DE'RECHTSSTAAT
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.
Articles
174 Documents
<![CDATA[IMPLEMENTATION OF LEGAL ASSISTANCE IN CRIMINAL CASES IN CIBINONG DISTRICT COURT ]]>
<![CDATA[Radonna, Sutan Surya]]>;
<![CDATA[Suprijatna, Dadang]]>;
<![CDATA[Gilalo, J. Jopie]]>
<![CDATA[ DERECHTSSTAAT Vol 4, No 1 (2018): JURNAL HUKUM "DERECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v4i1.1239
<![CDATA[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.]]>
<![CDATA[HAK ASASI MANUSIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM ]]>
<![CDATA[Suprijatna, Dadang]]>
<![CDATA[ DERECHTSSTAAT Vol 2, No 1 (2016): JURNAL HUKUM DERECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v2i1.656
<![CDATA[Â This study aims to answer how the implementation of legal aid as access to justice for poor people? And any obstacles encountered in the implementation of legal aid? From the results of studies conducted with methods and rules of studies in jurisprudence showed that the implementation of legal aid for people who could not be implemented properly for their deviations in practice, such as the implementation of legal assistance through mentoring new advocate can be enjoyed by the public at the time of inspection advanced not at the time of the initial inspection and the inspection process is ongoing, but without the presence of lawyers, can still be found action advocates who refuse to provide legal aid, as advocates considered less professional and discrimination in the implementations of legal aid. The factors inhibiting the implementation of legal aid for poor people can be classified and divided into three factors namely, the factor of the substance of the law, a factor legal structure, and the cultural factors of law or culture of the community and law enforcement agencies, such as the lack of public understanding of the right to legal aid refers on mistrust, pessimism and skepticism towards the implementation of legal aid, and elements of attitudes, values, ways of acting and thinking advocates leading to the attitudes or actions of irregularities. Factors that inhibit community is negative community views on the implementation of legal aid as well as concerns in the use of legal aid.]]>
<![CDATA[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 ]]>
<![CDATA[Pravitasari, Devyra]]>;
<![CDATA[Yumarni, Ani]]>;
<![CDATA[Hasym, Inayatullah Abd.]]>
<![CDATA[ DERECHTSSTAAT Vol 3, No 2 (2017): Jurnal HUKUM DERECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v3i2.964
<![CDATA[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.]]>
<![CDATA[ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP ]]>
<![CDATA[Agustina, Hurip]]>;
<![CDATA[Suprijatna, Dadang]]>;
<![CDATA[Hakim, Aal Lukmanul]]>
<![CDATA[ DERECHTSSTAAT Vol 2, No 2 (2016): JURNAL HUKUM DERECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v2i2.675
<![CDATA[Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.]]>
<![CDATA[THE EFFECTIVENESS OF REGIONAL REGULATION NO. 4 OF 2012 ON PUBLIC SERVICE LEVIES IN THE FRAMEWORK ORDER CREATING TRAFFIC ON THE ROAD SURYAKENCANA CITY OF BOGOR ]]>
<![CDATA[yadi, Mul]]>;
<![CDATA[Rudyantoro, Harry]]>;
<![CDATA[Bahar, Ujang]]>
<![CDATA[ DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v1i2.453
<![CDATA[ABSTRACT Â Related to the implementation of the Regional Regulation (Perda) about the increase in parking rates at the edge of the road prone to congestion in the city of Bogor ratified and entered into force on July 2, 2012, The first location that imposed this tariff is the Way Suryakencana and Jalan Siliwangi Bogor and the second location is the application of The Government through the Department trials Traffic Transportation (DLLAJ) Bogor City gets a reaction from the people around Jalan Suryakencana. Enactment of the increase in parking rates at Jalan Bogor Suryakencana expected to reduce illegal parking of vehicles in the area, which has been causing congestion. With parking rates that have been enacted many road users who park their vehicles in multiple and indiscriminate. The method used in this study is empirical juridical approach. The study, based on an inventory of positive law, the discovery of the principles of law and legal discovery inconcretto, which include observation of empirical operationalization of law in society. The conclusion from this study is the basis of the application of the levy Parking Services Bank Public Road, especially in the city of Bogor is Law No. 28 of 2009 on Regional Taxes and Levies and Regional Regulation No. 4 of 2012. Implementation of Regional Regulation No. 4 of 2012 on Increase Rates Parking is not yet fully effective this is due to high payments also has not been matched with adequate services, the responsibility for the damage and loss still be a burden for the owner of the vehicle so that the functions and responsibilities of the government that deal with parking problems is questionable. Impact parking tariff policy to demand that any increase in the parking rate of 10 percent would result in a decrease in the use of parking of 0.7 -0.8 percent, increase use of public transport and cycling amounted to 3.71 percent of 0.9 percent. This figure is even greater in the short term, when applied can lead to a new increase in the elasticity to be about - 0.28., Where the parking lot reducing the length of parking time and reduce the amount of parking. Â Keywords: Regional Regulation, Rates Parking, Traffic Order ]]>
<![CDATA[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 ]]>
<![CDATA[Hasyim, Dardiri]]>
<![CDATA[ DERECHTSSTAAT Vol 4, No 1 (2018): JURNAL HUKUM "DERECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v4i1.1234
<![CDATA[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. Â 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.]]>
<![CDATA[HAK ASASI MANUSIA SEBAGAI BAROMETER HUKUM DAN GLOBALISASI ]]>
<![CDATA[Suprijatna, Dadang]]>
<![CDATA[ DERECHTSSTAAT Vol 3, No 1 (2017): JURNAL HUKUM "DERECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v3i1.740
<![CDATA[Human rights as a barometer of the law in its formation is to see from the social phenomena that grow and develop in society that gave birth to social contract. Society is understood as the unity of separate individuals who build a personal bond before the emergence of society itself. The states form of responsibility to its people is to create opportunities for people to gain their rights, as a form of contribution to the people as legitimate owners. The State can no longer ignore any form of any popular will, it is a Right that must be protected and gained great influence from other societies, including the international community globally, which can ultimately affect and / or become a barometer of globalization. Globalization is portrayed as increasing interconnection and social interdependence, politics, economy, law and culture of society behavior, but globalization has also resulted in diminishing the virtue of nation state even an important phenomenon that can not be avoided by anyone, any nation and any country, including Society, nation and state of Indonesia. For that it is fitting for the people and the Indonesian nation to be wary of the growth and development of Globalization that can damage the Mission of Pancasila as the Reject Measure the life of nation and state.]]>
<![CDATA[EFFORTS TO ENSURE THE IMPLEMENTATION OF A HEALTHY COMPETITION ]]>
<![CDATA[Gilalo, J Jopie]]>
<![CDATA[ DERECHTSSTAAT Vol 1, No 1 (2015): JURNAL HUKUM "DERECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v1i1.404
<![CDATA[ABSTRACTFair business competition is expected to grow and thrive in the dynamic economy in Indonesia. In accordance with the mandate of the Constitution of 1945 with the characteristics of the economic system in Indonesia is Pancasila which is the basic framework of the government policy to foster and develop the Indonesian economy. The existence of Act No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Competition Antitrust Law, provides boundaries for businesses (Enterprises) are prohibited to carry out business activities that are not in accordance with the law. Business Competition Supervisory Commission (KPPU) as the supervisory agency of the implementation of Anti-Monopoly Law provide effectiveness of law enforcement for the business person who violates this law. Although the implementation of the Commission are still many obstacles of some decisions decided by the Commission against business people who commit fraud are not in accordance with the Anti-Monopoly Law, but the decision of the Commission at least be able to provide a deterrent for business people who commit fraud. Keywords : Business Competition, Democracy, Economy]]>
<![CDATA[PELANGGARAN PERSYARATAN TEKNIS DAN LAIK JALAN PENGGUNAAN âKNALPOT RACINGâ ]]>
<![CDATA[Riyansah, Yuda]]>
<![CDATA[ DERECHTSSTAAT Vol 2, No 1 (2016): JURNAL HUKUM DERECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v2i1.677
<![CDATA[Bogor City Traffic Police have cracked down on the use of "racing exhaust" is the exhaust that create noise that should not be for the user "racing exhaust" that use will be dealt with by imposing a speeding ticket for anyone who is found to be using it. The using of "racing exhaust" the actual traffic police focus with a noisy exhaust, but for uniformity police finally cracked / menilang all types of non-standard exhaust. For the problem of "racing exhaust" did not meet the technical requirements specified Ministry of Transportation, car manufacturers as a product marketer must obtain permissions from the Ministry of Transportation regarding Technical Specifications and motor products to be marketed. Identify the problem in this research are: 1) What level of legal awareness violation technical requirements and road worthy in term of the use of "exhaust racing"? and 2) How to measure the traffic police in the discipline for violation of technical requirements and road worthy with the using of "racing exhaust" is associated with Law No. 22 of 2009 on Road Traffic and Road Transport ?. The purpose of the study are: 1) To determine, assess and analyze the level of legal awareness violation technical requirements and road worthy in terms the use of "exhaust system" and 2) To determine, assess and analyze the actions of the police traffic discipline for violation of technical requirements and acceptance way with the using of "racing exhaust" is associated with Law Number 22 Year 2009 regarding Traffic and Road Transportation. The method used is a normative juridical research method that is conceived as the norm of law, rules, principles or dogmas. The conclusion of this study is public awareness against the use of exhausting racing in the jurisdiction of Police Bogor City is still low and need to be enforced through the implementations of the traffic rules properly. Constraints are the limiting factor in the using of repression racing exhaust Bogor City Police jurisdiction is given the severity of the sanctions and the lack of awareness of traffic, but it is also caused by the presences of shops selling car accessories such tools freely. Factors that led to the use of racing exhaust that prestige factor, factor adolescent age, race factors, factors influence others. Efforts are being made the police to minimize the using of motor racing that preventive measures and repressive efforts. Efforts by the police in the jurisdiction of the police station in the city of Bogor minimize these violations carried out preventive and repressive that is by cracking down on traffic violators in juridical and non-juridical.]]>
<![CDATA[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 ]]>
<![CDATA[Nurjanah, Ayi]]>
<![CDATA[ DERECHTSSTAAT Vol 4, No 1 (2018): JURNAL HUKUM "DERECHTSSTAAT" ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v4i1.1238
<![CDATA[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, arbitrators inability, high cost of arbitration and public knowledge about unpopular arbitration institution.]]>
