAAN INDONESIA Tomson Situmeang
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1153

Abstract

Abstract Indonesia is a country that is limited by the constitution, in accordance with the provisions of Article 1 paragraph (2) and (3) of the 1945 Constitution. What is carried out by the executive, legislative, and judicial institutions with different roles, functions and tasks that do not intervene with each other, but are interconnected and intersecting. For example, the DPR Questionnaire Rights to the KPK raises pros and cons, because there are those who think that the KPK cannot be submitted to a questionnaire, but there are those who think that the KPK can also be asked for a questionnaire by the DPR. Questionnaire rights are one of the rights owned by the DPR in carrying out the supervisory function by conducting an investigation of the implementation of a law and/or government policy relating to important, strategic, and broad impacts on the life of the community, nation and state that are allegedly contradictory with the law. KPK is a state institution formed based on the Law so that it is an Organ of Law, but that does not mean that the state institution has no legal or unconstitutional position. KPK is not explicitly mentioned in the 1945 Constitution, but both have constitutional importance in the constitutional system, and even the Constitutional Court states that the term state institution is not always mentioned in the 1945 Constitution, but also formed on the basis of orders from regulations under the constitution. Thus the existence of the KPK as an institution tasked with eradicating corruption is not outside the constitutional system, but instead is placed constitutionally and acknowledged its existence in the constitutional system as one of the state institutions. Keywords: DPR, Hak Angket, KPK
PERBEDAAN HUKUM PEMBUKTIAN DALAM PERSPEKTIF HUKUM ACARA PIDANA DAN PERDATA Hendri Jayadi Pandiangan
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1154

Abstract

Abstract Proof is the act of proving that in general it has the same purpose, namely to provide certainty about the truth of an event. The act of proving in a trial is indeed used the notion of juridical proof, that is, proof in the court is not possible for logical and absolute proof, therefore in examining the evidence in the trial it is known as things that are close to the truth. But actually if it is analyzed more deeply in certain matters it can also happen that the evidence in the trial is logical and absolute. Proof in the practical order is a very important thing to test the truth or legal facts that actually occur. The Defendant’s fate in the trial at the Court was very much determined by the evidence that could be used as the basis for the judge in making a verdict against him. In such civil procedure, the fate of the parties, both the Plaintiff and the Defendant, is very much determined by the presentation of the evidence by the parties. The evidentiary difference in criminal procedure law and civil procedural law is that in the criminal proof the proof of system is “negatief wettelijk stelsel”, the system of verification according to the law negatively is a theory of a combination of a positive legal proof system with conviction-in time. Whereas the characteristic of civil proof is “audi et alterem partem”, the party who postulates that it must prove the argument. Keywords: hukum pembuktian, hukum acara pidana, hukum acara perdata
TINDAKAN KHUSUS BERUPA PEMBAKARAN DAN/ATAU PENENGGELAMAN KAPAL IKAN ASING YANG MELAKUKAN TINDAK PIDANA PERIKANAN DI ZONA EKONOMI EKSKLUSIF INDONESIA Mangisi Simanjuntak
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1155

Abstract

Abstract In the research shows that the rampant illegal fishing causes Indonesia to lose its fish resources around Rp 30 trillion per year. Fishing vessels caught for committing a criminal offense are processed under applicable law. The legal process took so long that many fishing vessels that were moored at the base were damaged while the finished ones and the ship’s court had been auctioned off but in reality the fishing vessel was back to its owner.For the settlement of both the necessary special measures of burning and / or drowning with sufficient preliminary evidence and approval of the chairman of the district court as stated in Article 69 paragraph (1), (4) and Article 76A of Law Number 45 Year 2009 concerning Fisheries . Countries whose fishing boats conduct illegal fishing protest against such special measures and how prevention efforts for fishery crimes can be minimized? Specific acts for fishery crimes committed in ZEE Indonesia shall not be made as they are contrary to Article 73 paragraph (2), Article 194, Article 309 of the UN Convention 1982 (Unclos 1982) and Article 15 of Law Number 5 Year 1983 on ZEE Indonesia And Article 104 Paragraph (1) of Law Number 31 Year 2004 concerning Fisheries that permit fishing vessels to be exempted by a ransom of adequate security deposit, by way of a court application. Such application shall be filed by the ship’s captain and / or his or her representative.If the court rejects the aforementioned redemption application then the legal proceedings will continue and if the ship is not redeemed, the legal proceedings continue and there should also be a statement signed by the ship’s captain or the representative of his country stating that his fishing vessel will not be redeemed. Burning and / or The drowning of foreign fishing vessels committing fishery crimes in ZEE Indonesia can only be done if the case has a permanent legal force. To engage in the burning and / or drowning of foreign fishing vessels committing a fishery crime in ZEE Indonesia requires a new legal norm as described above. Keywords: Special Measures of Combustion and/or Drowning of Foreign Fishing Vessels
PELAKSANAAN KEWENANGAN PENAHANAN TERHADAP DEBITOR PAILIT MENURUT UU RI NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU Jimmy Simanjuntak
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1156

Abstract

Abstract The Indonesian Criminal Code Procedure (KUHAP) provides fundamental legal basis in conducting detention, in concern that the suspect/defendant shall conduct escapement, erasure or destruction of the evidence, or shall conduct recidivism. Law Number 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligation also regulates regarding Detentions towards Bankrupt Debtors on the obligations as Bankrupt Debtors in providing important information/details towards the Administrators, Supervisory Judge, or the Administrators Members concerning the Debtors assets which then shall be managed and settled as bankruptcy assets; however this does not cover the mechanism for detention undertook by the Public Prosecutor evidently appointed by the Supervisory Judge. Keyword: kewenangan penahanan terhadap debitor pailit
PERLINDUNGAN HUKUM DARI KEKERASAN DALAM RUMAH TANGGA MENURUT UU NOMOR 23 TAHUN 2004 L. Elly AM Pandiangan
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1157

Abstract

Abstract The Violence in Family often too difficult to detect and the public paradigm still assume that stuff is internal affairs of the families concerned, the presence of Laws number 23 years 2004 about the elimination of the violence at home, is expected to provide protection for the citizen of the state from the unconfortable sense and as forms of the violence however number of the violence at home in everyday instantly increase. As the Writer will explore how does the role of Laws number 23 years 2004 about exlusion of the violence at home in giving guarantee protections for the citizen of the state especially for them which is a victims of the violence that happened at home. By the question which focused on: Whether it has enough to protect the citizen of the state that being a victim of violence a Home?, and How should be done for decreasing of the number violence case at home that happened in Indonesia? The conclusion that founded by the writer that is principle Laws number 23 years 2004 about removal of the Violence at Home has been enough to provide the protection to the victims and the elementary to the law enforcement. But in its implementation must be done in a way of comprehence and sistematic, not only with the country through the tools of its power and also with the public that supporting the deletion of the violence at Home. Keywords: Perlindungan hukum dari kekerasan dalam rumah tangga
LEGALISASI PENCABUTAN HAK POLITIK TERPIDANA TINDAK PIDANA KORUPSI UNTUK SELAMANYA Tomson Situmeang
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1158

Abstract

Abstract The country will progress if it successfully carries out the development of 2 (two) main factors, namely: “natural resources” and “human resources”. Indonesia, with its abundant natural resources, is not even among the 10 (ten) highest income countries in Asia. This is due to the corrupt behavior of officials (state) in Indonesia by abusing the position or position obtained, one of them through the political process. Such people are no longer fit to return to political office, so their political rights must be revoked. Revocation of political rights is indeed accepted and recognized in Indonesian law, namely in the provisions of Article 28J of the 1945 Constitution and Article 73 of the Human Rights Law which mandates limitations to the provisions of the law. In addition, there are provisions in Article 10 of the Criminal Code jo. Article 35 of the Criminal Code jo. Article 38 of the Criminal Code jo. Article 18 Corruption Law can be carried out by a judge’s decision. Therefore, revocation of the political rights of convicts of criminal acts of corruption can be done forever, provided that they are stipulated in the provisions of the law by including corruption in the category of disgraceful acts. Keywords: pencabutan hak politik, tindak pidana korupsi, perbuatan tercela

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