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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.

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Articles 174 Documents

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TINJAUAN YURIDIS HAK PEMBELI KIOS HASIL KERJASAMA PEMBANGUNAN PASAR TRADISIONAL DENGAN SISTEM BUILD OPERATE AND TRANSFER (BOT) DI KABUPATEN BOGOR Hidayat, Asep; Roestamy, Martin; Sihotang, Sudiman
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.v3i1.721

In realizing the general welfare, the acceleration in the construction sector more incentive. One of them is the development in the field of economy and trade, such as traditional markets. An integral part of the market is a kiosk which is a merchant selling. In implementing the needed development funds are not small so this should be a concern of government, given the limited funds of APBN / APBD. One alternative to overcome the limitations of these funds is through cooperation with the private sector with a system Build Operate and Transfer (BOT). Example analyzed is an agreement between the Government of Bogor Regency with PT. Fortunindo Artha Perkasa to revitalize Ciawi market in 2006. The aim of this study is to determine the actualization of the results of development cooperation agreements with the BOT system Ciawi market as well as to determine the legal certainty of ownership of a kiosk in a legal perspective objects. The method used in this research that the Juridical Sociological (Empirical), namely law as phenomena of society, as institutional, or behavior that develop. The technique of data collection is through a method Interview (interview) and Questionnaire Method. Based on the results of research conducted Writer that actualizing the result of cooperation with the BOT system between Bogor Regency with PT. Fortunindo Artha Perkasa is a mutually beneficial cooperation. The partnership is agreed in the contract that contains the rights and obligations of the parties. The agreement provides advantages, both for the Bogor Regency, PT. Fortunindo Artha Perkasa as well as for merchants. Concerning legal certainty, kiosks in law objects categorized as immovable property and have caused material rights to it, namely, the right material that gives pleasure and the right material that has the properties provide warranty. But, market stalls, if used as a credit guarantee of the legal protection for the debtor itself is weak because the market stall cannot be bound by the guarantee institution in Indonesia.

LEGAL REVIEW ON THE LEGITIMACY OF GUARDIAN TO THE MARRIAGE OF ADOPTED CHILD Yumarni, Ani
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.v1i1.401

ABSTRACTÂ Â Â Â Â Â Â Â Â Â Â Â Â A legal marriage is the process of marriage which qualifies the requirements and pillars stipulated by law. However, the appearance of consenting marital guardian (wali) of marriage is among the pillars of legitimate (rukun) marriage. Accordingly, guardian as mentioned here is a relative guardian. This stipulation is applied to daughters including adopted daughters who intentionally going to perform marriage. In particular condition in the society, sometimes, a marital guardian of adopted daughters is untraceable.Â Therefore, in order to examine and analyze the legitimate person to be guardian of marriage, an appropriate legal remedy that becomes the purpose of this research is needed. The methodology applied in the research is juridical normative approach whereby objectively explaining particular data followed by an analysis based on legal theory and related statutes of research objects. However, the custodial right of adopted child is only restricted to the right of custody, nurture, and education. On the other hand, marital custodial right is still belongs to biological parent so long the family tree is identifiable. On the contrary, In case of biological marital guardian is unidentifiable, a guardian judge can perform such right according to the court decision. It was advocated by Article 49 of Law No. 3 of 2006 concerning on Shariah Court. At the same vein, article 17 stipulated on the appointment of another person as guardian in case of somebodyâs custodial right is rejected, and followed by Article 18 which stipulated on the appointment of guardian of not 18 (eighteen) years old enough bereaved child. Keywords: Guardian, Marriage, Adopted child.

PERANAN POLISI LALU LINTAS DALAM PENINGKATAN DISIPLIN BERLALU LINTAS DI WILAYAH HUKUM POLRES BOGOR Saputra, Dedik; A.M., Komari; Gilalo, J. Jopie
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.v2i1.678

This study aims to determine the role of traffic police know the increase in traffic discipline and to know the police efforts to improve traffic discipline. The writing is done using the method of juridical sociological approach, the court concluded that the data obtained from an answer. This type of research used in the study of law is that legal research is descriptive. The results obtained that the role of the police carrying out of order and law enforcement in the field of traffic is by doing the demolition of highway users. The role of traffic police in improving the discipline and enforcement of traffic laws in Police Jurisdiction Police Bogor by the dissemination of traffic rules. The area is usually only seen one or two officers, more visible police officers assisted school children (MCC), Police Friends of Children (PSA), Satpol PP, Transportation Agency, the military and others. As a result the location of the normally chaotic start neat. Public transportation that generally take the path carelessly began to follow the sign that rules have been determined, including stops behind the road markings. Socialization is aimed at people. With the hope of growing awareness of the importance of order and lintas.Tak than mere appeals, undisciplined road users will be immediately ticketed. Range of efforts made to suppress the Bogor Police traffic policeman level of traffic violations is put tape shock, making the road median, make a zebra crossing, putting personnel at vulnerable places, and patrolling the road. When road users do not comply with rules set then the action will be penalized with a verbal reprimand and prosecution by giving a speeding ticket. Bogor Police traffic policeman in reducing offenses involving police discipline is the Friends of Children (PSA) for kindergarten children, coaching on a motorcycle taxi driver, extension to the applicants drivers license, do some police operations.

EFFECTIVENESS OF COLLECTIVE MANAGEMENT ORGANIZATION IN COLLECTIVE ROYALTIES OF MUSIC AND COPYRIGHT WORK ON KARAOKE BUSINESS ACHIEVEMENT BASED ON LAW NUMBER 28 YEAR 2014 ON COPYRIGHT Juardi, Adi; Wati, Nur
DERECHTSSTAAT Vol 4, No 2 (2018): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

He effectiveness of Collective Management Organization (CMO) in charge royalties on business karaoke questionable, this relates to the birth of Act No. 28 year 2014 about copyright which regulate in particular the CMO. Because there are still many karaoke business which still has not fulfilled the obligation to pay royalties of works of copyright music and their songs (karaoke company) exploitation for commercial business interests. This research aims to: (1) know the role of business in addressing CMO karaoke that doesnt pay royalties, (2) know the effectiveness of CMO administering royalties on the karaoke business person under law No. 28 Year 2014, (3) knowing the efforts in improving polling CMO royalty on the karaoke business. This type of research is the Juridical Sociological (Empirical) approach to legislation as well as interviews. The results of this study showed that the effectiveness of the CMO administering royalties have not been effective because it is based on the theory of legal effectiveness Soerjono Soekanto. Efforts in improving the collection of royalties already attempted CMO. The conclusions of this research that is not yet effective because CMO factor law enforcement community and culture that Indonesia is still not law abiding. Her advice is a strict law enforcement and awareness of the law business karaoke should be improved so that effective in running in CMO.

THE EFFECTIVENESS ARRANGEMENTS OF THE GENETIC ENGINEERING USE ON CORN FOOD PRODUCTS EVENT MON 87427 Famela, Ajeng; Lubis, Efridani
DERECHTSSTAAT Vol 4, No 2 (2018): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

The development of science and technology has triggered the use of genetic engineering in food, one of them is in the corn event MON 87427 which is tolerant to glyphosate herbicide. However, it makes ambivalence because on one side the use of genetic engineering offers many advantages but on the other hand the genetic engineering potentially keeping concerns about its safety for human health as well as the environment. The aim of this study is to protect consumers from insecurities of genetically modified food products. The method used in this research is Juridical Normative, data collection techniques used is by through literature research methods, interviews and comparative approaches.Based on the results of the research, the measurement of the safety level of genetically engineered products (PRG) includes the assessment of genetic information, substantial equivalence, allergenicity and toxicity. The regulation on the use of genetic engineering in PRG does not accommodate the halal status of the product in terms of the MUI fatwa that the results of corn PRG event MON 87427 are not halal, so that the lack of effective regulation has an impact on the protection of Muslim consumers in particular. Preventive legal protection focuses on the assessment of food and labeling which in reality there is no product labeled by the PRG, so legal repressive protection is accommodated by Article 79 of Law Number 18 of 2012 concerning Food that will be given administrative sanctions.

Environmental Pollution and Damage Control Through Management of Licensing at the Regional Level yadi, Mul; Siregar, Fahrul; Hasyim, Inayatullah Abd.
DERECHTSSTAAT Vol 4, No 2 (2018): JURNAL HUKUM DERECHTSSTAAT
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.

THE PRINCIPLE OF THE USEFULNESS OF A WAQF OBJECT IN THE PERSPECTIVE OF NAZHIR PROFESSIONALISM BASED ON LAW NUMBER 41 YEAR 2004 ABOUT WAQF IN SUB-DISTRICT CIAWI AND SUB-DISTRICT MEGAMENDUNG BOGOR Sulastri, Siti; Yumarni, Ani; Sihotang, Sudiman
DERECHTSSTAAT Vol 4, No 2 (2018): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v4i2.1529

Realizing the expediency principle of waqf property, one of the efforts that be able to conducted is selecting and appointing nazhir that is conform the criteria and standards of professional nazhir competence. The purpose of study is to determine the criteria and professional nazhir competence in order to realize the expediency principle to assets of waqf in Ciawi and Megamendung district as well as to know the legal effect on waqf asset if nazhir not professional in managing and developing it. The approach method used in this research is sociological juridical (empirical), the law as a symptom of society, as a social institution or behavior that is pattern. Technical data collection used is through observation method, and interview method (interview). Based on results of research conducted by the author that the criteria and standards of professional nazhir competence is proficient, reasonable, law waqf understanding both Syariah and law, behaved as has been exemplified by the prophet Muhammad SAW namely sidiq, amanah, fathanah, tabligh, and possess skills and creativity not only in the field of syariah but law field, management and business. The legal consequences of the unmanaged asset of waqf in accordance to the legislation are the objects of waqf being displaced so that the management and its development can be taken over by the Badan Wakaf Indonesia, accordance to applicable laws and regulations.

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

ABSTRACTÂ 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 andÂ Juridical Comparative Study (Comparative Research of Law), this study produced a concept of regional regulation that can be scientifically used in Bekasi City.

LEGAL ANALYSIS AGAINST SEX GRATIFICATION ON COURT DECISION NUMBER: 87 /PID.SUS /TPK /2013 / PN.BDG Destyani, Ade; Gilalo, J. Jopie
DERECHTSSTAAT Vol 4, No 2 (2018): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Gratification in criminal law in Indonesia is a gift in the broad sense of discounts, commissions, interest-free loans, travel tickets, and other facilities as a mode to influence a policy that is contrary to its duties and obligations as a public servant or state administrator. Giving is no exception, including the provision of services in the form of sex. However, in Law Number 20 Year 2001 concerning the Eradication of Corruption, the enforcement of categorized gratification law on difficult law enforcement, as its proof is bound by laws and regulations concerning the law of evidence, therefore this type of corruption is not can use the conventional legal system. The alternative to overcome the limitations of Law Number 31 Year 1999 in conjunction with Law No. 20 of 200 on Corruption Eradication of Gratification of sex law is to fill the legal vacuum by using the authority of judges during the examination of cases in court. Court verdict Number: 87/ PID.SUS /TPK /2013 Â PN.BDG found the fact that one of the witnesses in the court provided information that the defendant requested sexual services every Thursday or Friday night, but in legal considerations the fact was not considered, it can be used as evidence against the defendant. The authors, judges in giving consideration of the decision need to elaborate, examine and examine more deeply the facts about the sex gratification associated with the explanation of Article 12 B paragraph 1. For the long term also need to absorb Islamic law as solving the problem of sexual gratification so that found the right solution in legal reform in Indonesia.

DEVELOPMENT OF WAQF LAND PRODUCTIVITY FOR THE CONTRUCTION OF HOUSING TO LOW INCOME SOCIETY (MBR) FOR REALIZING GENERAL WELFARE Syawaludin, Saepi; Roestamy, Martin; Sihotang, Sudiman
DERECHTSSTAAT Vol 4, No 2 (2018): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Endowments in Indonesia have abundant potential. However, the potential of waqf has not been able to contribute to solving the problem of poverty, because the management of waqf assets in Indonesia has not been widely used productively due to the still conservative pattern of public thought. Using the Juridical-Normative method, this study tries to provide a literary explanation of the views of the Fuqhas on how the legal status of the development of the productivity of waqf property? and how is the model that can be used to develop the productivity of the waqf property? According to Al-Kamal bin Al-Hammam, the authors of the books Fathul Qadir and Al-Mirginani, the authors of the book Al-Hidayah, said that they could build buildings that were already known that the building could be useful for the ummah, and many models could be used. delivery (BGS) or build operate transfer (BOT).

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