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DE'RECHTSSTAAT

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Published by Universitas Djuanda Bogor

ISSN : 24425303 EISSN : 25499874 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

JURNAL HUKUM "DE'RECHTSSTAAT" adalah Jurnal Hukum yang diterbitkan oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Djuanda Bogor. Terbit pertama kali pada bulan Maret tahun 2015, dan terbit secara berkala 2 kali dalam satu tahun yaitu pada bulan Maret dan September, penggunaan nama "DE'RECHTSSTAAT" dalam jurnal ini disesuaikan dengan sistem kenegaraan bangsa Indonesia yang berasaskan sebagai negara hukum. "DE'RECHTSSTAAT" merupakan tinjauan/kajian berbagai aspek ilmu pengetahuan dibidang hukum yaitu berupa hasil karya ilmiah baik secara ius costitutum dan ius costituendum.

Arjuna Subject : -

Articles 148 Documents

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INFLUENCE OF LEGAL AWARENESS EDUCATION PASSES CROSS ON TUDENTS AGAINST TRAFFIC ACCIDENTS IN BOGOR CITY POLICE BASED ON LAW NO. 22 OF 2009 ON TRAFFIC AND ROAD TRANSPORTATION Devyra Pravitasari; Ani Yumarni; Inayatullah Abd. Hasym
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Traffic is education through direct practice. In contrast to education in schools or upgrading which only emphasizes the planting norm verbally. Many students in the city of Bogor who do not know the ethics in traffic. If this continues, the number of accidents will continue to rise. Thus indispensable integrating traffic ethics education into the school curriculum so that the students know and apply traffic ethics. Provision of material ethics not only ethics in everyday life, but also traffic ethics material delivery is also very important for safety in road traffic. The fate of our nation is in the hands of young generation, thus expected our nation better and comply with the law. Legal research is a process of finding the rule of law, principles of law, as well as legal doctrine in order to address the legal issues at hand. The conclusion from this study is Increased legal awareness of traffic to the students of Bogor City through education traffic based on Law Number 22 Year 2009 regarding Traffic and Road Transportation conducted Unit Dikyasa Police Bogor City is to run learning programs traffic theoretically about safety traffic. The program is carried out with the planting of knowledge about traffic safety in the classroom, giving a brief training, simulation, and workshops, then students can practice it when he left and came home from school. In addition Dikyasa Unit Bogor City Police to raise awareness of traffic laws against students Bogor implement: a) Socialization of Law Number 22 Year 2009 regarding Traffic and Road Transportation; b) traffic education to educational institutions; c) Police go to campus; d) safety program ridding; e) Saka Bhayangkara traffic, and f) Installation of banners orderly traffic in the streets, government agencies, and educational institutions. of traffic education programs on legal awareness of high school students in the city of Bogor is a reduction in the level of traffic offenses committed by students as well as the declining number of traffic accidents among students, as well as increased compliance and understanding of students about the signs, markings and traffic ethics.

DISPUTE SETTLEMENT OF INDUSTRIAL RELATION OF PT. HAENGNAM SEJAHTERA INDONESIA IN THE MEDIATION STEP OF DINAS TENAGA KERJA OF KABUPATEN BOGOR Omon Remen; Endeh Suhartini; ani yumarni
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Importance of law development Indonesia especially about law of labor will bring a positive issue for industriaI people. Industry as a one of economic center should have regulation to resolve conflict happens within production process. This research is to know the solution of industrial relation conflict which is done by labor union, based on Law No. 2 of 2004 about Industrial Relation Dispute Settlement, to advocate dispute The method for this research is by using normative empirical approach towards Laws and regulation, or literatures and field study to one of the private companies in Kabupaten Bogor. Conclusion of this research is that procedures to settle the dispute of industrial relation done by labor union in accordance with Law No 21 Tahun 2004 are: 1) Bipartite negotiation. 2) Authorized institution of manpower (mediation, conciliation, and (arbitration). 3). Industrial Relation Courts

LEGAL PROTECTION COPYRIGHT OF BULDING OF CULTURAL HERITAGE ARCHITECTURE (CASE STUDY OF ARCHITECTURAL ARCHITECTURE BUILDING IN CITY OF BOGOR) Nurwati SH., MH.; Jacobus Jopie Gilalo
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The change / delineation of buildings of cultural heritage architecture in Bogor City is not based on technical consideration, more on benefits and economics, and it is not in accordance / contrary to the provisions of Copyright Act No. 28 of 2014 on architectural works only allowed technical considerations. As the factor causing the nuance of the copyrighted works of cultural heritage architecture that many of the cultural heritage buildings that have moved from the first owner so that many in the total fox architecture of cultural heritage buildings that are also less effective legislation that brings people aware, because less socialization of legislation, the implementation of relatively light sanctions, lack of attention of local government in conservation efforts to the works of cultural heritage architecture. Due to the considerable cost. Efforts made to overcome the changes to the cultural heritage architectural work is to conduct good cooperation and coordination between institutions and related apparatus, to re-register and register in order to have the law, to give more severe sanction and firm, empower the buildings for example by way of functionalizing the building , increasing the role of architecture. This research is applicable law against culture heritage culture in Bogor city not yet implemented by law of Cultural Heritage and Copyright Act.

ENVIRONMENTAL POLLUTION AND DAMAGE CONTROL THROUGH MANAGEMENT OF LICENSING AT THE REGIONAL LEVEL Mulyadi Mulyadi; Fahrul Siregar; Inayatullah Abdul Hasyim
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The objectives to be desired in this study are to analyze and assess control to pollution and environmental damage through management of permits in Bogor Regency, and explain administrative claims for business licenses and/or activities that have already been revoked, if the business already has a business license and/or activity is not in accordance with Article 121 of the Environmental Protection and Management Law. One of the instruments in an effort to prevent pollution and environmental destruction is environmental permits, as stipulated in Article 1 point 35 of Law No. 32 of 2009 which is then regulated in Government Regulation No. 27 of 2012 concerning Environmental Permits. In this provision there are two types of permits, namely environmental permits. The research method used is an empirical normative juridical research method with the consideration that the starting point of the research is analysis of legislation governing licensing. The results of this study illustrate that environmental permits are one of the instruments in efforts to prevent pollution or damage to the environment, to realize the goals of environmental protection and management, especially in the use of the environment associated with environmental permits. Implementation and enforcement of permits will affect the pollution and damage to the existing environment. Therefore local governments are required to enforce environmental law in implementing policies or licensing related to the environment, even if various efforts need to be made, including revocation of licenses and use of criminal channels for those who do not heed destruction and pollution.

CONSIDERATION OF PANEL OF JUDGES IN THE CASE OF JOINT PROPERTY AGREEMENT TOWARDS POLYGAMOUS MARRIAGE INRELIGIOUS COURT OF CIBINONG CLASS 1B Gina Yunita
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

A man who has more than one wife is called polygamy. A polygamy often creates legal uncertainty about joint property. The purpose of writing this thesis is to analyze the legal certainty of joint property in polygamous marriage. The research method which used in this paper is Juridical Research Methods with Sociological Approach (Empirical). Authority of the Cibinong Religious Court in examining the case of the joint treasure agreement in polygamous marriage, the Muslim husband who wishes to have more than one wife is required to apply for polygamy permission to the Religious Court under the conditions as set forth in Article 4 and Article 5 of Law Number 1 Year 1974 about Marriage. Regarding the petition for polygamy permit, it is combined with a joint property appointment request which filed by a spouse or husband who files a joint property agreement reconvention. A married husband of more than one person is governed in Article 94 of the Compilation of Islamic Law and the separation of joint property separated in the mediation room, this agreement is made or before or at the time of marriage takes place, which then authorized by religious affairs office (KUA) for Muslims and may be signed before the notary. The consideration of the Panel of Judges about the joint property agreement in polygamous marriage is seen only through evidence at that time which causing injustice to the first wife since there is no explicit law that regulates t the distribution of joint property in polygamous marriage. Therefore, we need protection of law which is preventive and repressive

REGULATION OF NON SMOKING AREAS IN LOCAL GOVERNMENT REGULATION Danu Suryani; Endeh Suhartini
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 2 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Non Smoking Area (NSA) is a policy that is made considering that cigarettes are a type of addictive substance which if used can cause harm to the health of the individual or to the surrounding community. Certainly at a glance smoking in a public place does not look like a crime, different from pickpocket, robbery, and other violent crimes, but exposure to cigarette smoke can affect the incidence of disease and even kill all people even. Ironically, passive smokers carry more risk than active smokers or perpetrators. On the other hand public places are considered as free expression areas including smoking. Therefore, the central government up to the regional government stipulates and implements the NSA Policy. The study carried out in Bekasi City by conducting the Normative Juridical Study, Jurisdiction of Sociology, Philosophical Juridical Study and Juridical Comparative Study (Comparative Research of Law), this study produced a concept of regional regulation that can be scientifically used in Bekasi City

IMPLEMENTATION OF LEGAL ASSISTANCE IN CRIMINAL CASES IN CIBINONG DISTRICT COURT Sutan Surya Radonna; Dadang Suprijatna; J. Jopie Gilalo
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Legal aid is a legal sevice program provided to alleviate the burden of life for people who cannot afford financially, and is also useful to create justice and legal protection to society. This legal research is an empirical legal research or descriptive field research. The research is located at Cibinong District Court. Data collection techniques were conducted through interviews with Cibinong District Court judges and literature studies in the form of books, legislation, journals, etc. to support comprehension and completeness of data or materials. Problems in this Research are about implementation of the granting of legal aid to defendants who cannot afford financially in criminal cases and restricted factors towards implementation of granting legal aid to defendants who cannot afford financially in criminal cases. Based on the research results, and the discussion about the analysis of the implementation of legal aid to defendants who cannot afford financially in criminal cases, the implementation of the granting of legal aid can be done through courts, and Legal Aid Institutes (LBH) and directly in accordance with initiative of advocates who voluntarily willing to accompany the defendants. Factors restricting implementation of granting legal aid to defendants who cannot afford financially in criminal cases such as: factors in law enforcement, social and cultural factors, facilities and infrastructure as well. As recommendation, it high required to to courts and LBH to socialize procedures of free legal assistance to the defendants and what sanctions to parties who inhibit the implementation of the granting of legal aid to the defendants in criminal cases.

IDEAL CONDITION OF THE CRIMINAL JUSTICE SYSTEM IN AN EFFORT TO DERADICALIZE THE CRIMINAL ACT OF TERRORISM TO ACHIEVE SUBSTANTIAL JUSTICE Muhammad Taufiq
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The purpose of this study is to examine how law enforcement and prevention efforts and Deradicalisation of terrorism acts in the perspective of Human Rights, Local Wisdom, and realizing a Substantial Justice Criminal System in Indonesia. The approach method used in this scientific work is the normative juridical approach method. With the presentation of data qualitatively. This study emphasizes that the law as a means of law enforcement in Indonesia, especially in the enforcement of Law on Combating Terrorism Crime. The result of this research is that it can be concluded that local wisdom in communal society can be used as media to optimize and strengthen the role of society in countering radical groups and terrorists can be an option to minimize the negative effects caused by the approach of security (hard approach).

PARADIGMA HAK KEBENDAAN KEPEMILIKAN SARUSUN YANG DIBANGUN PADA LAHAN HAK GUNA BANGUNAN Martin Roestamy
JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 1 (2016): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Of the title "The Legal Paradigm of the properties on the strata title ownership built above the land with the Right to Cultivate Ownership" research objectives to be at said is knowing why the legal construction of the right material from the strata title built on land rights, attached to the Rights of material the building as common property rights and know how reconstruction material rights on the Strata titles built on building rights or rights of use that reflects justice and legal certainty. With the concept of methodologies theories and research approaches, as well as of the problems of this study concludes that there are a couple of things. First by sticking the land rights of the unit, then Strata titles have a dependency on the bottom right HGB as with all buildings owned and also can weaken the property rights of apartment units as the strongest and most, but became assessors of HGB. This situation raises a negative implication in the community and has created legal uncertainty and considered unfair, weakening the material rights of Strata titles caused dualism applicable law, the law of the land, building law and the law of objects. It affects the mutual intervention and debilitates the material rights as stipulated in the rules of the law of things, namely; droit de suite, droit de preverent, and droit de levering. In construction law, state that debilitates the legal certainty and justice, it can be reconstructed from the perspective of the development of the legal system of the building against the law of the land, or to the development of HGB as of right down with some simulations and restoration of existing government regulations, or reconstruct the principal laws agrarian related lease rights, land rights, and the rights of use by developing existing government regulations become law, so the law on the new ground by adding the rights of others. In a reconstruction of the law of the land, which is more competitive and create legal certainty and fairness.

ACT OF INFORMATION AND ELECTRONIC TRANSACTIONS IN SOCIOLOGY PERSPECTIVE Agus Satory
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 2 (2017): Jurnal HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The development of information and communication technology has also caused world relations to become borderless and cause significant social, economic and cultural change to take place so quickly. Such rapid advances in information technology have contributed greatly to the development of the world of information and electronic transactions. However, it can not be denied that such great progress on one side brings benefits to humanity, but on the other hand it can also bring harm to humanity. The provisions of Law Number 11 Year 2008 in conjunction with Law Number 19 Year 2016 on Information and Electronic Transactions in the perspective of sociology is due to the will to meet the legal needs of the community, including laws that reflect the cultural values of a nation (latency) . Where many events show that people demand different ways of interception and threats of defamation that are considered too heavy so that sanctions to the treatment of offenders is considered more severe than the actions done.

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