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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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BUDAYA HUKUM (LEGAL CULTURE) DAN PENGARUHNYA TERHADAP PENEGAKAN HUKUM DI INDONESIA Ika Darmika
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Penegakan hukum sebagai suatu proses pada hakikatnya merupakan penerapan diskresi yang menyangkut membuat keputusan yang tidak secara ketat diatur oleh kaidah-kaidah hukum, akan tetapi mempunyai unsur penilaian pribadi. Menurut Roscoe Pound, pada hakikatnya diskresi berada di antara hukum dan moral. Faktor- faktor yang mempengaruhi penegakan hukum adalah: faktor hukumnya sendiri, faktor penegak hukum, faktor sarana atau fasilitas, faktor masyarakat, dan faktor kebudayaan. Perbedaan persepsi masyarakat terhadap ketentuan perundang-undangan akan menimbulkan akibat bahwa penegakan hukumnya juga berbeda-beda antara kelompok masyarakat tertentu dan kelompok masyarakat lain, atau pluralisme budaya akan berakibat timbulnya pluralisme dalam penegakan hukum. Mengenai pengaruh budaya hukum (legal culture) terhadap penegakan hukum sebagai contoh adalah kasus: Perselingkuhan Suami-Istri. Dalam kasus tersebut, sanksi adat menghapuskan tuntutan pidana sebagaimana telah diputuskan oleh Mahkamah Agung Republik Indonesia tanggal 15 Februari 1996 No. 984.K/Pid.B/1996. Key Words: Law Enforcement and Legal Culture
ANALISA YURIDIS TENTANG PUTUSAN HAKIM DALAM SENGKETA WARIS ADAT Nanin Koeswidi Astuti
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Inheritance is one of the most important events in human life, because every human being will experience the phase of death. At the time of the death of this person of course raises a new legal event that is the transfer of rights and responsibilities of a deceased to his heirs. Customary inheritance law based the division of inheritance based on patrilineal, matrilineal and bilateral / parental kinship systems and also based on collective inheritance systems, individual inheritance systems or major inheritance systems. Kata Kunci: Sengketa Waris Adat, Hukum Waris Adat, Harta Waris, Pewarisan
PENERAPAN DIVERSI TERHADAP ANAK DALAM SISTEM HUKUM PIDANA INDONESIA Fransiska Novita Eleanora
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Diversion is a transfer of settlement of cases of children who are suspected of certain crimes from the formal criminal to a peaceful settlement between the suspect / accused / offender with the victim facilitated by family and / or community, Supervisor of Community Kids, Police, prosecutor or judge, Therefore, not all cases of children in conflict with the law must be resolved through the formal justice, and provide an alternative to the settlement with the restorative justice approach then, on cases of children in conflict with the law to do the diversion of the best interest of the child and taking into account the justice victim. While the Indonesian criminal code, known retaliation, which according to his ways, by providing appropriate sanctions to perpetrators, the purpose of this paper to know whether the Indonesian criminal law regulating the diversion of the dispute settlement children, method of writing is a literature study, the result is a process of diversion is regulated by a special regulation children’s Act, and is promoting the rights of children.Kata kunci: diversi, anak, hukum pidana
PENERAPAN DAN EFEKTIVITAS UNDANG-UNDANG NOMOR II TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DITELAAH DARI SOSIOLOGI DAN BUDAYA INDONESIA Poltak Siringoringo
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

The implementation and effectiveness of information legislation and electronic transactions are very weak, within the provisions of article 45, that the sanctions against the offenses were not optimal, because the law does not sanction a minimum, so that the law is legally vague and does not provide legal certainty, thus providing opportunities to abuse and misuse of information and communication technologies or misuse of electronic transactions by taking action so that the court can not apply the law, so it is not effective and is not optimal for violations and abuse of transaction information and communication. Keywords: electronic transactions,
PEMBENTUKAN REGULASI BADAN USAHA DENGAN MODEL OMNIBUS LAW Henry Donald Lumbantoruan
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Indonesia has about 42 thousand rules covering laws, government regulations, presidential regulations, ministerial regulations to governors, mayors and regents in the regions. Most of the rules conflict and overlap with each other. Such conditions hamper the entry of foreign investment flows, as the ease of starting a business in Indonesia is still far behind with other nations, at 91. Therefore, the president instructs ministries to improve indicators that hamper the regulation. One of the obstructing indicators is the ease of starting a business, involving the establishment of a business entity. The regulation of business entities in Indonesia is spread out in various regulations. Some are regulated in the Act PT, KUH Dagang, there are set the types of businesses in the Permanent Establishment in Law No. 7 of 1983 on income tax. But there is also not yet set at all that is individual effort and business commerce in cyberspace. To manage each of these business entities in a partial manner will obviously take time and great expenses, resulting in the wastage of state finances. Therefore, it is necessary to apply the regulatory model applied in Anglo saxon countries, known as omnibus law models. With the regulation of business entities omnibus law model, will regulate the overall business entity comprehensively. In principle, the application of such a regulatory model is no problem considering that this business entity has elements and criteria as a legal entity and company. Keywords: regulasi, badan usaha, model omnibus law
LISENSI PENGUMUMAN LAGU ATAU MUSIK DALAM PERSFEKTIF HUKUM PERDATA Bernard Nainggolan
to-ra Vol. 2 No. 1 (2016): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v2i1.1119

Abstract

The right to announce song or music, Which called in international with the performing rights or the public performance right is a part from economic right the creator of song or music. When its parsed, the right to announce consist of broadcast right, demonstrating right, announcing or utters right, as well to communicate song or musci right to the public. If so in announced right song or music bring in economic benefits to the creator of song or music, therefore needs to be given license to the user citizen song or music. However, in giving those license, might be effective, needs to be presence any institution License of principle and Collector Royalty in togetherness, that called as Collective Management Organization (CMO). Practically that has been held this periode in Indonesia, the granting of announcement license song or music is not doing by the creator or the holder copy right, but the State Public Institution (LMK) in blanket license form. So, State Public Institution with handing the representative letter from the creator of song or music giving license to useful song or music, to collect the Royalty, and then to distributing the Royalty to the people who has authority. At the view of private law, the announcement license of song or music is like an agreement what ought to have maded in written form. Its can not consist of rules which is able to harmful the state economic dan can not contain s of many things that contrast with the rule of laws. In other hand, that can be binding to the third side, therefore these license agreement of copy right must be noted in the Ministry of Law and Human Rights Indonesian Republic of Indonesia, the Directorate General of Intelctual Riches. Thereby the announcement of license song or music based on to the Private law include Formal Agreement type and from the management is an Annonymous Agreement (Onbenoemnde contract) or General Agreement type. Keywords: lisensi; pengumuman lagu atau musik
PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUCIA TERKAIT PERATURAN KAPOLRI NOMOR 18 TAHUN 2011 Inri Januar
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

IThe Fiduciary Guaranty Act provides benefits for fiduciary and fiduciary beneficiaries in carrying out economic activities. This law also provides legal certainty and guarantee to parties by execution of fiduciary merchandise without a court decision. The existence of regulation of the Chief of Police of the Republic of Indonesia further strengthen the protection of the State to the people who need security from the police. Execution in fiduciary warranty is defined as the sale of fiduciary goods either through public auction or under-sales. The collection of collateral goods is an activity to achieve the execution of fiduciary guarantee. The good faith of the debtor is an important role in preventing the occurrence of physical clashes in case of forced taking by creditors protected by the Act. Kata Kunci: Hak, Jaminan, dan Eksekusi
ANALISA HUKUM PERKAWINAN SATU MARGA MENURUT ADAT BATAK TOBA Elly AM. Pandiangan
to-ra Vol. 2 No. 3 (2016): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Marriage is born inward ties between a man and a woman as husband and wife, with the aim of forming family ( households ) happy and lasting based on belief in god. There are also has given understanding marriage is one of events that are extremely important in livelihood our society, for marriage is not only related to women and men will bridegroom just, but also parents both sides, his brethren, even family their families each. Marriage was on the community generally particularly was toba, one marga marriage between men and women banned, and until now the ban still retained. If someone is breaking then given punishment customary, namely in cerai life, or expelled from his home, however the punishment in accordance with the development of the age of those who do the marriage of one marga issued from customary. To avoid that the marriage of one marga not occur, so parents should tell his sons as the next generation that the marriage of one marga forbidden.With any reason not the marriage of one marga not allowed to including the ordinal of a breed of to generation may not be used to give permission to do the marriage of one marga, including by reason in love, moreover the in particular the batak toba bound with dalihan natolu, and also on the day when the so when the first both sides questions and answer each ask marga, for the purpose to know familial relationships. Besides if connect to health that marriage with brother the get two copies genes who have lost compared with marriage who come from outside the family. With what mentioned above, until now ban the marriage of one marga have to be preserved. In addition to those who violations of the ban was right and relevant given punishment. Kata Kunci: Perkawinan Marga Batak Toba
LANDASAN PEMIKIRAN TENTANG PEMBEBANAN JAMINAN DALAM KONTRAK PEMBIAYAAN MUDHARABAH PERSPEKTIF UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH Muhammad Yadi Harahap
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i1.1122

Abstract

The practice of sharia banking in Indonesia, the provision of mudharabah financing is generally followed by the provision of guarantees by business actors, since mudharabah financing contracts which are not followed by collateral are difficult to obtain mudharabah financing. Sharia banking interpreting collateral is an additional collateral for businesses managed by business actors in accordance with article 1 verse 26 of Law no. 21 of 2008 concerning Sharia Banking. For Sharia Banks Mudharabah financing guarantee is the second source of payment of capital given while the main source is the result of mudharib’s business. When the business actor fails to fulfill its obligations to the sharia bank, the guarantee can be used as an effort to anticipate the failure to pay the financing provided. The problems that form the basis of this research is what is the basis of the idea of imposition of collateral in mudharabah financing contract perspective of Law no. 21 of 2008. To analyze the above research question the author uses normative juridical research as a method so that found a comprehensive, systematic, critical, constructive and argumentative answers. Keywords: jaminan, kontrak, pembiayaan, mudharabah, UU No. 21 tahun 2008 tentang perbankan syariah.
ANALISA HUKUM TERHADAP TINDAK PIDANA PENCABULAN ANAK Radisman Saragih
to-ra Vol. 2 No. 2 (2016): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v2i2.1123

Abstract

Sexual abuse is a heinous act and barbarous, especially when sexual harassment occurs in a child under age whose minds are still innocent and do not know about as a result of the disaster that happened. Factors sexual abuse of children under age due to young children innocent and powerless, particularly when dealing with adults, especially parents, brother, uncle, grandfather, teacher or neighbor; the low morality and mentality of the perpetrators; experience of small actors who have been victims of sexual abuse during childhood so as to seek satisfaction performed on small children. That in order to prevent the crime of sexual abuse of children under the public is parents running the communication and emotional attachment to the child; parents give understanding to the children about their bodies and things that should not be done or dirabah by others of the body parts; the existence of coordination among law enforcement agencies on criminal acts of sexual abuse against minors and if convicted the perpetrators given severe sanctions, and if necessary an additional form of punishment gelding to sour people who commit criminal acts of sexual abuse and at the same be a threat to people who intend to do the same criminal offense

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