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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 7 Documents

Search results for , issue "Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"" : 7 Documents clear

APPOINTMENTS OFARBITERS IN INDONESIAN NATIONAL BOARD OF ARBITRATION IN CIVIL CASEBASED ON LAW OF THE REPUBLIC OF INDONESIA NUMBER 30 OF 1999 CONCERNING ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION Ayi Nurjanah
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

This study aims to find out application and effectiveness of Law no. 30 of 1999 on the Indonesian National Board of Arbitration (BANI) of South Jakarta, especially regarding the mechanism of its implementation of arbitral tribunal elections and their impact on settlement of arbitration dispute on the institution, and to know the obstacles that hinder the success of arbitration. This research is normative juridicial with the approach of legislation and analytical approach. Data collection techniques are field studies through interviews with related parties. Research data consist of primary and secondary data. Primary data were obtained by direct interviews using structured interview guidelines. Meanwhile,, the secondary data obtained by reviewing documents and literature related to the object of research. Then such data is obtained and is analyzed qualitatively by explaining the problems as discussed in the thesis. From the results of the study, what can be concludedthat: (1) measures the election and appointment of arbitrators is proven effective due to its large impact on the settlement of the dispute so that it can be done more quickly than the general courts. (2) Based on the authority of the arbitrators, an effortto implement Law No. 30 of 1999 has been well implemented as stipulated in the regulation, but there are still factors that hinder the success of arbitration to BANI which come from the parties, arbitrator's inability, high cost of arbitration and public knowledge about unpopular arbitration institution.

OPTIMALIZATION OF SOCIAL SECURITY ADMINISTRATION (BPJS KETENAGAKERJAAN) TO ACCELARATE THE ACCESSABILITY OF HOUSING FACILITIES FOR LOW-INCOME PEOPLE ACCELERATING HOUSING FOR LOW INCOME PEOPLE (MBR) Endang Kawidjaya
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Housing for low-income people has become a problem that until now cannot be solved completely. Various programs have been launched but the number of backlog of housing continues to grow. One of the parties who take in-charge in this problem settlement is the BPJS Ketenagakerjaan program that launches additional programs related to the housing. The results of this study show the role of BPJS Ketenagakerjaan in Accelerating the Accessibility of Housing Facilities for Low-Income People with several programs such as down-payment facilities (PUMP), home renovation loans (PRP) and real estate construction loans. These programs will assist the government to settle this housing deficit although there has not been any prevailing rule and regulation which also has not reached entire nation of Indonesia due to it is limited to the members of BPJS Ketenagakerjaan. Therefore it is required to optimize the role of BPJS Ketenagakaerjaan to settle such housing deficit by understanding the prevailing rules and regulation and some related facilities including the application of leasing. The obstacle which inhibited by the BI Checking that can be solved by set up the new scheme to the potential debtors that so that they can as soon as possible live in their dream houses though still own difficulties in credit rate/BI-Checking. Then, as they change their credit rate they may purchase the house in the form of mortgage based on their capacity of income. To execute this, strong rules and regulation from the government as basis of the role of BPJS Ketenagakerjaan or “other LKNB”can also be active in this housing deficit problem with leasing scheme.

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.

IDENTIFICATION OF RACIAL AND ETHNIC DISCRIMINATION ACCORDING TO LAW NUMBER 40 OF 2008 AND DISCRIMINATION WOMEN ACCORDING TO LAW NO. 7 OF 1984 IN CIVIL CODE Dardiri Hasyim
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

This research attempts to find forms of discrimination in the Act No. 40 of 2008, Act No. 13 of 2003, as well as Act No. 7 of 1984, and compare with Civil Code. Research using the method of librarianship. The results showed there are 19 articles in the Civil Code which is discriminatory. In the meantime there are 6 forms of discrimination in the Act No. 40 of 2008; and 17 form in Act No. 7 of 1984.

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

EFFECTIVENES OF THE ROLE OF BOARD OF COMMISSIONER IN PREVENTING CORPORATE SCANDAL: CASE STUDY OF PT MERPATI NUSANTARA AIRLINES Nyi Mas Gianti Bingah Erbiana
JURNAL HUKUM DE'RECHTSSTAAT Vol. 4 No. 1 (2018): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Corporate scandal resulted from bad consideration and weak analysis to create management decision in running company’s business. This paper discusses the supervisory role and function of supervisory board which is begun with the establishment of corporate supervisory function system from two corporate supervisory system in the world: Two-Tier Baord and One-Tier Board. In addition, this paper also explains connection between such supervisory function with the corporate scandal of PT Merpati Nusantara Airlines. Moreover, this paper examines related matters related to significant distinctions between response towards the corporate scandal based on the corporate management supervision. In conclusion, this paper addresses what can we learn from the corporate scandal of PT Merpati Nusantara Airlines and also whether supervision model by board of commissioners are still relevant to control the performance of the company.

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

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