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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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PEMBERANTASAN TINDAK PIDANA KORUPSI DAN DIMENSI SISTEMATIK HUKUM KHUSUS Nopsianus Max Damping
to-ra Vol. 4 No. 1 (2018): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i1.1168

Abstract

Abstract The legal politics of eradicating corruption in Indonesia has long been applied. This can be traced through a track record that begins with enforcement corruption eradication regulations around 1950, even then still in a limited scope, but at least in it has begun awareness arises about the importance of efforts to eradicate corruption. The rules on combating corruption rst appeared through regulations Ruler of War from Army Chief of Staff on April 16, 1950. No.Prt / Peperpu / 013/1958, and from the Navy Chief of Staff on April 17 1958. No.Prt / Z.I / 17. June 9, 1960. Second rule from the authorities this war, was later declared declared a Government Regulation In lieu of Law No. 24 Know 1960 about "Investigations, Prosecution, Corruption Investigation. Then there was reform welcomed by the community, and all components of the nation, to encourage a thorough renewal in the legal eld, and the government immediately undertook Amendments to a number of laws and regulations - especially regulations who took part in KKN, and one of them was the Law concerning Eradication of Corruption, Law No. 31 of 1999 concerning Eradication of Corruption Crime. Keyword: corruption crime; eradicating corruption; legal politics; KKN.
USAHA MASYARAKAT MENCEGAH KEJAHATAN Petrus Irwan Panjaitan
to-ra Vol. 4 No. 1 (2018): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i1.1169

Abstract

Abstract Prevention is better than overcoming, efforts to prevent crime by relying on the potential of the community is a big advantage for the creation of effectiveness and ef ciency of crime prevention and mitigation. The rise of crimes that occur in society is a social reality that cannot be denied, crimes not only worry the government also threatens the sense of security for every member of the community. Evil arises and develops in the midst of society, it is even a product of a heterogeneous society, because it is not possible to be destroyed but can only be prevented. Efforts to prevent crime can be done through a social approach by focusing on the role of individuals and members of the community, protecting yourself by not letting go, not providing stimulation will be effective in preventing crime. Keywords: Prevention of crime; mitigation; societ; security.
PELAKSANAAN PUTUSAN ARBITRASE DI INDONESIA Hulman Panjaitan
to-ra Vol. 4 No. 1 (2018): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i1.1170

Abstract

Abstract Dispute resolution through arbitration has many bene ts, so that the parties prefer to settle their dispute through an arbitration body compared to general justice which requires a long time and relatively large costs. Encouraged by this awareness and future preparations, the Indonesian government has issued Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This law has regulated how the proceedings before arbitration and the procedure for implementing the award, both national and international in nature. Keywords: arbitration; Indonesian government; UU No. 30 Tahun 1999; regulation.
PENAHANAN DAN PENANGGUHAN PENAHANAN DALAM TEORI DAN PRAKTEK Thomas Abbon
to-ra Vol. 4 No. 1 (2018): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i1.1171

Abstract

Abstract The issue of upholding the rule of law is a chore that must be resolved by the current government. The state and nation have been disadvantaged from all aspects, because in the end the harassment of the law has given rise to corruption, collusion and nepotism. One of the things that stands out about law enforcement is the issue of detention and suspension of detention and sentencing that has to do with detention. The problem of detention and the detention in practice so far has been widely distorted by unscrupulous law enforcers and this institution has become an "open business arena". Detention and suspension of detention is actually a legal effort, which aims to realize the enforcement of the law itself, because detention is only allowed as long as there is suf cient preliminary evidence, and detention is solely in order to facilitate investigation / examination and besides that detention is also intended as protecting the suspect / defendant from violence / other people (eigenrichting). The suspension of detention should be able to be given to every suspect / defendant who provides guarantees according to the law, unless otherwise speci ed in certain cases. In addition there is another side of the Criminal Procedure Code which determines that detention is part of punishment, so it has become a habit in practice that if a suspect / defendant who was originally detained "must be sentenced" .From the facts that are decomposed in the past this has brought a a very dif cult situation to nd out who really deserves detention or suspended detention and it turns out everyone is nally able to pay "anything" to release himself from the snare of detention even though it should not be his right. Keywords: rule of law; corruption, collusion, and nepotism; legal effort.
KEBEBASAN BERTINDAK ADMINISTRASI NEGARA DALAM NEGARA HUKUM MODERN I Dewa Ayu Widyani
to-ra Vol. 4 No. 1 (2018): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i1.1172

Abstract

Abstract In a modern law state, freedom of the state administration or government to act that is not creating abuse of power, it therefore should be limited. Unagainst the existing law system, enacted in urgent situation for public purposes and implemented in proper government ethical basis. Keywords: modern law state; administration; government, abuse of power.
PENERAPAN UNDANG-UNDANG NOMOR 13 TAHUN 2006 SEBAGAI BENTUK HUKUM YANG BERSIFAT RESPONSIF (TINJAUAN KASUS PELECAHAN PASIEN OLEH SEORANG PERAWAT) Rospita A. Siregar
to-ra Vol. 4 No. 2 (2018): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v4i2.1173

Abstract

Abstract The responsive nature of the law according to Philippe Nonet and Philip Selznick aims to achieve competence in order to obtain a sense of justice and meet the expectations of the community, not merely offering procedural justice but substantive justice. The formation of Law number 13 of 2006 concerning Protection of Witnesses and Victims (UUPSK) as a product of regulations that are subordinate to the principles and policies of the government was born as a form of rule of law in society. The results obtained from the testimony of witnesses and victims helped the prosecution of a case. Article 3 states that the protection of witnesses and victims is based on respect for human dignity, security, justice; non-discriminatory and legal certainty. The problem is when witnesses and victims provide information, fear and trauma arise to explain what happened, so that witnesses need protection for themselves and their families. In the case of the abuse of female patients by male nurses in hospitals in East Java, as a result of this unpleasant treatment, the victim’s husband reported to the authorities, the victim’s family demands a form of hope for law enforcement and subsequently obtained justice and legal certainty. The legal process to determine whether a claim is proven in the form of a violation of the law, then there are two elements that must be ful lled namely: the actus reus element or the essential element of crime and mens rea (mental element). Keyword : legal certainty; UUPSK; non-discriminatory; violation of the law.
HUBUNGAN HUKUM ANTARA NASABAH PENYIMPAN DANA DENGAN BANK DALAM PRESPEKTIF HUKUM PERJANJIAN DI INDONESIA Hendri Jayadi; L. Elly A. M Pandiangan
to-ra Vol. 4 No. 3 (2018): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The legal relationship between the customer and the bank occurs after both parties sign an agreement to utilize the service products offered by the bank. Every bank product always has provisions offered by the bank. The agreement between the customer and the bank is binding. The customer, as the depositor of the funds, saves his funds in the bank and gives the bank freedom to manage the money or the funds it holds. The legal relationship between banks and customers is regulated in Article 1 paragraph (5) of Law no. 10 of 1998, set forth in the form of an 'agreement' or 'contract' must use the four principles of duciary relation principle, prudential principle, secrecy principle, and know how customer principle. So that the customer relationship with the Bank is about law and trust. Keyword : customer; bank depositor; prudential; law and trust.
PEMBENTUKAN BINTARA PEMBINA POTENSI MARITIM DI POS ANGKATAN LAUT PERSPEKTIF HUKUM MARITIM Mangisi Simanjuntak
to-ra Vol. 4 No. 3 (2018): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Maritime is a source of energy, a source of food and as a source of wealth as well as means of transportation and defense media that must be developed and maintained and secured for the bene t of the nation and the people of Indonesia. For the development, defense and security of the maritime potential, it is necessary to increase all work units in the agencies engaged in maritime potential, especially the Navy outpost. However, all of them do not have personnel or Maritime Potential Builders who are able to sharpen the implementation of the tasks of fos- tering human resources and developing natural resources in maritime potential through social communication methods, fostering regional resilience and social services. Faced with the increasingly complex problems and the growing challenges of developing all the more effective maritime potential in achieving the goal of making Indonesia a global maritime axis. Keyword : maritime; defense and security; the Navy; natural resources.
MENJAGA INDEPENDENSI MA DARI KEKUASAAN PEMERINTAH MAUPUN KEKUASAAN LAINNYA Poltak Siringoringo
to-ra Vol. 4 No. 3 (2018): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

The 1945 Constitution article 24 paragraph (1) power is exercised by a Supreme Court and others The Judiciary according to the law and the Elucidation of the 1945 Constitution is said: Judicial Power is an independent pow- er, meaning that it is independent of government authority. However, in 32 years the New Order government was in power, the independence of the Supreme Court and judicial authority were put in place, the Supreme Court as a judicial institution in carrying out its duties was always in uenced by the government (in uenced by executive power). Thus what was started in the explanation of the 1945 Constitution above, namely judicial power is an independent power or a power that is independent of government power is not carried out according to the law, but is carried out according to the wishes of the Orde Baru Era. Keyword : constitution; guaranteed; supreme court; Orde Baru Era; executive power.
PAJAK DAN ASPEK HUKUM PERDATA Hulman Panjaitan
to-ra Vol. 4 No. 3 (2018): Desember
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Taxes can be studied or analyzed from various disciplines, including law. Tax talks from the point of view of law are called tax laws. Civil law aspects, are a big part of tax law. Tax is an engagement. Many institutions con- tained in binding law as regulated in book III of the Civil Code are used in tax law. Keyword : taxes; tax laws; regulatation tax.

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