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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 168 Documents
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JUDICIAL CORRUPTION DAN PEMBAHARUAN HUKUM PIDANA Yudi Kristiana
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

The phenomenon of judicial corruption in all its forms by receiving bribe in the judicial process is a reality that is shameful in the history of law in Indonesia. The serious impact will occurred in economy and politic including in the law because judicial corruption will reduce the dignity, credibility, public tust and also the purpose of law. To address judicial corruption, the reform of the Penal Code is done by: (1)reorientation of the focus of criminal law reform and legal structure legal substance to the legal culture; (2) The criminal law reform that emphasizes the substantial justice of the procedural justice; and (3)reform of criminal law with a progressive approach to the law.Kata Kunci: judicial corruption, pembaharuan dan hukum progresif
HUKUM ADAT SEBAGAI PRANATA HUKUM PENYELESAIAN PERSELISIHAN MELALUI MUSYAWARAH MUFAKAT DALAM LINGKUNGAN MASYARAKAT Gindo L. Tobing
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

In daily life by people in Indonesia the use of the term customs with customary law is often equated. It is as if the two terms have the same meaning and meaning or even people say custom. Custom or habit is always connoted as a reflection of the life of a particular society, a society that has not known progress, or society that is still old, traditional, not familiar with modernization. Habits can be seen for example from behavior, speech, politeness that can describe the characteristics of a society. With the advancing civilization of society which is driven by economic development, science and technology, the level of conflict or dispute in society is also higher. Settlement of disputes or conflicts should not always be resolved through formal legal channels eg through a complaint to law enforcement officers (police) or filing a lawsuit through courts but can also be resolved through consensus or peace agreement using customary law (including local wisdom). When customary law plays its role at that time the public will realize that modernization does not forever necessarily leave and even eliminate the role of customary law. Customary law is also capable of resolving the various conflicts that arise in society. Keywords: Customary law as legal institution to solve various conflicts in society
PEMBUKTIAN TERBALIK DALAM TINDAK PIDANA KORUPSI H. Firman Freaddy Busroh
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

No. 24 Prp of 1960 on Investigation, Prosecution and Investigation of Corruption. Furthermore, in 1971 formed the Law No. 3 of 1971 on the Eradication of Corruption and then Law No. 31 of 1999 on Corruption Eradication embracing sistem of proof is limited as stipulated in Article 37, which allows a reverse authentication is limited to a particular property and the confiscation of proceeds of corruption. Both Law, both Law No. 3 of 1971 and Law No. 31, 1999, in principle, still use the theory of negative evidence. While in Law No. 20 of 2001 on Corruption Eradication, adheres Sistem and Balanced Reversal of the Burden of Proof, which is provided for in Article 12 B, 12 C, 37, 37A, 38 A and 38 B. However, these rules have not been implemented to date in an attempt the eradication of corruption in Indonesia.The urgency of proof in the eradication of corruption First, restore the state financial losses made by the perpetrators of corruption, second, eradication of corruption is not only relying on law enforcement action is repressive, but also depends on preventive measures as a cease- desist follow corruption, and Third, improve the bad image of Indonesia are classified as high-level corruption, where one of the causes is the growing corruption committed by state officials. Reversed burden of proof required for a person attached to her duties as official organizer of the state, not him as a personal (individual). Proving wealth of local heads of government have to do with the approach of the Law of Administration and administrative sanctions and criminal law approach through the Corruption Court. Proof of the origin of the assets Servants and State Officers carried out by effecting a state administrative law and administrative law sanctions. If you find any indication of the wealth of the proceeds of corruption and has been demonstrated in reverse by Servants and State Officers that that wealth came not from corruption, then followed up through the procedures of criminal law and subject to criminal sanctions through Crime Court Corruption.Kata kunci: Pembuktian Terbalik
PENERAPAN ASAS MENCARI KEBENARAN MATERIIL PADA PERKARA PERDATA DALAM PERSPEKTIF HUKUM PEMBUKTIAN PERDATA Lonna Yohanes Lengkong
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

In business practice, the agreement is something fundamental matter aimed to protecting the rights of businesses in doing business. The implementation of business agreements it’s became disputes later taken to court to be decided by the judge to protect the rights of businesses. In practice, the judge in deciding civil cases implement the principle of seeking truth material, which is seeking the judge’s conviction, in addition to still use the principle of seeking formal truth in deciding a civil case. Results of the research is the judge assessing evidence submitted by the plaintiff turned out to have applied the principle of seeking truth material by putting the judge’s conviction, obtained by deepening the witness testimony in the trial, although formally evidence have been met and sufficient. Judge indeed should to apply the principle of truth material in order to find the formal truth in deciding a case, it is to convince the judge absolutely convinced before giving the verdict of a civil case. Keywords: Kebenaran Materiil dalam Pembuktian Perkara Perdata
POLA HUKUMAN TERPIDANA ANAK DAN KORUPTOR BERDASARKAN KEDAULATAN TUHAN, RAKYAT, HUKUM Manuasa Saragi
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Policy about program on legal development still need making. Attempt to realize national legal system should continue, that is in according to Annex of Legislation Number 17 Year 2007 includes development of legal substances; completing of legal structure, etc. For reaching aim entangles whole sosial component that has huge legal awareness for supporting realisation of system to be hoped. Making for attainment the ideal implies developing of substances, and improving of holding. Criminal law role is to control the public order and to directing of individual suit to general rule. Quality of enforcer/ing need accurateness, I assess any lack of our legal system for attaining the more civilized regulation. The research focusing, that penal system of Indonesia‟s law lack in corelating of punishing to juvenile and corruptor in dimension of nation development. The juvenile must not obstructed toward aim of national development, and corrupting must as far as possible evaded so that not creating failure to state in serving majorite if not whole people. Two main actors of the nation journey need to be treated with special penal that encertain nation existence. My research to the problem, is normatif in kind, it result in prediction that corelating of pattern of punishing to nation development agenda promises safety of nation.Kata Kunci: Pola Hukuman Terpidana
KEBERADAAN HUKUM ADAT DALAM YURISPRUDENSI Hulman Panjaitan
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

The Existance of Customary Law in national legal sistem was finding a important and strategic place and therefore constitutionally recognized in chapter 18 B verse 2 in second changes UUD 1945 with the certain requirements that is as long as the law and these customary law society still alive and in accordance with society development and the principle of NKRI. A confession Customary Law in legal law sistem can be viewed in various statutory regulation formal and specific pointedly, through the adjudication in court pratices that called with Jurisprudence. In Development history of Jurisprudence within Judicial practice in Indonesia can be seen the presence of common law as a form invention of law what does conducted by a judge against any lawsuit besides was the implementation of common law that living and evolving in the certain common law society environment. Keywords: customary law, jurisprudence
IMPLEMENTASI PENYELESAIAN PELANGGARAN HAM BERAT DI INDONESIA Poltak Siringoringo
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Under the provisions of Article 4 of law no.26 of 2000 on Human Rights Court and the duty to investigate and resolve cases of serious Human Rights Violations. Of the provisions of this article means that not all Human Rights violations be tried by a court of Human Rights but is limited to “Serious Human Rights Violations”. Is a grass Human Rights Violations under the provisions of law No. 26 of 2000 is described in chapter 7, which reads as follows: “Serious Human Rights Violations Include: (1) The crime of genocide and (2) Crimes against Human. In addition to the Human Rights Court to investigate and resolve cases of Serious Human Rights Violations that occurred in the Territorial unitary state of Indonesia (Principle Territorialitet). Also to investigate and resolve cases of grass Human Rights Violations commited by Indonesia citizen outside the unitary Republic of Indonesia (Principle Nasinalitet). Besides mechanisms and inter rasional, other mechanism that a new mechanism for justice in cases of human evil is a mixture courts or better known as hybrid tribunal. Model of this trial appeared to be criticism of the weakness of national courts and international courts, as shown in the international criminal tribunal for the farmer Yugoslavia and the International criminal court for Rwanda.Kata Kunci: Implementasi Peyelesaian Pelanggarah HAM Berat
AKOMODASI DELIK LOKIKA SANGGRAHA DALAM PEMBARUAN HUKUM PIDANA Dewa Ayu Widyani
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

In Balinese criminal customary law, there is there is an offense called lokika Sanggraha offense. Lokika Sanggraha is an offense committed by a man, where a man does not want to marry a woman who was pregnant with his child. This act is not a crime under the Criminal Code, however, a crime under the customary law. In this research, there are two problems, namely the punishment for the perpetrator of the lokika sanggraha offense and the prospects to accommodate lokika sanggraha offense in criminal law reform. The punishment for the perpetrators of the lokika Sanggraha conducted through the judge’s decision based on Article 359 Adhigama Scripture. In addition, the offender can be punished with custom obligations which aim to restore the balance. Prospects to accomadate lokika sanggraha offense in criminal law reform is very large considering criminal law reform must be done by exploring the values that live and thrive in the community. Sanggraha lokika offense can be used as one of the crimes in the offense of decency. Keywords: offense, criminal custom, lokika sanggraha.
PEMBERANTASAN PERDAGANGAN ORANG Hotman Sitorus
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Low No.21 of 2007 concerning the eradication of trafficking in person. Indonesia is not only the country of origin for trafficking in person but has become a country of destination and transit countries. This is because Indonesia is a strategic location. Victims of people trafficker channel for various purposes such as trafficked to be prostates, soldier, or are not in paid employment purpose of this paper is to fid out the delivery of children a broad. This research method is a normatif study research: birth urgency legislation specifically dealing with this as a result of the widespread network of organized crime card dis organized, both between countries, and within the country, country, and respect for rights human rights.Kata Kunci: Perdagangan Orang
ANALISA YURIDIS TERHADAP TINDAK PIDANA PENGALIHAN OBYEK JAMINAN FIDUSIA TANPA PERSETUJUAN PENERIMA FIDUSIA Nanin Koeswidi Astuti
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Guarantee is one important element in the provision of credit, one of which is the guarantee of materiality. One of the known material guarantees in positive law is fiduciary guarantees. In the practice of credit provision by Bank through fiduciary credit guarantee institution to Bank customer, there is a possibility that there will be legal problem because the fiduciary guarantee object will remain in the hands of the customer of the Bank (debtor). With the enactment of Law No. 42/1999 on fiduciary collateral (UUJF) with criminal provisions, the legal protection of creditors from the crime of transferring fiduciary assets to third parties is given by UUJF when the creditor (fiduciary receiver) obtains fiduciary guarantee certificate by way of register a fiduciary guarantee deed made with a real note at the fiduciary registration office. Kata Kunci: Tindak Pidana Jaminan Fidusia, Obyek Jaminan Fidusia, Fidusia

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