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INDONESIA
DE'RECHTSSTAAT
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 174 Documents
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PRINCIPLES OF BALANC E IN THE FRANCHISE A GREEMENT VIEWED FROM ARTICLE 1338 OF THE CIVIL CO DE Gilalo, J Jopie
DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i2.398

Abstract

ABSTRACTBusiness franchise is already a business activity to invest quickly in a way the distribution system and marketing of a product of goods and or services. Shape franchise made with a covenant between franchisor and franchisee. Problems in the agreement, if the position between the rights and obligations of both parties had been balanced in the implementation of the bonds they created. Franchise agreement is a contract specially (not named). Based on the Law of Treaties in Indonesia Franchise agreements as was as contract law, which refers to Article 1338 of the Civil Code with the fulfillment of the terms of contract law. In addition, the legal umbrella which provides franchise business, namely in the form of regulations issued by the government for guarantees in this business, even though the principle of balance in terms of an agreement, the franchise agreement has not been providing some balance to the franchise yet.
IDEAL CONDITION OF THE CRIMINAL JUSTICE SYSTEM IN AN EFFORT TO DERADICALIZE THE CRIMINAL ACT OF TERRORISM TO ACHIEVE SUBSTANTIAL JUSTICE Taufiq, Muhammad
DERECHTSSTAAT Vol 3, No 2 (2017): Jurnal HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i2.963

Abstract

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). 
PERALIHAN HAK ATAS TANAH UNTUK PEMBANGUNAN HOTEL DI KOTA BOGOR DALAM PERSPEKTIF PERUNTUKAN TANAH (STUDI KASUS HOTEL AMAROOSSA DI KOTA BOGOR) Dian, Warizal Muhammad
DERECHTSSTAAT Vol 3, No 1 (2017): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i1.719

Abstract

Implementation and Monitoring Land Use Permit Allotment for Development in the city of Bogor is to regulate the activities of land transition occurred in the city of Bogor. Therefore, this article will explain how to change the soil in the implementation of the Basic Building coefficient (KDB) and coefficient Building (KLB) in Bogor City Special construction Amaroossa Hotel? and How the construction of hotels in Bogor with consideration land use? Writing method using descriptive empirical laws. The results of the implementation and monitoring of land use designation permits in the city of Bogor is already done, but still a lot of ground breaking transition designation permits the use of land and it is influenced by changes in land that is not in accordance with applicable local regulations. Transfer of rights to land can be done through the purchase, exchange, grant, gift with a will, according to the customs administration and other acts that are intended to move the property. Changes in land use may occur in a systematic and non-systematic. Systematic changes occurred with marked by recurrent phenomenon, namely the type of land-use change at the same location. With establishment Hotels in controlling the utilization of space one of the instruments used is the allotment of land use permit (IPPT). With this permission entire land use changes are required to obtain permission from the government without exception. As stated glittering Bogor City Regional Regulation No. 2 of 2007 on Building Permits and Regional Regulation No. 8 of 2011 Bogor About Spatial Plan 2011-2031 Bogor City.
SPECIAL STOP SPACE MODEL (RHK) AT THE INTERSECTION OF BOGOR RED LIGHT NEW IN INCREASING TRAFFIC SAFETY AND EFFICIENCY Abd. Hasyim, Inayatullah; yulianto, ardan agus
DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i2.460

Abstract

ABSTRACT  RHK is a marker at a red light, the location where the motor must be stopped at the marker and 4 or more wheeled vehicles are not allowed in to the RHK. Bogor is one of the cities that have implemented RHK in traffic but still less socialization. Based on the observation at a red light intersection locations New Bogor, there are riders who do not know the application of the RHK, especially four-wheeled vehicle users, because many drivers do not know what the use of existing red paint his motorcycle image. This research was conducted using a normative juridical approach. This type of research used in the study of this law is the law that is descriptive research. The results of this study it is concluded that (1) There is coordination among stakeholders in the implementation of traffic management in order to improve the safety and efficiency of time in traffic carried by Police Bogor City. The area is usually only seen one or two officers, seen more police officers assisted school children (MCC), Police SA (PSA), municipal police, Transportation Department, the military and others. The impact location is usually chaotic start neat. (2) Barriers to improving the safety and efficient traffic include a) the mental attitude of the majority community of users who are less orderly way, selfish and do not meet the traffic regulations; b) The increasing number of motor vehicles; c) The proliferation of street vendors in the streets and bodies at the crossroads; d) Non-availability of adequate parking; e) Not his planned General Plan Spatial (RUTRW). The effort is to do with preventive measures (prevention) and repressive efforts (repression).  Keywords: Model, Space Special Stop (RHK) Safety, efficiency Traffic
CONSIDERATION OF PANEL OF JUDGES IN THE CASE OF JOINT PROPERTY AGREEMENT TOWARDS POLYGAMOUS MARRIAGE INRELIGIOUS COURT OF CIBINONG CLASS 1B Yunita, Gina
DERECHTSSTAAT Vol 4, No 1 (2018): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v4i1.1237

Abstract

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
VARIOUS TERMS OF CERTIFICATION PROGRAM LAND MASS , IDE AN IMAGE OR SEIZURE heryana, H. Sudri
DERECHTSSTAAT Vol 1, No 1 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i1.413

Abstract

ABSTRACT People rights enforcement is the duty of the executive officers from the function of government institutions in carrying out its duties and functions. Similarly, Agrarian Institution / BPN in serving the public in the land field of this country.  Remembering its strategic program referred to, in the implementation of agrarian involves officials from the center to the following areas Governor, the Regent, Mayor, Head of sub district and villages officials. Besides to support the success of this activities, also involved the Agricultural Special Teams arrangement involve Opstib membership as a security element which at that time was very well respected in the main settlement of land disputes. PRONA. Prona is a program that can be categorized as a flagship program of Agrarian / BPN service to the people, because as an early breakthrough for the sake of upholding the rights on public land with the concept of fast, accurate and simple. As a national movement, this program is called flagship program remembering in this concept of specificity in service. Keywords: Land Certification, Prona, Scramble Image
ARCHIVING OPTIMIZATION IN SAMSAT BOGOR CITY LINKED WITH POLICE REGULATION NOMOR 5 OF 2012 ON MOTOR VEHICLE REGISTRATION AND IDENTIFICATION Sapari, Eka; Suprijatna, Dadang; yadi, Mul
DERECHTSSTAAT Vol 3, No 2 (2017): Jurnal HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i2.962

Abstract

Regident Ranmor aiming for orderly administration, control and supervision of motor vehicles in Indonesia, facilitate investigations offense or crime, planning, operational management and traffic engineering and transport road and national development planning. Regident Ranmor include new Ranmor registration, registration of identity change Ranmor and owners, registration or registration renewal and endorsement Ranmor. In addition to these activities regident Ranmor also includes blocking Ranmor regident documents related crime, replacement and deletion of documents regident Ranmor Ranmor registration number. The research method is needed to collect the amount of material used to answer the juridical analysis. Based on the problem, the research method used in normative juridical reseacrh method that is legal conceived as norms, rules, principles or dogmas. Mechanism archiving in Samsat Bogor City related to the Police Regulatins No. 5 of 2012 on Registration and Identifications of Motor Vehicles include: (1) Acceptance of the archive, (2) Labelling aechives, (3) the Sustainer archives made by some archivist assigned to maintain and secure confidentiality archives, and (4) Depreciation archives, Obstacles in the archiving on SAMSAT Bogor city linked with police Regulation No. 5 of 2012 on Registration and Identification of Motor Vehicles include: (1) lack of understanding of the importance of archives, (2) Increase in volume archives continuous basis, (3) There has guidelines working procedures archival, (4) the use of archives by the manager or by other parties that require long periods of time, and (5) can not or difficult rediscovery archives quickly and precisely. To overcome the problems that exist in archiving in order not to harm the institution, while the steps that can be taken include: (1) Must use storage system, (2) Need for regulating lending procedures in addition to supervision / control and control right, (3) Expanding the storage space and streamline the room as well as the existing equipment, (4) facilities archives should be qualified and with the times, (5) regularly held the treatment and prevention of damage, (6) the clerk records should be eligible, (7) Including the archives in courses or educational and training of archival and use of sophisticated technology, and (8) Conducting regular depreciation and destruction of the archives has been unused.
KONSEP KEPEMILIKAN RUMAH BAGI WARGA NEGARA ASING DALAM RANGKA PERCEPATAN PENINGKATAN INVESTASI DI INDONESIA Roestamy, Martin
DERECHTSSTAAT Vol 2, No 2 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i2.681

Abstract

ABSTRACTIndonesia is known to have a good resource potential. Nevertheless, it has turned out it is not enough to attract investors. All that should be coupled with the ease of the procedure, the availability of law and good services to investors. This study attempted to correlate between the governments policies of home ownership for foreign with efforts to increase investment. It is expected to be answered on how the residential home ownership for foreigners in Indonesia? and how the concept of home ownership for foreigners in order to accelerate the increase in investment in Indonesia ?. using scientific principles the results of this study explained that the application of positive law pertaining to houses and buildings have ignored the principle of horizontal separation adopted in BAL and customary law, in practice the ownership of homes and buildings tend to use the principle of sticking always attach rights to land with the house or building that is on it, this has resulted in WNA difficult to get home because the houses built over the right to use is limited. To overcome this problem needs to be realized registration of houses and buildings by awarding certificate proof of right to a home or building or property that can be transferred, charged to a right of material, to realize the ideals Article 8 UUBG by Presidential Decree as mandated in Article 12 paragraph 4 of the Indonesian Government Regulation No. 36 Year 2005 concerning the Implementing Regulations of Law BG. Thus the application of the principle of horizontal separation adopted in BAL and customary law, in practice the ownership of homes and buildings will allow foreigners have a house to attract foreign investment to invest in Indonesia. Finally with the ease is expected to have an impact on increased investment in Indonesia until this is less good, especially when compared with neighboring countries.
PERLINDUNGAN HUKUM TERHADAP HAK KONSUMEN DALAM INDUSTRI PERUMAHAN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Supriatiningsih, Eka
DERECHTSSTAAT Vol 2, No 2 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i2.665

Abstract

Housing is a basic human need. But for the majority of the Indonesian people, the word "home" became the term that is very expensive, but the house is a building basic, fundamental and also a prerequisite for everyone to survive and live and enjoy life dignified, peaceful, safe and comfortable. Many problems regarding housing draw made this issue to be studied. Identification of research problems are 1) How is the role and perspectives of Law No. 8, 1999 (BFL) for violation of consumer rights in the housing industry?; 2) The extent to which the responsibility of the developer or developer to default or negligence in carrying out obligations, and how the reality faced by consumers?; 3) what legal action can be taken if a dispute arises consumers with businesses?. This study is a descriptive analysis is intended to provide a detailed overview of the rights of consumers in the housing industry, to see the problems that exist in the present and perspective of research that its analysis leads to the future in order to find the right policy to consumer protection housing. From these results it can be concluded that: 1) the implementation of Law No. 8 of 1999 on Consumer Protection (BFL), especially regarding the implementation of consumer rights cannot be realized as a whole, particularly with regard to the behavior for the rights, such as rights advocacy, the right to obtain redress. 2) On the issue of consumer protection, based on the findings directly in the field indicates that Act No. 8, 1999 do not yet play as expected at the time of enactment. 3) Control the government to businesses in the housing industry or developers so far only limited to licensing only, while the interactions or direct relationship between developers and consumers, the government does not intervene. On the advice of the above conclusions are: 1) There needs to be a social movement about empowering consumers so considered important encouragement for socialization activities; 2) Establishment of an independent body specialized dispute resolution field of housing or property in Indonesia is quite urgent, given the weak position of the consumer; 3) For a more integrative and comprehensive reach the target of legal protection to consumers, Act No. 8 of 1999 on Consumer Protection in the implementation must be accompanied by implementing regulations.
INTELKAM UNIT ROLE IN COMBATING NARCOTICS ABUSE IN BOGOR BY DECREE NO NATIONAL POLICE SKEP / 37 / I / 2005 (Studies In Bogor City Police) Suhartini1, Endeh; Rahmat, Ade; Yumarni, Ani
DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i2.407

Abstract

ABSTRACT In the Decree of the Chief of Police No. Pol Skep / 37 / I / 2005 dated January 31, 2005 on Guidelines for Environmental Security Intelligence at the Indonesian Police, stated that security intelligence is intelligence that is implemented in carrying out the principal task of the police to bring internal security. Implementation of the activities and operations of security intelligence is to early prevention, early detection and implementation of early warning in accordance with the vision and mission of the security intelligence. Throughout 2014 the number of drug cases occurring among drug cases increased from 108 cases to 168 cases or by 55.6 percent.The objectives to be achieved in this thesis are: 1) To determine and analyze the role of Unit Intelkam in combating drug abuse in the city of Bogor by the Decree of the Chief of Police No. Skep / 37 / I / 2005. 2) To know and analyze the obstacles encountered Intelkam Force in combating drug abuse in the city of Bogor, and 3) To know and analyze the efforts made Intelkam Unit in overcoming obstacles to overcome combating abuse of narcotics in the city of Bogor. The method used normative juridical research method that is conceived as the norm of law, rules, principles or dogmas.The study concluded that the role of Bogor City Police Intelkam has shown good performance in dealing with drug abuse in the region combating the city of Bogor this is done in order to get results and optimum efficiency in the process of investigating criminal cases by way of supervision open or closed in preventing abuse of the use of narcotics.

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