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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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Eutanasia dan Hak Asasi Manusia Rospita A. Siregar
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.v1i3.1145

Abstract

A patient who is suffering from terminal illness and an incurable condition has the possibility to propose to end his/ her life by lethal injection or suspending the medical treatment. This practice is known as euthanasia. Euthanasia is forbidden because it is categorized as homicide and consequently the perpetrator is punishable by criminal law. This reviewdiscusses (1) How is euthanasia legislation in Indonesian positive laws (2) How is euthanasia viewed from human rights perspective (3) How euthanasia is eligislated and conducted in some European countries. To analyze the afore mentioned problems, the writer conducts research by legal normative approach which is implemented in the thorough study of written regulation, official documents and related literatures. The writer finds tha Euthanasia is regarded as criminal act in Indonesia because it is a form of crime against life which stipulated in the Article 344 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/ KUHP):”Anyone who takes life of others which is clearly done with an intention is punishable by imprisonment for maximum twelve years”. The Declaration of Human Rights has stipulated the “right to life” which is fundamental and inherent in the nature of human being, universally acknowledge and an eternal endowment from The God. However, there are no any stipulations on-- the right to die and therefore euthanasia is a violation of human rights and against the principle of believing in one God. But, the right to die is already stipulated in some laws of developed countries, such as some countries in Europe
ANALISIS HUKUM TERHADAP PERLINDUNGAN KONSUMEN PRODUK PASAR MODAL DI INDONESIA Hamzah Hamzah
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.v1i2.1146

Abstract

Abstract Consumer protection is an important issue in commercial domain. Consumer goods and services should have been protected. The most known is consumer goods protection. This article deals with consumer securities protection. Consumer securities protection has been applied in United States due to financial crisis, including fraud. Indonesia has experienced one of tremendous financial fraud in Bank Century-Antaboga. The case shows that separated surveillence on financial industry has weakness, instead of the integration of financial industry. The role of authority is influential in governing banking-securities industry. In Bank Century-Antaboga case give us a factual absence of disclosure in offering and selling the securities instrument. Otoritas Jasa Keuangan (OJK) should play its role to the application of disclosure principle, otherwise the Bank Century- Antaboga case will occur again. Kata Kunci: Perlindungan Konsumen, Produk Pasar Modal, Otoritas
KEPASTIAN HUKUM SISTEM PUBLIKASI DALAM PENDAFTARAN TANAH DI INDONESIA MENURUT UU RI NOMOR 5 TAHUN 1960 TENTANG POKOK-POKOK AGRARIA I Dewa Ayu Widyani
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.v1i3.1147

Abstract

The purposes of this paper is in order to know about the publication system in enrolling the land that be followed by Indonesia and the form of law protection that can be given to the holder of right. From the description of the writing can be concluded whereas the publication system in enrolling the land is the negative system that contain of positive element. In solving about the weakness of this publication system, so be decided in PP24/1997 Article 32 point (2) namely in the matter about the land that have been issued its certificate on behalf of someone or the law institution that getting it by the good willingness and factually master it, so that the other party who feel have an authority of such land, cannot claim again about the implementation of it right. If in term of time about five (5) years during be issued the certificate do not applied the objection.
PENGUATAN KEWENANGAN DPD RI DALAM BIDANG FUNGSI PENGAWASAN Muchtar Pakpahan
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.v1i3.1148

Abstract

DPD as the state institution that be created from the spirit of reform in order to make the development of of local area fast or rapid as same as the house of representative and president so, DPD also must have an authority in discussing the draffy of laws mainly that related to the autonomy of local area , relation between the national and local area, the establishment , the enlargement, and the merger local area, the management of nature resource and other economic resource.Kata kunci: Penguatan kewenangan DPD RI
RELIABILITAS KETENTUAN LAHAN FAKTOR PRODUKSI PERTANIAN UU RI NOMOR 5 TAHUN 1960 TENTANG POKOK-POKOK AGRARIA DALAM ZAMAN KONTEMPORER Manuasa Saragi
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.v1i3.1149

Abstract

Legislation No.5 Year 1960 about Agrarian promises to treat the land for fulfilling basic need and pros- perity improvement of nationals, and also build nation (energy) power. The State of Indonesia has authority to do many such planning, using and determining the distribution of land for pursuing the greatest wealthy to individually and collectively, and building the nation and state power. Indonesia citizen can have a right to land determined by state regulation or derived from adat law. Factually, the land tends to accumulate in the hand of conglomerates, causes the chance of individually using the sufficient land to be hindered. In this rese- arch, the provisions about farming production factor was researched in legal normative method with question ‘in what extend the provision of production factor of farming in legislation could be realized’. The result of the research, the provision itself not much implementing, one of causes is that the provision not so strong enough for selfcompleting its task. One policy to redistributing land in accordance with more fair manner should be done/considered immediately by government to heal the condition.Kata Kunci: Realibilitas, Ketentuan lahan produksi, Hak perorangan atas tanah; ketentuan faktor produksi pertanian; kemakmuran sebesar-besarnya.
Dewan Perwakilan Daerah dan Kewenangannya dalam Sistem Ketatanegaraan Republik Indonesia Hulman Panjaitan
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.v1i3.1150

Abstract

Dewan Perwakilan Daerah Republik Indonesia (DPD RI) was born as a result of reform on Amendment 1945 Constitution, for the needs to answer matters relations central and regional. The constitution orders to keep NKRI, that is acted upon by the provision of regional autonomy. DPD, as a state institution,which born from reformation spirit to speed up the development so should also as parliament and the president also have the authority to discuss the bill, particularly those relating to regional autonomy, the center and regions, formation, segregation and amalgamation regions, the management of natural resources and other economic resources and related financial balance center and regions, like the one in article 22D constitution 1945 and supported by verdict MK Number 92 /PUU-X /2012 and verdict MK number 79/PUU-XII/2014.Kata Kunci : Dewan Perwakilan Daerah, Sistem Ketatanegaraan Republik Indonesia
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

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