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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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TINDAKAN KHUSUS BERUPA PEMBAKARAN DAN/ATAU PENENGGELAMAN KAPAL IKAN ASING YANG MELAKUKAN TINDAK PIDANA PERIKANAN DI ZONA EKONOMI EKSKLUSIF INDONESIA Mangisi Simanjuntak
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.v3i2.1155

Abstract

Abstract In the research shows that the rampant illegal fishing causes Indonesia to lose its fish resources around Rp 30 trillion per year. Fishing vessels caught for committing a criminal offense are processed under applicable law. The legal process took so long that many fishing vessels that were moored at the base were damaged while the finished ones and the ship’s court had been auctioned off but in reality the fishing vessel was back to its owner.For the settlement of both the necessary special measures of burning and / or drowning with sufficient preliminary evidence and approval of the chairman of the district court as stated in Article 69 paragraph (1), (4) and Article 76A of Law Number 45 Year 2009 concerning Fisheries . Countries whose fishing boats conduct illegal fishing protest against such special measures and how prevention efforts for fishery crimes can be minimized? Specific acts for fishery crimes committed in ZEE Indonesia shall not be made as they are contrary to Article 73 paragraph (2), Article 194, Article 309 of the UN Convention 1982 (Unclos 1982) and Article 15 of Law Number 5 Year 1983 on ZEE Indonesia And Article 104 Paragraph (1) of Law Number 31 Year 2004 concerning Fisheries that permit fishing vessels to be exempted by a ransom of adequate security deposit, by way of a court application. Such application shall be filed by the ship’s captain and / or his or her representative.If the court rejects the aforementioned redemption application then the legal proceedings will continue and if the ship is not redeemed, the legal proceedings continue and there should also be a statement signed by the ship’s captain or the representative of his country stating that his fishing vessel will not be redeemed. Burning and / or The drowning of foreign fishing vessels committing fishery crimes in ZEE Indonesia can only be done if the case has a permanent legal force. To engage in the burning and / or drowning of foreign fishing vessels committing a fishery crime in ZEE Indonesia requires a new legal norm as described above. Keywords: Special Measures of Combustion and/or Drowning of Foreign Fishing Vessels
PELAKSANAAN KEWENANGAN PENAHANAN TERHADAP DEBITOR PAILIT MENURUT UU RI NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU Jimmy Simanjuntak
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.v3i2.1156

Abstract

Abstract The Indonesian Criminal Code Procedure (KUHAP) provides fundamental legal basis in conducting detention, in concern that the suspect/defendant shall conduct escapement, erasure or destruction of the evidence, or shall conduct recidivism. Law Number 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligation also regulates regarding Detentions towards Bankrupt Debtors on the obligations as Bankrupt Debtors in providing important information/details towards the Administrators, Supervisory Judge, or the Administrators Members concerning the Debtors assets which then shall be managed and settled as bankruptcy assets; however this does not cover the mechanism for detention undertook by the Public Prosecutor evidently appointed by the Supervisory Judge. Keyword: kewenangan penahanan terhadap debitor pailit
PERLINDUNGAN HUKUM DARI KEKERASAN DALAM RUMAH TANGGA MENURUT UU NOMOR 23 TAHUN 2004 L. Elly AM 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.v3i2.1157

Abstract

Abstract The Violence in Family often too difficult to detect and the public paradigm still assume that stuff is internal affairs of the families concerned, the presence of Laws number 23 years 2004 about the elimination of the violence at home, is expected to provide protection for the citizen of the state from the unconfortable sense and as forms of the violence however number of the violence at home in everyday instantly increase. As the Writer will explore how does the role of Laws number 23 years 2004 about exlusion of the violence at home in giving guarantee protections for the citizen of the state especially for them which is a victims of the violence that happened at home. By the question which focused on: Whether it has enough to protect the citizen of the state that being a victim of violence a Home?, and How should be done for decreasing of the number violence case at home that happened in Indonesia? The conclusion that founded by the writer that is principle Laws number 23 years 2004 about removal of the Violence at Home has been enough to provide the protection to the victims and the elementary to the law enforcement. But in its implementation must be done in a way of comprehence and sistematic, not only with the country through the tools of its power and also with the public that supporting the deletion of the violence at Home. Keywords: Perlindungan hukum dari kekerasan dalam rumah tangga
LEGALISASI PENCABUTAN HAK POLITIK TERPIDANA TINDAK PIDANA KORUPSI UNTUK SELAMANYA 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.v3i2.1158

Abstract

Abstract The country will progress if it successfully carries out the development of 2 (two) main factors, namely: “natural resources” and “human resources”. Indonesia, with its abundant natural resources, is not even among the 10 (ten) highest income countries in Asia. This is due to the corrupt behavior of officials (state) in Indonesia by abusing the position or position obtained, one of them through the political process. Such people are no longer fit to return to political office, so their political rights must be revoked. Revocation of political rights is indeed accepted and recognized in Indonesian law, namely in the provisions of Article 28J of the 1945 Constitution and Article 73 of the Human Rights Law which mandates limitations to the provisions of the law. In addition, there are provisions in Article 10 of the Criminal Code jo. Article 35 of the Criminal Code jo. Article 38 of the Criminal Code jo. Article 18 Corruption Law can be carried out by a judge’s decision. Therefore, revocation of the political rights of convicts of criminal acts of corruption can be done forever, provided that they are stipulated in the provisions of the law by including corruption in the category of disgraceful acts. Keywords: pencabutan hak politik, tindak pidana korupsi, perbuatan tercela
PELAKSANAAN BUDAYA HUKUM HAKIM DAN ADVOKAT DALAM KAITANNYA DENGAN PENEGAKAN HUKUM Hulman Panjaitan
to-ra Vol. 3 No. 3 (2017): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i3.1159

Abstract

Abstract Legal culture is a very important element and priority is a concern in relation to law enforcement, That’s not limited to the implementation of the legal culture of judges and advocates as part of law enforcement. The execu- tion and implementation of the legal culture of each law enforcement apparatus, including judges and advocates have not become a serious concern. What has become a code of ethics as a guideline for behaving for judges and advocates has not inspired and integrated in the life and behavior of a judge and advocate in carrying out their duties and responsibilities. Therefore, for enforcement of the law and justice, presumably this legal culture as one of the most important elements in the legal system must befully applied and implemented by each law enforcement apparatus. Keywords: the legal culture; judges and advocates; law enforcement.
PERAN PEMERINTAH DALAM MENGANTISIPASI TERJADINYAPERSAINGAN USAHA TIDAK JUJUR BERDASARKANUNDANG-UNDANGNOMOR20TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Muhammad Ferdian
to-ra Vol. 3 No. 3 (2017): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i3.1161

Abstract

Abstract Business competition is often found whose business competition is dishonest, especially towards trademarks. In terms of minimizing the occurrence of violations of unfair business competition, the government has a very im- portant role. The government needs to conduct socialization related to fair business competition on trademarks, by: conducting education, campaigns, providing understanding, providing training for of cers in the Directorate General of Intellectual Property, inviting the public in the ght against counterfeiting and imitation, and the exis- tence of monitoring, evaluation , and fostering by the Directorate General of Intellectual Property or the Business Competition Supervisory Commission (KPPU) and conducting strict reprimands and legal sanctions for business actors who continue to violate their business activities and are proven, then Law Number 20 Year 2016 concern- ing Trademarks and Geographical Indications , speci cally regulates the provision of criminal sanctions that are included in the provisions of Articles 100 and 102. Keywords: business competition; dishonest; KPPU; legal sanctions.
PERLINDUNGAN HUKUM PERSAMAAN HAK ASASI PEREMPUAN DALAM MENINGKATKAN PEREKONOMIAN INDONESIA Wiwik Sri Widiarty
to-ra Vol. 3 No. 3 (2017): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i3.1162

Abstract

Abstract The struggle of women in achieving equality and justice has been carried out long ago, whether in the economic, social, cultural, and political aspects, in fact it has not been able to raise the dignity of women to be equal to men. Various laws and regulations governing women's rights include those implied in the Convention on Elimination of All Forms Discrimination Againts Women (CEDAW), namely the rights possessed by a woman, both because she is a human being and as a woman. Even though CEDAW has been rati ed, there are still discriminatory regulations, such as the Investment Law, Marriage Law, the Law on Placement and Protection of Overseas Workers, the Citizenship Act, and other Regional Regulations. Therefore, legal protection of women's human rights is very important, for women whose rights have been violated, especially since there are many cases of female labor violence working to help improve the family economy abroad. Keywords: legal protection; women's human rights; female labor violence .
KEABSAHAN KEGIATAN DISTRIBUTOR DALAM PERSFEKTIF HUKUM PERDATA Thomas Abbon
to-ra Vol. 3 No. 3 (2017): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i3.1163

Abstract

Abstract About distributors can be stated that up to now there has not been speci cally regulated provisions regarding distributors. The provisions regarding agency and distributor tend to be regulated in various regulations, which do not clearly distinguish the position, duties and functions between the agent and distributor. In order to create a conducive climate in the eld of economic activity, especially marketing activities, it is necessary to speci cally regulate everything related to agency and distributor activities by providing a difference between agents and distributors. Keywords: speci cally regulated; agency and distributor; marketing activities.
PERBUATAN MELAWAN HUKUM DALAM PENAGIHAN UTANG KARTU KREDIT OLEH DEBT COLLECTOR DAN PERTANGGUNGJAWABAN BANK Nanin Koeswidi Astuti
to-ra Vol. 3 No. 3 (2017): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i3.1164

Abstract

Abstract Consumer nancing business in the form of Credit Card as a form of less cash society is developing in Indonesia has even become a culture in modern society coupled with the support of fast payment system, safe, ef cient and reliable, smoothness in payment, providing legal certainty for the community in doing transaction, but consumer nance business though very attractive but does not mean this business has no risk at all, as credit giving, the risk will still exist at the time of stalled payment of credit card arrears by consumers. In the event of a consumer credit crunch, banks usually use debt collection services known as debt collectors. Often debt collectors in doing debt collection services work unprofessionally even sometimes tend to do acts against the law, so it will cause harm to customers and credit card issuing bank, because it is not in accordance with what is expected. Keywords: payment system; Credit Card; debt collectors; accordance.
MANFAAT PEMBINAAN BAGI NARAPIDANA SAAT MENJALANI PIDANA PENJARA Petrus Irwan Panjaitan
to-ra Vol. 3 No. 3 (2017): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i3.1166

Abstract

Abstract Consumer nancing business in the form of Credit Card as a form of less cash society is developing in Indonesia has even become a culture in modern society coupled with the support of fast payment system, safe, ef cient and reliable, smoothness in payment, providing legal certainty for the community in doing transaction, but consumer nance business though very attractive but does not mean this business has no risk at all, as credit giving, the risk will still exist at the time of stalled payment of credit card arrears by consumers. In the event of a consumer credit crunch, banks usually use debt collection services known as debt collectors. Often debt collectors in doing debt collection services work unprofessionally even sometimes tend to do acts against the law, so it will cause harm to customers and credit card issuing bank, because it is not in accordance with what is expected. Keywords: payment system; Credit Card; debt collectors; accordance.

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