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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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THE EFFECT OF COMPETITION BETWEEN INDOMARET AND ALFAMART TOWARD THE EXISTENCE OF TRADITIONAL TRADERS BASED ON THE LAW OF BUSINESS COMPETITON PERSPECTIVE Kartini, Tini
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.v3i2.965

Abstract

Recently, there consists a rapid growth of Indomaret and Alfamart.so thateffects the existence of traditional traders. Research objectives are as follow; firstly, to understand and to analyze the effect of competition between Indomaret and Alfamart toward the existence of traditional traders. Secondly, to understand and to analyze the government’s effort to redeem the effect. Research methodology which used is the combination of normative law research and empirical law research methodologies. Research outcomes are as follow; firstly, the negative effect is the traditional traders suffer turnover decline which subsequently lowers their profits.. On the contrary, the positive effect is the competition stimulates the traditional traders to improve the qualities of their products, service, facilities as well as innovation so they could have competitive abilities; the traditional traders could create employment for other micro business scheme to endeavor those of UMKMs. Secondly, the government’s effort to redeem the effect of competition between Indomaret and Alfamart toward the existence of traditional traders, is the policy of local regulation which specifically regulates licensing, localizing, and zone along with the analysis of social-economic of local society, including the existence of traditional traders.
FUNGSI CEK FISIK KENDARAAN BERMOTOR DIKAITKAN DENGAN PERATURAN KAPOLRI NOMOR 5 TAHUN 2012 TENTANG REGISTRASI DAN IDENTIFIKASI KENDARAAN BERMOTOR DI KANTOR SAMSAT KOTA BOGOR santo, Ikh; Suprijatna, Dadang; Gilalo, J. Jopie
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.v3i1.722

Abstract

The background is  study because of their expectations and the reality is much different. The expectations of society, the function is physical check of motor vehicles in Bogor City Police Office Samsat, the service satisfactory,  work professionally, proportional and procedural, so that public services can be felt by both the performance conducted by officers Samsat, especially in the service of the physical check both new vehicles , behind the name, extension of five years, aid physical check. The service is done either to individuals, enterprises or government agencies. Whereas in fact there are officers who play in the implementation of the physical check services such motor vehicle is to prioritize services to enterprises or government agencies. This study was conducted in normative, in the implementation of this study the authors used normative juridical approach, legal or norm, and juridical sociological , legal opening up on social changes, especially Cek  Physical Function, Motor Vehicle Registration and Identification , in giving excellent service. In year 2010 there were 68.511 vehicles, the year 2011 recorded 74.459 units of vehicles,  the year 2012 there were 75.630 vehicles, the year 2013 there were 85.029 vehicles, in 2014 there were 86 343 vehicles , the analysis that there is service improvement must be balanced with the ability of human resources professionals, so that all requests relating to a physical check of vehicles or vehicle registration services can make a positive contribution to society.
CONSTITUTIONAL CONVENTION IN PRACTICE CONSTITUTION IN INDONESIA Suprijatna, Dadang
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.v1i1.394

Abstract

ABSTRACT Conventions has the same legal force by law, because it is accepted and executed, even the convention can shift the written laws. Constitution change, one of them can be reached through the convention, because the constitution is open to be evaluated and refined over time through political mechanisms. To make changes and improvements in the constitution can be developed through amendments or changes as stipulated in Article 37 of the Constitution of 1945 can also be done through a constitutional convention. Convention by constitutional law experts recognized as one of the sources of constitutional law that can be used in the preparation of the implementation system of the Republic of Indonesia as the law states that sovereignty of the people. Almost all modern countries in the world beside it has the constitution (the written Constitution) in the practice of state administration also acknowledges the convention. There are convention in every constitutional system, especially in democracies. For Indonesia, the convention grew by or in accordance with the needs of the Indonesian state. Therefore it should be understood that the convention can not be"imported" form the constitutional system of other countries may be different principle and character with the state system of Indonesia. Parliamentary system that has been entrenched in the constitutional system in western countries, are certainly not in accordance with the constitutional system of Indonesia under the Act of 1945. Keywords: Convention, Constitutional, Indonesias Constitution 
PENAHANAN PELAKU TINDAK PIDANA DI BAWAH UMUR OLEH PENYIDIK DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 3 TAHUN 1997 TENTANG PENGADILAN ANAK Sujarwo, Adi; Suhartini, Endeh; naidi, Ju
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.v2i2.674

Abstract

Delinquency problem is the actual problem, in almost all the countries in the world, including Indonesia . Attention to this issue has a lot of thought poured out, either in the form of discussions and seminars which have been held by organizations or government agencies that close relationship with this problem. In a legal perspective, the problem of theft is a criminal act (delict) plaguing the society , in Article 362 Code of Criminal Law of the theft said, " Whoever took the goods wholly or partially belongs to another person , with intent to have unlawful , punishable due to theft, with a maximum imprisonment of 5 ( five ) years or a fine of nine hundred dollars. However, the rules of Article 362 Book of the Law of Criminal Law of the theft and criminal application against minors regulated in Article 26 paragraph (1), 27 and 28, paragraph (1) of Act No. 3 of 1997 on Juvenile Justice , stipulates that the maximum legal threats meted out to convicted child is ½ of the maximum threat of criminal provisions will apply. This study uses a normative approach , in that the data from the literature and from the field as input and information in order to obtain an answer. The results of this research that the detention of offenders under the age of 3 was associated with the Law No. 1997 on the Juvenile Justice conducted an investigation into juvenile delinquents by the investigator children who have an interest, attention, dedication and understanding the problem child. Legal protection of the child as a criminal in the process of investigation has not been in accordance with Law No. 3 of 1997 on Juvenile Justice. Police to interrogate suspected child should distinguish processes and work systems of the investigation and adult actors. Status of child offenders under the custody process by investigators in Bogor City Police Detention by the investigator or prosecutor young child or children with the determination of the judge, in a case and in the manner provided for in the law No.11 of 2012 and the Criminal Procedure Code, determine that the suspect or the accused may be detained. Because there is the term "may" be detained, the detention of children is not always meant to do, so in this case the investigator expected to strongly consider if the detention of children. According to Article 21 paragraph (1) Criminal Code
DISPUTE SETTLEMENT OF INDUSTRIAL RELATION OF PT. HAENGNAM SEJAHTERA INDONESIA IN THE MEDIATION STEP OF DINAS TENAGA KERJA OF KABUPATEN BOGOR Remen, Omon; Suhartini, Endeh; yumarni, ani
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.v4i1.1240

Abstract

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
ANALISIS KEPASTIAN HUKUM ALAT BUKTI PADA PERJANJIAN ELEKTRONIK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Suhartini, Endeh
DERECHTSSTAAT Vol 2, No 1 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i1.655

Abstract

The study, entitled "Analysis of Legal Certainty Evidence In the Treaty Electronics Based on Law No. 11 of 2008 on Information and Electronic Transactions" seeks to answer two formulation of the problem is how the legal certainty of evidence in the agreement electronically based on Law No. 11 Year 2008 on Information and Electronic transactions and the things that are prohibited in the use of Electronic technology is based on Law Number 11 Year 2008 on Information and Electronic transactions ?. The method used is the method of normative legal writing is a writing that examines the application of positive law within the society and protected by law, in addition to writing also uses the method of writing the empirical (sociological). From the studies undertaken are: Legal Certainty of evidence by the Treaty Electronics based on Article 5 of Law No. 11 of 2008 that the Electronic Information and Electronic Documents have legal certainty could be submitted as legal evidence for the interest of the parties in the event of disputes and can be brought to court if the interests require and prohibited the use of technology Electronic Transaction Agreement as provided for in Article 27 and 37 of Law. No. 11 of 2008 on Information and Electronic Transactions is to provide limits and reducing the legal problems that would be detrimental to the party where the effect of the transaction agreement that enabled it to be published data and information can be misused by unscrupulous people who do not responsible. Some of the problems that would be detrimental to them: The presence of Criminal Fraud, extortion, defamation, and the Economic Crime which would be detrimental to the parties as well as the problems of adverse privately and publicly.
ETHICS AS A PHILOSOPHY OF SCIENCE (KNOWLEDGE) Siregar, Fahrul
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.v1i1.416

Abstract

ABSTRACTIt is a philosophy of ethical values, morality, about good and bad. In addition to studying the ethical values, as well as a knowledge of the values themselves. Some say that ethics is part of a philosophy that teaches the whole mind (good and bad). The concept of ethics as a field of study of philosophy, especially moral philosophy, ethics has very long been the intellectual discourse of the philosophers. Ethics has become the center of attention since the days of ancient Greece. Until now, even ethics still be interesting and actual field of study. Even considered semankin important to not just talk in academic circles but also practiced in daily life interactions every civilized ma. Keywors : Ethics, Philosophy of Science
LEGAL PROTECTION COPYRIGHT OF BULDING OF CULTURAL HERITAGE ARCHITECTURE (CASE STUDY OF ARCHITECTURAL ARCHITECTURE BUILDING IN CITY OF BOGOR) SH., MH., Nurwati; Gilalo, Jacobus Jopie
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.v3i2.961

Abstract

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.
PERAN KOMISI YUDISIAL DALAM SISTEM KETATANEGARAAN INDONESIA Bahar, Ujang
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.v3i1.710

Abstract

The Judicial Commission (JC) is a new independent state institution established as a product of the reform in the constitutional system and its existence is confirmed in the 1945 Constitution. The Judicial Commission was established following the idea of a one-roof system in the judicial authority. Among the roles and authority of the Judicial Commission are to propose appointment of the Supreme Court justices to the House of Representatives (DPR) and to supervise the conducts of justices/judges in order to maintain their respect, dignity and honor and good conduct.  However, in the performance of its duties, the Judicial Commission is not yet as independent as it has been expected. It can be seen from its limited authority. In supervising the conduct of the judges/justices, the Commission is not authorized to impose any sanctions and in the process of selection of candidates for the Supreme Court justices, its authority is limited only at the ratio 3:1. Therefore, the existence of the Commission under the 1945 Constitution becomes unclear, since it is placed under the chapter of the judicial authority, but in reality it does not exercise its judicial authority and only functions as a supervisory agency like the State Audit Board (BPK) instead. Consequently, the Commission only serves as the supporting institution to the Supreme Court, President and the House of Representatives. In order that the Commission becomes truly independent as an institution which supervises the implementation of the judicial power sitting at an equal level with other state institutions, it is necessary to strengthen the institution by making amendments (to re-determine the position of the Judicial Commission) in the 1945 Constitution and other relevant laws and regulations.
EFEKTIVITAS PROGRAM PERWIRA BHABINKAMTIBMAS POLRES BOGOR KOTA DALAM PENANGANAN PERKARA MELALUI ALTERNATIF PENYELESAIAN SENGKETA Supriyoko, Didik; Bahar, Ujang; yadi, Mul
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.v2i2.669

Abstract

The method used in this research is a normative juridical research with comparative law. This study will be a descriptive analysis will provide an overview of the Implementation Program of Bogor City Police Officer Bhabinkamtibmas by virtue Kapolri No.Pol: B / 3022 / XII / 2009Sdeops Date December 14, 2009 on the Handling of Cases Through the Alternative Dispute Resolution (ADR). The program is named after the latest Police Officer Bhabinkamtibmas. The program is a pilot project. This program will be applied in the future to another police station to an extent Polsek.Dengan the Bhabinkamtibmas officers who have members from a wide range of functions is expected to prevent the disruption of security and public order as well as to resolve conflicts early horizontal. The role and function Bhabinkamtibmas members in each region will be further optimized. Bhabinkamtibmas officer team will be down directly in the community to help solve the problems of citizens. Thus, each issue should not be resolved through legal channels, but through mediation and approach officials with the public. The formation of a team of officers Bhayangkara Trustees Public Order and Safety in the City Police Bogor, West Java, a pilot project, particularly for the police station in West Java. The team of eight people who have received training and certification from the National Mediation Centre. The team is a kind of ad hoc team, which is responsible to the Chief of Police and Officer Team members Bhabinkamtibmas of some police functions, not only the function of public guidance. The conclusion from this study is the Program Implementation in Bogor Police Officer Bhabinkamtibmas City and yet not maximum impact on increasing public perception of the police. In terms of implementation, it appears less optimal competence of officers in the police station and police station level. Instructive culture within the police adopted a policy of military norms Officer Program Bhabinkamtibmas seen by officers in the field more as a mere implementation of new tasks rather than the improvement of quality of service.

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