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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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Gugatan Class Action dalam Hukum Perlindungan Konsumen Wiwik Sri Widiarty
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1135

Abstract

Abstract First time of the many cases that harm the interests of consumers as well as to the need for information and the development of knowledge in the field of law today is known as the class action, the Government, and Dewan Perwakilan Rakyat give attention to consumers in Indonesia. Provisions governing Class Action contained in Law No. 32 Year 2009 on Protection And Environmental Management, and Law No. 8 of 1999 on Consumer Protection, and also law PERMA No.1 Year 2002 on Proces Class Action. In order to demand justice for the consumer losses caused by the business, the consumer has the right to demand their rights as set out in the Consumer Protection Act, that the dispute mechanism can be chosen voluntarily by the parties to the dispute, namely through the courts or out of court. The class action suit is a civil lawsuit filed by a group of people who have an interest in a similar problem, either one or more of their members to sue or be sued as representative of the group without any members of the group are involved directly in the judicial process. In connection with this there is the benefit of a class action lawsuit in consumer disputes in court, but to fight for their rights, the principle litigants with simple, fast, and low cost, and the determinants that be a reason to be eligible class action, both in practice as well as in its implementation. Kata Kunci: Gugatan Class Action
KESENJANGAN ANTARA ACUAN YURIDIS NORMATIF DAN KENYATAAN SOSIAL DALAM PERLINDUNGAN HUKUM TERHADAP PEKERJA MIGRAN Rr Ani Wijayati
to-ra Vol. 1 No. 3 (2015): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i3.1136

Abstract

Legal protection of migrant workers in Indonesia are spread in many legal instrument including national laws, international convention and diplomatic agreements but there is not law or regulation that specifically regulates and recognizes the existence of formal implement homework that implicates protect.UU.No.39 Tahun 2004 was not sufficient to provide protection and acces.At the level of policy or implementation of this legislation is positioned migrant workers as a commodity in the form of provision of cheap labor for employers and not the protection of migrant workers Kata Kunci : Acuan yuridis, perlindungan hukum, buruh migran
ASPEK HUKUM PENILAIAN HARGA YANG WAJAR DALAM PERTUKARAN BARANG Henry Donald Lombantoruan
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1137

Abstract

Abstract One of the main principles to ensure economic transactions more efficient and effective is the principle of justice felt by the economic actors. The principle of justice can only be realized if each economic actor mutually agreed upon value (value) of goods and services as well as the currency unit in every economic transaction. In other words, the exchange of (exchange) would not happen if there is no agreement on the value of the underlying economic exchange. In this case, efficient or not an economic system will be determined by how objects are interchangeable assessed. Conditions ‘over-valued’ or ‘under-valued’ of object-exchange will certainly make the transaction does not run efficiently and optimally. Conditions ‘over-valued’ will be very detrimental to consumers and profitable producer or seller. The difference in prices due to ‘over-valued’ is a reflection of the inefficiency of an economy, because consumers should get cheaper products and services. Exchange process in a transaction that took place between economic actors was based on the agreement the fair value of the goods and services both private and state. Fair value (fair value) is basically a reflection of the market value (Market value) of assets. When the fair value opinion generated by the Valuer carried out correctly, of course, will increase improve the quality of financial statements. This is because the value of corporate assets truly reflect the conditions (market value) up to date, so that the company’s assets will not be reported undervalued or overvalued. The problem is, until now we have not had conditions governing special assessment. No new judging partially regulated in the Capital Market Law, Banking and Insurance. In the case there are still many areas that need adjustment of business judgment. The question is, what arrangements benefit assessment? Kata kunci: Aspek Hukum Penilaian Harga Wajar
PEMBERDAYAAN ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN DALAM PERSPEKTIF POLITIK HUKUM Gindo L. Tobing
to-ra Vol. 1 No. 3 (2015): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i3.1138

Abstract

Arbitration is not well known, especially by the workers/laborers because of lack of internalization by the government, trade unions/workers and by employers. So until now there has been no industrial disputes are resolved through arbitration. With a variety of reasons the parties prefer the Industrial Relations Court (PHI) rather than arbitration and other settlement alternatives (conciliation) even prescribed pattern that justice can only be obtained through the courts alone. Changing the paradigm so that people do not always think only through PHI, justice and legal certainty can be obtained (justice in many rooms) arbitration should be empowered to propose improved regulation (amendment through MK), the institutional approach, culture, law. Model arbitration offered so-called Arbitration Pancasila because at each stage of the examination should be preceded by consensus, peace. Legal political perspective of stakeholders will give birth to the dispute settlement mainstreaming regulation on fairness, expediency and legal certainty through arbitration institutions.Kata Kunci: Pengadilan Hubungan Industrial, Pemberdayaan Arbitrase, Model Arbitrase dan Perspektif Politik Hukum
PENGGUNAAN KARYA CIPTA MUSIK DAN LAGU TANPA IZIN DAN AKIBAT HUKUMNYA Hulman Panjaitan
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1139

Abstract

Abstract Copyrightis avery important part of Intellectual Property Rights, especially inthe field of creative works of musicandsong;the infringement is very alarming and serious in Indonesia.Copyright is an exclusive right or special right which means that other people cannot take advantage of economic rights of creators on his creations without prior approval of the legal creators or copyright holders.The consequence is in each use of music for commercial businesses and or interests related to business activities/commercial purposessuch ascafes, hotels, restaurant sands of orthmust firstask approval from thecreators or copy right holders on the use of the music creation. Kata Kunci: Pengggunaan Karya Cipta Tanpa Izin
PENGAKUAN HUKUM TERHADAP HAK ULAYAT MASYARAKAT HUKUM ADAT Hidayat Hidayat
to-ra Vol. 1 No. 3 (2015): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i3.1140

Abstract

Recognition of the existence of customary rights by Article 3 of the Basic Agrarian Law is a natural thing, because along with the customary rights of indigenous communities have existed before the formation of the state of Republic Indonesia. However, many cases of communal land which arise in the regional and national scale, will never obtain settlement completely without any objective criteria necessary as a benchmark determinants of the existence of customary rights and their implementation. Criteria for deciding about the existence of customary rights is composed of three elements, namely the existence of a particular customary law community, the presence of certain customary rights into the environment and the purpose of taking the lives of indigenous people, and the existence of customary law regarding the maintenance of order, control and use lands which apply and be adhered to by the indigenous peoples. Metode of reserach is juridis normative. The results of reaserach shows that there is no regulatory of customary right, and the rule is still from the society. The rule of customary right can be gap to customary rights, in fact lowest.Kata Kunci : Pengakuan hukum, Hak ulayat Masyarakat Hukum Adat
URGENSI PERATURAN PEMERINTAH TENTANG PERDAGANGAN ELEKTRONIK DALAM KAITANNYA DENGAN PENERAPAN PAJAK PADA TRANSAKSI E-COMMERCE Nanin Koeswidi Astuti
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1141

Abstract

Abstract E-commerce is a trade in goods and services via the Internet or other electronic means. Legally e-commerce transactions without knowing the geographic boundaries will cause a lot of problems in practice in the field on the issue of taxation of income from e-commerce transactions conducted. Whether existing tax provisions currently supports e-commerce transactions and whether the urgency of government regulations on electronic commerce to taxation on e-commerce transactions. This study is a literature review with descriptive design. The results showed that the existing tax provisions not support e-commerce transactions themselves. Regarding the determination of an e-commerce transaction is considered to have a permanent establishment (BUT) in relation to the subject of taxes, UU RI No. 36 year 2008 Article 5, paragraph (1) letter p on permanent establishment, but this provision is not complete because it has not explained in specific about the types of e-commerce transactions as recommended in the OECD TAG that there are 28 types of transactions that most of the e-commerce transactions generate revenues and royalties. Seeing the enormous potential state revenues from the sector income tax taxpayers in e-commerce transactions that, then the urgency of government regulations on electronic commerce to taxation on e-commerce transactions should be enacted so happens legal certainty in e-commerce transactions and government as authorities levy taxes. But before electronic trading RPP passed into government regulation, should DJP need more in-depth assessment of the contents of RPP with related parties transactions involving e-commerce. Kata Kunci: Penerapan Pajak Elektronik dan Transaksi E-Commerce
KORELASI ANTARA KETERSEDIAAN LAPANGAN KERJA, SISTEM PENGUPAHAN DAN PEKERJAAN SEKTOR INFORMAL Gindo L. Tobing
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1142

Abstract

Abstract Labor issues in Indonesia is an issue that over the years have always not solved because of the amount of labor in comparison with job availability is not balanced. Besides the problem of limited employment, are compounded by the low wages of workers/laborers in our country. Wage system still uses the term minimum wage is not worth living needs. The informal sector and transmigration may be one solution for the provision of jobs. Kata kunci : Upah dan Pekerja Sektor Informal
ASPEK HUKUM BISNIS DALAM PENGEMBANGAN PENGELOLAAN PARIWISATA DI PULAU-PULAU KECIL Aartje Tehupeiory
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1143

Abstract

ABSTRACT The main problem related to tourism region utilization in the bussiness legal aspects is related to the development and the management of tourism in the region of small islands. Understanding the legal aspects of land will determines the success or failure of the development and management of tourism in the region of small islands. And by understanding the legal principles concerning cooperation, business agreement, tourism area management, specific clauses in the agreement and other things associated with any agreement form, we can say that all of it must be returned on the purpose of article 33 paragraph (3) of the 1945 Constitution to prosperity and justice for the people. Kata Kunci: Pembangunan, Pengelolaan Pariwisata
ANALISIS HUKUM TERHADAP HAK-HAK ATAS TANAH SEBAGAI JAMINAN HUTANG DENGAN DIBEBANI HAK TANGGUNGAN I Dewa Ayu Widyani; L. Elly AM Pandiangan
to-ra Vol. 1 No. 2 (2015): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v1i2.1144

Abstract

ABSTRACT The right on land as debt insurance be burdened by the right of burden as be mentioned in Article 51 only involve the right of ownership, the right of building usage. Because of the validation of the validation of laws about the right of burden as be arranged in Laws No. 4/1996, the right of usage is the right which is be registered and because its characteristics can be taken oven so that can be burdened by the right of burden. It is also can be done to the building on the land which is obligate to be registered and because its characteristics can be taken over so that can be burdened by the right of burden. Of course it is also to the building on land which different of its ownership whereas the principle of horizontal i of custom law, that become basic of UUPA, can be burdened by the right of burden. Kata Kunci:Hak-hak atas tanah yang dapat dibebani hak tanggungan.

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