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INDONESIA
Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat
Published by Universitas Kristen Indonesia
ISSN : 24428019     EISSN : 26209837     DOI : ersitas Kristen Indonesia DOI: https://doi.org/10.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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 15 Documents
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Search results for , issue "Vol. 7 No. 1 (2021): April" : 15 Documents clear
TINJAUAN YURIDIS EKSEKUSI PUTUSAN ARBITRASE PADA PENGADILAN NEGERI BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA Bintang agustinus SImanjuntak
to-ra Vol. 7 No. 1 (2021): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

Article 60 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution stipulates that: "The arbitration award is final and has permanent legal force and is binding on the parties" In this Law there is a legal problem when the result of the decision of the Indonesian National Arbitration Board which is a final and binding decision if it is not implemented by the parties voluntarily, then one of the disputing parties can submit an application for its execution to the district court as provided for in Article 61 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. It is known that in principle the arbitration decision is final and binding. However, by stating that the arbitration award cannot be implemented, it certainly becomes a legal issue regarding the follow-up of dispute resolution between the parties, while in the arbitration law itself it does not a tour of the consequences of the inability to enforce the Arbitration decision. Keywords: execution, arbitration decision and district court
TINJAUAN YURIDIS KEDUDUKAN PENANGGUNG/BORGTOCHT DALAM PERKARA KEPAILITAN DAN PKPU TERHADAP UTANG DEBITOR Rosalia Hidayat
to-ra Vol. 7 No. 1 (2021): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

A loan agreement between the parties may result in default. The provision of guarantees is very necessary in an effort to minimize default. The form of guarantee consists of material guarantee (material) and immaterial guarantee (individual). Material guarantees can be in the form of a mortgage, mortgage, mortgage, and fiduciary security, while individual guarantees are in the form of a guarantor (borgtocht), liability, and a guarantee agreement. The existence of a debt guarantor, namely a third party as guarantor (borgtocht), where as a debtor's debt guarantor when the debtor does not meet his performance. When the Debtor experiences Bankruptcy or PKPU due to the debtor defaulting or unable to pay his debt, the creditor immediately asks for responsibility for Borgtocht as the guarantor without any debt collection from the debtor. Often the creditor immediately collects the debt from the guarantor, who is clearly not a debtor. And this happens in the bankruptcy law and PKPU, namely the guarantor of the bankruptcy debtor by the creditor without first seeing the debtor's real assets. Keywords: borgtocht, bankruptcy and debtor
TINJAUAN YURIDIS PERLINDUNGAN HUKUM KORBAN INVESTASI “FIKTIF” MELALUI MEDIA ONLINE BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Josua Halomoan Napitupulu
to-ra Vol. 7 No. 1 (2021): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

The practice of fictitious investment that has recently revived in various modes by utilizing online media, reflects that the Indonesian people do not fully understand the various investments that are legal according to the regulations of the Financial Services Authority (OJK), and Indonesian people still have a culture of laziness to work so they immediately trust and believe in the offer outstanding investment in online media. Law No. 25 of 2007 concerning investment, which broadly distinguishes direct investment from abroad (foreign direct investment / FDI) and investment indirectly. Investment activities are business activities carried out to place funds in the hope that at one time it will get a profit or profit. In essence, investment throughmedia online or it can be said as fictitious investment is also regulated in Article 9 and Article 10 of Law Number 11 Year 2008 concerning Electronic Information and Transactions. Business actors offering products through an electronic system are obliged to provide complete and correct information and business actors conducting electronic transactions may include certification by a Reliability Certification Agency. Keywords: Investment, Fictitious, Electronic Transactions
AKIBAT HUKUM PENGANGKATAN ANAK SECARA LANGSUNG DALAM MASYARAKAT TIONGHOA Theo Oematan
to-ra Vol. 7 No. 1 (2021): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

Children are the most important part of the family, there are many families whose marriages are not blessed with a child. This is the background of adoption in society, especially for families who do not have a child. However, direct adoption of children still occurs, without following the procedures in existing laws and regulations, namely through court rulings. This research is an empirical study using the problem approach method used in this study is a sociological juridical approach. The problem in this writing is the provisions for adoption and the position and inheritance rights of adopted children according to Chinese customary law and jurisprudence in Indonesia and the legal consequences for adoptive parents who falsify the birth certificate documents of their adopted children. The result of this research is that adoption of children based on Chinese customs is carried out simply by means of direct adoption, but due to the direct adoption law, which is not based on the applicable law, the party who adopts the child can be sentenced for violating Article 278 of the Criminal Code. Keywords: direct adoption, Chinese adopted children, adoption in Chinese society
POLITIK HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA PEMILU DEMI MEWUJUDKAN KEADILAN PEMILU Maria Sinaga
to-ra Vol. 7 No. 1 (2021): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/JtVol5Iss2pp102

Abstract

This research examines the problematics of the enforcement of election criminal law as contained in Law Number 7 of 2017 concerning General Elections, with a focus on criminal policy or politics of criminal law in the context of overcoming election crimes in Indonesia. The problems of election law are not only related to regulated criminal norms, but also with the handling mechanisms and institutions involved in their enforcement. This research utilizes legal research methods with a statute approach, a case approach, and a historical approach. By applying qualitative analysis, the results of the study conclude two important things. First, there are problems in regulating election crimes as contained in Law Number 7 of 2017 concerning General Elections, namely the existence of criminalization in election crimes, the subjects of criminal law mostly target election organizers, the absence of minimum and maximum criminal sanction, and the unchanged time limit for handling election crimes at the level of investigation, prosecution and trial in court. Second, it is necessary to have a criminal policy in the context of overcoming election crimes by taking steps to improve the legal substance, legal structure, and legal culture in the administration of elections. Keywords: criminal law, election crime, election criminal law, electoral justice

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